HomeMy WebLinkAboutCS 94-05 REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 94-05
Date: December 12, 2005
From:
Richard W. Holborn, P.Eng
Division Head, Municipal Property & Engineering
Debi Bentley, CMO, CMMIII
City Clerk
Subject:
Consolidated Municipal Traffic & Parking By-law
Repeal of By-laws 2359/87, 55/74, 3604/90,
2366/87, 6181/03, 1684/83, 6300/04, 1660/83
2632/88, 1835/84,
Recommendations:
That Report CS 94-05 regarding a proposed consolidated traffic and parking By-
law be received; and
That the attached draft by-law be enacted to provide for the regulation of
parking, vehicular and pedestrian traffic on highways or parts of highways under
the jurisdiction of the Corporation of the City of Pickering and on private and
municipal property.
That the appropriate officials of the City of Pickering be given the authority to
give effect thereto.
Executive Summary: As a municipal housekeeping initiative, staff have initiated a
consolidation of the various traffic and parking related by-laws. The proposed change
is intended to:
a) meet the provincial requirement to update regulatory by-laws by January 1, 2006,
b) introduce administrative efficiencies by having all traffic and parking related by-
laws condensed into a single document,
c) provide staff and the public with easier access and information retrieval,
d) correct various typing errors (i.e., Strouds Street and/or Strouds Road changed
to correctly identify Strouds Lane) in the current by-law schedules
e) provide legislative endorsement for the various existing traffic control devices as
installed through the development and approvals process,
0 eliminate any uncontrolled intersections by initiating stop controls at the
conventional approach locations,
g) establish a Regionally universal 80 Km/hr speed limit on rural roads,
h) update and simplify the existing parking by-law.
Report CS 94-05
Consolidated Municipal Traffic & Parking By-law
December 12, 2005
Page 2
Financial Implications:
By-law Consolidation
The consolidation of the municipal traffic and parking by-laws is intended as an
administrative corrective action with efficiencies gained through easier information
retrieval and distribution. Although the proposed corrective measures may increase
revenues generated by court fines due to the improved accuracy of municipal traffic
legislation, there are no anticipated costs associated directly with the consolidation
process.
However, in order to generate a current, comprehensive and accurate document, staff
are also proposing changes to the municipal speed and stop control schedules of the
new by-law. The specific costs, totalling $20,000.00, associated with the changes are
outlined in the applicable sections further within this report and have been included in
the draft 2006 Budget.
Background:
Municipalities typically initiate by-law consolidations every five (5) to ten (10) years.
The consolidation process provides for the repeal of existing legislation and the
recreation of a new municipal by-law. In this case, the review also meets the City's
requirement under the Municipal Act to review our regulatory by-laws.
The new consolidated by-law as proposed, not only provides for the changes that have
occurred and but also integrates the following various by-laws into one comprehensive
document using independent schedules:
Previous By-law Controlling
2359/87
55/74
3604/9O
2632/88
1835/84
2366/87
6181/03
1684/83
6300/04
1660/83
No Parking, No Stopping, No Parking - Extended Hours
No Standing, Permitted Angle Parking, Parking Meter Zones
Commercial Vehicle Loading Zones, School Bus Loading Zones
Stands For Taxicabs, No Stopping or Parking of Commercial
Vehicles, Permitted Parking
Prohibition of Heavy Traffic
Prohibiting turning movements on municipal streets
Stop Signs
Yield Signs
Designation of Through Highways
Establishes Speed limits on municipal streets
Establishes Pedestrian Crossovers on municipal streets
Designation of reduced load highways
Sale of Goods on Highway
Report CS 94-05
Consolidated Municipal Traffic & Parking By-law
December 12, 2005
Page 3
Le.qislat ve endorsement for the various existinq development traffic controls
In conjunction with the consolidation process, staff have included various amendments
to the new municipal traffic by-law schedules. The changes provide legislative
endorsement for the Stop controls and adds the development areas to various typical
schedules such as the speed schedule (with 40km/hr speed limits), prohibited heavy
truck traffic and designated reduced load highway (half loads). As the installation of
traffic controls within new development areas (subdivisions) is a Developer requirement,
there are no financial implications to the municipality.
Elimination of Uncontrolled Intersections
Staff have identified 49 "T" type intersections throughout the City which currently
operate without any traffic controls (see attached Ward maps 1, 2 and 3). Although
uncontrolled intersections are functional (requiring traffic on all approaches to stop and
proceed if and when the way is clear) much like an Ali-Way Stop, they are typically
found in rural environments. As drivers in an urban setting may not be aware of their
obligation to stop and assume that traffic on the opposite approach will yield right of
way, uncontrolled intersections could pose potentially hazardous conditions.
Consequently, staff are proposing to eliminate
all uncontrolled intersections by amending the
municipal traffic by-law to designate the stop
controls on the minor approaches while
maintaining through traffic on the major routes.
As the design provides for conventional stop
conditions (see adjacent sketch) with minimal
impact to the community, no community
consultation notices have been issued.
The estimated cost of the work is $5000.00
and has been included in the 2006 Current Budget for Roads 2320.
Rural Route Speed limits
Recent amendments to the Highway Traffic Act, Section 128.1 (a) and (b) note that
save and except those municipalities which had township status prior to the enactment
of the 2001 Municipal Act (in Durham being Brock, Uxbridge and Scugog), the statutory
maximum speed limit on any highway within a municipality is now 50Km/hr. As the
Province initiated the changes with little consultation with municipalities and no public
advertising, the public may be unaware of the maximum (unposted) rural route speed
limits as they cross jurisdictional township and non township boundaries.
Consequently, Durham Regional Police do not have a clear position with respect to
speed enforcement on unposted rural routes. Although the technical community has
Report CS 94-05
Consolidated Municipal Traffic & Parking By-law
December 12, 2005
Page 4
expressed opposition to the legislative changes to the Province and anticipate future
amendments, the legal process is expected to take years.
Consequently, Technical staff from all municipalities within Durham have agreed that in
order to maintain inter-regional universality, staff would proceed with reports to their
respective municipal Councils recommending amendments to their traffic By-laws to
maintain the previously established maximum speed limit on rural routes of 80km/hr.
As staff are proceeding with a traffic By-law consolidation, the new document identifies
most rural routes within the City of Pickering as having a maximum speed limit of 80
km/hr. Given the proposed speed limit deviates from the statutory rate of 50km/hr, the
municipality would be obligated to install signs advising motorists of the maximum rate
of speed. An inventory review, identified a need for approximately 150 regulatory
speed signs at rural route entry points and mid block locations.
The estimated cost for acquisition and installation of the necessary signs is $15,000.00.
This cost has been included in the 2006 Current Budget for Roads 2320.
Parking Regulatory Changes
The new consolidated traffic and parking by-law has included a review of all previous
parking restrictions. Sections dealing with parking meters, on-street angle parking, one-
way street parking, no parking (extended hours), no standing, commercial vehicle
loading zones, taxi cab stands, one way streets, prohibited "u" turns, and parking near
street railways have been eliminated, as no locations exist in the City of Pickering
requiring these controls.
The section regulating sale of goods on the road has been changed to reflect the Sale
of Goods on Highway By-law, which prohibits all sale of goods within the limits of any
highway. It does permit the licensing of the sale of goods on the highway, if we choose
to regulate refreshment vehicles through licensing requirements.
The section prohibiting parking on a driveway within 30 cm of a sidewalk or footpath or
within 2 m of a roadway is being removed, as there has never been any enforcement of
this section, and due to the limited parking in residential areas it is not recommended
that enforcement be provided. Provisions still exist for ticketing vehicles which are
actually blocking a sidewalk.
A second section permitting a vehicle with a disabled parking permit to be exempt from
the 3 hour parking maximum has also been deleted. Staff could not find any basis for
incorporating this provision, as a homeowner who has a disabled person residing with
them should be parking in the driveway of the residence to allow the holder of the
permit the least distance to travel to and from the car.
The commercial vehicle parking restrictions have been changed from a schedule listing
all residential streets in Pickering, to the prohibition of parking of commercial vehicles
on all City streets unless engaged in loading or unloading of the vehicle.
Report CS 94-05
Consolidated Municipal Traffic & Parking By-law
December 12, 2005
Page 5
One final change was incorporated, changing the distance parking is restricted within a
driveway from 2 m to lm Again, this reflects the limited on-street parking and the
reality that any on-street parking in a newer subdivision is usually within 2 m of a
driveway. The change to a lm distance allows for enforcement of parking restrictions
on vehicles which may actually impede access to a driveway due to their proximity.
Attachments:
Draft Consolidated Municipal Traffic and Parking By-law
Submitted By:
~~nalH~Fl~, <Ri ard W.H~ orn, P.Eng..
p roperty & Engineering
Debi Bentley,
City Clerk
Approve~~,ndorsed By:
Everett///~tsm~a,~-'-'-~-
Directo ,1~0 el~ti~s & Emergency Services
Mike Pelz~
TechniC~
Yr~/ly'
Traffic Engineering
Copy: Chief Administrative Officer
Superintendent, Municipal Operations
Gillis Paterson,
Director, Corporate Services & Treasurer
Kimber
Mana~
,r, By-law Enforcement Services
Recommended for the consideration of
Pickering Ci~ty Count,.
T,J~As J. Quin~ef"~<Jministrati~fic~¢
ATTACHMEN~ #/-.-~ iF('.: R~?O?3' ,,._ ......
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. xxxx/05
Being a by-law to regulate traffic and parking on
highways, private property and municipal
property within the City of Pickering.
WHEREAS pursuant to the Municipal Act, 2001 and the Highway Traffic Act, by-laws may be
passed by the councils of municipalities to regulate traffic and parking on highways, private
property and municipal property.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
INTERPRETATION
1. In this by-law,
(a)
"authorized sign" means a sign or other device placed or erected on a highway
or elsewhere pursuant to the provisions of this by-law and includes official signs;
(b)
"boulevard" means all parts of a highway except any roadway, shoulder or
sidewalk;
(c) "City" means the Corporation of the City of Pickering;
(d)
"Director" means the City's Director of Operations & Emergency Services or a
designate;
(e)
"driveway" means improved land on a highway which provides vehicular access
from a roadway to a laneway or a parking area on adjacent land;
(f) "emergency vehicle" has the same meaning as in section 144 of the HTA;
(g)
"highway" has the same meaning as in subsection 1(1) of the HTA and includes
unopened and unassumed road allowances;
(h)
"HTA" means the Highway Traffic Act, R.S.O. 1990, c. H.8 and any regulations
passed under it;
(i)
"holiday" has the same meaning as in subsection 29(1) of the Interpretation Act,
R.S.O. 1990, c.1.11;
d)
"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;
(k) "municipal property" means property of the City or any board of the City;
Traffic and Parkinq By-Law Pa,qe 2
(i)
"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;
(m)
"pedestrian" means a person on foot or an invalid, child or other person in a
wheeled chair or baby carriage;
(n)
"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
(o)
"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.
Unless the term is otherwise defined in this by-law, terms defined in subsection 1(1) of
the HTA shall have the same meanings when used in this by-law.
Where any expression of time occurs or where any hour or other period of time is stated
in this by-law, 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.
The Schedules referred to in this by-law shall form part of this by-law and each entry in a
column of a Schedule shall be read in conjunction with the entry or entries across from it.
Unless otherwise specified, references in this by-law to sections, subsections, clauses
and Schedules are references to sections, subsections, clauses and Schedules in this
by-law.
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 City that
every other provision of this by-law be applied and enforced in accordance with its terms
to the extent possible according to law.
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
The Director is authorized to place, erect and maintain such signs as are required to give
effect to the provisions cf this by-law.
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.
10.
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.
Traffic and Parkinq By-Law Pa,qe ,3
GENERAL STOPPING AND PARKING REGULATIONS
11.
12.
13.
No person shall park or stop any vehicle on any highway except,
(a)
(b)
where there is a curb, on the right side of the roadway, having regard to the
direction such vehicle was proceeding, with the right front and right rear wheels
parallel to and not more than 15 centimetres out from such curb; or
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.
No person shall park or stop any vehicle,
(a)
(b)
(c)
except wholly within a parking space;
so as to occupy more than one parking space; or
in such a manner as will prevent other persons from utilizing adjacent parking
spaces or obstruct the flow of traffic.
(1) In this section,
(2)
(a) "bus stop" means that part of the highway designated by a sign where
buses will stop to take on or let off passengers; and
(b) "crosswalk" has the same meaning as in subsection 1(1) of the HTA and
includes pedestrian crossovers and school crossings.
No person shall stop any vehicle on any highway,
(a) on or over a sidewalk or footpath;
(b) within an intersection or crosswalk;
(c) within 10 metres of a crosswalk;
(d) while salt or sand is being applied to, or when snow is being ploughed or
removed from, any part of a highway;
(e) in such a manner as to interfere with highway cleaning operations;
(f) on the roadway alongside of any stopped or parked vehicle;
(g) upon any bridge or elevated structure or within any tunnel or underpass;
(h) on any median strip separating two roadways or adjacent to either side or
ends of such median strip;
Traffic and Parking By-Law Paqe 4
14.
15.
(i) 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;
(j) alongside or across a highway from any excavation or obstruction in the
roadway where the free flow of traffic would thereby be impeded; or
(k) in such a manner as to interfere with the movement of traffic.
No person shall stop any vehicle on a highway,
(a) within 15 metres of a pedestrian crossover measured on each side of the
highway in the direction of travel of vehicles on that side of highway;
(b) within 30 metres of a pedestrian crossover measured on each side of the
highway in the direction opposite to the direction of travel of vehicles on that side
of the highway; or
(c) between the hours of 8:30 a.m. and 4:30 p.m., Monday to Friday inclusive, on
either side of a highway or portion of a highway that is adjacent to a school.
No person shall park any vehicle on a highway,
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
within 1 metre of a driveway or laneway or so as to obstruct vehicles in the use of
the driveway or laneway;
within 3 metres of a point on the curb or edge of the roadway adjacent to any fire
hydrant;
within 10 metres of an intersecting roadway or, where authorized signs to that
affect are erected, within a distance of up to 30 metres of an intersection;
for the purpose of displaying the vehicle for sale;
for the purpose of washing, greasing or repairing the vehicle except for such
repairs as have been necessitated by an emergency;
alongside the tracks of any railway;
within 30 metres of the approach side of the nearest rail of any level crossing of a
railway;
within 15 metres of the leaving side of the nearest rail of any level crossing of a
roadway;
on any boulevard;
for a period longer than three (3) hours;
within the turning circle of a cul-de-sac; or
Traffic and Parking By-Law Paqe 5
(I) within 15 metres of the end of the roadway on a dead end highway.
16. 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".
17.
No person shall park or stop any vehicle on municipal property where, by means of one
or more signs, it is indicated that parking or stopping is not permitted.
18. No person shall park any vehicle,
(a)
within 30 metres of a Regional road on an intersecting highway under the
jurisdiction of the City;
(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;
(c)
(d)
on either side of a highway or portion of a highway which is immediately adjacent
to a park or playground; or
19.
Nothing in sections 11 through 19 shall be deemed to permit the stopping or parking of a
vehicle where stopping or parking is prohibited.
STOPPING PROHIBITIONS ON SPECIFIC HIGHWAYS
20.
No person shall stop a vehicle 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
21.
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 2 during the prohibited times or days set out in
Column 4 of Schedule 2.
COMMERCIAL VEHICLES
22. (1)
In this section, "commercial vehicle" means any vehicle designed or operated for
the transportation of property, or a bus, 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
Traffic and Parking By-Law Paqe 6
and unloading, delivery and receipt of goods, wares, merchandise or passengers
to adjacent premises.
SCHOOL BUS LOADING ZONES
23.
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 of Schedule 3 during the
prohibited times and days set out in Column 4 of Schedule 3.
DISABLED PERSON PARKING
24. (1) In this section,
(a)
"designated parking space" means a parking space identified by an
official sign for the exclusive use of a vehicle displaying a disabled person
parking permit;
(b)
"disabled person" has the same meaning as in section 1 of Reg. 581,
R.R.O. 1990;
(c)
"disabled person parking permit" means a disabled person parking permit
issued under the HTA or a similar permit, number plate or other marker or
device bearing the international symbol of access for the disabled and
issued by another jurisdiction;
(d)
"dwelling" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(e)
"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;
and
(0
"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.
(2)
A disabled person 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 disabled person parking permit.
(3)
A disabled person 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 disabled person.
(4)
A disabled person parking permit shall be displayed on the sun visor or on the
dashboard of a vehicle so that the international symbol of access for the
disabled, the permit number and the expiry date of the permit are clearly visible
from the outside of the vehicle.
Traffic and Parking By-Law Pa,qe 7
(5)
(6)
(7)
(8)
Every owner and operator of a parking lot shall provide a minimum number of
designated parking spaces therein in accordance with the following table:
Minimum Number
Total Number of of Designated
Parking Spaces Parkinq Spaces
1 - 50 1
51 - 100 2
101 - 150 3
151 - 200 4
201 - 400 5
401 - 800 8
Over 800 8 plus 1 for each
additional 200 parking
spaces in parking lot
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.
Subsection (5) shall not apply to residential developments consisting of less than
10 dwelling units.
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) a minimum width of four metres;
(d) a minimum length of 5.3 metres;
(e) a minimum vertical clearance of 2.75 metres;
(f)
located so sidewalks, paths or walkways will be accessible to disabled
persons whether via ramps, aisles, depressed curbs, or other appropriate
means without requiring a person to pass behind parked cars or cross a
traffic lane;
Traffic and Parkinq By-Law Paqe 8
(g) 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;
(h) identified by the official sign be mounted with the base of the sign no less
than 1.7 metres and no more than 2.0 metres above grade; and
(i) located in a place approved by the City.
(9) Where the City 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 (h) inclusive of subsection
(3).
(10) No person shall park such a vehicle in a designated parking space unless,
(a) the vehicle is displaying a valid disabled person parking permit; and
(b) the vehicle is being operated by or is conveying the disabled person to
whom the disabled person parking permit has been issued.
PERMIT PARKING
25. (1) In this section, the term "parking permit" means a permit issued by the City for
the purpose of providing for exemptions from certain parking prohibitions.
(2) The City Clerk is authorized to issue a parking permit to one occupant of each
residence that fronts onto the streets identified in Schedule 4.
(3) No person other than an occupant of a residence that fronts on a street named in
Schedule 4 shall acquire a parking permit.
(4) No person shall use a parking permit in a manner or for a purpose not provided
for in this section.
(5) A parking permit shall be displayed by affixing it to the sun visor on the
passenger's side of a motor vehicle parked on the street named on the parking
permit and by turning the sun visor so that the parking permit is readily visible
from the outside of the vehicle on the passenger's side.
(6) A parking permit shall be valid for a period of one year from its date of issuance
unless it is has been cancelled pursuant to subsection (7).
(7) A parking permit shall be cancelled by the City Clerk where,
(a) it was issued on false or mistaken information;
Traffic and Parkin,q By-Law Pa,qe 9
(b)
the person to whom it is issued ceases to be an occupant of a residence
on a street named in Schedule4; or
(c)
a valid parking permit has already been issued to an occupant of the
same residence.
(8)
Notwithstanding the provisions of any section of this by-law, the owner and the
driver of a vehicle on which a parking permit is displayed in accordance with
subsection (5) is exempt from subsection 5(1) in respect of the street named on
the permit.
TURNING MOVEMENTS PROHIBITED
26.
No vehicle in any intersection or portion of highway set out in Column 1 of Schedule 5
proceeding in the direction or emerging from a property set out in Column 2 of Schedule
5, shall be turned in the direction set out in Column 3 of Schedule 5, during the times or
days set out in Column 4 of Schedule 5.
THROUGH HIGHWAYS
27. (1)
The highways set out in Schedule 6 are designated as through highways for the
purposes of the HTA.
(2)
The designation in subsection (1) of a highway or portion of highway as a
through highway shall not include any intersection where the highway intersected
is a King's highway or where traffic control signals are installed.
STOP SIGNS
28.
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 7.
YIELD SIGNS
29.
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 8.
RATE OF SPEED
30.
No person shall drive a vehicle at a rate of speed greater than 50 km/h unless otherwise
posted.
31.
Where any highway or portion of highway set out in Schedule 9 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 9.
Traffic and Parkinq By-Law Paqe 10
HEAVY VEHICLES
32. (1)
In this section, "heavy vehicle" means a vehicle, object or contrivance for moving
loads, having a gross weight, including vehicle, object or contrivance and load, in
excess of 4,500 kilograms but does not include emergency vehicles, school
purpose vehicles or any vehicle operated by or on behalf of the City, regardless
of weight, while on City business.
(2)
Heavy vehicles are prohibited on highways or parts of highways set out in
Column 1 of Schedule 10 between the limits set out in Column 2 of Schedule 10.
(3)
Subsection (2) shall not apply to the use of highways or parts of highways for
deliveries to or removals from any premises abutting the highway that cannot be
reached except by way of the highway or a portion of highway.
(4)
The Director is authorized to issue permits for the movement on highways under
the jurisdiction of the City of vehicles, loads, objects or structures which are in
excess of the dimensional limits set out in Part VII of the HTA or the weight limits
set out in Part VIII of the HTA.
PEDESTRIAN CROSSOVERS
33.
The highways set out in Column 1 of Schedule 11, at the locations set out in Column 2
of Schedule 11, are designated as pedestrian crossovers.
REDUCED LOAD HIGHWAYS
34.
For the purposes of subsections 122 (1), (2) and (3) of the HTA, the reduced load period
shall be that period commencing on March 1st of each year and ending on April 30th of
each year.
35.
The highways to which the reduced load period designation applies shall be those
highways or portions thereof as set out in Schedule 12.
RETAIL SALES
36. (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 person who has the authority to enforce this by-law 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 enforced in the
manner provided by the Repairand Storage Liens Act, R.S.O. 1990 c. R.25.
(3)
If there is a person in charge of the object or thing referred to in subsection (1),
the person authorized to enforce this by-law shall produce appropriate
identification and inform the person that the object or thing is on a public highway
Traffic and Parkinq By-Law Pa,qe 11
(4)
(5)
(6)
contrary to by-law and shall give a receipt to the person for the objects or things
removed.
Any object or thing removed and stored in accordance with subsection (2) and
not claimed by the owner within sixty (60) days shall become the property of the
City and may be sold and the proceeds shall form part of the general funds of the
City.
Notwithstanding subsections (2) and (4), anything that is perishable shall become
the property of the City immediately upon being removed and may be destroyed
or given to any charitable institution.
None of the provisions of this section shall apply to any retail activity in respect of
which the City has issued a licence.
ENFORCEMENT
37.
38.
39.
40.
41.
42.
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.
Part II of the Provincial Offences Act applies in respect of all parking infractions under
this by-law.
Any person who has the authority to enforce this by-law, upon discovery of any vehicle
parked, stopped or standing 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.
Where a vehicle has been parked, stopped or left standing 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.
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.
The provisions of this by-law may be enforced by,
(a)
a police officer pursuant to subsection 42(1)(h) of the Police Services Act, R.S.O.
1990, c. P. 15; and
Traffic and Parking By-Law Page 12
(b)
municipal by-law enforcement officers appointed by the City pursuant to
subsection 15(1) of the Police Services Act.
APPLICATION
43.
This by-law applies to all highways under the jurisdiction of the City and, where
applicable, to municipal property and private property.
44. 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.
45.
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.
46.
Sections 14, 16, 17,18, 20, 21, 23, 25, 26, 28, 29, 31, 32, 33 and 34 shall not be
effective unless authorized signs that clearly indicate the regulation or prohibition have
been erected.
REPEAL
47. (1) The following by-laws, as amended, are repealed:
(a)
(b)
(c) 1684/83,
(d) 2359/87,
(e) 2366/87,
(f) 2632/88,
(g) 3604/90,
(h) 6181/03,
(i) 6300/04,
55/74, prohibiting heavy traffic on municipal highways;
1660/83, prohibiting the sale of goods on highways;
establishing pedestrian crossovers on municipal highways;
establishing various stopping, parking and standing controls;
providing for the designation of through highways;
providing for the erection of stop controls;
prohibiting turning movements on municipal highways;
establishing speed limits on municipal highways; and
providing for the designation of reduced loads highways.
(2)
After the date of the passing of this by-law, the repealed by-laws as noted in
subsection (1) shall apply only to those enforcement proceedings that had been
initiated prior to the date this by-law is enacted, and then only until such
enforcement proceedings have been concluded.
BY-LAW read a first, second and third time and finally passed this ~ day of December 2005.
David Ryan, Mayor
Debi A. Bentley, City Clerk
/
/
WARD t
OPERATIONS & EMERGENCY
SERVICES DEPARTMENT
MUNICIPAL PROPERI'Y &
ENGINEERING D~VISION
NT.S. SEPT. 08, 2005
UNCONTROLLED INTERSECTIONS
WARD I
PIC~RING
.1Y
WARD 2
LAf<E <2tVTA~'O
OPERATIONS & EMERGENCY
SERVICES DEPARTMENT
,.,,,.,,.,,o,~,,,.,_ ~,Ro,,~¥-,. ~, UNCONTROLLED INTERSECTIONS
ENG!N~E~!.NG DtV!S!ON
........... WARD 2
N.T.S. SEPT 08, 2005
J
OPERATIONS & EMERGENCY (~_il~I ,,~ ~
JJ SERVICES OEPARTMENT
Ill~ ..uN,c,~^~.~oP.~T~ ~~o,N~.,.~ ~,,,,~,~ UNCONTROLLED INTERSECTIONS
.... T, ....... WARD 3