THE CORPORATION OF THE
BY-LAW NO. 4-99
Being a By-law to regulate and prohibit
parking on highways in the
WHEREAS The Municipal Act R.S.O. 1990 c. M-45, as
amended, authorizes the Council to pass by-laws regulating or prohibiting
parking on highways and on municipal property;
AND WHEREAS it is deemed expedient to regulate or prohibit
certain parking within the limits of the
NOW THEREFORE the Council of the Corporation of the
1. For the purpose of this By-law:
1.1
“Motor Vehicle” means an automobile, motorcycle, motor assisted bicycle,
motorized snow vehicle and any other vehicle
propelled or driven otherwise
than by muscular power;
1.2
“Highway” includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or
trestle designed and intended for, or used by the general public for the
passage of vehicles;
1.3
“Road” means any part of a road allowance or traveled road allowance
within
the
1.4
“Treasurer” means the Treasurer of the
1.5
“Park” or “Parking” means the standing of a vehicle, whether occupied or
not, except when standing for the purpose of and
while actually engaged in loading or unloading.
2. No person shall park or stand a vehicle
on a road within the municipality in such a
manner as
to interfere with the movement of traffic or the clearing of snow.
3. No person shall park or stand a vehicle
on a road or highway where authorized
signs are
on display indicating that parking is prohibited.
4. Where a vehicle is found parked or
stopped in contravention of the provisions of
this
By-law, the By-law Enforcement Officer of the
finding the
vehicle shall attach to the vehicle a parking infraction notice in the
form of a
serially numbered notice stating:
4.1
the license number and a concise description of the vehicle;
4.2
that the vehicle is unlawfully parked;
4.3
the date, time and place of the alleged offence;
4.4
the amount of the penalty for the alleged offence;
4.5
that the owner or operator thereof may make voluntary payment of the
penalty at the usual place of business of the Office of the Treasurer;
4.6
that in the event of failure to make such payment a summons will be
issued
under the Provincial Offences Act of
5. Penalties
5.1
Any person who contravenes any provision of this By-law is guilty of an
offence and is subject to a fine
recoverable under the Provincial Offences Act.
5.2
Voluntary payment of a parking infraction notice according to the
amounts
set out on Schedule 1 in strict compliance with
the conditions set out on the parking infraction notice shall be in lieu of any
penalty otherwise provided by law.
5.3
The owner of a motor vehicle is liable to the penalty provided for in
this
section to the same extent as the driver of
such motor vehicle unless at the time of the offence, the vehicle was in the
possession of some person other than the owner, without the owner’s consent.
5.4
Where any vehicle is found to be parked in contravention of this by-law
and
such vehicle is interfering with the movement of
traffic or with snow clearing or removal operations, then such vehicle may be
towed away, at the direction of the by-law officer, at the sole risk and
expense of the owner. All costs and
charges for the removal, care and storage thereof shall be a lien on such
vehicle which may be enforced in the manner provided by the Repair and Storage
Liens Act, R.S.O. 1990 c.R-25, as amended.
6.1
By-law 6-82 and By-law 5-86 and any amendments thereto are hereby
repealed.
6.2 This By-law shall come into force and
take effect upon approval of the set fines
set out in
Schedule 1 by the Regional Senior Judge of the Ontario Court of Justice
(Provincial
Division) pursuant to the Provincial Offences Act.
READ a
first and second time this 11th day of January 1999.
______________________________
REEVE
______________________________
CLERK-TREASURER