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By-Law 15 of 2021

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By-Law 15 of 2021 CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES BY-LAW NUMBER 15 OF 2021 BEING A BY-LAW TO REGULATE PARKING WHEREAS Section 11 of the Municipal Act, R.S.O. 2001, c. 25, as amended enables the council of a local municipality to pass by-laws respecting parking within the Municipality; AND WHEREAS pursuant to the Municipal Act, R.S.O. 2001, c. 25, as amended, a municipality may pass by-laws respecting the parking of vehicles on highways and on other lands, including by-laws to designate parking spaces for the exclusive use of certain vehicles, and to impose fees for parking; AND WHEREAS Section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, provides that a municipality may pass by-laws for designating private roadways as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle or vehicles left along any fire routes so designated at the expense of the owner thereof; AND WHEREAS the Council of the Corporation of the Municipality of Lambton Shores deems it expedient to regulate the parking of vehicles within the Municipality; THEREFORE the Council of the Municipality of Lambton Shores enacts as follows: 1. Definitions and Interpretations 1.1 In this by-law, “Accessible Parking Space” means parking space designated under this by-law for the exclusive use of a vehicle displaying an original and current accessible parking permit in accordance with the requirements of the Ministry of Transportation, the regulations under the Highway Traffic Act and this by-law. “By-Law Enforcement Officer” means a person duly appointed by the Corporation of the Municipality of Lambton Shores for the purpose of enforcing or carrying out the provisions of Municipal by-laws. “Commercial Motor Vehicle” means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractors used for hauling purposes on the highway. “Driveway” or “Laneway” means that portion of a lot used for or intended as an entrance to a lot. “Fire Route” means any portion of a roadway where official signs designating a “Fire Route” are erected. 2 “Highway” or “Street” shall include a common and public highway, street, avenue, boulevard, crescent, cul-de-sac, court, parkway, driveway, square, place, shoulder, bridge, viaduct, or trestle, or the like, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. “Intersection” shall mean 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 highway crosses the other. “Motor Vehicle” includes an automobile, motorcycle, motor assisted bicycle, and any other vehicle propelled or driven otherwise than by muscular power. “Motorcycle” means a self-propelled vehicle having a seat or saddle for the use of the driver and designated to travel with not more than 3 wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle. “Multi Passenger Vehicle” means a motor vehicle designed for carrying eleven or more passengers and use for the transportation of persons. “Municipal Parking Lot” means land, structures or portions of any street which may have been set aside, designated or established by the Municipality for the parking of motor vehicles “Occupant” when used in relation to property means; a) the tenant, or spouse thereof, of the property or part thereof, whose consent shall extend only to the control of the land of which he or she is tenant and any parking spaces allotted to him or her under the lease or tenancy agreement; b) a person or a municipality or a local board thereof, having an interest in the property under an easement or right of way granted to or expropriated by the person, municipality or local board whose consent shall extend only to the part of the property that is subject to the easement or right of way; c) a person authorized in writing by the occupant as defined in sub-clauses a or b to act on the owner’s behalf “One Way Street” means a street upon which vehicular traffic is limited to movement in one direction. “Owner” when used in relation to property means; a) the registered owner of the property, or the spouse thereof; b) the registered owner, or spouse thereof, of a condominium unit, whose consent shall extend only to the control of the unit of which he or she is the owner and any parking spaces allotted to him or her by the condominium corporation or reserved for his or her exclusive use in the declaration of description of the property; 3 c) where the property is included in a description registered under the “Condominium Act” , the board of directors of the condominium corporation; d) a person authorized in writing by the property owner as defined in sub-clauses a, b, and c to act of the owner’s behalf "Park" and "parking", when prohibited, means the stopping, halting or standing of a vehicle, whether occupied or not, even temporarily, except when standing temporarily during the time necessary for the purpose of and while actually engaged in loading or unloading passengers. “Pedestrian” includes a person afoot or an invalid or child in a wheelchair or carriage. “Pedestrian Cross Walk” means any portion of a roadway designed by by-law of a Municipality at an intersection or elsewhere distinctly intended for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway as prescribed by the regulations under the Highway Traffic Act and regulations. “Person” includes any person, firm, partnership, association, corporation, company, or organization of any kind. “Recreation Vehicle” means a boat, jet ski/seadoo, snowmobile (or motorized snow vehicle), camper, motor home, all-terrain vehicles and similar vehicles. “Roadway” means that part of the 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 of the roadway collectively. “Shoulder” means the un-travelled portion running along either side of a highway. “Sidewalk” means a walk or raised path or that portion of a street between the curb line or edge of pavement or the lateral line of a roadway and the adjacent property line, primarily intended for the use of pedestrians. “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. “Stop or stopping” means a complete cessation of movement, and when prohibited, means the halting of any vehicle, with the exception of emergency vehicles, even momentarily, whether occupied or not, except when necessary to avoid conflicts with other traffic, or in compliance with the directions of a police officer or of a traffic control device or signal. “Trailer” includes a unit that can be towed behind any type of vehicle and includes, but is not limited to, a flatbed trailer, box trailer, boat trailer, snowmobile trailer and similar units. “Vehicle” includes a motor vehicle, traction engine, trailer, recreation vehicle, commercial motor vehicle, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or 4 driven by any kind of power, including muscular power but does not include motorized snow vehicle 2. Enforcement of the By-Law The enforcement of this by-law shall be undertaken by By-Law Enforcement Officers appointed by the Municipality of Lambton Shores, or when applicable, by the Ontario Provincial Police. 3. Parking on Municipal Highways 3.1 No Parking No person shall park or permit to be parked a vehicle on any highway, at the side or off of a roadway as set out in Schedule “B” to this by-law. 3.2 Seasonal On Street Parking in Beach Areas No person shall park or permit to be parked a vehicle on any highway, at the side or off of a roadway or in a prohibited space within a municipal parking lot at any time between May 15th and September 15th as set out in Schedule “C” to this by-law. 3.3 No Stopping No person shall stop, or permit to be stopped a vehicle or trailer on any highway or at the side as set out in Schedule “D” to this by-law. 3.4 No Parking on Highway from 2:00 a.m. and 6:00 a.m. No person shall park a vehicle on any highway between the hours of 2:00 a.m. and 6:00 a.m., except where allowed by permit issued by the municipality. 3.5 Time Restricted Parking No person shall stop, park or permit to be stopped or parked, a vehicle on any highway as set out in Schedule “E” to this by-law. 3.6 Time Restricted Paid Parking a) No person shall stop, park or permit to be stopped or parked, a vehicle on any highway as set out in of Schedule “F” to this by-law without first paying the appropriate fee and attaching proof of such payment for visual inspection. The receipt must be displayed face up on the dashboard of the vehicle. Payment may also be made by using a Parking Mobile Application if such service is authorized and provided in the municipality.
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