HomeMy WebLinkAboutBy-law 6604/05 - ParkingTHE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
6604/0~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 andparkingonhighways, private
property and municipal property.NOW THEREFORE THE COUNCIL OF THE CORPORATION OFTHECITYOFPICKERING
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 ofPickering;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" meansthe Highway Traffic Act, R.S.O. 1990,
c. H.8
and any regulations passed under it;i)holiday" has thesame meaning as in subsection
29(1) of the InterpretationAct,R.
S.O. 1990, c.1.11;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;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
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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.o 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 of this by-law.o 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.GENERAL STOPPING AND PARKING REGULATIONS 11. No person shall park
or stop any vehicle on any highway except,a)where there is a curb, on the right
side of the roadway, having regard to the direction such vehicle was proceeding,
with the right front and right rear wheels parallel to and not more
than 15 centimetres out from such curb; or b)where there is no curb, with the right front
and right rear wheels parallel to and as near to the right hand limit of
the highway as is practicable without parking or stopping
on or over a sidewalk, footpath or boulevard.12.
No person shall park or stop any
vehicle,a) except wholly within a parking space;b) so as
to occupy more than one parking space; or c)in such a manner as
will prevent other persons from utilizing adjacent
parking spaces or obstruct the
flow of traffic.13. (1) In this section,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.2) No
person shall stop any vehicle on any highway,
a) on or over a sidewalk
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14.
15.
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; '
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) within 1 metre of a driveway or laneway or so as to obstruct vehicles in the use of
the driveway or laneway;
b) within 3 metres of a point on the curb or edge of the roadway adjacent to any fire
hydrant;
c) within 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 within 15 metres of the end of the roadway on a dead
end
highway.
d)
e)
f)
g)
h)
i)
J)
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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 moro 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; or
c)on either side of a highway or portion of a highway which is immediately adjacent
to a park or playground.
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
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 I of Reg. 581,
R.R.O. 1990;
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2)
3)
4)
5)
6)
7)
8)
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
moro 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
f)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.
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.
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.
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.
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
Parkinq Spaces
Minimum Number
of Designated
Parkinq Spaces
1 - 50 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 moro
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)
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9)
10)
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;
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.
Where the City permits a gravel surfaced parking space, each designated
parking space shall,
a) be identified with a pro-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).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)
2)
3)
4)
5)
6)
7)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.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.No person other than an occupant of a residence that fronts on a street named
in Schedule 4 shall acquire a parking
permit.No person shall use a parking permit in a manner or for a purpose not
provided for in this
section.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 thepassenger's
side.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).A parking permit shall be cancelled by the City Clerk
where,a) it was issued on false or mistaken
information;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
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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 subsection5(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 aKing'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.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 I of Schedule 11, at the locations set
out in Column 2 of Schedule 11, are
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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 highwaysto 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 Repair and Storage LiensAct, R.S.O. 1990c.
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 contrary to by-law and shall give a receipt to the person for
the
objects or things removed.4)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.5)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.6)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.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 intheProvincial 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.38.Part II of the Provincial Offences Act applies in respect
of all
parking infractions under this by-law.39.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.40.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 someperson other
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41.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 withoutthe owner'
s consent.42. The provisions of this by-law may
be enforced by,a)a police officer pursuant tosubsection 42(1)(h) of the Police Sen/ices
Act, R.S.O.1990,
c. P. 15; and b)municipal by-law enforcement officers appointed
by theCity pursuant to subsection 15(1)
of
the Police Sen/ices 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 foroffences 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) 36O4/90,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 enforcementproceedings
have been concluded.BY-LAW