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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