Parking Regulations

In this by-law:

Accessible Parking Permit is a permit issued pursuant to the Highway Traffic Act and regulations made under it;

Bicycle includes a tricycle and a unicycle but does not include a motor-assisted bicycle.

Boulevard means all parts of the Highway save and except any Roadway, Shoulder or Sidewalk.

Commercial Vehicle Unless otherwise defined by regulation, means a Motor Vehicle having attached to it a truck or delivery body and includes an ambulance, a hearse, a casket wagon, a fire apparatus, a bus and a tractor used for hauling purposes on a Highway.  

Corporation means the Corporation of the Township of South Stormont.

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.

Curb means the edge of the travelled portion of the Highway.

Director of Public Works means any person designated to be in charge of the Public Works Department.

Driveway means a part of a Highway improved to provide vehicular access from the Roadway to a Laneway or a parking area on adjacent land.

Fire Access Route means any Roadway, Driveway, lane, ramp or other means of vehicular access to or from a designated building which is designated as a Fire Access Route by the Township’s Fire Department and shall include any part of a parking lot set aside by visible markings or markers for the purpose of vehicular movement;

Fire Chief means the Fire Chief of the Township of South Stormont.

Heavy Trucks means a Commercial Vehicle including a bus but not including a school bus as defines under the Highway Traffic Act, R.S.O., 1990, c H.8, as amended, having a gross Vehicle weight, as shown on the permit for the Vehicle issued under the Highway Traffic Act, of 3000 kilograms (3 tonnes) or greater.

Highway includes a common or public Highway, street, avenue, Boulevard, parkway, Driveway, square, place, bridge, viaduct or trestle, designated and intended for, or used by the general public for the passage of Vehicles, and includes the area between the lateral property lines thereof;

Highway, One-Way means a Highway upon which the movement of vehicular traffic is limited to one direction.

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 Highway crosses the other.

Laneway means improved land adjacent to the Highway that provides access from the Highway to a parking area on adjacent land.

Motorcycle means a self-propelled Vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter but does not include a motor-assisted bicycle.

Motor Vehicle includes an automobile, Motorcycle, motor-assisted bicycle unless otherwise indicated in the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended, and any other Vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other Motor Vehicles running only upon rails, or 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, R.S.O. 1990, Chapter H.8, as amended.

Municipal Law Enforcement Officer means a peace officer for the purpose of enforcing municipal by-laws, as set out in the Police Services Act, and shall include a By-law Enforcement Officer.

Park or Parking when prohibited means the Standing of a Vehicle, whether occupied or not except when Standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

Parking Infraction Notice means 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.

Parking Space means that part of the surface of the Roadway, the use of which is designated for the purpose of Vehicle Parking.

Pedestrian means

• a person on foot; or
• an invalid, child or other person in a wheeled   chair,         baby carriage, or play Vehicle.

Pedestrian Crossover means any portion of a Roadway, designated by this by-law, at an Intersection or elsewhere, distinctly indicated for Pedestrian crossing by signs on the Highway and lines or other markings on the surface of the Roadway as prescribed by regulations under the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended.

Person with a Disability shall have the same meaning as in RRO Regulation 581 to the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended.

Police Officer means a chief of police or any other police officer, but does not include a special constable, a First Nation constable, a Municipal Law Enforcement Officer or an auxiliary member of a Police Force. 

Public Parking Area means an open area or structure, other than a street, used for the temporary Parking of more than 4 Motor Vehicles and available for public use whether free, for compensation, or as an accommodation for clients, customers or visitors.

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.

Shoulder means that part of the Highway immediately adjacent to the travelled portion of the Roadway and having a surface which has been improved for the use of Vehicles with asphalt, concrete or gravel.

Sidewalk means that portion of a Highway between the Curb lines or the lateral lines of a Roadway and the adjacent property lines intended for the use of Pedestrians

Sign, Authorized means any sign or Roadway, Curb or Sidewalk marking or other device placed or erected on a Highway under the authority of this by-law for the purpose of regulating, warning or guiding traffic.

Sign, Official means a sign approved by the Ministry of Transportation of Ontario.

Stand or Standing when prohibited, means the halting of a Vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers.

Stop or Stopping when prohibited, means the halting of a Vehicle, even momentarily, 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.

Trailer means 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 designed 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.

Vehicle includes a Motor Vehicle, Trailer, traction engine, farm tractor, road-building machine and any Vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow Vehicle, or the cars of electric or steam railways running only upon rails.

Vending Vehicle includes all Vehicles of any kind in or from which goods, produce, food or beverage are offered for sale or sold.

Where a distance is used in this by-law as part of a prohibition of Parking or Stopping within a specified distance of an object, structure, land or a part of a Highway, such distance shall be measured:

• along the Curb or edge of the Roadway from a point in such Curb or edge of Roadway opposite such object, structure, land or part of a Highway, unless the context otherwise requires, and
• from such object, structure, land, or part of a Highway in all directions.

In this by-law:

words importing the singular number or the masculine gender only, include more persons, parties or things of the same kind than one and female as well as males and the converse;

a word interpreted in the singular number has a corresponding meaning when used in the plural;

“may” shall be construed as permissive; 

“shall” shall be construed as imperative; and

where a measurement of length is provided in imperial measure and in brackets, in this by-law, e.g. (ft.), such measurement is given as a guide to interpretation only and in all cases the metric standard shall take precedence.

Special Circumstances

If a Police Officer, Fire Chief,  Director of Public Works  or the Municipal Law Enforcement Officer is of the opinion that for some temporary period to ensure the safety of the public, the proper movement of traffic, the Parking of Vehicles, or the proper and safe performance of some vital function of the Corporation, or an area municipality, special regulations are required for the movement, Parking or Stopping of Vehicles on a Highway under the jurisdiction of the Corporation, such person is authorized to make special regulations to prohibit or regulate the movement, Parking or Stopping of Vehicles on such Highway during such times and days as such person deems proper and necessary and such person shall erect official signs or otherwise give reasonable notice to indicate such special regulations.

When Official or Authorized Signs have been erected or notice has otherwise been given under Subsection 4.1, every person shall obey the instructions or directions on any sign so erected and the sign is deemed to have been erected pursuant to the section that normally regulates or prohibits the matter, and those provisions apply to any act or failure to act contrary to the special regulations made pursuant to Subsection 4.1. 

Methods of Parking

Right side to Highway – No person shall park or stop any vehicle or permit a vehicle to remain parked or stopped on any highway except as follows:

• where there is a raised curb, on the right side of the roadway, having regard to the direction in which the vehicle was travelling, with its right front and rear wheels parallel to and not more than fifteen (15) centimetres away from such curb; or
• where there is no curb or a rolled curb, on the right side of the highway having regard to the direction in which the vehicle was travelling, with the right front and rear wheels parallel to and as near to the right hand limit of the highway as is practicable without stopping over any part of a highway which is landscaped or which is not intended for the use of vehicles.

Distance to Curb - No person shall Park a Motor Vehicle on any Highway unless the Motor Vehicle is parallel to and not more than 15 cm (6 inches) from the Curb or edge of the Highway but this section shall not apply where angle Parking is permitted.

Exemption – Angle Parking – Section 5.1 does not apply where angle Parking is permitted.

Parking Prohibited - With Signs

When official signs have been erected indicating Parking is prohibited, no person shall Park a Motor Vehicle on any Highway at those places designated in Schedule “I ” Parking Prohibited –Signs to this by-law for a period in excess of the period therein specified.

Notwithstanding the provisions for the inclusion of designated locations in Schedule “I” or Section 8, where Parking is to be prohibited by signage, the Chief of Police, Fire Chief, Director of Public Works or the Municipal Law Enforcement Officer may have erected “ Emergency No Parking” signs in the event of fires, emergencies, parades, community festivals or large assemblies provided that wherever possible, such sign shall be erected at a minimum of six (6) hours before the event is scheduled to take place and shall be removed within six (6) hours after the completion of the event.

Parking Prohibited - Without Signs

No person shall Park a Vehicle or permit a Vehicle to remain Parked on any Highway:

• within 3 metres (9.9 feet) of an Intersection; 
• within 3 metres (9.9 feet) of a point in the edge of the Roadway nearest to a fire hydrant;
• so as to obstruct a Vehicle in the use of any Laneway or Driveway;
• in such a position that will prevent the convenient removal of any other Vehicle previously Parked or Standing;
• for the purpose of displaying the Vehicle for sale;
• for the purpose of greasing, or repairing the Vehicle except for such repairs as have been necessitated by an emergency;
• so as to interfere with the clearing of snow or ice from the Highway;
• so as to obstruct any portion of a Sidewalk or footpath;
• so as to obstruct any portion of a Crosswalk;
• upon any bridge; or
• between the hours of 12:00 a.m. of one day and 7:00 a.m. of the same day between November 1 of one year and April 1 of the following year.

No person shall Park any Heavy Truck, Trailer, bus or permit any of them to be Parked on any Highway within the municipality between the hours of 11:00 p.m. and 7:00 a.m. the next day.

No person who is selling or offering for sale of goods, food, beverages or produce from a Vending Vehicle on a Highway shall Park the Vehicle or permit the Vehicle to remain Parked in such a manner as to obstruct traffic.  

Stopping Prohibited in Specified Places - With Signs

School Crosswalk Zones are established where the parts of the Highway,

• are within 15 metres (49.2 feet) of the approach side of a School Crosswalk designated by markings and authorized School Crosswalk signs; and
• are within 15 metres (49.2 feet) of the leaving side of a School Crosswalk designated by markings and authorized School Crosswalk signs, are hereby established as a School Crosswalk Zone. 

No person shall Stop a Vehicle or permit a Vehicle to remain Stopped on any Highway between the hours of 7:00 a.m. and 5:00 p.m. from Monday through Friday while school is in session, in a School Crosswalk Zone.

Notwithstanding Schedules “I” and “II” to the contrary, when official signs have been erected, no person shall Stop a Vehicle or permit a Vehicle to remain Stopped on any Highway, at the side and between the limits set out. 

The provisions of Section 8.1 of this by-law relating to Stopping do not apply to prevent the Stopping of a Motor Vehicle for the purpose of and while actually engaged in receiving or discharging a Person with a disability provided that such Motor Vehicle has a valid Accessible Parking Permit properly displayed in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended.

Stopping Prohibited in Specified Places - Without Signs

Offences - No person shall Stop a Vehicle or permit a Vehicle to remain Stopped on any Highway:

• adjacent to or across from any excavation or obstruction in the Roadway when the free flow of traffic would thereby be impeded; 
• within 30 metres (98.4 feet) of the approach side of the nearest rail of any level crossing of a railway; 
• within 15 metres (49.2 feet) of the leaving side of the nearest rail of any level crossing of a railway

Fire Access Routes - Schedule "II"

Portions of municipally owned Highways and the private Roadway or portion of parking lots of the designated Public Parking Area named and described in Schedule “II” are hereby designated as Fire Access Routes.

Where Authorized Signs to that effect are on display, no person shall Park a Vehicle on or along any part of a Fire Access Route at any time.

Where a Fire Access Route has been established on public or private property,   Authorized Signs shall be erected a distance of not more than 9.1 metres (30 feet) between signs.

Maximum Parking Limit

General Limits - Subject to the other provisions of this by-law, no person shall Park a Vehicle or permit a Vehicle to remain Parked on a Highway for a period of time no longer than 72 hours.

No person shall Park, Stop or leave Standing, a Motor Vehicle in a designated accessible parking space unless an Accessible Parking Permit is displayed on the sun visor or on the dashboard of a Vehicle so that the international symbol of access for the disabled, the permit number and the expiry date of the permit are clearly visible from the outside of the Vehicle, and such permit is being used by the person to whom it was issued by the Ministry of Transportation, in compliance with the provisions of the Highway Traffic Act R. S.O. 1990, c. H.8, its regulations and this by-law.

Every person having possession of a Accessible Parking Permit shall, upon the demand of a Police Officer, police cadet, Municipal Law Enforcement Officer or an officer appointed for carrying out the provisions of the Highway Traffic Act R. S.O. 1990, c. H.8 and its regulations and this By-law, surrender the permit for reasonable inspection to ensure that the provisions of the Highway Traffic Act, its regulations and this by-law are being complied with.

The owner and operator of a parking lot or a parking facility shall not charge a fee for the use of a designated accessible parking space in excess of that fee charged to other members of the general public.

Every owner and operator of a Public Parking Area shall provide reserved parking spaces for the exclusive use of Persons with a Disability, or persons conveying persons with a disability, to park their Motor Vehicles, in at least the amount prescribed by Sections 3.18(a) and 3.23(c) of South Stormont By-law No. 2011-100. 

Public Parking area owners and operators shall maintain unobstructed access to each parking space identified by Authorized Signs as prescribed by Section 12.4 of this by-law and each space shall be kept free of snow or otherwise maintained to the same standards as all other parking spaces in the same parking facility. 

Offences and Penalties  

A Police Officer, or Municipal Law Enforcement Officer, upon discovery of any Motor Vehicle Parked, Stopped or left Standing in contravention of this by-law, may attach a Parking Infraction Notice to the Vehicle.

Any person who contravenes the provisions of this by-law may make voluntary payment of the set fine amount as shown on the Parking Infraction Notice, provided that such payment is made within FIFTEEN (15) days from the date of issuance of the Parking Infraction Notice. Once a person has paid the set fine, no further proceedings shall be taken against that person in respect of the offence alleged in the Parking Infraction Notice.

If voluntary payment is not made pursuant to subsection (2), provisions under the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended, shall apply and the penalty shall be recoverable under that Act.

Every person who contravenes the provisions of this by-law is, upon conviction, guilty of an offence and is liable to a fine of not more than FIVE THOUSAND DOLLARS ($5,000.00) for each offence, exclusive of costs, pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended.

Notwithstanding subsection 13.1 (1) every person who commits a Accessible Parking Permit offence under the Highway Traffic Act upon conviction, is guilty of an offence and is liable to a fine of not less than THREE HUNDRED DOLLARS ($300.00) and not more than FIVE THOUSAND DOLLARS ($5,000.00) for each offence, exclusive of costs.

In addition to any other penalty provided for in this by-law, a Police Officer or Municipal Law Enforcement Officer upon complaint of an owner or occupant of private property, may cause a Vehicle that is parked in contravention of this by-law to be removed and taken to and stored in a suitable place.

Notwithstanding any other provisions or penalties contained in this by-law, a Police Officer or Municipal Law Enforcement Officer, upon discovery of any Motor Vehicle Parked or left Standing in contravention of this by-law, may cause it to be moved 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 the Repair and Storage Liens Act, R.S.O. 1990, c. R. 25.

Any Vehicle Parked or left Standing on any Highway for a period exceeding 72 hours shall be considered to be abandoned, and upon discovery of such abandonment, a Police Officer or Municipal Law Enforcement Officer may cause it to be moved to, and/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 the Repair and Storage Liens Act, R.S.O. 1990, c. R. 25 

A Police Officer or Municipal Law Enforcement Officer who discovers a Vehicle apparently abandoned on or near a Highway or a Motor Vehicle or Trailer without proper number plates may take the Vehicle into the custody of the law and may cause it to be taken to and stored in a suitable place and all costs and charges for the removal, care or storage of a Vehicle taken or stored under paragraph 13.8 are a lien upon the Vehicle that may be enforced in the manner provided by the Repair and Storage Liens Act.

The owner of a Motor Vehicle Parking in violation of this by-law is liable to any penalty provided for herein unless the Motor Vehicle, at the time the offence was committed, was in the possession of a person other than the owner without the owner’s consent, expressed or implied.

Obstruction

No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or duty under this by-law.

Time

Where any hour or other period of time is stated, the time referred to shall be Eastern Standard Time except in periods when Daylight Saving Time has been declared in effect, in which period it should be Daylight Saving Time.

Measurements

All measurements in this by-law are to be calculated using the metric system; any references to imperial measurements are for reference only.

Application of By-law

This by-law applies to all Highways under the jurisdiction of the   Corporation.

Emergency Vehicles - Exemption

This by-law shall not apply to Ambulances, Police and Fire Department Motor Vehicles, Public Works Motor Vehicles and Motor Vehicles actually engaged in works undertaken for the Township or the SD&G Counties if compliance herewith would seriously interfere with the function which the persons using the Vehicle are performing.

Municipal Law Enforcement Officer-Exemption

This by-law shall not apply to the Municipal Law Enforcement Officer(s) while in the lawful performance of their duties.

Order Prohibiting

In addition to the imposing of a fine or other remedy, a court of competent jurisdiction may upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

Severability

It is hereby declared that each and every of the foregoing provisions of this by-law is severable and that, if any provisions of this by-law should for any reason be declared invalid by any Court, it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect.

By-law Subject to the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as Amended

The provisions of this by-law are subject to the provisions of the Highway Traffic Act, R.S.O. 1990, Chapters H 8, as amended.

Schedules Adopted

The Schedules referred to in 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.

Former By-laws Repealed

By-Law No. 2012-013 and any amendments thereto are hereby repealed.

By-law in Force

This by-law shall come into force on the date when a set fine Order is obtained from the Chief Judge of the Ontario Court Division for offences created by this by-law for the purpose of proceedings commenced under Part II of the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended.

Note: The penalty provisions for the offences indicated above is Section 13 of By-Law No. 2015-021, as amended by By-law No. 2018-005, Certified Copies of which have been filed.