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HomeMy Public PortalAbout23-064 - Parking By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 23-064 BEING A BY-LAW TO REGULATE AND CONTROL PARKING ON HIGHWAYS, IN PARKING LOTS, AND ON MUNICIPAL PROPERTY UNDER THE JURISDICTION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS, AND ON PRIVATE PROPERPf. WHEREAS the Council of The Corporation of the Township of Leeds and the Thousand Islands has deemed it necessary to pass a by-law to prohibit or regulate the parking, standing or stopping of vehicles or any class thereof, on highways or any part of a highway on municipal lands and on private property; AND WHEREAS Sections 11 ,63 (1), 100, 1 01,425 (2) and 439 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provide authority for related actions if the Municipality passes a by-law for prohibiting or regulating the placing, stopping, standing, or parking of vehicles on highways, municipal lands, or private property; AND WHEREAS pursuant to section 102.1(1) of the Municipal Act, 2001, S.O.2001,c, 25, as amended (the "Municipal Act, 2001") a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles; AND WHEREAS Section 170 of the Highway Traffic Act, R.S.O. 1990, c.H.8 as amended, gives municipal law enforcement officers jurisdiction to carry out provisions of the Highway Traffic Act with respect to parking on roadways; NOW THEREFORE the Council of The Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: 1. DEFINITIONS "Accessible Parking" means a parking space designated under this By-Lawforthe exclusive use of a vehicle displaying an Accessible permit in accordance with the requirements of the Highway Traffic Act and the regulations made thereunder and in this By-Law. "Accessible Parking Permit" means a valid permit issued by the Minister of Transportation under section 26 of the Highway Traffic Act or a valid permit, licence plate or other marker or device bearing the international symbol of access issued by a jurisdiction other than Ontario. "Boulevard" means the untravelled portion of the road allowance, which is not intended for the use by vehicles and includes a centre strip separating two roadways and any paved or unpaved portions of the road allowance not intended for the normal use of vehicles but does not include a sidewalk. "By-Law Enforcement Officer" shall mean a municipal law enforcement officer of the Corporation of the Township of Leeds and the Thousand Islands who is duly appointed by the Council of the Corporation for the purpose of enforcing the provisions of the Corporation's By-laws. "Clerk" means the Municipal Clerk for the Township of Leeds and the Thousand Islands and includes their designate. "Council" means the Council of the Corporation of the Township of Leeds and the Thousand Islands. "Commercial Motor Vehicle" means a motor vehicle with a permanently attached truck or delivery body and includes a truck tractor used for hauling purposes, but does not include an ambulance, hearse, casket wagon, fire apparatus, bus or motor vehicle commonly known as a tow truck when the tow truck is being used as a tow truck. "Controlled Public Parking Zone" meaning any parking space or lot owned or operated by the Corporation of the Township of Leeds and the Thousand Islands but does not include paid parking spaces or lots. "Corporation" means the Corporation of the Township of Leeds and the Thousand Islands, and Municipal or Municipality have a similar meaning. "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, measured from the edges of the roadway, or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossings by signs or lines or other markings on the surfaces. "Derelict Vehicle" means a vehicle that has been left unattended, and that appears by reason of its age, appearance or mechanical condition to be abandoned or that lacks number plates, permit or identification numbers bearing current validation, so that the vehicle cannot be operated on a highway in accordance with the Highway Traffic Act or the regulations made thereunder. "Emergency Vehicle" includes an ambulance, fire department vehicle, vehicle operated by a police officer in the performance of their duties and any other vehicle being used to respond to an emergency. "Fire Route" means any road, lane, driveway, alley, parking area, ramp or parcel of land, whether it is owned or occupied by the Township of Leeds and the Thousand Islands or any local board thereof or whether it is a private roadway, that has been designated as a fire route by placing or erection along one side thereof of fire route signs. All fire route signage shall be a minimum of 2.4m in height from the bottom edge of the sign. "Heavy Vehicle" means a vehicle, object or contrivance that has a gross weight of 3,000 kilograms (3,000 kg) or more, but not including a school bus. "Highway" includes a common and public highway, a 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 in the Township of Leeds and the Thousand Islands. "Holiday" includes New Years Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day, New Years Day, Family Day, and any day appointed by proclamation of the Governor Generalor the Lieutenant Governor as a public holiday, and when any holiday falls on Sunday, the day next following instead of that day. "Loading Zone" means an area or place on a highway established by authority of this By-Law for accommodation of commercial vehicles and the loading and unloading of goods, wares, merchandise or passengers. "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 street car, or other motor vehicles running on rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry, or road-building machine. "Municipality" means the Corporation of the Township of Leeds and the Thousand Islands. "Municipal Property" means property owned or occupied by the Corporation of the Township of Leeds and the Thousand Islands, but does not include a municipal parking lot. "Municipal Parking Lot" means a parking lot owned or operated by the Corporation of the Township of Leeds and the Thousand Islands. "Official Sign" means any sign or roadway, curb or sidewalk marking or other device placed or erected under the authority of this by-law or which is authorized pursuant to the Highway Traffic Act or the regulations passed thereunder for the purpose of regulating, warning, parking or guiding traffic; in particular, and without limiting the generality of the foregoing, includes yellow paint applied to a curb or object or pylons or temporary signs, placed to indicate that parking or stopping is prohibited. "Operator" means any person who drives or operates or who has the care and control of a vehicle. "Owner" when used in relation to property, mean the registered owner of the property and the spouse or partner of the person; a person authorized in writing by the legal title holder to act on their behalf to enforce or to request the enforcement of this by-law. "Park, Parked or Parking" means allowing a vehicle to remain stationary except in obedience of traffic regulations, signs or signals, or while actually engaged in the taking on or discharging of passenger(s), or loading or unloading merchandise. "Parking Pay Station" means an automated ticket dispensing machine that may be used for more than one parking space and which issues a ticket which displays or indicates the length of time that a vehicle may be parked in a particular parking space. "Paid Parking Zone" means a highway or parts of highways or areas in which parking meters may be erected to control and regulate the parking of vehicles. "Parking Space" means a portion of a highway or a municipal or private parking lot that is designated for the parking of a vehicle and where such space is delineated by markings on the pavement or other markings to distinguish one space from another. "Pedestrian" means a person traveling on foot and includes a person in a wheelchair or a motorized device performing the function of a wheelchair and a child in a baby carriage. "Pedestrian Crossover" means any portion of a roadway, designated by by-law of a Municipality, at an intersection or elsewhere, distinctly indicated for pedestrian crossing by signs on the highway and lines or other markings as prescribed by the regulations under the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended. "Permit" is when used in respect of a Accessible parking space, means a Accessible 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 the Highway Traffic Act; when used in respect of parking, means a permit issued by the Corporation under this By-law for the purpose of parking on highways or municipal parking lots. "Permit Parking" allowing the parking of motor vehicles on designated parts of highways/roadways/parking lots for specified periods and during hours pursuant to permits issued and charging such fee as the Council may determine for the privilege of parking for such periods and during such times. "Person" shall include an individual, partnership, company and corporation. "Police Officer" means a Chief of Police or other Police Officer but does not include a Special Constable or By-law Enforcement Officer. "Private Property" means property other than highways and municipal property. "Provincial Offences Officer" means a Police Officer or person designated to enforce this by-law. "Roadway" means the part of the highway that is improved, designed or ordinarily used for vehicular traffic but does not include the shoulder. "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. "Sidewalk" means those portions of a highway set apart and improved for the use of pedestrians. "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. "Street" means a common and public highway, and includes a highway, avenue, parkway, driveway, square, place, bridge, viaduct ortrestle designed and intended for or used by the general public for the passage of vehicles. "Trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle, except another motor vehicle. A trailer shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn. "Vehicle" means and 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. 2. Interpretation (a) This by-law applies to all Township streets, public lanes, municipal parking lots, and all other property owned or occupied by the Township of Leeds and the Thousand Islands. (b) This by-law does not apply to highways under the jurisdiction of the Ontario Ministry of Transportation, the United Counties of Leeds and Grenville or to private roads and lanes. (c) This by-law does not apply to private parking lots. (d) The attached Schedules form part of this by-law. (e) Except as otherwise provided in section 1, the words and terms used in this by-law have the same meaning as in the Highway Traffic Act. 3. Traffic Signs and Signals The Director of Operations and Infrastructure, or designate, of the Township of Leeds and the Thousand Islands are authorized, to place or erect and to maintain such official signs and traffic control signals as are required to give effect to the provisions of this By-Law or as are required to warn or guide traffic for the safety and convenience of the public. 4. Stopping and Parking Regulations 4.1 No person shall park or stop any vehicle on any highway or portion thereof except as follows: a) On highways carrying two-way traffic, where there is a raised curb, on the right side on the roadway of the highway having regard to the direction such vehicle was proceeding, with its right front and rear wheels parallel to and not more than 25 centimeters out from such curb; b) On highways carrying two-way traffic, where there is no curb or a rolled curb 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 or parking over a sidewalk or footpath or over any part of the highway where grass is grown or which is not intended for the use of vehicles; c) On highways carrying one-way traffic, where there is a raised curb on either side of the traveled portion of the road, with both a front and rear wheel on the same side of the vehicle parallel to and not more than 25 centimeters out from such curb; or d) On highways carrying one-way traffic, where there is no raised curb, with both a front and a rear wheel on the same side of the vehicle parallel to and as near to the outside limit of the road as, is practicable without stopping or parking over a sidewalk or foot path or over any part of the highway where grass is grown or which is not intended for the use of vehicles. PARKING PROHIBITED WITHOUT SIGNS 4.2 No person shall on any highway or street park or stop any vehicle: a) In contravention of the provisions of this by-law or of signage that provides public notice of parking regulations; b) On any street, municipal parking lot or other municipal property in a manner that interferes with the provision of municipal services, including maintenance, repairs and snow removal. c) on or over a sidewalk or footpath; d) within 6 metres of an intersection or pedestrian cross walk; e) alongside or across the highway from any excavation or obstruction in the roadway where the free flow of traffic would be impeded; f) on the roadway side of any stopped or parked vehicle; g) on any bridge or elevated structure or within any tunnel or underpass; h) in front of a public or private driveway; i) within 3 metres of a fire hydrant, horizontally at the street line; j) within 15 metres of a railroad crossing; k) in such a manner to obstruct traffic or pedestrians I) on any boulevard in the Township of Leeds and the Thousand Islands, except where expressly permitted. m) For the purpose of displaying a vehicle for sale; n) For the purpose of greasing or repairing a vehicle except for repairs necessitated by an emergency; o) For the purpose of stripping or partially stripping a vehicle except for stripping necessitated by an emergency; p) On a roadway where the roadway width is six (6) metres or less. q) No person shall park a heavy vehicle or a vehicle exceeding six metres in length or a school bus or permit a heavy vehicle or a vehicle exceeding six metres in length on a highway at any time. PARKING PROHIBITED WITH SIGNS 4.3 Where official signs to that effect are displayed, no person shall park a vehicle where prohibited on any highway or street: a) at a passenger or freight-loading zone; b) where it interferes with pedestrians c) within 6 metres of an intersection d) within 15 metres of any fire hall on the side of the highway on which the fire hall is located; e) so as to interfere with the formation of a funeral procession; f) within 15 metres of the termination of a dead-end street; g) within a designated fire route. 4.4 Where official signs are displayed, no person shall park a vehicle where prohibited: a) on the highways, on municipal property, or on municipal parking lots as specified in the attached schedules in the times and/or days set out in the said Schedules or for longer than the period of time set out in the schedules. 4.5 Official signs for the locations stipulated in the schedules to this by-law shall not be displayed except with the approval of Council or as delegated to the Director of Operations and Infrastructure. 5. Commercial Loading Zones 5.1 Where official commercial loading zone signs are displayed, no person shall at any time between the hours of 6:00 a.m. and 6:00 p.m. daily, stop, stand or park a vehicle on that part of the highway hereby designated as a commercial loading zone. 5.2 The provisions of the section 4.1 shall not apply to: a) Any person who is using a commercial loading zone for the loadinc and unloading of merch'andise from a motor vehicle for a period ot time not in excess of one hour at any one time; and b) Any person who temporarily stops a motor vehicle for the purpose of and while actually engaged in loading or unloading passengers providing the stopping does not interfere with a commercial motor vehicle attempting to enter or leave such commercial loading zone. 6. Parking or Leaving Motor Vehicles on Municipal Property No owner or operator of a vehicle shall park or allow a vehicle to remain parked or left on property of The Corporation of the Township of Leeds and the Thousand Islands without written approval from the Director of Operations and Infrastructure. 7. Parking of Heavy Vehicles, Trailers and/or Commercial Vehicles at Off Street Parking Lots 8.1 No person shall park or allow to remain parked a "heavy vehicle", "trailer" or "commercial motor vehicle" at an off-street parking lot. 8.2 No person shall, at any time, park any derelict vehicle or inoperable or unlicensed vehicle at a Municipal off-street parking lot. 8.3 No person shall, at any time, park any vehicle for the purpose of washing or repairing the vehicle or camping at a Municipal off-street parking lot. 8. Parking of Heavy Vehicles in Residential Areas No person shall park a commercial motor vehicle greater than three thousand kilograms (3,000 kg) vehicle weight or a vehicle registered with the Ministry of Transportation exceeding a licenced gross vehicle weight of three thousand kilograms (3,000 kg) on any highway or portion of a highway located within a zone designated Residential in the Municipality's Comprehensive Zoning By-Law, as it may be amended from time to time. 9. Accessible Parking Spaces 10.1 Where official signs to that effect are displayed, no owner or operator of a vehicle shall park, stop, or leave standing or permit the parking, stopping or standing of a vehicle in an Accessible parking space except with a valid permit issued, displayed and used in accordance with the Highway Traffic Act, as amended, and the regulations made thereunder. 10.2 Every designated Accessible parking space shall be identified and designated with a sign in accordance with the Highway Traffic Act as amended, and the regulations made thereunder. 11. Winter Parking No person shall park a motor vehicle on any of the streets, sidewalks, or highways within the Corporation between the hours of 12:00 a.m. and 7:00 a.m. Eastern Standard Time between the 1st day of December and the 31st day of March inclusive in the year next following. 12. Enforcement 12.1.1 Ontario Provincial Police Officers, Township of Leeds and the Thousand Islands Provincial Offences Officers and By-Law Enforcement Officers shall enforce the provisions and parking violations as listed in this By-Law. 12.2 Ontario Provincial Police Officers, Township of Leeds and the Thousand Islands Provincial Offences Officers and By-Law Enforcement Officers shall have authority to issue a ticket and/or have any vehicle found in violation or contravention of any of the provisions of this By-law removed from the property. 13. Vehicle Towing In addition to any other penalties provided for in this By-law, a Police Officer, a Township of Leeds and the Thousand Islands By-Law Enforcement Officer or Township of Leeds and the Thousand Islands Provincial Offences Officer may, where a vehicle is parked or stopped in contravention of this By-Law, cause that vehicle to be removed, taken away and stored in a suitable place and all costs and charges for the removal, care and storage thereof, shall be at the owner's expense and shall become a lien upon the vehicle and may be enforced in the manner provided by the Repair and Storage Liens Act, 1990, c. R25 as amended, or any successor legislation. 14. Penalties 14.1 Any person who contravenes any provision of this By-Law is guilty of an offence and upon conviction is liable to such fines and penalties as are authorized under the Administrative Monetary Penalties By-law No. 22- 044, and all such fines shall be recoverable pursuant to the provisions of the Administrative Monetary Penalties By-law No. 22-044. 14.2 Each day a vehicle is parked, stopped or standing in contravention of this by-law is a separate offence. 14.3 The driver of a motor vehicle not being the owner, is liable to any penalty provided by this by-law and the owner of the motor vehicle is also liable to such a penalty unless at the time the offence was committed the motor vehicle was in possession of a person other than the owner without the owner's consent. 14.4 Parking Infraction Notices issued with respect to contraventions of this By-law shall display the set fine for the offence charged, and such notice may also display a reduced fine. 14.5 Any person may pay a reduced fine (voluntary payment) out of court by presenting a Parking Infraction Notice, issued in respect of an offence under this by-law, along with the payment to the Corporation office within seven (7) days of the date of the Parking Infraction Notice. Upon such payment, no further proceeding shall be taken against that person in respect of the offence alleged in the Parking Infraction Notice. 15. Headings Headings used in this By-Law are not to be considered part of this By-Law and are for the convenience of reference. 16. Short Title This By-law may be referred to as the "Parking By-law". 17. Validity/Severability If any section, clause or provision of this By-Law, including anything contained in the Schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid; and it is hereby declared to be the intention of Council for the Corporation that all remaining sections, clauses or provisions of this Bylaw shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof may have been declared invalid. 18. Schedules Schedules referred to in this By-law shall form part of this By-law and shall be of the same effect as if incorporated herein and each entry in a column of a Schedule shall be read in conjunction with the entries, across therefrom, and not otherwise. 19. Repeal of Previous By-laws By-law 08-058 is repealed. 20. Enactment This By-law shall come into force and take effect on the day of passing; READ A FIRST AND SECOND TIME THIS 10TH DAY OF OCTOBER, 2023. READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF OCTOBER, 2023. The Corporation of the Township of Leeds and the Thousand Islands ^^^/y/^^/yei-ry^o^ey, Deputy Mayor YH Annno-n Meg&n Shannon, Clerk THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY LAW NO. 23-064 Schedule #1 - Controlled Parking Zones Street From To Side or Sides Time period Bay Street Seeley’s Bay) 110m North of County Road 47 Mill Street West All Times Benson Drive 350m Northeast of Benson Park Rd North-Easterly to End Both Sides All Times Benson Park Road End Easterly 25m Both Sides All Times Burtch’s Lane Rockport) 150m South of 1000 Islands Parkway Northerly to 1000 Islands Parkway West All Times Burtch’s Lane Rockport) 120m South of 1000 Islands Parkway Northerly to 1000 Islands Parkway East All Times Centre Street Lansdowne) Grand Trunk Avenue Beatty Street West All Times Church Street Lansdowne) Garden Street Wedgewood Street North Side All Times Church Street Lansdowne) Wedgewood Street Prince Street Both Sides All Times Cook Street Lyndhurst) County Road 33 Short Point Road West All Times Ford Street Lyndhurst) End County Road 33 East All Times Fredrick Street Lansdowne) Ivan Street Garden Street North All Times Front Street Rockport) 1000 Islands Parkway South-Easterly 700m West/South All Times Front Street Rockport) West Entrance 120m South of the 1000 Islands Parkway Northerly to the 1000 Islands Parkway East All Times Garden Street Lansdowne) Gilbert Street King Street East All Times Garden Street Lansdowne) King Street Church Street East All Times Street From To Side or Sides Time period Gilbert Street Lansdowne) Garden Street Miller Street South All Times Gilbert Street Lansdowne) Miller Street Prince Street South All Times Grand Trunk Avenue Lansdowne) Prince Street Centre Street South All Times Haskins Point Road Seeley’s Bay) County Road 47 Westerly 250m South All Times Ivy Lea Road Ivy Lea) 1000 Islands Parkway End Both Sides All Times James Street Lansdowne) Miller Street Prince Street North All Times Jessie Street Lansdowne) Ivan Street Garden Street South All Times Jonas Street Lyndhurst) 500m South of County Road 33 County Road 33 East All Times Jonas Street Lyndhurst) County Road 33 Northerly 75m to End West All Times Johnston Street Lansdowne) Garden Street Prince Street North All Times Kerry Point Road 1600m East of Narrows Lane Road Easterly 50m to End Both Sides All Times Marble Rock Road 310m West of Gananoque Lake Rd Easterly 160m Both Sides All Times Miller Street Lansdowne) End at rail tracks Gilbert Street Both Sides All Times Miller Street Lansdowne) Gilbert Street King Street West All Times Oakel Street Lyndhurst) Jonas Street Easterly to End South All Times Ormond Street Lyndhurst) End Jonas North All Times Red Horse Lake Road County Road 3 Long Reach Lane Both Sides All Times Street From To Side or Sides Time period Shemrock Drive End 190m South of Village Estates Road West All Times Stratford Road End Easterly 25m Both Sides All Times Turnaround Road Maple Grove Road Southerly to End East All Times Water Street Lyndhurst) County Road 33 End West All Times