HomeMy WebLinkAboutBy-law 851/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 851/78
Being a By-law to provide for the regu-
lating 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.
WHEREAS, pursuant to the provisions of paragraph 107
of subsection 1 of section 354 of The Municipal Act, R.S.O.
1970, c. 284, the council of a local municipality may pass
by-laws for regulating traffic including parking, standing
or stopping on highways;
AND WHEREAS, pursuant to the provisions of paragraph
45a of subsection 1 of section 354 of the said Act, the
council of a local municipality may pass by-laws for desig-
nating private roadways as fire routes along which no parking
of vehicles shall be permitted;
AND WHEREAS, pursuant to the provisions of paragraph
112 of subsection 1 of section 354 of the said Act, the council
of a local municipality may pass by-laws for prohibiting the
parking or leaving of motor vehicles on private property in
certain circumstances;
AND WHEREAS, pursuant to the provisions of paragraph
3 of Section 363 of the said Act, the council of an urban
municipality may pass by-laws for authorizing and assigning
stands on highways for vehicles kept for hire and regulating
the use of such stands;
AND WHEREAS, pursuant to the provisions of paragraph
2 of Section 364 of the said Act the council of an urban
municipality may pass by-laws for prohibiting or regulating
vending in streets;
AND WHEREAS, pursuant to the provisions of paragraph 8
of Section 460 of the said Act, the council of any municipal-
ity may pass by-laws for the purpose of controlling and regu-
lating meter parking of any vehicle on the highway;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS:
DEFINITIONS
1. (1) The meaning ascribed to any term defined in subsection
1 of section 1 of The Fighway Traffic Act, R.S.O. 1970,
c. 202, as amended from time to time, shall be the
meanings of that term as used in this by-law, unless
that term is otherwise defined in subsection 2 of this
section.
(2) For the purpose of 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;
(b) "boulevard" means all the parts of the highway
save and except any roadway, shoulder or
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sidewalk and,
(i) "outer boulevard" means that part of the
highway lying between any sidewalk and the
travelled portion of the highway or the
edge of the shoulder, where such exists,
furthest from the travelled portion of the
road;
(ii) "inner boulevard" means that part of the
highway lying between the property line and
the edge of the sidewalk nearest to the
property line and where there is no side-
walk, it means that part of the highway
lying between the property line and the
travelled portion of the highway or the
edge of the shoulder, where such exists,
furthest from the travelled portion of the
road;
(c) "bus stop" means that part of a highway designated
by a sign where buses will stop to take on or let
o££ passengers;
(d) "Chief of Police" means the Chief of Police of
the Regional Municipality of Durham;
(e) "driveway" means improved land on a highway which
provides vehicular access from the roadway to a
laneway or a parking area on adjacent land;
(f) "fire route" means a private roadway designated as
a fire route by one or more signs erected by or on
behalf of the owner or occupant of the private
roadway;
(g) "highway", includes a common and public highway,
street, avenue, parkway, square, place, bridge,
viaduct or trestle, designed and intended for, or
used by, the general public for the passage of
vehicles, including unopened and unassumed high-
ways;
(h) "highway, one way" means a highway upon which the
movement of vehicular traffic is limited to one
direction;
(i) "holiday" includes Sunday, New Year's Day, Good
Friday, Victoria Day, Dominion Day, any day pro-
claimed as a civic holiday by the Town, Labour
Day, Thanksgiving Day, Christmas Day, Boxing Day,
the day proclaimed as the birthday or day fixed
by proclamation of the Governor General for the
celebration of the birthday of the reigning
sovereign, and any day appointed by proclamation
of the Governor General or the Lieutenant-Governor-
in-Council as a public holiday or for a general
fast or thanksgiving, and the next following day
when any such holiday falls on a Sunday;
(j) "laneway" means improved land adjacent to the
highway which provides access from the highway
to a parking area on adjacent land;
(k) "loading zone" means that part of a highway set
apart for the exclusive purpose of parking a
vehicle to load or unload same;
(1) "municipal property" means property of the Town
or any board thereof;
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(m) "parking meter" means any device together with
its standard or other means or support, erected
for the purpose of,
(i) controlling and regulating the parking of
any vehicle in a parking space; and
(ii) measuring the parking time for which payment
has been made and the duration of such time;
(n) "parking meter cover" means a hood, bag or other
covering for a parking meter that is authorized
by the Director of Public Works of the Town and
placed over a parking meter to indicate that a
parking meter space is reserved or not to be used;
(o) "parking meter space" means a parking space which
is controlled and regulated by a parking meter;
(p) "parking meter zone" means that part of a highway
designated in Schedule "F" to this by-law as being
where parking is controlled and regulated by a
parking meter or meters;
(q) "parking space" means that part of the surface of
a roadway designated for the purpose of parking a
vehicle;
(r) "pedestrian" means a person on foot or an invalid,
child or other person in a wheeled chair or baby
carriage;
(s) "private property" means property on which one or
more signs have been erected by or on behalf of the
owner or occupant prohibiting trespassing or parking
or restricting parking as set out thereon;
(t) "private roadway" means a roadway or laneway on
private property;
(u) "shoulder" means that part of a highway immediately
adjacent to the travelled portion of the roadway
and having a surface which has been improved with
asphalt, concrete or gravel for the use of vehicles;
(v) "sidewalk" means all that part of a highway as is
set aside by the Town for the use of pedestrians
or used by the general public for the passage of
pedestrians;
(w) 'Town" means the Corporation of the Town of Pickering;
and
(x) "vending vehicle" means a vehicle from which goods,
wares, merchandise, produce, food or other edible
substance or beverages are sold or offered for
sale or from which orders are taken.
CRNERAL
2. (1) 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, when the time
referred to shall be daylight saving time.
(2) (a) The Director of Public Works of the Town or his
designate is authorized to place or erect and to
maintain such authorized signs as are required to
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give effect to the provisions of this by-law.
(b) 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 which conceals from view
or interferes with the effectiveness of an
authorized sign.
(3) The Chief of Police and the Director of Public Works
of the Town are hereby authorized to place or erect
and to maintain temporary "No Parking" signs and "No
Stopping" signs on any highway.
(4) The Schedules to this by-law shall form part of this
By-law and each entry in a column of such a Schedule
shall be read in conjunction with the entry or entries
across therefrom and not otherwise.
(5) If any provision of this by-law shall be found to be,
become or be deemed to be ultra vires,illegal or
invalid, the remainder of the by-law shall not be
affected thereby.
(6) The provisions of this By-law shall be enforced by
the Chief of Police and the Town's municipal law
enforcement officers.
STOPPING AND PARKING REGULATIONS
3. (1) No person shall park or stop any vehicle on any highway
or portion thereof except as follows:
(a) where there is a curb, on the right side of the
roadway, having regard to the direction such
vehicle was proceeding, with its right front and
right rear wheels parallel to and not more than
15 cm out from such curb;
(b) where there is no curb, with its 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,
foot path or boulevard.
(2) Where parking is permitted on the left-hand side of the
travelled portion of a highway designated for one-way
traffic, no person shall park or stop any vehicle on
the left-hand side of that highway or portion thereof
except as follows:
(a) where there is a curb on the left side of the
travelled portion of the highway, having regard
to the direction such vehicle was proceeding,
with its left front and left rear wheels parallel
to and nor more than 15 cm out from such curb;
(b) where there is no curb, with the left front and
left rear wheels parallel to and as near to the
left-hand limit of the highway as is practicable
without stopping or parking on or over a sidewalk,
foot path or boulevard.
(3) No person shall on any highway stop any vehicle:
(a) on or over a sidewalk or foot path;
(b) within an intersection or crosswalk;
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(c) within 10 m of a crosswalk;
(d) in such a manner as to interfere with the movement
of traffic or the clearing of snow from the 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) other than a bus in a designated bus stop, except
that the driver of a passenger vehicle may tempor-
arily stop therein for the purpose of and while
actually engaged in loading or unloading passengers
when such stopping does not interfere with any bus;
(j) alongside or across the highway from any excavation
or obstruction in the roadway where the free flow
of traffic would thereby be impeded.
(4) (a) No person who is selling or offering for sale goods
or produce from a stationary vehicle on a highway
shall park the vehicle or permit the vehicle to
remain parked in such a manner as to obstruct traffic.
(b) No person shall offer for sale or sell goods or
produce from a vehicle on a highway except from
the side of such vehicle facing an inner boulevard.
(c) No person shall park or stop or permit to remain
parked or stopped a vending vehicle on any highway
unless parking or stopping is permitted and the
person shall be governed by the parking and stopping
regulations specified in relation to the location.
(d) Notwithstanding (c) above no person shall park or
stop or permit to remain parked or stopped a
vending vehicle for longer than ten (10) minutes
in any one location in any one day.
(5) No person shall on any highway park any vehicle:
(a) in front of or within 2 m of a driveway or laneway
or so as to obstruct vehicles in the use of a
driveway or laneway;
(b) within 3 m of a point on the curb or edge of the
roadway adjacent to any fire hydrant;
(c) within 10 m of an intersecting roadway;
(d) for the purpose of displaying the vehicle for sale;
(e) for the purpose of washing, greasing or repairing
the vehicle except for such repairs as have been
necessitated by an emergency;
(f) alongside the tracks of any railway other than a
street railway;
(g) within 30 m of the approach side of the nearest
rail of any level crossing of a railway;
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(h) within 15 m of the leaving side of the nearest rail
of any level crossing of a roadway;
(i) in such a position as will prevent the removal of
any other vehicle previously parked;
(j) for a period longer than three (3) hours except
where designated in Column VI of Schedule "F" to
this by-law;
(k) on the travelled portion of a roadway having a
width of 6 m or less unless such roadway is a
cul-de-sac;
(1) on a driveway within 30 cm of a sidewalk or foot
path or, if there is no sidewalk or foot path, within
2 m of the roadway.
(6) (a) No person shall park or leave any motor vehicle
on private property without authority from the
owner or occupant of such property.
(b) No person shall park or leave any motor vehicle
on any municipal property where by means of one
or more signs, it is indicated that such parking
or leaving is not authorized.
(c) No person shall park or leave any vehicle along
any private roadway designated as a fire route.
(7) Where authorized signs to that effect are displayed, no
person shall on any highway stop any vehicle:
(a) within 15 m of a pedestrian crossover measured on
each side of the highway in the direction of travel
of vehicles on that side of the highway;
(b) within 30 m 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;
(c) other than a school bus in a school bus loading
zone;
(d) any time or between the hours of 08:30 and 16:30,
Monday to Friday inclusive, on one or both sides
of a highway or portion of a highway which is im-
mediately adjacent to a school.
(8) Where authorized signs to that effect are displayed no
person shall park any vehicle:
(a) within 30 m of a Regional Road on an intersecting
highway under the jurisdiction of the Town;
(b) on any highway in front of an entrance to or exit
from any building or enclosed space in which persons
may be expected to congregate in large numbers;
(c) on any highway within 8 m of any fire hall on the
side of the highway on which the fire hall is located
or within 30 m of such fire hall on the opposite of
the highway;
(d) anytime on one or both sides of a highway or portion
of a highway which is immediately adjacent to a
park or playground;
(e) within the turning circle of a cul-de-sac;
(f) within 15 m of the end of the roadway on a dead
end highway.
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(9) Nothing in this section shall be deemed to permit the
stopping or parking of a vehicle where stopping or
parking is prohibited.
STOPPING RESTRICTIONS AND PROHIBITIONS ON CERTAIN HIGHWAYS
4. Where authorized signs to that effect are displayed,
no person shall stop a vehicle on any highway on that
side and between those limits set out respectively in
Columns I,II and III of Schedule "A" to this By-law
during the prohibited times or days set out in Column
IV of the said Schedule.
PARKING RESTRICTIONS AND PROHIBITIONS ON CERTAIN HIGHWAYS
5. (1) Where authorized signs to that effect
no person shall park a vehicle on any
side and between those limits set out
Columns I, II and III of Schedule "B"
during the prohibited times or days s
IV of the said Schedule.
are displayed,
highway on that
respectively in
to this By-law
=_t out in Column
(2) Where authorized signs to that effect are displayed,
no person shall park a vehicle on any highway on that
side and between those limits set out respectively in
Columns I, II and III of Schedule "C" to this By-law
during the times or days set out in Column IV of the
said Schedule for a longer period than that set out
in Column V of the said Schedule.
STANDING RESTRICTIONS AND PROHIBITIONS ON CERTAIN HIGHWAYS
6. Where authorized signs to that effect are displayed,
no person shall stand a vehicle on any highway on that
side and between those limits set out respectively in
Columns I, II and III of Schedule "D" to this By-law
during the prohibited times or days set out in Column
IV of the said Schedule.
PERMITTED ANGLE PARKING
7. (1) Angle parking in accordance with the provisions of
subsections 3 and 4 hereof is permitted on the highways
on those sides and between those limits set out res-
pectively in Columns I, II and III of Schedule "E" to
this By-law.
(2) The provisions of subsections 1 and 2 of section 3 do not
apply where angle parking is permitted under this section.
(3) Where angle parking spaces are designated by lines
painted on the roadway, no person shall stop or park
any vehicle except entirely within a space so designated.
(4) Where angle parking is permitted on a highway and
parking spaces are not designated by lines on the road-
way, no person shall stop or park any vehicle except
at an angle of 45 degrees from the curb or edge of the
roadway.
(5) Where angle parking is permitted on a highway other
than at an angle of 90 degrees to the curb or edge of
the roadway, no person shall park a vehicle or permit
a vehicle to remain parked on such highway except with
the front end of the vehicle at the curb or edge of the
roadway.
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PARKING METERS
8. (1) Where in this By-law a fee is stipulated for a given
parking period in a parking space, the fee shall be
paid for that period or any portion thereof, and the
period shall be as measured by the parking meter con-
trolling such parking space.
(2) The erection, maintenance and operation of parking
meters on the highways, on those sides and between those
limits set out respectively in Columns I, II and III
of Schedule "F" to this By-law for the purpose of con-
trolling and regulating parking during the days and
hours set out in Column IV of the said Schedule and
the designation of parking spaces in connection with
such meters, is hereby authorized.
(3) Where parking meters have been erected under the
authority of subsection 2 of this section, no person
shall park any vehicle in a parking meter space on
any highway, on that side and between those limits
set out respectively in Columns I, II and III of
Schedule "F" to this By-law during the days and hours
set out in Column IV of the said Schedule unless the
meter controlling such parking meter space is used
and a fee is deposited therein in accordance with
the rate set out in Column V of the said Schedule.
(4) Where parking meters have been erected under the authority
of subsection 2 of this section, no person shall park
any vehicle in a parking meter space on any highway,
on that side and between thoselimits set out respec-
tively in Columns I, II and III of Schedule "F" to
this By-law during the days and hours set out in
Column IV of the said Schedule for a longer period
than that set out in Column VI of the said Schedule.
(5) Where parking meters have been installed under the
authority of subsection 2 of this section:
(a) if parallel parking is permitted, no person shall
park a vehicle in a parking meter space unless
the front of such vehicle is opposite the parking
meter provided for such space except that, in
any case when two meters are mounted on the
same standard, the rear of the forward vehicle
shall be opposite to or as close as is practicable
to the forward parking meter and the front of the
rear vehicle shall be opposite to or as close
as is practicable to the rear meter;
(b) if angle parking is permitted, no person shall
park a vehicle in a parking meter space unless
the front of such vehicle is as close as is
practicable to the parking meter for such space;
(c) If a parking meter space has been designated by
lines painted on the roadway, no person shall
park any vehicle in such a manner that it is
not wholly within the area designated as a parking
meter space unless such vehicle is of such length
as to render it impossible to park it in one
parking meter space in which case the adjoining
parking meter space shall, in addition, be used
and the necessary deposit of coins shall be made
in the parking meter provided for each parking
meter space.
(6) (a) No person shall park a vehicle or permit a vehicle
to remain parked in a parking meter space if:
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(i) the parking meter has been covered by a parking
meter cover;
(ii) the parking meter has been removed from its
standard.
(b) Nothwithstanding (a) above, only an authorized
person shall park a vehicle or permit a vehicle
to remain parked in a parking meter space where
the meter has been covered or removed to indicate
reserved parking.
(7) For the purposes of determining violations of the use
of the parking meter or the parking meter space, the
fact that the parking meter governing the parking meter
space indicates that the vehicle is unlawfully parked
is prima facie evidence that such vehicle is unlawfully
parked.
(8) No person shall deposit or cause to be deposited in any
parking meter any slug, device or other substitute for
a coin of the Dominion of Canada.
(9) No person shall deface, conceal, injure, tamper with,
open or wilfully break, destroy or impair the usefulness
of any parking meter erected under the authority of
this By-law.
(10) Nothing in subsection 2, 3, 4 and 5 of this section shall
be deemed to permit a person to stop or park a vehicle
at any location where, or at any time when stopping or
parking is otherwise prohibited.
COMMERCIAL VEHICLES AND LOADING ZONES
9. (1) For the purpose of 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) Notwithstanding the provisions of any other section
of this By-law, except subsection 3 of this section,
no person shall park or stop any commercial vehicle
on any highway on that side and between those limits
set out respectively in Columns I, II and III of
Schedule "I" to this By-law during the prohibited
times or days set out in Column IV of the said Schedule,
unless the commercial vehicle is actually engaged in
the loading and unloading, delivery and receipt of
goods,wares, merchandise or passengers to adjacent
premises.
(3) where authorized signs to that effect are displayed,
no person shall park a vehicle other than a commercial
vehicle actually engaged in the loading and unloading,
delivery and receipt of goods, wares, merchandise or
passengers to adjacent premises, on any highway on that
side and between those limits set out respectively in
Columns I, II and III of Schedule "G" to this By-law.
STANDS FOR TAXICABS
10. (1) No person shall stop or park a vehicle or permit a
vehicle to remain stopped or parked in a stand for
taxicabs other than a taxicab waiting for hire or
engagement.
(2) Stands for taxicabs are hereby authorized and assigned
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on the highways on those sides and at those locations
set out respectively in Columns I, II and III of
Schedule "H" to this by-law for the permitted number
of taxicabs set out in Column IV of the said Schedule
for use between the hours set out in Column IV of the
said Schedule for use between the hours set out in
Column V of the said Schedule and when authorized
signs to that effect are erected.
PENALTIES
11. (1) Any person who contravenes any of the provisions of
subsections 3, 4 or 5 of section 8 of this by-law shall
be liable upon conviction thereof to a fine of five
dollars ($5.00) for each offence, exclusive of costs,
recoverable under the provisions of The Summary
Convictions Act.
(2) Any person who contravenes any of the provisions of
subsections 1, 2, 4, 5, 6 or 8 of section 3; section 5;
section 7; subsection 6 of section 8; section 9; or
section 10 of this by-law shall be liable upon con-
viction thereof to a fine of ten dollars ($10.00)
for each offence, exclusive of costs, recoverable under
the provisions of The Summary Convictions Act.
(3) Any person who contravenes any of the provisions of
subsections 3 or 7 of section 3; section 4; section 6; or
subsections 8 or 9 of section 8 of this by-law shall be
liable upon conviction thereof to a fine of fifteen dollars
($15.00) for each offence, exclusive of costs, recoverable
under the provisions of The Summary Convictions Act.
(4) The owner of any vehicle for which a notice of violation
has been issued alleging a contravention of any of the
provisions of this By-law referred to in subsections 1,
2 or 3 above, may make payment out of court of the fine
set out, in accordance with this By-law, on the notice
of violation by remitting such payment to the appropriate
authority in accordance with the instructions on the
notice of violation within the time limit prescribed
thereon.
(5) A constable or an officer appointed for the carrying out
of the provisions of 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 section 48 of The Mechanic's
Lien Act.
(6) The owner of a vehicle shall incur the penalties pro-
vided for any contravention of this by-law unless at
the time of the contravention the vehicle was in the
possession of some person other than the owner or his
chauffeur,without the owner's consent, in which case
the person in possession of the vehicle shall also be
liable to incur the penalties provided for any such
contravention.
APPLICATION
12. (1) This By-law applies to all highways under the jurisdiction
of the Town.
(2) Sections 3, 4, 5, 6, 7, 8, 9 and 10 of this By-law shall
not, if compliance therewith would be impracticable,
apply to,
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(a) ambulances, police or fire department vehicles
or public utility emergency vehicles; or
(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
reauired for the purpose of such funeral.
(3) By-laws 3901, 42/74, 182/75, 195/75 and 352/76 are
hereby repealed.
13. This By-law shall come into force on September 1, 1978.
BY-LAW read a first, second and third time and finally PASSED
this 101„ day of h , 1978.
M yor
"ftua
Clerk _?.