96-5
COUNTY OF ELGIN
96-5
"BEING A BY-LAW TO AMEND BY·LAW 90-48, RELATING
TO THE REGIILA TION OF TRAFFIC"
BY-LAW NO.
of the Corporation of the County of Elgin enacted By-Law 90-48 for
of traffic on highways under the jurisdiction of the said
Elgin;
WHEREAS Counci
purposes of regulation
Corporation of the County of
the regulation of parking
relates to
AND WHEREAS Part "c" of the said By-Law 90-48
on the said highways;
Elgin wishes to amend By-
AND WHEREAS Council of the Corporation of the County of
Law 90-48 to create additional parking infractions;
Offences Act (Ontario) relating to
infractions necessitate amendment to Part
Provincial
AND WHEREAS amendments to the
commencement of proceedings for parking
"E" of By-law 90-48;
the Municipal Council for the Corporation of the County of Elgin
NOW THEREFORE
enacts as follows;
the following
By-Law 90-48 shall be amended as follows:
Section 1 of By-Law 90-48 shall be amended by adding
defining paragraphs:
(1)
1
"DESIGNATED PARKING SPACE" or "DESIGNATED DISABLED PERSON
PARKING SPACE" means a parking space located on any public highway
under the jurisdiction of the Corporation of the County of Elgin or on any
property owned or occupied by the Corporation of the County of Elgin or
any local board thereof and designated for parking of vehicles and marked
by an official sign indicating such space to be for the sole use of vehicles
displaying a disabled person parking permit.
a person
a permit, numbered
another jurisdiction and
disabled
DISABLED PERSON PARKING PERMIT" means
parking permit issued under the Highway Traffic Act or
plate or other marker or device issued by
recognized under the Highway Traffic Act.
"GBOSS WEIGHT" means a combined weight of vehicle and load.
issued a
Ontario and who has
who has been
"HANDICAPPED PERSON" means an individua
disabled person parking permit by the Province of
met the requirements of the Highway Traffic Act.
motor vehicle which has a rated
4,535.92 kilograms (10,000 pounds)
HEAVY TRUCK" means any commercial
gross vehicle weight exceeding
which has been
for such
does not
a school
retarded
to
issued under
vehicle, regardless of
include a vehicle operated by or
bus which is in the course of
adults to and from school
2
the current or vehicle
the Highway Traffic Act, or its foreign equivalent
the actual weight of such vehicles, but
registration
permit
according
of the Corporation or
or
mentally
on behalf
transferring children
currently providing as
By-Law 90-48
to Section 22 of
The preamble
follows
(2)
to stop or to
no vehicle shall be permitted
to Section 23 below,
"Subject
be repealed and following preamble substituted
park;
sha
therefor,
Sections 23 and 23a
a vehicle to be
the provisions of
with
park a vehicle or
in conjunction
"Subject to or
permit
no persons shall stop or
below,
stopped or parked'
the following
90-48 shall be amended by adding
Section 23 of By-Law
thereto:
(3)
Trucks_and Buses
PaL kin
paragraphs
"(1)
(i)
a
school or allow or or a
school bus to stand on any highway in any residentia
zone within the territorial limits of
or
a bus
a bus
or
truck
truck,
No person shall park a heavy
a heavy
bus,
(i)
the Corporation of
the County of Elgin and as so identified or designated
under any by-law of either the said Corporation of the
a local located therein
County of Elgin or
municipality
of this section do not
apply to prohibit the parking or standing of any heavy
truck upon a highway in any residential zone while the
(i)
The provisions of subsection
(Ii)
the delivery of
in
goods or services to any premises within such zone or
is actually engaged
operator thereof
to prohibit the parking or standing of any bus or school
the operator
or
.he embarking
that zone.
a highway in such zone while
:1 in I
within
engaged
bus upon
thereof is
disembarking of passengers
actually
Pªrkin
(g)
Space
subsection to this
park a vehicle
to that set
no person or
in a designated disabled person parking space unless
(ii)
nªted Disabled Person Parkin
forth in
organization sha
Subject
(i)
section,
has
to a
a currently valid disabled person parking permit
been issued to that person or
organization
3
passenger being picked up or transported in the
vehicle and such permit is displayed on or in the
vehicle in accordance with the requirements of the
Highway Traffic Act.
(ii) Vehicles displaying currently valid permits, numbered
plates, or other markers and devices bearing the
international symbol of access for the disabled and
issued by other jurisdictions are entitled to the same
privileges as vehicles displaying disabled person
parking permits issued by the Province of Ontario."
(4) Section 23 of the By-Law 90-48 shall be amended by deleting Section 23
(c)(ii) therefrom.
(5) By-Law 90-48 shall be amended by adding the following section:
"23a Parkina in Space Controlled bv Parkin a Meter
(i) Parkina Times
No driver of a vehicle shall park such vehicle in a parking meter
zone between the hours of 9:00 a.m. and 6:00 p.m., Mondays to
Fridays inclusive, and except when such days are legally and
lawfully proclaimed holidays, unless the driver of such vehicle
deposits in the parking meter provided for the parking space the
sums as indicated in Columns 1 and 2 of Schedule "0" hereto and
thereafter activates the meter.
(ii) Maximum Parkina Limit on Meter
(a) No driver of a vehicle shall allow such vehicle to remain
parked for a longer period than that for which payment has
been made in the form of coins deposited in the parking
meter or meters, provided, however, that this shall not
prevent the driver of the vehicle from using the unexpired
time remaining in the meter from its previous use without
depositing a coin therein.
(b) No driver of a vehicle shall allow such vehicle to remain in a
parking space for a longer period than the maximum time
permitted on the parking meter.
4
(b) No driver of a vehicle shall park such vehicle in such a
manner that it is not wholly within the area designated as a
parking space, and if the vehicle is of such length as to
prevent it from being parked within one parking space, then
the person parking same shall make the necessary deposit
of coins in the parking meter or meters for adjoining parking
spaces or parking spaces.
(iv) Parkina Procedures at Meter
No driver of a vehicle shall park such vehicle in a parking space
unless the front and rear of such vehicle is alongside or as close as
is practical to the parking meter provided for such space.
(v) Parking Meter Locations
The highways or parts of highways set out in Column 1 of Schedule
"D" of this by-law are designated as parking meter zones between
the limits set out in Column 2 of the said Schedule..
(vi) Parking Meter Rates
The parking meter rates, as set out in Column 2 of Schedule "D" of
this by-law for the type of parking meter set out in Column 1 shall
be the parking rates for on-street parking as approved by Council."
(6) Part "E" of By-Law 90-48, paragraphs 25 through 31 inclusive, as currently
amended, is hereby repealed and the following provisions substituted
therefor:
PART "E"
PAYMENT OF PENALTIES OUT OF COURT
25 PROVISIONS FOR PENALTIES
(a) n this paragraph
(i) "any provision of this By-Law" means any provision of this
By-Law for the contravention of which the Municipal Act
permits a procedure for the voluntary payment of penalties
out of court,
(íí) "parking infraction" means any unlawful parking, standing or
stopping of a vehicle that constitutes an offence.
5
(b) A specified penalty payable out of court within seven days time may
be imposed for the contravention of any provision of this By-Law
that constitutes a parking infraction, by the inclusion in a parking
infraction notice under Part" of the Provincial Offences Act of the
words and penalties set out in Schedule "F" to this By-Law.
26 METHOD OF PAYING VOLUNTARY PENALTY
An early penalty payment out of court may be made on or before the date
specified on the parking infraction notice by a cheque or money order
payable to the Corporation of the County of Elgin sent by prepaid mail to
an address or post office indicated on the parking infraction notice and on
such payment being made, no further proceedings will be taken.
27. DEFAULT IN PAYING VOLUNTARY PAYMENT
If default is made in paying a penalty out of court in accordance with this
part. any fine imposed under this By-Law for the contravention thereof shall
be recoverable under the provision of the Provincial Offences Act, all the
provisions of which shall apply.
PART "F"
GENERAL PROVISIONS
28 GENERAL PENALTY
Except where otherwise expressly provided by this By-Law or the Hiqhwav
Traffic Act, every person who
(a) contravenes any provision of this By-Law;
(b) is the owner of a vehicle that is parked or stopped in contravention
of any provision ofthis By-Law; or
(c) is guilty of an offence and on conviction is liable to a fine not
exceeding Two Thousand Dollars ($2,000.00), exclusive of costs.
29 ILLEGALLY PARKED VEHICLES
Where a vehicle has been parked, stopped or left standing in contravention
of this By-Law, the owner of the vehicle, notwithstanding that he was not
the driver of the vehicle at the time of the contravention of the By-Law, is
guilty of an offence and is liable to the fine prescribed for the offence
unless, at the time of the offence. the vehicle was in the possession of
some person other than the owner without the owner's consent.
6
OV8L_QE VEHICLE~
Any officer duly appointed or otherwise holding jurisdiction for enforcement
of the provisions of this By-Law and/or the Hi Traffic Act, upon
BE
30.
n contravention ofthis By-Law, may cause
lM~ .. stored in a suitable place and all
nd storage thereof, in any, are a
.-M' in the matter
.uccessor
discovery of any vehicle parked
it to be moved or taken to and plåwY 0,
provided by
legislation.
costs and charges for removing
may be enfo.wo
Uen8ct or
lien upon the vehicle, which
Section 52 of the Mechaniciõ'
AUTHORITY TOENEORCETtUs BY-LAW
Any by-law enforcement officer duly appointed by the Corporation and any
police officer holding jurisdiction within the territory limits of the County of
Elgin is authorized to enforce the provisions of this By-Law. n addition
any other officer
31
appointed by Council for the Corporation of the County of
of the non-moving violations of this
such non-moving violations. For the
Provincia
Elgin for purposes of enforcement
By-Law is authorized to enforce
purposes as so set forth, the said officers shall be considered
Offences officers for purposes of enforcement of this By-law.
32
herein shall be
'~'-':-'. and any
the ~rovincial
~n ~ment of
~ )rovincial
E'ROVINCI8L OFEENQESACT (ONTARIO
Et-IEORCEMEfIIT
forth above, enforcement
Offences Act (0, ,.~. 'VI
and
Subject to any provisions set
pursuant to the provisions ofthe Provincia
By-Law
that relati,."
favour of
of th is
save and except
shall be resolved in
conflict between the provisions
Offences Act (Ontario),
penalties out of court,
Offences Act (Ontario)
EXCESS _COINS AND PARKlhlG ~ETERS
Where a person deposits one or more coins in a parking meter in excess
of that required for the parking time allowed by the meter, no change shal
be remitted and no increase time shall be allowed
33.
in parking
EXECUTIVE8CTS AUTHORIZED
34.
The Warden and
and the Warden and the Clerk-Administrator are hereby authorized to
execute on behalf and under seal of the Corporation any document
necessary
things
the Administration are hereby authorized to do a
this by-law
to give effect to
are
no part of the by-law but
I::tEADlt-I~S NOT PART OF BY-LAW
form
reference only.
The headings in the body of this by-law
inserted for convenience of
35
7
DEVIATION FROM FORMS
Where a form of words or expressions are prescribed in any schedule
to this by-law, deviations therefrom not affecting the substance or
calculated to mislead do not vitiate them.
36
CONFLICT WITH fllGHW A Y TRAFFIC ACT
In the event of conflict between the provisions of this by-law and the
Hi Traffic Act, the provisions of the Act prevail.
37
FORMER BYeLAWS REPEALED
By-Law 90-26, and all other by-laws pertaining to the regulation of
traffic and parking on highways in the County of Elgin that are
inconsistent with the terms of this by-law be and the same are hereby
38
repealed
THAT By-Law 90-48 shall be amended by adding, as Schedules "D'
"E", and "F", relating to parking meter rates, parking meter locations,
and penalties, respectively, the Schedules so lettered and attached to this
amending by-law.
5
THAT this By-Law shall not become effective until approval of
Schedule "F" is received from the Ministry of the Attorney General, and
then forwarded to the Regional Judge for signature of an Implementing
Order.
6
THAT once all approvals have been received, local municipalities may
enter into an agreement, attached as Schedule "G", and appoint a By-
Law Enforcement Officer (s) to carry out the provisions of this By-Law.
7
1996
1996
READ a Third time and finally passed this 22nd day of February,
READ a First and Second time this 22nd day of February,
Ma: d,
County Administrator/Clerk
SCHEDULE "D'
PARKING METER RATES
Column 1 Column 2
Maximum Time Period Parkina Meter Rates
SCHEDULE "E"
PARKING METER LOCATIONS
Column 2 Column 3
Side From To
1
COlUmn
Hiqhwav
F'
Parking Infractions
SCHEDULE
Penalties
Voluntary
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
Fine
Set
Section
Offence
Park on highway
display for sale
1
$20.00
9
Park on sidewalk/crosswalk
crossover/backward
2
$20.00
22( 1 )
Park blocking lane/driveway/
3
$20.00
22(2)
alley
Park within 1 meter of lane/
driveway/alley
4
$20.00
22(2)
15 meter from
22(3)
than 0
Park more
curb
5
$20.00
roadway side of
Park on
vehicle
6
$20.00
22(4)
Park on left side of roadway
where prohibited
7
$20.00
22(5)
$20.00
22(6)
traffic
Park within 8 metres of
fire hal
obstructing
Parked
8
9
$20.00
22(7)
Park within 30 metres of
fire hal
10
$20.00
22(7)
Park within 9 metres of
ntersection
11
$20.00
22(8)
$20.00
22(9)
Park on bridge/subway
to bridge/
Park on approach
subway
12
13
$20.00
22(9)
Park within 3 metres of
fire hydrant
14
$20.00
$20.00
22(10)
22(11 )
Park within 2 metres of
entrance to public building
15
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
2
16 Park within 15 metres of
intersection with
signal lights 22(12)
17. Park within 15 metres of
railway crossing 22(13)
18 Park preventing removal of
other vehicle 22(14)
19 Park on highway - travelled
portion less than 6 metres 22(15)
20 Park within 15 metres of
pedestrian crossover 22(16)
21 Park alongside railway
tracks 22(17)
22 Park adjacent to railway
tracks 22( 17)
23 Park within loading zone 22(18)
24 Park in signed area where
prohibited 22(19)
25 Park in signed area -
emergency vehicles only 22(20)
26 Park in signed area -
contrary to restrictions 23(b)
27 Park in excess of (5/3)
hours 23(c)
28 Park between 3:00 a.m. and
5:00 a.m. 23(d)
29 Park in winter - right hand
wheels of vehicle not as
close as practical 22(3)
30 Park left hand wheels of
vehicle more than 0.3 metres
from curblane 23(e)
31 Park in winter - left hand
wheels of vehicle not as
close as practical 23(e)
$15.00
$35.00
$7.50
$7.50
$7.50
$15.00
$15.00
$15.00
$20.00
$50.00
$10.00
$10.00
$10.00
$20.00
$20.00
$20.00
3
32. Park (heavy truck!bus!
school bus) on highway in
residential zone 23(f) (i)
33. Park in designated disabled
person parking space 23(g)
34. Park at meter - fail to
deposit monies 23a(i)
35. Park at expired meter - longer
than deposit paid 23a(ii)(a)
36. Park at expired meter - longer
than maximum time 23a(ii)(b)
37. Park at meter - deposit of
invalid coinage 23a(iii)(a)
38. Park at meter - outside
meter zone 23a(iii)(b)
39. Park at meter - too far
from meter 23a(iv)
By-Law No. 96-5
SCHEDULE "G"
A G R E E MEN T
Agreement made in triplicate this day of A.D., 19
BETWEEN:
THE CORPORATION OF THE COUNTY OF ELGIN
HEREINAFTER CALLED "THE COUNTY II
OF THE FIRST PART
- AND -
THE CORPORATION OF THE -
HEREINAFTER CALLED liTHE "
-
OF THE SECOND PART
WHEREAS the Council of the Corporation of the County of Elgin
did pass By-Law No. 94-42 on September 27, 1994, thereby authorizing the
Warden and the Clerk to enter into certain agreements setting out certain
terms and conditions, with various lower tier constituent municipalities
under which they may provide County by-law enforcement and;
WHEREAS it is appropriate to outline said terms and conditions in
an agreement;
NOW THEREFORE, the following agreement comes into force and takes
effect when all parties have signed the said agreement.
TERMS AND CONDITIONS
1. The employee of the who is
responsible for enforcement of County by-laws shall be a duly appointed
Provincial Offences Officer.
2. The shall be responsible for enforcing the county of
Elgin's IINo Parking" regulations on lands adjacent to
property only and at no cost to the County.
3. Any litigation costs associated with said enforcement shall be
the sole responsibility of the .
4. The will use County of Elgin parking tickets when
issuing tickets for parking infractions.
5. The fines collected from said tickets will be collected and
retained by the .
6. THIS AGREEMENT shall ensure to the benefit of and be binding upon
the Parties hereto, their successors and assigns and may be altered by
agreement of both Parties in writing.
2
IN WITNESS THEREOF the Parties have hereunto affixed their
respective corporate seals duly attested by the hands of their proper
signing officers in that behalf.
THE CORPORATION OF THE THE CORPORATION OF THE
COUNTY OF ELGIN
REEVE WARDEN
CLERK ADMINISTRATOR/CLERK
WITNESS WITNESS
- -
DATE DATE
L'HONORABLE DONALD EBBS
JUGE PRINCIPAL RÉGIONAl
REGION DU SUO-OUEST
COUR DE JUSTICE DE L'ONTARIO
(DIVISION PROVINCIAlE)
COURT HOUSE
80 DUNDAS STREET
PO. BOX 5600, TERMINAL 'A'
LONDON, ONTARIO N6A 2P3
TEL. (519) 660-2292
FAX (519) 660·2294
IM~
ßj- liÁ lA) *
qG-<;
THE HONOURABLE DONALD EBBS
REGIONAL SENIOR JUDGE
SOUTHWEST REGION
ONTARIO COURT OF JUSTICE
(PROVINCIAL DIVISION)
Q~[~OO
m~i¡~'
It).¡;' \;:;ì ",,'
996
COUNT'( Of ELGIN
ClEI1K'g OFFICE
AUG I 5
County of Elgin
450 Sunset Drive
St.Thomas, Ontario
N5R 5V1
1996
August 8
I
Part
"
Re Set Fines Provincial Offences Act
Bv-law Number 90-48 as amended bv 96-5
Mr. McDonald:
Dear
for By-Law No
and a copy of a schedule of set fines
indicated in the schedule
Enclosed herewith is a copy of an Order
90-48 as amended by By-law 96-5
short form of wording used to
of the
the By-law
my approval
The setting of the fines does not constitute
describe the offences
I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court,
Provincial Division in St. Thomas, together with a certified copy of the By-law,
Yours truly
Donald Ebbs
Regional Senior Judge
Southwest Region
Enclosures
DAE/ha
$'.J: LJ
~/,~/3.~~
Senior Justice of the Peace
Allan Murphy, Acting Regional
c.c
PROVINCIAL OFFENCES ACT
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court (provincial Division), that the amount set opposite
each of the offences in the schedule of offences under the Provincial Statues and
Regulations thereunder and Municipal By-law No. 90-48 as amended by By-law
96-5 of The Corporation of the County of Elgin, attached hereto is the set fine
for those offences. This Order is to take effect August 8. 1996
Dated at London this 8th day of August, 1996
~
Donald Ebbs
Regional Senior Judge
Southwest Region
Voluntarv
$'15.00
$15.00
$'15.00
$'15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
SCHEDULE "F'
Penalties - Parking Infractions
Offence Section Fine
Set
1 Park on highway
- display for sale 9 $20.00
2 Park on sidewalk/crosswalk
crossover/backward 22( 1) $20.00
3 Parll blocking lane/driveway/
alley 22(2) $20.00
4. Park within 1 meter of lane/
driveway/alley 22(2) $20.00
5. Park more than 0.15 meter from
curb 22(3) $20.00
6. Park on roadway side of
vehicle 22(4) $20.00
7. Park on left side of roadway
where prohibited 22(5) $20.00
B. Parlled - obstructing traffic 22(6) $20.00
9. Park within 8 metres of
fire hall 22(7) $20.00
10. Parll within 30 metres of
fire hall 22 (7) $20.00
11. Park within 9 metres of
intersection 22(8) $20.00
12. Park on bridge/subway 22(9) $20.00
13. Park on approach to bridge/
subway 22(9) $20.00
14. Park within 3 metres of
fire hydrant 22(10) $20.00
15. Park within 2 metres of
entrance to public building 22(11) $20.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
$15.00
2
ParI< within 15 metres of
intersection with
signal lights
16
$20.00
22(12)
Park within 15 metres of
railway crossing
17
$20.00
22(13)
removal of
Parl< preventing
other vehicle
18
$20.00
22(14)
ParI< on highway travelled
portion less than 6 metres
19
$20.00
$20.00
5)
22(16)
22(
15 metres of
crossover
Park wlthlll
n
peclestria
20.
railway
ParI< alongside
tracks
21
$20.00
22(17)
railway
Park adjacent to
tracks
22
$20.00
22(17)
$20.00
$20.00
22(18)
22(19)
loading zone
ParI< in signed area where
prohibited
Park within
23
24
ParI< in
emergency vehicles only
signed area
25
$20.00
22(20)
in signed area
restrictions
ParI<
contrary to
26
$20.00
23(b)
Park in excess of (5/3)
hours
27
$20.00
23(c)
and
3:00 a.m
Park between
5:00 a.m
28
$20.00
23(d)
ParI< in winter - right hand
wheels of vehicle not as
29
close as practica
$20.00
22(3)
ParI< left hand wheels of
vehicle more than 0.3 metres
from curb lane
30
$20.00
23(e).
Park in winter - left hand
wheels of vehicle not as
31
$20.00
23(e)
close as practical
$·15.00
$35.00
$7.50
$7.50
$7.50
$15.00
$15.00
$15.00
$20.00
$50.00
$10.00
$10.00
$10.00
$20.00
$20.00
$20.00
3
32. Park (heavy truck/bus/
school bus) on highway in
residential zone 23(f) (i)
33. Park in designated disabled
person parking space 23(g)
34. Park at meter - fail to
deposit monies 23a(i)
35. Park at expired meter - longer
than deposit paid 23a(ii)(a)
36. Park at expired meter - longer
than maximum time 23a(ii)(b)
37. Park at meter - deposit of
invalid coinage 23a(iii)(a)
38. Park at meter - outside
meter zone 23a(iii)(b)
39. Park at meter - too far
from meter 23a(iv)