Being a by-law to repeal By-law No. 03-27, a by-law for the regulation of parking within the Corporation of the Town of Collingwood
WHEREAS, in accordance with provisions of the Ontario Municipal Act, Section 11(1) and Section 101, which provides for municipalities to enact by-laws for the regulation of parking;
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NOW THEREFORE the Council of the Corporation of the Town of Collingwood enacts as follows:
PART I – DEFINITIONS
For the purpose of this by-law:
a) “Authorized Sign” means any sign or marking or other device placed or erected on a road for the purpose of regulating parking;
b) “By-law Enforcement Officer” means a person appointed by the Council of the Town of Collingwood for the purpose of enforcing the by-laws of the municipality
c) “Commercial Motor Vehicle” means any motor vehicle having permanently attached thereto a truck or delivery body and includes an ambulance, hearse, casket wagon, fire apparatus, police patrol, motor bus and tractor used for hauling purposes on the highways;
d) “Corner” means the point of intersection or curbs or edges of the portion of the highway used for vehicular traffic;
e) “Crosswalk” means that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs from the edges of the roadway, or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface;
f) “Designated Parking Space” means a parking space designated under this by-law for the exclusive use of a vehicle displaying a permit in accordance with the requirements of the Highway Traffic Act and the regulations made thereunder and this by-law;
g) “Gross Weight” means the combined weight of vehicle and load.
h) “Highway” see Street or Highway
i) “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one crosses the other;
j) “Motor Vehicle” includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act, R.S.O. 1990 and amendments thereto.
k) “One Way Street” means a street upon which vehicular traffic is limited to movement in one direction
l) “Park or Parking” when prohibited, means the standing of a vehicle, except when standing temporarily for the purpose of and while actually engaged in loading or unloading goods or passengers;
m) “Parking Meter” means an automatic or mechanical device for the purpose of measuring and recording or dispensing tickets that record the amount of time allowed for the duration of parking in a parking space.
n) “Parking Space” means a portion of the surface of the roadway or municipal parking area which is designated for the parking of vehicles and is controlled and regulated by a parking meter;
o) “Pedestrian” means a person afoot, invalids and children in wheeled carriages and persons in wheelchairs;
p) “Police Officer” means a member of the Ontario Provincial Police or a person authorized by the Commander of the Ontario Provincial Police Detachment to regulate or direct traffic;
q) “Roadway” means that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not to all of the roadways collectively;
r) “Sidewalk” means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of the pedestrians;
s) “Stand or Standing” means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging goods or passengers;
t) “Stop or Stopping” means the halting of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Constable or other Police Officer or of a traffic control sign or signal;
u) “Street or 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.
v) “Traffic” includes pedestrians, ridden animals, vehicles, street cars and other conveyance either singly or together while using any street for the purpose of travel;
w) “Traffic Control Device” means any sign or roadway, curb, or sidewalk marking or other device erected or placed under the authority of the Municipal Council for the purpose of guiding or directing traffic;
x) “Traffic Signal” means any device manually, electrically or mechanically operated for the regulation of traffic;
y) “Through Highway” means any highway or part of a highway designated as such by the Minister or by by-law of the municipality, approved by the Department and every such highway shall be marked by a stop sign or a yield right-of-way sign in compliance with the regulations of the Department.
z) “Vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machinery, and any vehicle drawn, propelled or driven by any kind of power, including muscular power.
Part II – Method of Parking
1) Parallel – No person shall park a vehicle on any street unless on the right-hand side of the street, having regard for the direction in which the vehicle had been proceeding and unless the right-front and right-rear wheels or runners of the vehicle are parallel to and distant respectively not more than six inches from the edge of the roadway, unless prevented from doing so by an accumulation of snow in winter.
One-way Streets – Where parking is permitted on a one-way street, a person may park a vehicle facing only in the direction in which it was proceeding and with the left-front and left-rear wheels parallel to and distant not more than six inches from the edge of the roadway, provided that this provision shall not apply where parking on the right-hand side of a one-way street is specifically authorized by by-law.
Part III - Parking Prohibited
(A) In Specified Places
(1) No person shall
a) Park at a violated meter
b) Park at an expired meter
c) Park with a validation ticket not visible
d) Park with a validation ticket improperly displayed
e) Park with an expired validation ticket
f) Park in a non-designated or non-metered space
g) Park improperly in a single parking space
h) Park in a space prohibited by sign
i) Park in a designated disabled space without a permit
j) Park in a designated disabled space without a permit displayed
k) Park so as to obstruct traffic
l) Park facing the wrong way on street
m) Park on a street in double fashion
n) Park on a street from 1:00 am to 7:00 am
o) Park so as to obstruct snow removal
p) Park with a display indicating “vehicle for sale”
q) Park at a bus stop
r) Park at a taxi stop
s) Park in Police parking only
t) Park in a municipal official space
u) Park in a designated fire route
v) Park on a sidewalk
w) Park in front of public or private driveway
x) Park within an intersection
y) Park on a bridge
z) Park so as to interfere with removal of a previously parked or standing vehicle
aa) Park in front of a hotel entrance
bb) Park in front of an office building
cc) Park in front of an entrance where goods or merchandise are delivered or removed
dd) Park in front of a hospital entrance
ee) Park in front of an entrance to buildings of assembly
ff) Park on a roadway, boulevard or municipal parking area for an unreasonable length of time
gg) Park on the roadway side of any stopped or parked vehicle
hh) Park in a non-emergent vehicle servicing, repairing or washing area
ii)Park within 10 meters of an intersection
(2) No person shall stand or park a vehicle directly opposite another vehicle on any street where the width of the traveled portion of the street or the width between curbs is less than 8.3 meters, or where such standing or parking would prevent the free passage of two lines of traffic. Where vehicles are parked on both sides of the street, and prevent the free passage of two lines of traffic, the vehicles parked on both sides will be deemed to have violated the provisions of this section.
(3) No person shall permit a vehicle other than a commercial vehicle to stand unattended unless it is locked in such a manner as to prevent its operation by any person not authorized by the owner or driver or person in charge of such vehicle.
(4) No person shall permit a vehicle to be parked or left standing on any street or in any area designated as a municipal parking area within the Town of Collingwood between the hours of 1 o’clock and 7 o’clock in the morning, from December 1st each year until March 31st in the following year, and any vehicle parked or left standing during the aforementioned period in violation of this section, may be removed and any expense incurred for such removal may be charged to and collected from the owner of such offending vehicle.
B) In Specified Places Where Authorized Signs are on Display
Provided that signs have been erected and are on display to indicate such parking prohibitions, no person shall park a vehicle in any of the following places:
(1) Within 15.25 meters of any intersection on any through highway;
(2) Within 7.75 meters of the lot on which a fire hall is located on that side of the street on which such fire hall is located or within 30.5 meters of such lot on the opposite side of the street;
(3) Between 8:30 a.m. and 4:30 p.m. upon that side of the street adjacent to any school property;
(C) Bus and Taxicabs Stands
(1) The driver of a bus or taxicab shall not stand or park upon any street in any business district at any place other than at a bus stop, or taxicab stand respectively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping at any place for the purpose of and while actually engaged in loading and unloading passengers;
(2) No person shall stop, stand or park a vehicle in an area designated and posted as a bus stop or taxicab stand, other than a bus in a bus stop, or a taxicab in a taxicab stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading goods or passengers when such stopping does not interfere with any bus or taxicab waiting to enter such zone.
(D) Bus Stop
(1) The north side of Second Street from the west side of Hurontario to a point 15.25 meters in a westerly direction shall be designated as a Bus Stop.
(2) The north side of Simcoe Street from the east side of Hurontario Street to a point 15.25 meters in an easterly direction shall be designated as a Bus Stop.
(3) The east side of Hurontario Street from the north side of Simcoe Street to a point 15.25 meters in a northerly direction shall be designated as a Bus Stop.
(E) No Parking Areas
The highways as set out in Schedule “A” attached hereto, shall be deemed no parking areas and no parking shall be permitted in the areas described therein.
PART IV – CONTINUED VIOLATIONS
If any vehicle is parked or left standing anywhere in the Town of Collingwood in violation of any of the provision of this by-law and a serially numbered notice of violation is attached to such vehicle, nothing in the provisions of this by-law shall be construed to prevent the attachment of another serially numbered notice to such vehicle if the violation of any of the provisions of this by-law continues.
PART V – REMOVAL OF MOTOR VEHICLES
(A) Any vehicle which is parked or left standing anywhere in the Town of Collingwood in violation of any of the provisions of this by-law for a period exceeding six hours may be removed and any expense incurred for such removal may be charged to and collected from the owner of such offending vehicle. In the event that the owner of such offending vehicle does not pay the charges incurred in the said removal, the vehicle may be sold by public auction to pay the said charges.
(B) In the event that a vehicle is parked or left standing anywhere in the Town of Collingwood, in violation of any of the provisions of this by-law, such that in the sole and uncontrolled discretion of any Police Officer, an emergency situation is created the vehicle may forthwith be removed and any expenses incurred for such removal shall be charged to and collected from the owner of such offending vehicle. In the event that the owner of such offending vehicle does not pay the said charges, the vehicle may be sold at public auction to pay the said charges.
PART VI - ENFORCEMENT
1) Enforcement – The provisions of the by-law may be enforced by the Ontario Provincial Police or any By-law Enforcement Officer for the Town of Collingwood.
2) Traffic Signs and Signals – Every person shall promptly obey all signals given either by a Police Officer or by a traffic control device or a traffic signal
PART VII – REPORTS
(A) Members of the OPP and By-law Enforcement Officers assigned to the enforcement of this by-law shall:
1) Report the complete permit number and other identification tag marking, if any, of any vehicle parked in violation of any of the provisions of the by-law.
2) Attach to such vehicle a serially numbered notice to the owner or operator thereof that such vehicle has been parked in violation of any of the provisions of this by-law and advising the owner or operator of the requirements for payment thereof.
PART VIII – ANGLE PARKING
A) Angle Parking Permitted on Specified Streets
On streets where signs have been erected and are on display no person shall park a vehicle, except at an angle of 60 degrees with reference to the edge of the roadway and so that the front portion of the vehicle shall be nearest the edge of the roadway.
B) Angle parking only shall be permitted on both sides of Hurontario Street between Fourth Street and the northern terminus of Hurontario Street.
PART IX – AUTHORIZATION
A) The erection, maintenance and operation of parking meters on the highways and municipal parking areas at the sides and between the limits set out in columns 1, 2 or 3 of Schedule “B” and “C” to this By-law for the purpose of controlling and regulating parking and the designation of parking spaces in connection with such meters is hereby authorized.
B) Where parking spaces have been established under the authority of this By-law, no person shall park in those parking spaces unless currency at the rate set out in Column 4 thereof is deposited in the parking meter governing such parking space, and in any event, no vehicle shall be parked for a period greater than the time set out in Column 5.
C) Where parking meters have been installed under the authority of this By-law:
1) If parallel parking is permitted, no person shall park a vehicle other than a motorcycle in a parking space unless the front wheels of such vehicle are opposite to 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;
2) If angle parking is permitted, no persons shall park a vehicle in a parking space unless the front of such vehicle is as close as is practicable to the parking meter provided for such space;
3) If the parking space has been designated by lines painted on the roadway or parking lot , no person shall park any vehicle in such a manner that is not wholly within the area designated as a parking space unless that vehicle is of such a length as to render it impossible to park it in one parking space, in which case the adjoining parking space shall, in addition, be used and the necessary deposit of coins shall be made in the parking meters provided for both parking spaces.
PART X – COINS
A) No person shall deposit or cause to be deposited in any parking meter a slug, device or thing other than a coin of Canada or of the United States of America.
PART XI – TAMPERING
No person shall deface, conceal, injure, tamper with, open or willfully break, destroy, or impair the usefulness of any parking meter erected under the authority of this by-law.
PART XII - TIME
The times referred to in Schedule “B” and “C” attached to this By-law shall be either standard or daylight saving time in accordance with the time then in force in the Town of Collingwood.
PART XIII – EVIDENCE
The fact that a vehicle is parked in a parking space when the time signal on the parking meter adjacent to the same shows a violation, or has no validated ticket visible, shall be prima facie evidence of the unlawful parking of such vehicle by its operator and/or owner.
PART XIV – LICENCES
A) The owner of any taxicab business, whose place of business fronts on a street in a parking meter zone may, subject to the approval of the Corporation of the Town of Collingwood, be given a licence to occupy a taxicab stand large enough to park from one to three vehicles on the street in front of such place of business and all other parking shall be prohibited in such taxicab stand. The licence fee for each car shall be $720.00 for each calendar year or portion thereof.
C) Licences or permits to park in municipal parking areas other than those areas on highways may be purchased and the rate for such licence or permit shall be $60.00 per month or $720.00 per annum if the licence or permit is purchased for a one (1) year period.
D) Any portion or portions of the areas designated in this by-law as parking meter zones may at any time, by appropriate signs or markings, be designated temporarily as “No Parking Areas” by the Town of Collingwood and in the event such area or areas so designated shall, for the period of such designation, be areas in which no vehicles may be parked, notwithstanding the provisions hereof or the location of parking meters therein.
PART XV – PENALTIES
Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to the penalties as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time to time, or in any successor legislation.
PART XVI - GENERAL
A) The provisions of this by-law shall be subject to the provisions of The Highway Traffic Act and amendments thereto.
B) All Sections of this by-law shall be deemed to be separate and independent and the invalidity of any section or provision hereof shall not affect the remaining sections.
C) By-law No. 03-27 and all by-laws inconsistent with the provisions herein contained are hereby repealed.
ENACTED AND PASSED this 28th day of July, 2003.