THE CORPORATION OF THE TOWNSHIP OF NIPISSING

BY-LAW NO. 2007-1203

PARKING BY-LAW INDEX

1. Definitions

2. Enforcement

3. General Stopping and Parking Regulations

4. Stopping and Parking Restrictions

5. Restricting Traffic

6. Roads Signed

7. Loading and Unloading

8. Parking on Private Property and Property of Public Authority

9. Boulevard Parking

10. Exemption Special Functions

11. General

12. Provisions Separate and Independent

13. Penalties

14. Schedules

THE CORPORATION OF THE TOWNSHIP OF NIPISSING

BY-LAW NO. 2007-1203

PARKING BY-LAW

Being a by-law to regulate the parking of vehicles within the Township of Nipissing.
______________________________________________________________________________

WHEREAS:
1. by section 10(1), a single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public.

2. it is deemed expedient to prohibit or regulate parking, standing or stopping of vehicles on highways or any part of a highway, and to provide for the removal and impounding of vehicles at the owners expense.

3. by section 101(1) of the Municipal Act, 2001, c. 25 as amended, Municipalities may pass By-laws regulating or prohibiting the parking or leaving of motor vehicles on land.

BE IT ENACTED AS A BY-LAW OF THIS MUNICIPALITY AS FOLLOWS:

1. Definitions

1.1 AAuthorized Emergency Vehicle@, means a vehicle of the Fire Department, Police Vehicle, Ambulance and emergency vehicles of other Municipal Departments.

1.2 “Boulevard” means that portion of the highway at the side of or adjacent to such highway not normally used for pedestrian or vehicular traffic and exclusive of any part of such highway coming within the definition of “sidewalk” herein.

1.3 AMunicipal Law Enforcement Officer@ means a person appointed by the Council of the Township of Nipissing as a Municipal Law Enforcement Officer to enforce the parking, stopping, standing, removal, and impounding of vehicles, according to the provisions of this By-law.

1.4 ADouble Parking@ means the parking of a motor vehicle on a highway where the vehicle is parked parallel to another vehicle illegally parked on the highway.

1.5 ADriver@ means a person who drives or is in care or control of a vehicle.

1.6 AHighway@ includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, or any part of which is intended for or used by the general public for the passage of motor vehicles and includes the area between the lateral property line thereof.

1.7 AIntersection@ 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 crosses the other.

1.8 AMotor Vehicle@ includes an automobile, motorcycle and any other vehicle propelled or driven otherwise than by muscular power, or a motorized snow vehicle, a motor assisted bicycle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine.

1.9 AMotorized Snow Vehicle@ means a self-propelled vehicle designed to be driven exclusively on snow or ice or both.

1.10 AOwner of Vehicle@ means the person to whom a vehicle is registered under the Highway Traffic Act.

1.11 APark@ or AParking@, when prohibited, means the standing of a vehicle, whether occupied or not on a highway, roadway, or municipally owned lands. Excluded from this definition are vehicles standing temporarily for the purpose of and while actually engaged in loading or unloading goods, wares, merchandise or passengers.

1.12 APedestrian@ means a person afoot, or an invalid or child in a wheelchair or carriage.

1.13 APolice Officer@ means a member of the police force of the Ontario Provincial Police.

1.14 ARoadway@ means that portion of a street improved, designed or ordinarily used for vehicular traffic.

1.15 “Sidewalk” means that portion of a highway at the side of or adjacent to such highway normally used for pedestrian traffic only and exclusive of any part of such highway coming within the definition of “boulevards” herein.

1.16 ATraffic@ includes vehicles, pedestrians, ridden or herded animals, and other conveyances either singly or together while using any street for the purposes of travel.

1.17 ATraffic Control Device@ means any sign or roadway markings placed under the authority of the Council for the purpose of guiding or directing traffic.

1.18 “Traffic Control Signal” means any device manually, electrically or mechanically operated for the regulation or control of traffic.

1.19 “U-turn” means the turning of a vehicle within a roadway so as to proceed in the opposite direction.

1.20 AVehicle@ includes a motor vehicle, trailer, traction engine, farm tractor, road building machine, bicycle 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. Enforcement
O.P.P.
2.1 The Ontario Provincial Police may enforce the provisions of this By-law.

Municipal Law Enforcement
2.2 That the Council may appoint one or more persons as Municipal Law Enforcement Officers to enforce the provisions of this By-law.

Provincial Offences Act
2.3 Where a vehicle is found parked in contravention of any of the standing, stopping or parking provisions of this or any other By-law of the Corporation of the Township of Nipissing, an Officer who is responsible for the enforcement of this By-law so finding the vehicle may commence proceedings for parking infractions under Part 2 of the Provincial Offences Act, R.S.O. 1990, Chapter P.33.

Impounding
2.4 In addition to and notwithstanding Section 2.3 of this By-law where a vehicle is found parked in contravention of the standing, stopping or parking provisions of this By-law a Municipal Law Enforcement Officer or an Ontario Provincial Police Officer, may cause the vehicle to be moved or taken to and placed or stored in a suitable place and all costs or charges for removing, care and storage shall be a lien against the vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act.

3. General Stopping and Parking Regulations

3.1 No person shall park or stop any vehicle on any road unless on the right hand side of the roadway having regard to the direction in which the vehicle was traveling, with the right front and rear wheels parallel to and not more than .30 metres (12″) from the right hand limit of the roadway as practicable, without stopping or parking over a sidewalk or footpath or over any part of the highway where grass has grown or which is not intended for the use of vehicles but this section shall not apply where angle parking is specifically authorized under this By-law.

3.2 Where angle parking is permitted on a roadway, no person shall stop or park any vehicle except at an angle from the curb or boundary of the roadway with the front end of the vehicle at such curb or boundary.

4. Stopping and Parking Restrictions
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with a traffic control signal, sign device or the directions of a Police Officer, in any of the following places:
Sidewalk
4.1 on a sidewalk or on a boulevard except as permitted herein.
Private Driveway
4.2 in front or within 3 metres (10 feet) of a public or private driveway.

Intersection
4.3 within 9 metres (30 feet) of an intersection unless otherwise signed.
Bridge
4.4 on any bridge or approaches thereto
Time Limit
4.5 on any roadway in excess of 48 hours
Double Parked
4.6 double parked on the roadway side of any vehicle stopped or parked at the edge or curb of a roadway
Interference
4.7 in such a place or position as to prevent the convenient removal of any other vehicle previously parked or standing
Municipal Property
4.8 on property owned or occupied by the Municipality or any local Board thereof without the consent of the Municipality or local Board, as the case may be. For the purpose of this section, land owned by the Municipality includes a parcel of land, all streets, Municipal parking lots and road allowances within the Municipality whether or not such streets or road allowances have been assumed by the Municipality for use by the public. Vehicles parked on streets within the Municipality or in Municipal parking lots in accordance with the provisions of this By-law shall be deemed to have been parked with the consent of the Municipality.

5 Restricting Traffic
5.1 No person shall park any vehicle upon a roadway in such a manner or under such conditions as to leave available less than 3 metres (10 feet) of the width of the roadway for the free movement of vehicular traffic.

6. Roads Signed

6.1 Where signs to that effect are displayed, no persons shall park a vehicle on any road at the side and between the limits as set out in Schedule AA@ attached hereto and forming part of this By-law.

6.2 Where signs to that effect are displayed, no person shall park a vehicle in excess of the time or during the limits of time posted on the roadways listed on Schedule AC@ attached hereto and forming part of this By-law.

7. Loading and Unloading
7.1 No person shall load or unload a vehicle excepting where signs have been placed to permit loading or unloading. Notwithstanding the foregoing where no signs have been placed and such loading and unloading is required for the carrying on of a legal business, such vehicles shall be loaded or unloaded from the side where practicable and shall be parked as close as possible to the traveled portion of the street. No person shall leave a vehicle standing backed up to the edge of a street except during the actual loading or unloading and in any case no longer than is reasonably required for the loading or unloading operation and further no person shall park or leave a vehicle standing so as to obstruct the entrance to any lane or driveway into private or public property or into any garage or other building.

8. Parking on Private Property and Property of Public Authority

8.1 No person shall park or leave a motor vehicle:
Private Property
a) on private property without the consent of the owner or occupant of the property;
Public Authority
b) on property owned or occupied by a public authority or any local board without the consent of the public authority or local board, as the case may be; and
Conditions of Parking
8.2 Where signs have been posted, stating conditions on which a motor vehicle may be parked or left on the property, or prohibiting the parking or leaving of a motor vehicle on the property, a motor vehicle parked or left on the property contrary to such conditions or prohibitions shall be deemed to have been parked or left without consent.

Impounding
8.3 A Municipal Law Enforcement Officer or an Ontario Provincial Police Officer, upon discovery of any vehicle parked or standing in contravention of the provisions of this section may cause it to be moved or taken to and placed or stored in a suitable place, at the owner=s expense, and all costs and charges for removing car and storage thereof, if any, are a lien upon the vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act.
9. Boulevard Parking
9.1 The Council, on application, may by Resolution and subject to conditions it deems advisable, permit parking on a boulevard in front of a premises owned by the applicant, between the sidewalk and curb limits or lateral lines of a roadway on the no parking side of any street or highway.

10. Exemption Special Functions
10.1 The Council, on application, may by Resolution and subject to conditions it deems advisable direct that any section of this By-law not be enforced for a period of time, to be set out by Council, for the purpose of a function deemed to be in the best interests of the Township of Nipissing.
11. General
Time References
11.1 Wherever in this By-law a time of day or hour is referred to the time shall be construed in accordance with standard time or day light saving time, as may be in current official use in the Township of Nipissing.
Provisions Separate and Independent
12. All sections of this By-law shall be deemed to be separate and independent and the invalidity of any section or provision hereof shall not effect the remaining sections.
13. Penalties
13.1 Any person contravening or failing to comply with any of the provisions of this By-law is guilty of an offence and upon conviction thereof is liable to a fine or penalty as provided for in the Provincial Offences Act.
13.2 Notwithstanding any other provisions of this Section in respect to penalties for violation of the parking provisions of this By-law, any person may, upon presentation of a Certificate of Parking Infraction issued by a Municipal Law Enforcement Officer, alleging commission of an offence under this By-law, pay out of Court within seven days from the day of issue of the said tag, the voluntary payment as prescribed in Schedule AB@ or after seven days and within 15 days the set fine as prescribed in Schedule AB@.
14. Schedules
14.1 There shall be attached to this By-Law the following schedules:
Schedule A – Regulating those areas where parking is regulated.
Schedule B – Set fines and voluntary payment.
Schedule C – Regulated parking times.
Schedule D – Prohibited stopping areas.
15. That this By-law shall come into force and effect on the date of passing thereof.

By-law read a first and second time this 20th day of November, 2007.
By-law read a third and finally passed this 20th day of November, 2007.

CORPORATION OF THE
TOWNSHIP OF NIPISSING

__________________________________________
Wendy Billingsley, Mayor

__________________________________________
Cindy Piper, Clerk-Treasurer

SCHEDULE AA@
THIS IS SCHEDULE A TO BY-LAW NO. 2007-1203
THE CORPORATION OF THE TOWNSHIP OF NIPISSING
THE PARKING OF VEHICLES IS REGULATED IN THE FOLLOWING AREAS:

1. Unopened Road Allowance between Concession 18 and 19, Lot 11 and the abutting Shore Road Allowance.

2. Block 20, Plan 42M559.

3. Birchgrove Drive, Rocky Shore Drive, Sunset Cove Road – No parking within 500 feet of the intersection of these roads at Concession 18 and 19, Lots 10 and 11.

4. Turn around at the end of Sandy Bay Road.

5. Bear Creek Road and adjacent land 42R-14719, Part 1 and Part of PSR 534, Part 10.

6. Lake Nipissing Road 42R-13453, Parts 5, 6, 9, 7, 19, 21, 11, and 13.

7. Chapman’s Landing 50 feet from waters edge. Concession 11, Part Lot 14.

8. Boat Launch, McQuaby Lake – road allowance 50 feet from the waters edge. Con 7, Part Lot 27.

Schedule AB@

THIS IS SCHEDULE B TO BY-LAW NO. 2007-1203

Description Provision Voluntary Set
Of Offence Creating or Payment Fine
Defining Within
Offence 7 Days

1. Improper parallel
park or stop 3.1 $10.00 $15.00

2. Park, stand or
stop on a sidewalk
or a boulevard 4.1 $10.00 $15.00

3. Park, stand or stop
within 3 metres
of a driveway 4.2 $10.00 $15.00

4. Park, stand or stop
within 9 metres of
an intersection 4.3 $10.00 $15.00

5. Park, stand or stop
on a bridge or
approach to a bridge 4.4 $10.00 $15.00

6. Park on a roadway
in excess of 48
hours 4.5 $10.00 $15.00

7. Double park 4.6 $10.00 $15.00

8. Park, stand or stop
preventing removal
of other vehicles 4.7 $10.00 $15.00

Schedule AB@ to By-law No. 2007-1203 (cont=d)

9. Park on municipal
property without
permission 4.8 $10.00 $15.00

10. Park restricting the
traffic lane to less
than 3 metres 5.1 $17.00 $25.00

11. Park in contravention
of posted signs 6.1 $15.00 $20.00

12. Park in contravention
of posted signs B
prohibited times 6.2 $15.00 $20.00

13. Park, stand or stop
improperly while
loading or unloading 7.1 $10.00 $15.00

Schedule AC@

THIS IS SCHEDULE C TO BY-LAW NO. 2007-1203

THE PARKING OF VEHICLES IS REGULATED DURING SPECIFIC TIME LIMITS IN ACCORDANCE WITH THE TIME LIMIT POSTED ON THE FOLLOWING HIGHWAYS OR MUNICIPAL PROPERTY:

Maximum Hours in
Time Effect
Highway Description Limit

1. (Schedule A) Unopened Road Allowance
Between Concession 18 and 19,
Lot 11 and the abutting Shore
Road Allowance 8 p.m. – 6 a.m.

2. (Schedule A) Block 20, Plan 42M559 8 p.m. – 6 a.m.