LOCAL GOVERNMENT ORDINANCE, 1961 (Ordinance No. 11 of 1961) THE LOCAL AUTHORITY (ASSIGNMENT OF FUNCTIONS: THE PROVISIONS OF PARKING PLACES AND STANDS) ORDER, 1973 CITY OF KOTA KINABALU (PROVISIONS OF PARKING PLACES) BY LAWS, 2003 In exercise of the powers conferred upon him by the Local G.N. No. S. 11/73 Ordinance Authority (Assignment of Functions : The Provisions of Parking Places No. 11 of 1961. and Stands) Order, 1973 and all the enabling powers vested by the Local Government Ordinance, 1961 (as amended by City of Kota Kinabalu Enactment, 1996), the Mayor of the City of Kota Kinabalu thereinafter referred to as ”the Mayor”, wity the approval of the Chief Minister, has made the following By-laws: 1. These By-laws may be cited as the City of Kota Kinabalu Citation and commencement. (Provisions of Parking Places) By-laws, 2003 and shall come into force on the date of its publication in the Gazette. 2. In these By-laws, unless the context otherwise requires – ”controlled hour” means the period specified in column 4 of the First Schedule to these By-laws or these By-laws or such period as the Mayor may from time prescribed, during which the parking charge is payable; ”half hour” includes part of a half hour; ”hour” includes part of two hour; ”two hours” includes part of two hours; ”half hourly parking”, ”hourly parking” and ”two hourly parking” mean a parking place described in column 3 of Table 1 of the First Schedule to these By-laws, wherein a motor vehicle ia allowed to be parked half-hourly or hourly or two hourly as the case may be, on payment of the parking charge; ”lenght of road” means the entire lenght of the road as named in the First Schedule to these By-laws; ”motor vehicle” means any vehicle propelled by means of mechanism or adopted as to be capable of being used on a road; ”park” means to stop a motor vehicle but does not include stopping – (a) only for such time as is reasonably necessary to take up or set down passengers or load or unload goods; (b) in obedience to taffic signs or signals; (c) in case of accident or to avoid accident; or (d) involuntarily, ”parking” includes waiting in a parking space; ”parking attendant” or ”parking inspector” means any person appointed under by-law 11 and includes a person duly authorized by or on behalf of the Mayor to perform, supervise, manage and keep in charge of any parking space or to do any act under these By-laws; ”parking charge” means the charge prescribed in Table 1 and Table 2 of the First Schedule to these By-laws; ”road” includes and road, street, highway, square, bridge, kerb, side-walk, pavement, parade, footway or passage, whether a thoroughfare or not, over which the public have access and aslo includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more houses, whether the public have a right of way thereover or not, and all grass verges, islands, road dividers, the channels, drains and ditches at the side of any road; ”taxi” means a taxi cab or hire car which in the usual course of business plies for hire within or outside the boundaries of the City of Kota Kinabalu area. Powers to 3. The Mayor hereby provides that the road, length of road or provide parking place within the jusisdiction of the City of Kota Kinabalu specified in places. column 1 of Table 1 of the First Schedule to these By-laws shall be parking places for motor vehicles other than buses and taxis. 4. (1) The Mayor may reserve as parking places for taxis or any Parking place for taxis or any other public transport vehicles any road, stretch of road or place not other public specified in column 1 of Table 1 of the First Schedule to these By-laws transport vehicles. and such resevation may be revoked at any time by the Mayor without giving any reason whatsoever. (2) Any raod, stretch of road or place reserved by the Mayor under paragraph (1) of this by-law shall be marked ”teksi Sahaja” or any suitable signage and shall be unsed exclusively and solely for such conditions and restrictions or payment of such charges as the Mayor may deem fit to impose. 5. (1) No person shall at any time park any motor vehicle at any Restriction on parking other places or spaces on any road road or length of road within the City of than in a parking Kota Kinabalu except where such areas or spaces have been place. specially designated by the Mayor as parking places or spaces. (2) No person shall park or stop or permit or cause to be parked or stopped any motor vehicle in any road reserve, road shouler, road divider or any other ground maintained by the Mayor. (3) Without prejudice to paragraph (1) of this by-law, the Mayor may designate any road or length of road for parking purposes. 6. (1) The Mayor shall have the absolute discretion to deterrmine Parking system and implement the types of parking system including the coupon parking system or any other parking system which is deemed suitable and the manner in which it is to be managed. (2) Every person using such parking spaces shall comply with all the conditions and restrictions imposed by the Mayor including the conditions as to the meathod of payment relating to the use of such parking spaces. 7. (1) Any person or driver in control of any motor vehicle shall Comndition and restriction for park the said motor vehicle in any parking spaces for such motor use of parking vehicle provided by the Mayor under by-law 5 (1). space. (2) Every person using such parking spaces shall comply with all the conditions and restricions imposed by the Mayor including the method of payment relating to the use of such parking spaces. 8. (1) A parking place may be divided into parking spaces and Parking spaces. for the purpose of determining the parking spaces the Mayor shall cause each parking space to be indicated by painted lines, studs, sings or other indications. (2) There shall be erected at a parking place a sign or notice board on which shall be affixed a notice stating the substance of these By-laws and the parking charge. (3) On the application of any firms, companies, instiutions or other organizations including those mentioned below, the Mayor may at his own discretion reserve parking spaces for such firms, companies, institutions or other organizations at a charge as may be prescribed by the Mayor from time to time subject to such conditions and restrictions as he deem fit to impose - (a) banks; (b) hotels; and (c) clinics. (4) The Mayor reserves the right to revise such parking charge from time to time as deem necessary and such reservation may be revoked at any time by the Mayor without giving any reason whatsoever. 9. (1) On the application of any owner of a motor vehicle the Monthly parking ticket in a Mayor may, upon payment of the fee as hereinafter prescribed, issue parking space to such applicant a montly parking ticket which shall entitle the motor designated for half hourly or vehicle to which it relates to be parked in any parking space hourly or two designated for half hourly or hourly or two hourly parking which is not hourly parking. reserved under by-law 8 (3) of theses By-laws without further payment ofthe parking charge during the period for which the monthly parking ticket is issued. (2) The monthly ticket shall be clearly displayed on the left side of the windscreen of the motor vehicle for which it is issued. (3) Such monthly parking ticket shall be valid for the month for which it is issued. (4) The maximum fee for a manthly parking ticket shall be - (a) RM500.00 for parking place designated as Type B parking as described in Table 2 of the First Schedule to these By-laws; and (b) RM180.00 for parking place designated as Type C or D or E parking as described in Table 2 of the First Schedule to these By-laws. (5) The Mayor is neither bound to ensure that the driver or owner of a motor vehicle to which a montly parking ticket is issued, is able to secure a parking space for parking of the same motor vehicle in a parking place where he is entitled for parking, nor the Mayor is bound to secure the same for the driveror owner of a motor vehicle for the same purpose. 10. (1) The Mayor may at his own discretion, reserve any Parking spaces parking space or spaces for the loading and unloading of goods and for loading and unloading. any such reservation may at any time be revoked by the Mayor. (2) Any such parking space or spaces reserved by the Mayor under paragraph (1) of this by-law shall be marked ”Untuk Muatan dan Punggahan Sahaja” and shall be used exclusiverly and solely for such purpose subject however to such conditions and restrictions as the Mayor may deem fit to impose. 11. The Mayor may appoint one or more parking attendant Parking or inspectors to be on duty at any parking place provided by the attendants or inspectors. Mayor. 12. (1) No person shall park a motor vehicle in a parking Method of space across any line marking the parking space or in such a position parking.