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