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3136-2014 Parking

3136-2014 Parking By-Law

BEING A BY-LAW TO REGULATE PARKING FOR VEHICLES AND SNOW REMOVAL FROM PROPERTY ABUTTING ON HIGHWAYS IN THE TOWNSHIP OF AUGUSTA.

Passed by Council December 22, 2014


CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3136-2014

BEING a By-Law to regulate parking for vehicles and snow removal from property
abutting on highways in the Township of Augusta

WHEREAS section 11(1)(1) of the Municipal Act 2001, c. 25 S.O. 2001 as amended
allows for municipalities to pass By-Laws respecting matters pertaining to highways,
including parking and traffic on Highways

NOW THEREFORE the Council of the Corporation of the Township of Augusta
hereby enacts as follows that:
This By-Law may be cited as the “Parking By-Law”

PART I DEFINITIONS

Unless specifically modified or changed herein, words or expressions used in this ByLaw
have the same meaning as given or used in the Highway Traffic Act, c. H. 8,
R.S.O. 1990, as amended.

For the purpose of this By-Law the following definitions shall apply:

1. Authorized sign shall mean any parking or traffic control device or traffic
signal placed or erected on a highway under the authority of this or any
other By-Law for the purpose of regulating, warning or guiding traffic and
includes such signs as described in the regulations made pursuant to the
Highway Traffic Act, c. H.8, R.S.O. 1990, as amended

2. Boulevard shall mean that portion of the road allowance running parallel to
the roadway and extending to the property line excluding the sidewalk
whether grassed, paved or otherwise.

3. By-Law Enforcement Officer shall mean a By-Law Enforcement Officer of
the Township of Augusta and any other officer authorized by the Township
of Augusta for the enforcement of By-Laws in the Township of Augusta.

4. Commercial Motor Vehicle shall mean a motor vehicle having
permanently attached thereto a truck or delivery body and, includes
ambulances, hearses, fire apparatus and tractors used for hauling
purposes on the highway.

5. Corner shall mean that point of intersection of curbs or edges of the
portion of the highway used for vehicular traffic.

6. Council shall mean the Council of the Corporation of the Township of
Augusta

7. Curb shall include the edge of the confining wall of a boulevard or the
outer edge of a sidewalk.

8. Disabled passenger vehicle shall mean a van or a bus operating on a
highway for the purpose of transporting for compensation, physically
disabled persons or by, for or on behalf of any person, club or agency or
organization that holds itself out as providing a transportation service to
physically disabled persons, for compensation or otherwise, an accessible
urban transit bus or an accessible taxicab as defined under the Highway
Traffic Act c. H.8, R.S.O. 1990, as amended.

9. Disabled person shall mean anyone who is unable to walk unassisted
more than 200 meters (218 yards) without serious difficulty or danger to
safety or health and certified as such by a licensed physician, chiropractor,
osteopathic physician, physiotherapist or occupational therapist as defined
in the Highway Traffic Act, c. H.8, R.S.O. 1990, as amended.

10. Disabled person parking permit shall mean a permit or other marker or
device issued by a provincial agency depicting the international symbol for
disabled persons as defined in the Highway Traffic Act, c. H. 8, R.S.O.
1990, as amended.

11. Fire Chief shall mean the Chief of the Fire Department of the Township of
Augusta.

12. Heavy Traffic shall mean any vehicle or combination of vehicle and trailer
that exceeds 5,000 kilograms as described in 0. Reg. 147/97 of the
Highway Traffic Act, c. H. 8, R.S.O. 1990, as amended.

13. Highway shall mean a common and public highway (roads and streets)
and includes any bridge, trestle, viaduct or other structure forming part of
the highway and, except as otherwise provided includes a portion of a
highway as defined in the Municipal Act, 2001 c. 25, S.O. 2001 as
amended.

14. Intersection shall mean that area embraced within the prolongation or
connection of the lateral curb lines, or if none, then by lateral lines of
boundary of two or more highways that join one another at an angle
whether or not one highway crosses the other.

15. Motor Vehicle shall include an automobile, truck, motorcycle, motor
assisted bicycle unless otherwise indicated in the Highway Traffic Act, c.
H.8, R.S.O. 1990, as amended and any other vehicle propelled or driven
other than by muscular power, but does not include a street car, or other
motor vehicles running on rails, a motorized snow vehicle, traction engine,
farm tractor, self-propelled implement of husbandry or road building
machine within the meaning of the Highway Traffic Act, c. H. 8, R.S.O.
1990, as amended.

16. Park or Parking when prohibited shall mean the standing of a vehicle
whether occupied or not, expect when standing temporarily for the purpose
of and while engaged in loading or unloading merchandise or passengers.

17. Parking Infraction Notice shall mean a notice authorized by the Provincial
Offences Act and placed on any vehicle parked in contravention of this By-
Law, providing for the payment of the penalty out of court.

18. Parking space for disabled person shall mean a parking stall designated
for use by disabled persons possessing a valid “Disabled Persons Parking
Permit”. A sign designating the stall for use by disabled persons, shall be
erected in front of the stall, midway between the lateral lines.

19. Police Officer shall mean a member of the Ontario Provincial Police or a
Municipal Police Service in Ontario

20. Roadway shall mean a part of the highway that is improved, designated or
ordinarily used for vehicular traffic, but does not include the shoulder, and
where the highway includes two or more separate roadways the term
“roadway” refers to any one roadway separately and not to all of the
roadways collectively.

21. Shoulder shall mean that part of the highway lying adjacent to the
roadway where there is no barrier curb, and which is improved with
granular or paved surface which extends for a maximum distance of 3
meters.

22. Stand or Standing where prohibited, shall mean the halting of a vehicle
whether occupied or not, except for the purpose of and while actually
engaged in receiving or discharging passengers.

23. Stop or Stopping when prohibited, shall mean the halting of a vehicle
even momentarily, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a Police Officer or of a traffic
control sign or signal.

24. Township shall mean the Corporation of the Township of Augusta.

25. Trailer shall mean a vehicle that is at any time drawn upon a highway by a
motor vehicle except an implement of husbandry, a mobile home, another
motor vehicle or any device or apparatus not designated to transport
persons or property, temporarily drawn, propelled or moved upon such
highway, and except a side car attached to a motorcycle, and shall be
considered a separate vehicle and not part of the motor vehicle by which it
is drawn.

26. Unreasonable length of Time shall mean a period in excess of four ( 4)
consecutive hours.

27. Vehicle shall include a motor vehicle, trailer, traction engine, farm tractor,
road building machine, bicycle and any vehicle drawn, propelled or driven
by any kind of power, including muscular power, but does not include a
motorized snow vehicle or street car.

PART II

Enforcement
The police service shall enforce the provisions of this By-Law and the Parking ByLaw
Enforcement Officer is authorized to enforce those provisions of the By-Law
relating to stopping, standing and parking.

Contravention
Any vehicle found in contravention of this By-Law, at the discretion of a Police
Officer, the By-Law Enforcement Officer or the Public Works Manager and Public
Works Foreman I Lead Hand named as Parking By-Law Enforcement Officers, may
issue a parking infraction notice or may cause it to be moved or taken to and placed
and 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 4 of the Repair and Storage Liens Act c. R 25, R.S.O.
1990, as amended.

PART Ill
DISABLED PARKING

1. Permits
A disabled person requiring a “Disabled Person Parking Permit” may obtain
such permit through the vehicle license issuing office of the Ontario
Ministry of Transportation or from other government agencies for Out Of
Province Permits.

2. Parking Regulations for Permit Holders
A driver of a vehicle, transporting a disabled person or persons, shall be
permitted to park the said vehicle in any designated “parking space for
disabled persons” providing that a valid “Disabled Parking Permit” is
prominently displayed in the following manner:

(a) affixed on the sun-visor on the driver’s side of the vehicle with
the visor turned down;
(b) on the dashboard on the driver’s side of the vehicle; or
(c) on the license plate

3. Unauthorized Parking
No person shall park a vehicle in a designated “Parking Space for
Disabled Person” when a properly worded sign has been erected and is on
display unless a valid “Disabled Parking Permit” is used and displayed
under the conditions described in Part Ill (3).

4. Designated Parking Spaces
(a) On municipal and private property are described in Schedule “B” to
this By-Law.

PART IV
PARKING AND DEPOSITING SNOW ON ROADWAYS

1. Parallel Parking
Where parallel parking is permitted, no person shall park a vehicle on a
highway unless on the right hand side of the highway having regard for the
direction in which the vehicle had been proceeding and unless the right
fender and the right wheels or runners are parallel to and distant II
respectively not more than 15 cm. (6 inches) from the edge of the roadway,
except on a one-way street where parking on the left hand side has been
approved by the erection of appropriate signs.

2. Parking Prohibited in Specific Places
No person shall park a vehicle in any of the following places:

(a) On a sidewalk
(b) In front of a public or private driveway
(c) Within an intersection
(d) Within 3 meters (10 feet) of a point on the curb or the edge of the road
opposite any fire hydrant
(e) On a crosswalk
(f) Within 6.1 meters (20 feet) of a crosswalk or intersection
(g) Within 12.2 meters ( 40 feet)
(h) On any bridge
(i) On any curb
(j) On any boulevard except where such boulevard has been designated
and intended for use of parking vehicles
(k) No parking of tractor trailer vehicles or trailers to be used for the
purpose of sale of goods on the Township highways
(l) Directly opposite another vehicle which is already standing on the other
side of the street, where the width of the vehicular traveled portion of
the street, or the width between curbs is less than 10 meters (32.81
feet) or where such parking would prevent the free passage of two lines
of traffic.

3. Obstructing Traffic
No person shall park as to block or obstruct traffic or to prevent the
convenient removal of any parked or standing vehicle.

4. Overnight Winter Parking Restrictions
No person shall park a vehicle between the hours of 2300 hours ( 11 :00
p.m.) to 0700 hours (7:00a.m.) during the period from November 15 to
March 31 inclusive upon any highway or boulevard under the jurisdiction of
the Township of Augusta.

5. Depositing Snow or Ice on Roadways
No person shall deposit snow or ice on a roadway without permission in writing to
do so from the Ministry or the road authority responsible for the maintenance to
the road. Highway Traffic Act, R.S.O. 1990, c. H.B, s. 181.

6. Two Hour Parking Limit
No person shall park a bus with seating capacity of more than twelve (12)
or a commercial vehicle with a gross vehicle wither over 9,600 kilograms
(20,000 pounds) on any public highway in a residential area in the
Township of Augusta for a period exceeding two (2) hours.

7. Parked for Unreasonable Length of Time
No owner or operator of a vehicle shall allow such vehicle to remain parked
or standing on any highway within the limits of the Township of Augusta for
an unreasonable length of time (Part 1 section 26)

8. Parked Contrary to Signs
No person shall park a vehicle in any of the following places when a
properly worded sign has been installed and is on display. The areas listed
in Schedule A to this By-Law are hereto annexed and are designated as
“No Parking At Any Time” zones.

PART V
PENALITES

1. Everyone who contravenes a section of this By-Law is guilty of an offence
and subject to a penalty as provided under the Provincial Offences Act.

2. Where a vehicle is found parked in contravention of the parking provisions
of this By-Law, the officer so finding the vehicle shall attach to the vehicle a
parking ticket in the form of a serially numbered notice stating:

(a) the licence plate number and the Province or State from which the plate
was issued;
(b) that the vehicle is unlawfully parked;
(c) the date, time and place of the alleged offence;
(d) that the owner or operator therefore may report within five days
exclusive of Sundays and holidays; after the day of when the ticket is
attached, to make voluntary payment of the penalty; and
(e) that in the event of failure to do so, a summons will be issued under
The Provincial Offences Act.

3. The parking ticket shall be prepared with a stub and the officer shall attach
the ticket to the vehicle or hand it to the driver of the vehicle and retain the
stub at the By-Law Enforcement Office of the Municipal Office of the
Township of Augusta.

4. The owner or operator of a vehicle parked in contravention of any of the
parking provisions of By-Law 3136 may report to the office of the Manager
of Finance/ Treasurer within ten 1 0) days, exclusive of Saturdays, Sundays
and holidays from the day the ticket was issued to make voluntary
payment. The said payment shall be accepted as payment in full of the
penalty for the alleged offence. A receipt shall be given to the person
making the payment.

PART VI
Repeal of By-Laws

By-Law 3108 is hereby rescinded and all amendments thereto are hereby repealed.

That this By-Law shall come into full force and effect at the time of passing.

READ a first time this 22nd day of December, 2014.

READ a second time this 22nd day of December, 2014.

READ a third and final time and passed this 22nd day of December, 2014.

Signed by Mayor Doug Malanka and Deputy Clerk Annette Simonian

 

SCHEDULE “A”
TO BY-LAW NUMBER 3136-2014

NO PARKING ZONES

AREAS OF RESTRICTIONS

1. 4th Concession, westerly from County Road 18 to 100 meters (328.08 feet)
west of Baker Drive (24 hours).

2. Sarah Street (Maitland), north side from 5 meters ( 16.40 feet) east of the
west boundary of the Maitland School Property (24 hours).

3. Municipal Garage (Algonquin Road) Parking only in designated areas (24
hours).

4. Church Street (Maitland) east and west sides from County Road #15 to
County Road #2 (24 hours).

5. Richmond Street (Maitland) west from 91 meters (298.56 feet) north of
County Road #2 (24 hours).

6. George Street (Maitland) west side southerly from Sarah Street to County
Road #2 (24 hours).

7. Stewart Drive (Maynard) west and east side of the street immediately in
front of the school area from 8:30 to 9:30am and 3:00 to 4:30pm on
weekdays during the months of September to June.

SCHEDULE “B”
TO BY-LAW NUMBER 3136

DISABLED PARKING AREAS

Municipal Office (Maynard)
Township Library (Algonquin)
Maitland Recreation Hall (Maitland)
Roebuck Hall (Roebuck)
Municipal Garage (Algonquin)
Fire Hall (Maitland)
Fire Hall (North Augusta)

SCHEDULE “B”
TO BY-LAW NUMBER 3136
SET FINE SCHEDULE FOR BY-LAW 3136

Click on the photo to enlarge.

Chart with the set fine schedule for By-Law 3136-2014.