Winter Parking Control 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) "Curb" includes the edge of the roadway.

e) “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.

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

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

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

i) “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.

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

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

l) “Residential” means any location within the urban areas, hamlet areas and designated resort residential zones as designated in the area Official Plans.

m) “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.

n) “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.

o) “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.

p) “Snow Route” identifies a highway or street listed in Schedule “A” of this By-law.

q) “Street” see “Highway”;

r) “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.

s) “Rural” means any location not within the urban areas, hamlet areas and designated resort residential zones as designated in the area Official Plans.

t) “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. General Provisions

2. Snow Routes - No person shall permit, park or leave a vehicle on a highway designated as a “Snow Route”, as set out in Schedule “A” attached hereto, between the hours of 2:00 a.m. and 8:00 a.m. from November 15th of any year until April 15th of the following year.

3. Rural Areas - No person shall permit, park or leave a vehicle on a highway, in any rural area from November 15th of any year until April 15th of the following year.

4. Residential Areas - Where parking is permitted within a residential area on both sides of a highway or street, excluding the urban area of Dunnville and streets as set out in Schedule “C” attached hereto:

a) No person shall permit, park or leave a vehicle on such highway, on the side where municipal numbers (911 numbers) are even in number; from the time of 6:00 p.m. on the 1st day of any month until the time of 6:00 p.m. of the 15th day of the same month from November 15th of any year until April 15th of the following year.

b) No person shall permit, park or leave a vehicle on such highway, on the side where municipal numbers (911 numbers) are odd in number; from the time of 6:00 p.m. on the 15th of any month until the time of 6:00 p.m. of the 1st day of the following month from November 15th of any year until April 15th of the following year.

5. Where parking is permitted within a residential area;

a) Only on one side of any highway, no person shall permit, park or leave a vehicle on such highway, from November 15th of any year until April 15th of the following year, excluding the urban area of Dunnville and streets as set out in Schedule “C” attached hereto.

b) No person shall within a residential area, permit, park or leave a vehicle on a highway as set out in Schedule “D” attached hereto, from November 15th of any year until April 15th of the following year.

6. No person shall within a residential area, permit, park or leave a vehicle in a cul-de-sac or dead-end street turn around, from November 15th of any year until April 15th of the following year, excluding the urban area of Dunnville and cul-de-sac or dead-end streets as set out in Schedule “C” attached hereto.

7. Where, within a residential area, any street or cul-de-sac, contains within it, divided lanes, by means of a boulevard, island or ditch, no person shall permit, park or leave a vehicle on such a street, from November 15th of any year until April 15th of the following year, excluding the urban area of Dunnville and any street set out in Schedule “C” attached hereto.

8. School loading zones - No person shall permit, park or leave a vehicle in any signed school loading zone.

9. Parking in contravention - No person shall permit, park or leave a vehicle:

a) Where snow and ice is being removed, in any location in contravention of this By-Law

b) In such a manner as to interfere with snow plowing or snow removal where ‘No Parking’ signs have been temporarily placed by the Municipality or its authorized agent to accommodate winter control activities.

10. Remove within one hour - Any vehicle which has been parked or left on a highway or street in contravention of this by-law prior to the commencement of or during the removal of the snow or ice shall be removed by the owner within one (1) hour after the commencement of such work.

11. Towing - Any police officer or by-law enforcement officer upon discovery of any vehicle parked or left in contravention of one or more of these provisions may cause it 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.

III. Enforcement and Penalties

12. 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.

13. 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.

a) Date, time and place of alleged infraction

b) License plate number of vehicle.

c) Expiry date of license plate of vehicle.

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

14. 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.

15. 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.

16. 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.

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

IV. Partial Invalidity

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

19. 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.

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

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

V. Repeal

22. That any sections of By-laws 37-98 of the former Town of Dunnville and 737/89, as amended, of the former Town of Haldimand making reference to the snow routes as contained within this by-law be repealed.

VI. Enactment

23. This By-law comes into effect and into force on February 1st, 2003.

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

Read a First and Second time this 25th day of November, 2002.

Read a Third time and finally passed this 25th day of November, 2002.