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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 - z - 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; - 3 - (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 - 4 - 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; - 5 - (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; - 6 - (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. - 7 - (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. - 8 - 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: - 9 - (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 - 10 - 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, - 11 - (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 _?.