Parking By-law

I. Definitions

1. In this By-Law,

a) “Appropriate Authorized Sign” shall mean a sign, which has been authorized by
the Council of the Corporation of Haldimand County.

b) “Boulevard” shall mean that portion of every road allowance within the limits of
Haldimand County, which is not used as a sidewalk, driveway, traveled
roadway, or shoulder.

c) “By-Law Enforcement Officer” means a person authorized by Council to enforce
the by-laws of Haldimand County.

d) “Commercial Motor Vehicle” means a motor vehicle having permanently attached
thereto to a truck or delivery body and including ambulance, hearses, casket
wagons, fire apparatus, buses and tractors used for hauling purposes on the
highways.

e) “Corner” with reference to a highway intersection, means the point of intersection
of the prolongation of the lateral curb lines or in the absence of curbs the
prolongation of the edges of the roadways.

f) “Crosswalk” means:

i) that part of a highway at an intersection of two roadways 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 or curbs, from the edges of the roadway, or

ii) any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by signs or by lines or other markings
on the surface.

g) “Curb” includes the edge of the roadway

h) “Designated parking space” means a parking space properly signed for the
exclusive use of a vehicle displaying a permit in accordance with the requirements
of the Highway Traffic Act and the regulations made there under.

i) “Driveway” means the improved land on a highway, which provide vehicular
access from the roadway to the adjacent land.

j) “Gross Weight” means the combined weight of vehicle and load.

k) “Heavy Vehicle” means a motor vehicle:

i) having a carrying capacity in excess of one (1) ton, or

ii) any vehicle having a registered gross weight in excess of three thousand
six hundred twenty-nine kilograms (3,629 kg/8,000 lbs.), or

iii) for which the permit fee under the Highway Traffic Act is based on the
weight of the vehicle and load, in excess of three thousand six hundred
twenty-nine kilograms (3,629 kg/8,000 lbs.), or

iv) which exceeds six point four (6.4) meters (21 feet) in length, or

v) which is equipped with tandem rear axles, or

vi) which is a tow truck, or

vii) which is a bus or a bus converted into a mobile home or used for
commercial purposes, But does not include an authorized County
vehicle

l) “Highway” includes a common and public highway, street, road, lane, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, designed and
intended for, or used by, the general public for the passage of vehicles, includes
the area between the lateral property lines thereof and sidewalks, boulevards and
curbs it may contain and includes a roadway and shoulder.

m) “Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1989, c.198, as
amended.

n) “Intersection” means the area embraced within the prolongation or connection of
the lateral curb lines or, if none, then the lateral boundary lines of two or more
highways that join one another at an angle, whether or not one highway crosses
the other.

o) “Ministry” means the Ministry of Transportation of Ontario.

p) “Motor vehicle” includes an automobile, truck, motorcycle, motor assisted bicycle,
and any other vehicle propelled or driven otherwise than by muscular power.

q) “Municipality” means Municipality of the Corporation of Haldimand County.

r) “One-Way Street” means a street upon which vehicular traffic is limited to
movement in one direction.

s) “Owner” means the person having ownership of, or person having control, charge
or care of a vehicle.

t) “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.

u) “Parking Space” means that part of the roadway, the use of which is designated
for the purpose of parking a vehicle.

v) “Pedestrian” means a person on foot, an invalid in a wheel chair or a child in a
wheeled carriage or in any toy or in any toy vehicle other than a bicycle.

w) “Permit” means a disabled person parking permit issued under the Highway
Traffic Act or a permit, number or either marker or device issued by another
jurisdiction and recognized under that Act;

x) “Person” includes any person, firm, partnership, association, corporation,
company or organization of any kind.

y) “Police Officer” means a member of the Ontario Provincial Police.

z) “Recreational Vehicle” shall mean a vehicle designed to provide temporary living,
sleeping or eating accommodation for travel, vacation, seasonal camping or
recreational use and designed to be driven, towed, transported or relocated from time to time whether or not the vehicle is jacked up or its running gear is removed. A recreational vehicle shall include a motor home, camper trailer, motorized home motorized camper, truck camper, pick-up coach, chassis-mounted camper, slide-in camper, tent trailer, fifth-wheel trailer and park model
trailer and similar mobile vehicles and shall include a mobile home, a motorized
racing vehicle or snowmobile, off-road vehicle, marine craft, whether on a trailer
intended for its transportation or not.

aa) “Roadway” means the part of a highway that is improved, designed or ordinarily
used for vehicular traffic, but does not include the shoulder, and where a highway
includes two or more separate roadways, the term roadway refers to any one
roadway separately and not to all roadways collectively.

bb) “School Bus” means a vehicle designed and used for the transportation of
children to and from school, and that complies with the regulations therefore
made under the Highway Traffic Act.

cc) “Shoulder” means that portion of every street which abuts the roadway and
which is designed and intended for the passage or stopping of motor vehicles but
which extends no more than four meters (4 meters) (12 feet) in width from the
limit of the roadway.

dd) “Sidewalk” means with respect to a street that;

(i) has a curb or curbs, that portion of the street intended for the use of
pedestrians between the outside edge of the curb and the adjacent property
line, or

(ii) with respect to a street without curbs, that portion of the street intended
for the use of pedestrians.

ee) “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 direction of a constable or other
police officer or of a traffic control sign or signal.

ff) “Street” see “Highway”;

gg) “Time” means where any expression of time occurs or where any hour or other
period of time is stated the time referred to shall be eastern. Standard time
except during the periods when daylight saving time is in effect in Haldimand
County, during which period the time referred to shall be one hour in advance
of standard time.

hh) “Traffic Control Device” means any sign, signal or other roadway, curb or
sidewalk marking, or any other device erected or placed under the authority of
this By-law for the purpose of regulating, warning or guiding traffic.

ii) “Vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road
building machine and any vehicle drawn, propelled or driven by any kind of
power, including muscular power, but does not include the cars of electric or
steam railways running only upon rails.

II. Stopping and Parking Regulations

Obedience to Traffic Regulations

2. Notwithstanding the other provisions of this by-law, in the case of fire or
parade, or assembly of persons, congestions of traffic, construction project, or
an emergency, parking may be restricted or prohibited by a Police Officer and
such restrictions shall be complied with.

General Exception

3. a) No person shall place or exhibit any unauthorized sign upon any
        street attempting to regular or prohibit the parking of vehicles on the
        street.

    b) The provisions of Part II of this By-law do not apply to an authorized
        emergency vehicle while engaged in the performance of its duties.

Method of Parking

Parallel

4. No person shall park or stop a vehicle on any street except upon the right hand
side of the street, having regard for the direction in which the vehicle is required
to proceed, and when parked on a roadway, the right front and rear wheels or
runners or the vehicle shall be parallel to and distant not more than .30 m from
the right-hand edge of the roadway adjacent to which the vehicle is parked,
provided this subsection shall not apply where angle parking is authorized by
this by-law, or upon one way streets as authorized by this by-law.

Angle

5. Where angle parking is permitted, no person shall park a vehicle except within
the limits defined by pavement markings as set out in Schedule “I”, attached
hereto; if no pavement markings are visible, no person shall park a vehicle
except at the angle not exceeding sixty degrees (60) with the permitted direction
of travel and in all cases so that the front edge of the roadway, and no person
shall park a vehicle at an angle if,

a) the load carried extends beyond their ear of the vehicle, or

b) the vehicle has attached to it a trailer, or

c) such vehicle obstructs or interferes with traffic in any way while so
parked.

One-Way Streets

6. Persons may park vehicles on both sides of a one-way street in the permitted
locations and facing in the direction in which the vehicle is required to proceed,
provided that, unless otherwise regulated, when parked on the left hand side of
the roadway, determined by the permitted direction of travel, the left front and
left rear wheels or runners of the vehicle shall be parallel to and distant not
more than .15 m. from the edge of the roadway adjacent to which such vehicle
is parked. 

Stopping Prohibited

7. No person shall stop a vehicle on any street in any of the following places;

a) within an intersection or crosswalk, or school crossing, or within 6 metres of
a crosswalk or school crossing,

b) on or over a sidewalk

c) on a boulevard

d) on any street in a manner which obstructs traffic

e) in a position that will prevent the convenient removal of any other vehicle
previously stopped or parked

f) alongside or across the street for any excavation or obstruction in the
roadway when the free flow of traffic will thereby be impeded

g) upon any bridge or within any tunnel or underpass

Stopping Prohibited on Specified Streets

8. No person shall stop a vehicle upon the side or sides of any streets or part of
streets as set out in Schedule “B” attached hereto, when appropriate authorized
signs have been erected and are on display.

Parking Prohibited

9. Unless otherwise permitted in this by-law, no person shall at any time park a
vehicle in any of the following places:

a) in such a manner as to obstruct a sidewalk or boulevard, or crosswalk,
driveway or private access,

b) within 1.5 metres of a point in the edge of a roadway nearest a fire hydrant

c) within an intersection

d) within 9 metres of an intersecting road

e) within 15 metres of any level crossing of a railway

f) on a roadway having an overall width of less than 6 metres

g) for a period of longer than 48 consecutive hours 

h) in front of an entrance to or an exit from a building or enclosure space
which persons may be expected to congregate in larger numbers

i) on any highway for the purpose of displaying the vehicle for sale

j) on any highway for the purpose of washing, greasing, painting or repairing
the vehicle except where such repairs have been necessitated by an
emergency

k) in front of the entrance to a hospital

l) in front of the entrance to a place of worship

m) in such a position as will prevent the removal of any other vehicles
previously parked

n) in front of the entrance to any place where goods or merchandise are
regularly delivered or removed

o) no person shall park a heavy vehicle on any highway in the municipality

p) No person shall park a Recreational Vehicle on a street more than two (2)
occasions, each occasion for a period of no longer than 48 consecutive
hours, within a 7 day period. 

9.1 No person shall stop a vehicle upon the side or sides of any street or part of any
streets, as designated in Schedule “J” as a Tow Away Zone, when appropriate
authorized signs have been erected and are on display.

No Parking on Specified Streets

10. No person shall park a vehicle upon the side or sides of any streets or part of
streets as set out in Schedule “C”, attached hereto, during any of the times
specified therein, when appropriate authorized signs have been erected and are
on display.

Restricted Parking on Specified Street

11. No person shall park a vehicle upon the side or sides of any streets or part of
streets as set out in Schedule “D”, attached hereto during the periods specified
therein and exclusive of those days listed therein, when appropriate authorized
signs have been erected and are on display.

Alternate Side Parking

12. In respect of those streets or part of streets as set out in Schedule “E” attached
hereto, no person shall park any vehicle on that side of the street indicated,
during that part of the month indicated, when appropriate authorized signs
have been erected and are on display.

School Bus Loading Zones

13. No person shall stop, stand or park a vehicle at any school bus loading zones as
set out in Schedule “F”, attached hereto, when appropriate authorized signs
have been erected and are on display.

Municipal Parking Lots

14. No person shall park or stop on the lands as set out in Schedule “G”, attached
hereto, when appropriate authorized signs have been erected and are on display.

Accessible Parking

15. No person shall park a vehicle in designated parking spaces as set out in
Schedule “H”, attached hereto, without displaying a valid permit, when
appropriate authorized signs have been erected and are on display.

Funeral Processions

16. Where the appropriate signs are erected and are on display, no person shall
park a vehicle so as to interfere with the formation of a funeral procession.

Towing

17. Any police officer or Municipal Law Enforcement officer may cause a vehicle to be
taken and stored in a suitable place and all costs relating to the removal, care
and storage thereof shall be a lien upon the vehicle which may be enforced in the
manner provided by the Repair and Storage Liens Act, R.S.O 1990. Chapter R.25,
as is provided for in this section.

17.1 Further to the authorities as set out in Section 17, a police officer or Municipal
Law Enforcement officer upon discovery of any vehicle parked or left in
contravention of one or more of the provisions of this by-law may tow a vehicle:

i. after 15 minutes and issuing a Parking Infraction Notice or, after 15 minutes
without the duty to issue a Parking Infraction Notice as outlined in Section 19 or,
after doing both, where a vehicle is found stopping in a Tow Away Zone, or;

ii. immediately, without the duty to issue a Parking Infraction Notice as outlined
in Section 19, where a vehicle is found parked, stopped or left in a manner that
is an obstruction of highway use or threatens public safety, or;

iii.  in all other cases, after issuing a Parking Infraction Notice and after serving
to the owner or vehicle a Notice of Towing, in the event that the contravention is
a continuing offence, on the day(s) following the issuance of the Parking Infraction
Notice” 

III. Enforcement and Penalties

18. Every person contravening any of the provisions of this By-Law is guilty of an
offence and, on conviction, is liable to a fine as provided for in, and recoverable
under, the Provincial Offences Act, unless the owner proves to the satisfaction of
the Court that, at the time of the offence, the vehicle was in the possession of
another person without the owner’s consent, expressed or implied.

19. When a vehicle is found parked or stopped in contravention of the provisions of
this By-Law, it shall be the duty of the Police Officer or By-Law Enforcement Officer
for the Corporation of Haldimand County, to attach to the vehicle a Parking
Infraction Notice stating

20. Date, time and place of alleged infraction

a) License plate number of vehicle

b) Expiry date of license plate of vehicle.

c) Infraction(s) for which the Notice is being issued.

That parking regulations within this by-law do not apply to any vehicles parked
by any police officer, Municipal Law Enforcement officer, emergency response
vehicle, Haldimand County vehicle or a vehicle used by a Public Utility
maintenance operator when the operator of such vehicle is parked while in the
course of exercising their respective duties

21. The Parking Infraction Notice and Certificate of Parking infraction shall be in the
form as prescribed in Ontario Regulations made under the Provincial Offences
Act.

22. An owner or operator of a vehicle may make early payment within five (5) days in
the amount as shown on the face of the Notice to an office of the Corporation of
Haldimand County.

23. Where the owner or operator of the vehicle fails to make payment within five (5)
days but makes payment within fifteen (15) days of the date of the infraction,
voluntary payment of the set fine as shown on the face of the Notice may be made
to an office of the Corporation of Haldimand County.

24. Each day a violation of this By-law continues shall constitute a separate and
distinct offence under this By-law.

IV. Partial Invalidity

25. Not withstanding any other Parking By-law enacted by the Corporation of
Haldimand County this by-law shall remain in effect.

26. Should any section, clause or provision of this By-law or the application thereof
be held by a court of competent jurisdiction to be invalid or unenforceable to any
extant, the remainder of this By-law and the application thereof to circumstances
other than to those held to be invalid or unenforceable shall not be affected
thereby and each section, clause and provision of this By-law shall be separately
valid and enforceable to the fullest extent permitted by law.

27. Where a form of words or expression are prescribed in this by-law, deviations
there from not effecting the substance, or calculated to mislead, do not vitiate
them.

28. The requirements of this by-law do not nullify the effect and authority of any
other Parking By-law within Haldimand County.

V. Repeal

29. That the former Town of Dunnville By-law 37-98, former Town of Haldimand Bylaw 737/89, former City of Nanticoke By-law 44-82 and former municipality of
Haldimand-Norfolk By-law 173-91 and any amendments thereto are hereby
repealed in their entirety.

VI. Enactment

30. This By-law comes into effect and into force on March 1st, 2003.

31. The short title of this By-law is the Parking Control By-law

Read a First and Second time this 16th day of December, 2002.

Read a Third time and finally passed this 16th day of December, 2002.