by-law of loyalist township - 2004-45 - parking by-law

39
·' . " THE CORPORATION OF LOYALIST TOWNSHIP BY-LAW NO. 2004-45 A BY-LAW MADE PURSUANT TO THE AUTHORITY GRANTED TO THE COUNCIL OF THE CORPORATION OF LOYALIST TOWNSHIP UNDER THE MJINTCIPAJ, ACT, 2001, c.25 AND THE HIGHWAY TR AFFIC, ACT, R.S.O. 1990, c. H.8 AS AMENDED TO: 1. REGULATE THE USE OF HIGHWAYS AND BRIDGES UNDER THE JURISDICTION OF COUNCIL INCLUDING THE PARKING, STANDING AND STOPPING OF VEHICLES THEREON; 2. CREATE AND DESIGNATE PARKING SPACES AND , . PROHIBIT PARKING ON HIGHWAYS OR ON MUNICIPAL OR PRIVATE PROPERTY FOR THE EXCLUSNE USE OF VEHICLES WHICH ARE DISPLAYING A DISABLED PERSON PARKING PERMIT; 3. DESIGNATE PRIVATE ROADWAYS AS FIRE ROUTES ALONG WHICH NO PARKING OF VEHICLES SHALL BE PERMITTED; 4. PROHIBIT THE PARKING OR STANDING OF MOTOR VEHICLES ON PROPERTY OWNED OR OCCUPIED BY LOYALIST TOWNSHIP OR ANY LOCAL BOARD THEREOF, WITHOUT CONSENT; AND ',. 5. PROVIDE FOR THE ENFORCEMENT OF THE MATTERS SET OUT IN THIS BY -LAW IN THE MANNER PRESCRIBED BY THE PROYINCIAI ' OFFENCES ACT, R.S.O. 1990, c. P.33, AS ANIENDED. PART 1 - DEFJNITIONS 1. a) For the purpose ofthis by-law, , (i) (ii) (iii) (iv) "abandoned vehicle" means any vehicle apparently abandoned on a highway, or which is inoperable or which, if a motor vehicle, does not carry proper registration plates; "Amherstview District" means that portion of the municipality bounded by Coronation Boulevard on the east, Lake Ontario on the south, Taylor-Kidd Boulevard on the north and County Road No.6 orithe west "Amherst Island District" means the entire area of Amherst Island including Nut Island and the Three Brothers Islands. "Bath District" means that portion of the municipality bounded by the boundary between Lots 14 and 15, Concession 1 and Broken Front on the east, Lake Ontario on the south, the boundary between Lots 3 and 4, Concession 4 and Broken Front on the west and the boundary between Concessions 1 and 2 on the north.

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Page 1: By-law of Loyalist Township - 2004-45 - Parking By-law

·'

. "

THE CORPORATION OF LOYALIST TOWNSHIP

BY-LAW NO. 2004-45

A BY-LAW MADE PURSUANT TO THE AUTHORITY GRANTED TO THE COUNCIL OF THE CORPORATION OF LOYALIST TOWNSHIP UNDER THE MJINTCIPAJ, ACT, 2001, c.25 AND THE HIGHWAY TR AFFIC, ACT, R.S.O. 1990, c. H.8 AS AMENDED TO:

1. REGULATE THE USE OF HIGHWAYS AND BRIDGES UNDER THE JURISDICTION OF COUNCIL INCLUDING THE PARKING, STANDING AND STOPPING OF VEHICLES THEREON;

2. CREATE AND DESIGNATE PARKING SPACES AND , .

PROHIBIT PARKING ON HIGHWAYS OR ON MUNICIPAL OR PRIVATE PROPERTY FOR THE EXCLUSNE USE OF VEHICLES WHICH ARE DISPLAYING A DISABLED PERSON PARKING PERMIT;

3. DESIGNATE PRIVATE ROADWAYS AS FIRE ROUTES ALONG WHICH NO PARKING OF VEHICLES SHALL BE PERMITTED;

4. PROHIBIT THE PARKING OR STANDING OF MOTOR VEHICLES ON PROPERTY OWNED OR OCCUPIED BY LOYALIST TOWNSHIP OR ANY LOCAL BOARD THEREOF, WITHOUT CONSENT; AND ',.

5. PROVIDE FOR THE ENFORCEMENT OF THE MATTERS SET OUT IN THIS BY -LAW IN THE MANNER PRESCRIBED BY THE PROYINCIAI ' OFFENCES ACT, R.S.O. 1990, c. P.33, AS ANIENDED.

PART 1 - DEFJNITIONS

1. a) For the purpose ofthis by-law,

, (i)

(ii)

(iii)

(iv)

"abandoned vehicle" means any vehicle apparently abandoned on a highway, or which is inoperable or which, if a motor vehicle, does not carry proper registration plates;

"Amherstview District" means that portion of the municipality bounded by Coronation Boulevard on the east, Lake Ontario on the south, Taylor-Kidd Boulevard on the north and County Road No.6 orithe west

"Amherst Island District" means the entire area of Amherst Island including Nut Island and the Three Brothers Islands.

"Bath District" means that portion of the municipality bounded by the boundary between Lots 14 and 15, Concession 1 and Broken Front on the east, Lake Ontario on the south, the boundary between Lots 3 and 4, Concession 4 and Broken Front on the west and the boundary between Concessions 1 and 2 on the north.

Page 2: By-law of Loyalist Township - 2004-45 - Parking By-law

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xiii)

(xiv)

(xv)

(xvi)

(xvii)

2

"boulevard" means that part of the highway which lies between the shoulder or curb and the property line including any municipal sidewalk;

"bicycle" means a vehicle having only two tandem wheels, propelled solely by human power, upon which typically one or two persons may travel. A bicycle includes tricycles and uni-cycles but does not include motor-assisted bicycles;

"bicycle lane" means a portion of a roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists;

"bus stop zone" means any portion of a highway indicated by a sign on the highway as a place where buses used for public transportation may stop to pick-up or discharge passengers and shall include that portion of the highway running parallel to the curb or shoulder in a direction opposite to the flow of traffic a distance of 30 meters (100 feet) from the bus stop sign;

"disabled person parking permit" means a disabled person parking permit issued under The Highway Traffic Act or a permit, number plate or other marker or device issued by another jurisdiction and recognized under that Act;

"disabled person parking space" means a parking space designated fqr the. exclusive use of a vehicle displaying a disabled person parking permit in accordance with the requirements of The Highway Traffic Act and the regulations made thereunder and this by-law;

"entranceway" means a private road, driveway, lane or other means of access for vehicles to and from a highway;

"farm tractor" means a self-propelled vehicle designed and used primarily as a farm implement for drawing ploughs, mowing­machines and other implements of husbandry and not designed or used for carrying a load;

"Fire Chief" shall mean the Chief of the Fire Department of the municipality or his authorized subordinates or assistants;

"fire route" shall mean a private roadway or any part thereof designated as a fire route by the posting of fire route signs;

"fire route sign" shall mean· a sign of the size and type. illustrated in Schedule "A" to this by-law;

"heavy vehicle" means a vehicle having a weight, when unloaded, of two (2) tons or more or, when loaded, of three (3) tons or more, but does not include a vehicle designed primarily to carry passengers, an ambulance, or any vehicle of a police or fire department;

"highway" includes a common or public highway, street, road, avenue, parkway, driveway; square, place, bridge, viaduct or trestle, designed and intended for, or used by the general public for the passage of vehicles, and includes the surface, roadway, median strip, shoulder, gr~ssed area, boulevard, ditch, berm, gutter and any other portion of the road allowance owned by or under the jurisdiction of the municipality;

Page 3: By-law of Loyalist Township - 2004-45 - Parking By-law

(xviii)

(xix)

(xxi)

(xxii)

(xxiii)

(xxiv)

(xxv)

(xxvi)

(xxvii)

(xxviii)

(xxvix)

(xxx)

(xxxi)

3

"holiday" means Saturday, Sunday and any other day as identified in the current c.u.p .E., Local 2150, Collective Agreement with The Corporation of Loyalist Township;

"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 that join one another at an angle, whether or not one highway crosses the other; .

"loading zone" means any portion of a highway indicated by one or more signs as a place where only commercial vehicles may park for the sole purpose ofloading or unloading cargo;

"median strip" means the portion of a highway so constructed so as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier, unpaved strip of ground, or by markings on the surface ofthe pavement;

"motor vehicle" includes an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine;

"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; I

"municipal property" shall mean any property owned or occupied by the municipality or a local board thereof, other than a highway;

"mUnicipality" means The Corporation of Loyalist Township;

"no parking zone" means any portion of a highway indicated by one or more signs as a place where a vehicle shall not.be parked or allowed to stand at any time or, iftimes are stated on the signs, at such times;

"no stopping zone" means any portion of a highway indicated by one or more signs as a place where a vehicle shall not be stopped at any time or, iftimes are stated on the signs, at such times;

"Odessa District" means that portion of the municipality comprising of Lots 29 to 35, Concession 4 and the northerly one half of Lots 29 to 35, Concession 3;

"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" means any unlawful parking or stopping of a vehicle contrary to the provisions of this by-law;

"parking infraction notice" means a certificate of parking infraction and parking infraction notice in a form prescribed by regulations under the proyjncjal Offences Act, R.S.O.199Q, c.P.33;

Page 4: By-law of Loyalist Township - 2004-45 - Parking By-law

' ......

(xxxii)

(xxxiii)

(xxxiv)

(xxxv)

(xxxvi)

(xxxvii)

(xxxviii)

(xxxvix)

(xl)

(xli)

(xlii)

(xliii)

(xliv)

(xlv)

(xlvi)

(xlvii)

4

"parking ticket" mean~ a notice, in a fonn approved by the Council ofthe municipality, of a parking infraction;

"pedestrian" includes a person afoot and an invalid or child in a wheelchair or carriage;

"pedestrian crossover" means any portion of a roadway, at an intersection or elsewhere, indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway;

"pedestrian walkway" means a sidewalk or pathway between lots or buildings designated for pedestrian traffic;

"person" means and includes any person, finn or corporation;

"private property" shall mean any property that is not municipal property or a highway;

"private roadway" shall mean any private road, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part ofa parking lot;·

"property owner" shall mean any person, finn or corporation that owns or occupies a property and includes a tenant or licensee.

"Provincial Offences Officer" means such one or more persons appointed by the municipality for the purpose of enforcing the provisions ofthis by-law;

"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 tenn "roadway" refers to anyone roadway separately and not to all the roadway collectively; -

"school bus" means any bus which is used for the express purpose of transporting students to and from school and, a} is Chrome Yellow in colour; b) displays on the front and rear thereof the words "School Bus"

and on the rear thereof the words "Do Not Pass When Signals Flashing";

"school bus loading zone" means any portion of a highway indicated by signs on the highway as an area designated for school bus loading;

"set fine" means the fine for an offence under this by-law approved by the Chief Judge of the Ontario Court of Justice;

"shoulder" means that portion of the highway which is unpaved and immediately adjacent to the roadway and which is not improved, designed or ordinarily used for vehicular traffic;

"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

Page 5: By-law of Loyalist Township - 2004-45 - Parking By-law

(xlviii)

(xlix)

(1)

\ /

5

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;

"Treasurer" means the Treasurer of the municipality;

"vehicle" includes a motor vehicle, heavy vehicle, school bus, motor assisted bicycle, 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, the cars of electric or steam railways running only upon rails;

"wheelchair" means a chair mounted on wheels driven by muscular or any other kind of power and used for the carriage of a person who has a physical defect or disability.

(b) Any expression or term used in this by-law and not specifically defined shall have the same meaning that such expression or term has under The Highway Traffic Act, R.S.O.1990,c. H.8, as amended.

c) Where any expression of time occurs or where any hour or other period of time is stated, the time referred to shall be standard time except when daylight saving time is in effect, in which case, it shall be daylight saving time.

PART U - PARKING JNFR ACTIONS

2. No person shall park or stand a vehicle on a highway:

a) in front of or within 2 metres (6.5 feet) of an entranceway or so as to obstruct vehicles using the entranceway;

(b) within 3 metres (10 feet) of the point on the edge of a roadway nearest a fire hydrant;

(c) within 9 metres (30 feet) of an intersection not controlled by traffic signals;

(d) within 30 metres (100 feet) of an intersection controlled by traffic signals.

( e) within 15 metres (50 feet) of the nearest rail of a level railway crossing;

(f) 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;

(g) in a position or place that prevents or is likely to prevent the movement of any vehicle already parked on the highway; .

(h) in a loading zone;

(i) in a bus stop zone;

(j) in such a manner as to interfere with the clearing of snow, or the cutting of grass, or the removal ofwee<1:s on the whole or any part of a highway;

(k) for longer than twelve (12) consecutive hours or, in the case of a vehicle displaying a currently valid disabled person parking permit, for longer than twenty-four (24) consecutive hours;

Page 6: By-law of Loyalist Township - 2004-45 - Parking By-law

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6

(1) at any time between 1 :00 a.m. and 7:00 a.m. on any day between December 1 of one year and March 31 ofthe following year;

(m) in a school bus loading zone during the times stated on the sigils designating the zone or, ifno times are stated, between 7:00 a.m. and 6:00 p.m. on any day when the school is open for educational purposes;

(n) on a fire route; or

(0) in a no parking zone.

3. No person shall park, stand or stop a vehicle in a designated disabled person parking space on municipal property or private property as described in Appendix II of Schedule 'D'.

4. No person shall park, stand or stop a vehicle on a highway:

(a) so as to obstruct a sidewalk or an intersection; or

(b) so as to obstruct or within 3 metres (10 feet) of a pedestrian crossover or pedestrian walkway; or

(c) in such a manner as to interfere with the free, unobstructed and normal use of the highway by other traffic; or

(d) on the roadway alongside of any stopped or parked vehicle; or

(e) upon any bridge or within any tunnel or underpass; or

(f) on any median strip, or adjacent to either side or the end of any median strip; or

(g) on any boulevard; where it is practicable to park in another location; or

(h) in a no stopping zone; or

(i) in a bicycle path.

5. No person shall park, stand or stop any vehicle on any highway or portion thereof except as follows:

(a) where there is a raised 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 or runners of the vehieleparallel to and distarice not more·than 0.15 metres (6 inches) out from such curb; or

(b) where there is no curb or a rolled curb, on the right side of the roadway, having regard to the direction such vehicle was proceeding, with the right front and right rear wheels parallel to and as near to the right hand limit of the shoulder as is practicable, without stopping or parking upon a sidewalk or footpath, or any part of the highway where grass is grown or which is not intended for the use of vehicles.

6. No person shall park, stand or stop any vehicle on the left-hand side of the roadway except where a highway is designated for one-way traffic and parking is permitted on the left-hand side of the roadway and:

(a) where there is a raised curb on the left-hand side of the roadway having regard to the direction such vehicle was proceeding, the left front and left rear wheels of the vehicle are parallel to and not more than 0.15 metres (6 inches) out from such curb; or

Page 7: By-law of Loyalist Township - 2004-45 - Parking By-law

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7

(b) where there is no curb or (1 rolled curb on the left-hand side of the roadway, having regard to the direction such vehicle was proceeding, the left front and left rear wheels of the vehicle are parallel to and as near to the left-hand limit of the shoulder as is practicable without stopping or parking on a sidewalk or footpath or on any part of the highway where grass is grown or which is not intended for the use of vehicles.

7. Where angle parking is permitted on a highway, no person shall park, stand or stop any vehicle except at an angle of 40 to 50 degrees from the curb or boundary of the roadway with the front end ofthe vehicle at such curb or boundary.

8. Where angle parking spaces are designated by lines painted on the roadway, no person shall park, stand or stop any vehicle except within an area designated as an angle parking space.

9. No person shall park an abandoned vehicle on any highway at any time.

10. No person shall park a heavy vehicle or a school bus on a highway within the Districts of Amherst Island, Amherstview, Odessa and Bath between 8:00 p.m. of one day and 8:00 a.m. of the following day.

PART ill - MI INTCIPAI! PROPERTY PARKING JNFR ACTIONS

11. No person shall park or stand a heavy vehicle on municipal property without the consent of the municipality or local board that owns or occupies the property. .

12. No person shall park or stand a motor vehicle on mUnicipal property without the consent of the municipality or local board that owns or occupies the property.

13. Where a municipal property has posted signs stating conditions on which vehicles may be parked or left standing on the property, or prohibiting the parking or standing of vehicles on the property, a vehicle parked or left standing on the property contrary to such conditions or prohibition shall be deemed to have be.en parked or left standing without consent.

PART N - EMERGENCY YEHICI ES

14. The provisions of Parts II and III inclusive ofthis by-law d.o not apply to ambulance, police department vehicles, fire department vehicles or other emergency vehicles while in performance of lawful or emergency duties.

PART V - DISABlED PERSONS PARKING

15. A disabled person parking space shall be distinctly indicated in accordance with the requirements of The Highway Traffic Act and the regulations made thereunder.

16. A disabled person parking space on municipal property or private property shall have a width of not less than 4.4 metres.

17. Disabled person parking spaces shall be designated

(a) on highways as described in Appendix I of Schedule "D", and

(b) on municipal property or private property as described in Appendix II of Schedule "D".

18. The owners and operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, shall provide disabled person parking spaces in accordance with Appendix II of Schedule "D".

Page 8: By-law of Loyalist Township - 2004-45 - Parking By-law

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19. The driver or operator of a vehicle which displays a disabled person parking permit shall not be required to pay an amount in excess ofthe normal fee paid by other users ofthe same parking lots or other parking facilities to which the public has access.

J;>ART VI - FIRE Rm)TES

20. Fire route signs shall be posted along all fire routes and shall: (a) be permanently mounted on a rigid sign post or pole;

(b) be erected at a height of between 1.9 metres and 2.5 metres as measured from the edge ofthe travelled portion ofthe fire route to the bottom edge of the sign;

(c) be installed at a distance of between .3 metres and 3 metres from the travelled edge of the fire route; and .

(d) be installed along the fire route at intervals no greater than 30 metres or with such greater frequency as may be reasonably necessary to identify the fire route.

21. A fire route or fire routes shall be established on those lands described in Schedule "c" to ~~~ ,

22. The location of all fire routes on the properties described in Schedule "c" shall be._ determined by the Fire Chief who shall forthwith after making such determination, notify in writing the property owner of the location of each /fire route.

23. Upon receipt of notice given by the Fire Chief in accordance with paragraph 20, the property owner shall, at the property owner's expense, file with the Fire Chief a site plan, in triplicate, in the form prescribed in Schedule "B" to this by-law, showing the following:

( a) the property;

(b) the location of all fire routes on the property;

, (c) the proposed location of all fire route signs; and

(d) the location of all fire hydrants on or adjacent to the property.

24. The Fire Chief shall review all site plans to ensure that the proposed location of all fire route signs conform with this by-law and may make any amendments to the site plan as may be required.

25. Upon approval of the site plan by the Fire Chief, the property owner shall, at the owner's expense, erect and maintain fire route signs along each fire route on the property in accordance with the site plan as approved.

26. Where the owner of a property fails or refuses to submit a site plan or to erect or maintain a fir~ route sign in accordance with this' by~law, the Fire Chief or such other employee of the municipality as may be designated by himlher may enter on the property and erect fire route signs in accordance with this by-law at the expense of the property owner and anycosts incurred as a result thereof may be recovered in like manner as municipal taxes in accordance with the Municipal Act.

PART VII - NO PARKING/STOPPING ZONES

27. ''No stopping zones" shall be created on those highways and in the locations indicated in Appendix I of Schedule "E" to this by-law.

Page 9: By-law of Loyalist Township - 2004-45 - Parking By-law

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9

28. ''No parking zones" shall be created on those highways and in the locations indicated in Appendix II of Schedule "E" to this by-law.

PART vrn - ENFORCEMENT - GENER AI I

29. Any vehicle parked in contravention of the provisions of this by-law may, on the order of a police officer or Provincial Offences Officer, be moved or towed to or stored at a licensed wrecking yard, dump or other suitable location at the owner's risk, expense and cost.

30. All costs and charges for the removal, towing, care and storage of a motor vehicle shall form a lien on the motor vehicle and may be enforced in the manner prescribed by the . Repair and Storage Jjens Act, R.S.O. 1990, c. R.25, as amended.

31. Every person who contravenes any provision of this by-law other than through the commission of a parking infraction shall, in addition to any other penalty provided for in this by-law, be guilty of an offence and upon conviction is liable to a fine as provided for in the provincial Offences Act, R.S.O. 1990, c. P.33, as amended, Part II.

32. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the provincial Offences Act, R.S.O. 1990, C.P.33, Part II ..

33. The driver of a vehicle involved in the commission of a parking infraction, not being the owner, is liable to any penalty provided under this by-law, and the owner of the vehicle is also liable to such a penalty unless, at the time the offence was committed, the vehicle was in the possession of a person other than the owner without the owner's consent.

34. For parking infractions of a continuing nature, a parking infraction shall be deemed to have been committed on each subsequent hour that a vehicle continues in violation of any said provisions beyond the first hour.

35. Upon a conviction being entered for any offence under this by-law, the Court may, in addition to any other remedy or penalty imposed, make an Order prohibiting the continuation or repetition of the offence by the person convicted.

PART IX - ENFORCEMENT - PARKING INFR ACTION NOTICE

36. Any person who commits a parking infraction that he/she does not wish to dispute may, within fifteen (15) days of the time when a parking infraction notice was attached to the vehicle, deliver during regular office hours, exclusive of holidays, the notice and the amount ofthe set fine to the Treasurer or other designated official on duty at the municipal offices in Odessa who is authorized to accept such payment and furnish an official receipt therefor.

37. Any person who is served with a parking infraction notice and wishes to plead not guilty may, within fifteen (15) days of the time when the'parking infraction notice was attached to the vehicle, deliver to the Treasurer or other designated official on duty at the municipal offices in Odessa during regular office hours, exclusive of holidays, the notice with the not guilty plea on the notice signed together with the fonn on the notice indicating hislher desire to appear or be represented at trial. .

38. Upon failure to either make payment of the set fine in accordance with paragraph 34 ofthis by-law or deliver the notice in accordance with paragraph 35 ofthis by-law within the time prescribed, a person shall become liable to be convicted pursuant to Part II of the Provincial Offences Act or, at the option of the municipality to be liable for prosecution pursuant to Part ill of the provincial Offences Act, R.S.O. 1990, c. P.33, as amended.

Page 10: By-law of Loyalist Township - 2004-45 - Parking By-law

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PART X - ENFORCEMENT - PARKING TICKET

39. Any person who commits a parking infraction that he/she does not wish to dispute may, within fifteen (15) days of the time when a parking ticket was attached to the vehicle, deliver during regular office hours, exclusive of holidays, the parking ticket together with the fine prescribed by Schedule "F" of this by-law to the Treasurer or other designated· official on duty at the municipal offices in Odessa who is authorized to accept such payment and furnish an official receipt therefor. Upon failure to make such payment within the time· prescribed, such person shall become liable for prosecution pursuant to Part III of the Provincial Offences Act) R.S.O. ;1990, c. P.33, as amended.

PART XI - VAl ruTTY

40. It is declared that notwithstanding that any part or parts of this by-law, or sections thereof, may be found by any court of law to be invalid or illegal or beyond the power of the Township to enact, such part or parts or sections thereof shall be deemed to be severable and that all other parts or sections ofthis by-law are separate and independent therefrom and enacted as such.

PART XII - REPEAl, OF EXISTING BY-I,AWS

41. That By-laws 2002-102 and 2003-39 and any and all by-laws or portions thereof conflicting with this by-law are hereby repealed.

42. This by-law shall come into force and take effect after receiving approval from the Ministry ofthe Attorney General.

Enacted and Passed this 25th day of May, 2004. , .'

~ .~ .'

Page 11: By-law of Loyalist Township - 2004-45 - Parking By-law

e") . e· 11

SCHEDULE 'A' TO BY-LAW 2004-45

E.', fiRE ROUTE

25,cm

GOcrn

E TOW AWAY Bem ZONE

Page 12: By-law of Loyalist Township - 2004-45 - Parking By-law

• 12

SCHEDULE 'B' TO BY-LAW 2004-45

PROPERTY ADDRESS

OWNER (APPLICANT)

MAILING ADDRESS

TELEPHONE NUMBER

DATE OF APPLICATION

1. INSTRUCTIONS

LOYALIST TOWNSHIP

FIRE ROUTE SITE PLAN

1. Attach, in triplicate, a Site Plan of the property showing:

2.

A) The ,property

B) The proposed location of the fire route

C) The location of all the fire route signs

D) Fire hydrants located on or adjacent to the property

Return to: Loyalist Township Emergency Services Township Municipal Offices 263 Main Street Odessa, Ontario KOH 2HO

2. If clarification is required, please contact the Emergency Services at

386-3762 for assistance.

Office Use Only

Page 13: By-law of Loyalist Township - 2004-45 - Parking By-law

13

SCHEDULE 'C' TOBY-LAW 2004-45

DESIGNATED FIRE ROUTES

The following fire routes are hereby designated:

Amherst Island District - I ,ocation

1. Amherst Island Public School/Community Centre, Part Lot 38, Concession 1, Amherst Island

Amherstview District - Location

1. W.J. Henderson Recreation Centre, 322 Amherst Drive, Amherstview 2. Lord Amherst Apartments, 335 and 339 Amherst Drive, Amherstview 3. Helen Henderson Care Centre, 343 Amherst Drive, Amherstview 4. Amherstview Comniunity Centre, 1 08 Amherst Drive, Amherstview 5. Amherstview Fire Hall, 108 Amherst Drive, Amherstview 6. Manitou Village, 77 Manitou Crescent, Amherstview 7. Murray Place, Amherstview

Bath District - Location

None

Odessa District - Location

None

Page 14: By-law of Loyalist Township - 2004-45 - Parking By-law

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SCHEDULE 'D' TO BY-LAW. 2004-45

APPENDIX I

The following disabled person parking spaces onhighways are hereby designated:

Amberst Island District - I.ocation

1. 5555 Front Road, Stella in front of the Municipal Building adjacent to the'wheelchair ramp, Part Lot 1, North Shore Concession.

Amberstview District - Location None

Bath - I.ocation None

Odessa - I ,ocation 1. 67 Main Street in front ofSt. Alban's United Church 2. 131 Main Street in front of Savage's Home Hardware

APPENDIXU

Disabled person parking spaces on Municipal or Private Property are hereby designated:

Location

Amberst Island District - I.ocation

1. Amherst Island Public SchooV

No. of automobile Parking Spaces

Community Centre - 5955 Front Road, Stella Part Lot 38, Concession 1

No. of designated parking spaces for tbe Disabled

3 minimum

2. Amherst Island, Amherstview, Odessa, Bath Districts - Location

Municipal Property-i) Recreation Complex, Community

Centres, Assembly Halls, Municipal Offices, Fire Halls

,

Private Property· i) Shopping Centres

ii) Hospitals, Medical Centres or clinics

iii) All other Commercial Uses as stated within the township zoning by-law, or otherwise stated herein.

vi) Apartment Complexes ( each structure)

1-19 20-400

1-19 20-400

.1-30 31-60 61-100

1-9 10-19 20-50

51+

1-9 10-19 20-50

51+

1 minimum 2 minimum

Nil 2 minimum

1 minimum 2 minimum 3 minimum

Nil 1 minimum 2 minimum see Section 4 of zoning by-law

Nil 1 minimum 2 minimum see Section 4 of zoning by-law

Page 15: By-law of Loyalist Township - 2004-45 - Parking By-law

15

SCHEDULE 'D' TO BY-LAW 2004-45

APPENDIX II (cont'd)

Disabled person parking spaces on Municipal or Private Property are hereby designated:

Location No. of automobile Parking Spaces

No. of designated parking spaces for tbe Disabled

Amberst Island, Amberstview, Odessa, Batb Districts - Location

Private Property·

v) Schools/ Institutional Uses as stated within the township zoning by-law, or otherwise. stated herein.

iv) Industrial! Office Uses as stated within the township zoning by-law, or otherwise stated herein.

iiv)All other Community Facility Uses as stated within the townsl1ip zoning by-law, or otherwise stated herein.

1-9 10-20 21-40

41+

1-19 20-100 101-200 201+

1-9 10-19 20-400 400+

1 minimum 2 minimum-4 minimum see Section 4 of the zoning by-law

1 minimum 2 minimum 3 minimum see Section 4 of the zoning by-law

Nil 1 minimum 2 minimum 4 minimum

Page 16: By-law of Loyalist Township - 2004-45 - Parking By-law

Amherst Island District

1. Stella Forty Foot Road

Amherstview District 1. Fairfield Blvd.

2. Park Crescent

3. Park Crescent

Bath District None

Odessa District None

Amherst Island District 1. Stella Forty Foot Road

2. Front Road

3. Front Road

Amherstview District 1. Sherwood Ave.

2. Manitou Cres.

3. Fairfield Blvd.

4. Fairfield Blvd.

5. Amherst Dr.

16

SCHEDULE 'E' TO BY-LAW 2004-45

APPEl\IDIX I - NO STOPPING ZONES

SIDE

Both Sides

West Side

East Side

South Side

FROM/TO

From the intersection with Third Concession Road to a point 450 metres northerly

In front of Amherstview Public School between the hours of 8:00 a.m. - 4:00 p.m. Monday - Friday

In front of Mount Carmel School

In front of Mount Carmel School

APPENDIX IT - NO PARKING ZONES

SIDE

West Side

Both Sides

Both Sides

Both Sides

Both Sides

East Side

West Side

Both Sides

FROM/TO

From intersection with North Shore Road and Front Road to the ferry dock From intersection with Stella Forty Foot Road to west boundary of east half of Lot 37, Con. 1, 1 :00 AM. to}:OO AM., December 1 - March 31 From intersection with Stella Forty Foot Road, east to east boundary of Lot 3, North Shore Con., 1:00 AM. to 7:00 AM. December 1 - March 31

From Hwy. 33 to Manitou Cres.

From Sherwood Ave. (south end) to Amh~rst Dr.

From the southern boundary of Centennial Park to Amherst Dr.

From Amherst Drive to 25.2 metres. -"south on Fairfield Blvd.

From the intersection of Speers Blvd. to the intersection of Coronation Blvd.

Page 17: By-law of Loyalist Township - 2004-45 - Parking By-law

• • 17

SCHEDIILE 'E' TO BY-LAW 2004-45 (cant' d)

APPENDIX II - NO PARKING ZONES

Amherstview District (cont'd) SIDE

6. KiddDr. South Side

7. Speers Blvd West Side

8. Speers Blvd. East Side

Bath District 1. Main Street North Side

2. Main Street North Side

3. Main Street North Side

4. Main Street North Side

5. Main Street North Side

6. Main Street North Side

7. Main Street South Side

8. Main Street South Side

9. Main Street South Side

10. Main Street South Side

Odessa District 1. Centre Street West Side

2. Elgin Street North Side

3. Elgin Street South Side

4. Factory Street East Side

5. Gore Street South Side

FROM/TO

From the intersection of Green Drive easterly to the easterly end of the extension ofKidd Dr.

From Highway 33 to Kidd Dr.

From Kidd Drive to Mortensen Cres.

From 185.0 m East of Church St. to 30.0 m West of Church St.

From 90.0 m West of Church St. to 108.0 m West of Church Street

From 41.5 m West of Davy Street to 55.0 m West of Davy Street

From 75.0 m West of Davy Street to 121.0 m West of Davy Street From 58.0 m West of Lodge Street to 216.0 m West of Lodge Street From 140.5 m West of First Street to the westerly limit of Bath From Fairfield Street to 101.0 m West of Fairfield Street From 85.0m West of Church Street to 118.5 m West of Church Street From Lodge Street to 232.0 m West of Lodge Street From 271.5 m West of Lodge Street to westerly limit of Bath

From Gore Street to Main Street

From Factory Street to Centre Street

From Factory Street to Centre Street

From Millhaven Road to Main Street

Factory Street to Mill Street

Page 18: By-law of Loyalist Township - 2004-45 - Parking By-law

SCHEDULE 'F' TO BY-LAW 2004 - 45

THE CORPORATION OF LOYALIST TOWNSHIP

SET FINES FOR USE UNDER PART II

OF THE

PROVINCIAL OFFENCES ACT

BY-LAW NO. 2004 - 45

TRAFFIC AND PARKING BY-LAW

Page 19: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

1.

2.

3.

4.

5.

6.

7.

8.

9.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Park on highway - in front of entranceway Section 2(a)

Stand on highway - in front of entranceway Section 2(a)

Park on highway - within 2 metres of Section 2(a) entranceway

Stand on highway - within 2 metres of Section 2(a) entranceway

Park on highway - obstruct vehicles using Section 2(a) entranceway

Stand on highway - obstruct vehicles using . Section 2(a) entranceway

Park on highway - within 3 metres of fire Section 2(b) hydrant

Stand on highway - within 3 metres of fire Section 2(b) hydrant

Park on highway - within 9 metres of Section 2(c) intersection without traffic signals

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$25.00

$25.00

$20.00

Page 1

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00·

$35.00

$35.00

$30.00

10. Stand on highway - within 9 metres of Section 2(c) $20.00 $30.00 intersection without traffic signals

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 20: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township BY-LAW NO. 2004 - 45: Traffic and Parking By-law Page 2 Set Fines Under Part II of the Provincial Offences Act

Item Column 1 Column 2 Column 3 Column 4 Short Form Wording Provision Creating or Defining Voluntary Payment Set Fine

Offence Payable within 15 days

11. Park on highway - within 30 metres of Section 2(d) $20.00 $30.00 intersection with traffic signals

12. Stand on highway - within 30 metres of Section 2(d) $20.00 $30.00 intersection with traffic signals

13. Park on highway - within 15 metres of railway Section 2(e) $20.00 $30.00 crossing

14. Stand on highway - within 15 metres of railway Section 2(e) $20.00 $30.00· crossing

15 Park on highway - block entrance/exit of public Section 2(f) $20.00 $30.00 facility

16. Stand on highway - block entrance/exit of Section 2(f) $20.00 $30.00 public facility

17 Park on highway - block parked vehicle Section 2(g) $20.00 $30.00

18. Stand on highway - block parked vehicle. Section 2(g) $20.00 $30.00

19. Park on highway - in loading zone Section 2(h) $20.00 $30.00

20. Stand on highway - in loading zone Section 2(h) $20.00 $30.00

21. Park on highway - in a bus stop zone Section 2(i) $27.00 $40.00

22. Stand on highway - in a bus stop zone Section 2(i) $27.00 $40.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

..

Page 21: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township BY-LAW NO. 2004 - 45: Traffic and Parking By-law Page 3 Set Fines Under Part" of the Provincial Offences Act

Item Column 1 Column 2 Column 3 Column 4 Short Form Wording Provision Creating or Defining Voluntary Payment Set Fine

Offence Payable within 15 days

23. Park on highway - interfere with highway Section 20) $20.00 $30.00 maintenance

24. Stand on highway - interfere with highway Section 20) $20.00 $30.00 maintenance

25. Park on highway - exceed 12 hours Section 2(k) $20.00 $30.00

26. Stand on highway - exceed 12 hours Section 2(k) $20.00 $30.00

27. Park on highway - between 1 :00 a.m. and Section 2(1) $20.00 $30.00 7:00 a.m. from December 1 - March 31

28. Stand on highway - between 1 :00 a.m. and Section 2(1) $20.00 $30.00 7:00 a.m. from December 1 - March 31

29. Park on highway - school bus loading zone Section 2(m) $20.00 $30.00

30. Stand on highway - school bus loadfng zone Section 2(m) $20.00 $30.00

31. Park on fire route Section 2(n) $27.00 $40.00

32. Stand on fire route Section 2(n) $27.00 $40.00

33. Park - no parking zone Section 2(0) $27.00 $40.00

34. Stand - no parking zone Section 2(0) $27.00 $40.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

..

Page 22: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township BY-LAW NO. 2004 - 45: Traffic and Parking B~-Iaw Page 4 Set Fines Under Part II of the Provincial Offences Act

Item Column 1 Column 2 Column 3 Column 4 Short Form Wording Provision Creating or Defining Voluntary Payment Set Fine

Offence Payable within 15 days

35. Park on highway - disabled person parking Section 3 n/a $300.00 space

36. Stand on highway - disabled person parking Section 3 n/a $300.00 space

37. Stop on highway - disabled person parking Section 3 n/a $300.00 space

38. Park on municipal property - disabled person Section 3 n/a $300.00' parking space

39. Stand on municipal property - disabled person Section 3 n/a $300.00 parking space

40. Stop on municipal property - disabled person Section 3 n/a $300.00 parking space

41. Park on private property - disabled person Section 3 n/a $300.00 parking space

42. Stand on private property - disabled person Section 3 n/a $300.00 parking space

43. Stop on private property - disabled person Section 3 n/a $300.00 parking space

44. Park on highway - obstruct sidewalk Section 4(a) $20.00 $30.00

45. Stand on highway - obstruct sidewalk Section 4( a) $20.00 $30.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

..

Page 23: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part" of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Stop on highway - obstruct sidewalk Section 4(a)

Park on highway - obstruct intersection Section 4(a)

Stand on highway - obstruct intersection Section 4( a)

Stop on highway - obstruct intersection Section 4(a)

Park on highway - obstruct pedestrian Section 4(b) crossover or pedestrian walkway

Stand on highway - obstruct pedestrian Section 4(b) crossover or pedestrian walkway

Stop on highway - obstruct pedestrian Section 4(b) crossover or pedestrian walkway

Park on highway - within 3 metres of Section 4(b) pedestrian crossover or pedestrian walkway

Stand on highway - within 3 metres of Section 4(b) pedestrian crossover or pedestrian walkway

Stop on highway - within 3 metres of Section 4(b) pedestrian crossover or pedestrian walkway

Park on highway - obstruct traffic Section 4 (c)

Stand on highway - obstruct traffic Section 4 (c)

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$27.00

$27.00

$27.00

$20.00

$20.00

$20.00

$34.00

$34.00

Page 5

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$40.00 .

$40.00

$40.00

$30.00

$30.00

$30.00

$50.00

$50.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

.. '

Page 24: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

58.

59.

60.

61.

62.

63.

64.

65.

66.

67

68.

69.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Stop on highway - obstruct traffic Section 4 (c)

Park on highway - alongside stopped or Section 4(d) parked vehicle

Stand on highway - alongside stopped or Section 4(d) parked vehicle

Stop on highway - alongside stopped or Section 4(d) parked vehicle

Park on highway - upon bridge Section 4( e)

Stand on highway - upon bridge Section 4( e)

Stop on highway - upon bridge Section 4( e)

Park on highway - within tunnel or underpass Section 4( e)

Stop on highway - within tunnel or underpass Section 4( e)

Stand on highway - within tunnel or underpass Section 4( e)

Park on highway - on or adjacent to median Section 4(f) strip

Stand on highway - on or adjacent to median Section 4(f) strip

Column 3 Voluntary Payment

Payable within 15 days

$34.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

Page 6

Column 4 Set Fine

$50.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

-

Page 25: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

70.

71.

72.

73.

74.

75.

76.

77.

78.

79.

80.

81.

82.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Stop on highway - on or adjacent to median Section 4(f) strip

Park on highway - on boulevard Section 4(g)

Stand on highway - on boulevard Section 4(g)

Stop on highway - on boulevard Section 4(g)

Park - no stopping zone Section 4(h)

Stand - no stopping zone Section 4(h)

Stop - no stopping zone Section 4(h)

Park - bicycle path Section 4(i)

Stand - bicycle path Section 4(i)

Stop - bicycle path Section 4(i)

Park on highway - right wheels. more than .15 Section 5(a) metres from curb

Stand on highway - right wheels more than .15 Section 5(a) metres from curb

Stop on highway - right wheels more than .15 Section 5(a) metres from curb

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

Page 7

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 26: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

83.

84.

85.

86.

87.

88.

89.

90.

91.

92.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Park on highway - right wheels too far from Section 5(b) shoulder

Stand on highway - right wheels too far from Section 5(b) shoulder

Stop on highway - right wheels too far from Section 5(b) shoulder

Park on highway - left wheels more than .15 Section 6(a) metres from curb

Stand on highway - left wheels more than .15 Section 6(a) metres from curb

Stop on highway - left wheels more than .15 Section 6(a) metres from curb

Park on highway - left wheels too far from Section 6(b) shoulder

Stand on highway - left wheels too far from Section 6(b) shoulder

Stop on highway - left wheels too far from Section 6(b) shoulder

Park on highway - improper angle parking Section 7

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

Page 8

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

,.. •

Page 27: By-law of Loyalist Township - 2004-45 - Parking By-law

.. '"

Loyalist Township

93.

94.

95.

96.

97.

98.

99.

100.

101.

102.

103.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Stand on highway - improper angle parking

Stop on highway - improper angle parking

Park on highway - outside an angled parking space

Stand on highway - outside an angled parking space

Stop on highway - outside an angled parking space

Park on highway - abandoned vehicle

Park on highway - heavy vehicle or school bus in Districts of Amherst Island, Amherstview, Odessa and Bath between 8:00 p.m. of one day and 8:00 a.m. of the following day

Park a heavy vehicle on municipal property

Stand a heavy vehicle on municipal property

Park motor vehicle on municipal property

Stand a vehicle on municipal property

Section 7

Section 7

Section 8

Section 8

Section 8

Section 9

Section 10

Section 11

Section 11

Section 12

Section 12

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$50.00

$50.00

$50.00

$25.00

$25.00

Page 9

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$75.00

$75.00

$75.00

$35.00

$35.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 28: By-law of Loyalist Township - 2004-45 - Parking By-law

THE HONOURABLE BRUCE E. MACPHEE REGIONAL SENIOR JUSTICE . EAST REGION

ONTARIO COURT OF JUSTICE

COURTHOUSE 161 ELGIN STREET, 6TH FLOOR

OTTAWA, ONTARIO K2P 2L1

June 15,2004

Ms Brenda Hamilton, CMO Township Clerk

LOY'"LlST TO'NN$HIP RECEIVED

JUN 1 8 2004

The Corporation of Loyalist Township P.O. Box 70, 263 Main Street Odessa, Ontario KOH2HO

Dear Ms Hamilton,

Re: Set Fines - Provincial Offences Act - Part I and II Loyalist Township

L'HONORABLE BRUCE E. MACPHEE JUGE PRINCIPAL REGIONAL

REGION DE L'EST COUR DE JUSTICE DE L'ONTARIO

PALAIS DE JUSTICE 161, RUE ELGIN, 6· ETAGE

OTTAWA (ONTARIO) K2P 2L1

TELEPHONE I TELEPHONE (613) 239-1520 FAX I TELECOPIEUR (613) 239-1572

Enclosed herewith is a copy of two Orders and a copy of the schedules of set fines for By-law Nos. 2004-45 and 2004-47, the By-laws indicated in the schedules. L: .

'\,~ < ----

The setting of the fines does not constitute my approval of the validity of the By-laws or of the short form of wording used to describe the offences.

I have forwarded the original Orders and the schedules of the set fines to the Honourable Mr. Justice J.P. Coulson in Napanee, together with a certified copy of the By-laws.

Enclosures

Page 29: By-law of Loyalist Township - 2004-45 - Parking By-law

PROVINCIAL OFF,ENCES ACT

Part II

IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and

the rules for the Ontario Court of Justice that the amount set opposite each of the

offences in the schedule of offences under Je Provincial Statutes and Regulations

thereunder and Municipal By-law No. 2004J45 of the Loyalist Township

attached hereto is the set fine those offences! This Order is to take effect June 15,

2004.

Dated at Ottawa this 15th day of June 2004.

Bruce E. MacPhee, onal Senior Justice Ontario Court of Just! e East Region

Page 30: By-law of Loyalist Township - 2004-45 - Parking By-law

SCHEDULE aF' TO BY-LAW 2004 - 45

THE CORPORATION OF LOYALIST TOWNSHIP

SET FINES FOR USE UNDER PART II

OF THE

PROVINCIAL OFFENCES ACT

BY-LAW NO. 2004':" 45

TRAFFIC AND PARKING BY-LAW

Page 31: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

1.

2.

3.

4.

5.

6.

7.

8.

9.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Park on highway - in front of entranceway Section 2(a)

Stand on highway - in front of entranceway Section 2(a)

Park on highway - within 2 metres of Section 2(a) entranceway

Stand on highway - within 2 metres of Section 2(a) entranceway

Park on highway - obstruct vehicles using Section 2(a) entranceway

Stand on highway - obstruct vehicles using .. Section 2(a) entranceway

Park on highway - within 3 metres of fire Section 2(b) hydrant

Stand on highway - within 3 metres of fire Section 2(b) hydrant

Park on highway - within 9 metres of Section 2(c) intersection without traffic Signals

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$25.00

$25.00

$20.00

Page 1

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$35.00

$35.00

$30.00

10. Stand on highway - within 9 metres of Section 2(c) $20.00 $30.00 intersection without traffic signals

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 32: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

11.

12.

13.

14.

1.5

16.

17

18.

19.

20.

21.

22.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Park on highway - within 30 metres of Section 2(d) intersection with traffic signals

Stand on highway - within 30 metres of Section 2(d) intersection with traffic signals

Park on highway - within 15 metres of railway Section 2(e) crossing

Stand on highway - within 15 metres of railway Section 2(e) crossing

Ear:k-on-highway-,,-block_entr:ance/exiLotpublic Section_2(f.) facility

Stand on highway - block entrance/exit of Section 2(f) public facility

Park on highway - block parked vehicle Section 2(g)

Stand on highway - block parked vehicle Sectic;m 2(g)

Park on highway - in loading zone Section 2(h)

Stand on highway - in loading zone Section 2(h)

Park on highway - in a bus stop zone Section 2(i)

Stand on highway - in a bus stop zone Section 2(i)

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$27.00

$27.00

Page 2

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$40.00

$40.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 33: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Park on highway - interfere with highway Section 20) maintenance

Stand on highway - interfere with highway Section 20) maintenance

Park on highway - exceed 12 hours Section 2(k)

Stand on highway - exceed 12 hours Section 2(k)

Park on highway - between 1 :00 a.m. and Section 2(1) 7:00 a.m. from December 1 - March 31

Stand on highway - between 1 :00 a.m. and . Section 2(1) 7:00 a.m. from December 1 - March 31

Park on highway - school bus loading zone Section 2(m)

Stand on highway - school bus loading zone Section 2(m)

Park on fire route Section 2(n)

Stand on fire route Section 2(n)

Park - no parking zone Section 2(0)

Stand - no parking zone Section 2(0)

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$27.00

$27.00

$27.00

$27.00

Page 3

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$40.00

$40.00

$40.00

$40.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 34: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Park on highway - disabled person parking Section 3 space

Stand on highway - disabled person parking Section 3 space

Stop on highway - disabled person parking Section 3 space

Park on municipal property - disabled person Section 3 parking space

Stand on municipal property - disabled person Section 3 parking space

Stop on municipal property - disabled person Section 3 parking space

Park on private property - disabled person Section 3 parking space

Stand on private property - disabled person Sectioh 3 parking space

Stop on private property - disabled person Section 3 parking space

Park on highway - obstruct sidewalk Section 4(a)

Stand on highway - obstruct sidewalk Section 4(a)

Column 3 Voluntary Payment

Payable within 15 days

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

$20.00

$20.00

Page 4

Column 4 Set Fine

$300.00

$300.00

$300.00

$300.00

$300.00

$300.00

$300.00

$300.00

$300.00

$30.00

$30.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 35: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Stop on highway - obstruct sidewalk Section 4(a)

Park on highway - obstruct intersection Section 4( a)

Stand on highway - obstruct intersection Section 4(a)

Stop on highway - obstruct intersection Section 4(a)

Park on highway - obstruct pedestrian Section 4(b) crossover or pedestrian walkway

Stand on highway - obstruct pedestrian . Section 4(b) crossover or pedestrian walkway

Stop on highway - obstruct pedestrian Section 4(b) crossover or pedestrian walkway

Park on highway - within 3 metres of Section 4(b) pedestrian crossover or pedestrian walkway

Stand on highway - within 3 metres of Section 4(b) pedestrian crossover or pedestrian walkway

Stop on highway - within 3 metres of Section 4(b) pedestrian crossover or pedestrian walkway

Park on highway - obstruct traffic Section 4 (c)

Stand on highway - obstruct traffic Section 4 (c)

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$27.00

$27.00

$27.00

$20.00

$20.00

$20.00

$34.00

$34.00

Page 5

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$40.00

$40.00

$40.00

$30.00

$30.00

$30.00

$50.00

$50.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 36: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

58.

59.

60.

61.

62.

63.

64.

65.

66.

67

68.

69.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Stop on highway - obstruct traffic

Park on highway - alongside stopped or parked vehicle

Stand on highway - alongside stopped or parked vehicle

Stop on highway - alongside stopped or parked vehicle

Park on highway - upon bridge

Stand on highway - upon bridge

Stop on highway - upon bridge

Park on highway - within tunnel or underpass

Stop on highway - within tunnel or underpass

Stand on highway - within tunnel or underpass

Park on highway - on or adjacent to median strip

Stand on highway - on or adjacent to median strip

Section 4 (c)

Section 4(d)

Section 4(d)

Section 4(d)

Section 4( e)

Section 4(e)·

Section 4(e)

Section 4(e)

SectiQn 4( e)

Section 4( e)

Section 4(f)

Section 4(f)

Column 3 Voluntary Payment

Payable within 15 days

$34.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

Page 6

Column 4 Set Fine

$50.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 37: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

70.

71.

72.

73.

74.

75.

76.

77.

78.

79.

80.

81.

82.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Stop on highway - on or adjacent to median Section 4(f) strip.

Park on highway - on boulevard Section 4(g)

Stand on highway - on boulevard Section 4(g)

Stop on highway - on boulevard Section 4(g)

Park - no stopping zone Section 4(h)

Stand - no stopping zone Section 4(h)

Stop - no stopping zone Section 4(h)

Park - bicycle path Section 4(i)

Stand - bicycle path Section 4(i)

Stop - bicycle path Sectipn 4(i)

Park on highway - right wheels more than .15 Section 5(a) metres from curb

Stand on highway - right wheels more than .15 Section 5( a) metres from curb

Stop on highway - right wheels more than .15 Section 5(a) metres from curb

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

Page 7

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

e

Page 38: By-law of Loyalist Township - 2004-45 - Parking By-law

Loyalist Township

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84.

85.

86.

87.

88.

89.

90.

91.

92.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part" of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Park on highway - right wheels too far from Section 5(b) shoulder

Stand on highway - right wheels too far from Section 5(b) shoulder

Stop on highway - right wheels too far from Section 5(b) shoulder

Park on highway - left wheels more than .15 Section 6(a) metres from curb

Stand on highway - left wheels more than .15 . Section 6(a) metres from curb

Stop on highway - left wheels more than .15 Section 6(a) metres from curb

Park on highway - left wheels too far from Section 6(b) shoulder

Stand on highway - left wheels too far from Section 6(b) shoulder

Stop on highway - left wheels too far from Section 6(b) shoulder

Park on highway - improper angle parking Section 7

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

$20.00

Page 8

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

Page 39: By-law of Loyalist Township - 2004-45 - Parking By-law

'. t.

Loyalist Township

93.

94.

95.

96.

97.

98.

99.

100.

101.

102.

103.

BY-LAW NO. 2004 - 45: Traffic and Parking By-law Set Fines Under Part II of the Provincial Offences Act

Column 2 Column 1 Short Form Wording Provision Creating or Defining

Offence

Stand on highway - improper angle parking Section 7

Stop on highway - improper angle parking Section 7

Park on highway - outside an angled Section 8 parking space

Stand on highway - outside an angled Section 8 parking space

Stop on highway - outside an angled Section 8 parking space

Park on highway - abandoned vehicle . Section 9

Park on highway - heavy vehicle or school bus Section 10 in Districts of Amherst Island, Amherstview, Odessa and Bath between 8:00 p.m. of one day and 8:00 a.m. of the following day

Park a heavy vehicle on municipal property Sectipn 11

Stand a heavy vehicle on municipal property Section 11

Park motor vehicle on municipal property Section 12

Stand a vehicle on municipal property Section 12

Column 3 Voluntary Payment

Payable within 15 days

$20.00

$20.00

$20.00

$20.00

. $20.00

$20.00

$50.00

$50.00

$50.00

$25.00

$25.00

Page 9

Column 4 Set Fine

$30.00

$30.00

$30.00

$30.00

$30.00

$30.00

$75.00

$75.00

$75.00

$35.00

$35.00

NOTE: The penalty provision for the offences indicated above in respect of which a parking infraction notice was issued under Part II of the Provincial Offences Act is Section 31 of By-law 2004 - 45, certified copies of which have been filed.

. .

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