Parking By-law 2007-006 (Consolidated Version)

"abandoned vehicle" means any vehicle apparently abandoned on a highway, or which is inoperable or which, if a motor vehicle, does not carry proper registration plates;

"Amherstview District" means that portion of the municipality bounded by Coronation Boulevard on the east, Lake Ontario on the south, Taylor-Kidd Boulevard on the north and County Road No. 6 on the west.

"Amherst Island District" means the entire area of Amherst Island including Nut Island and the Three Brothers Islands.

"Bath District" means that portion of the municipality bounded by the boundary between Lots 14 and 15, Concession 1 and Broken Front on the east, Lake Ontario on the south, the boundary between Lots 3 and 4, Concession 4 and Broken Front on the west and the boundary between Concessions 1 and 2 on the north.

"boulevard" means that part of the highway which lies between the shoulder or curb and the property line including any municipal sidewalk;

"bicycle" means a vehicle having only two tandem wheels, propelled solely by human power, upon which typically one or two persons may travel. A bicycle includes tricycles and uni-cycles but does not include motor-assisted bicycles;

"bicycle path" means a portion of a roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists;

"bus stop zone" means any portion of a highway indicated by a sign on the highway as a place where buses used for public transportation may stop to pick-up or discharge passengers and shall include that portion of the highway running parallel to the curb or shoulder in a direction opposite to the flow of traffic a distance of 30 meters (100 feet) from the bus stop sign;

"disabled person parking permit" means a disabled person parking permit issued under The Highway Traffic Act or a permit, number plate or other marker or device issued by another jurisdiction and recognized under that Act;

"disabled person parking space" means a parking space designated for the exclusive use of a vehicle displaying a disabled person parking permit in accordance with the requirements of The Highway Traffic Act and the regulations made thereunder and this by-law;

"entranceway" means a private road, driveway, lane or other means of access for vehicles to and from a highway;

"farm tractor" means a self-propelled vehicle designed and used primarily as a farm implement for drawing ploughs, mowing machines and other implements of husbandry and not designed or used for carrying a load;

"Fire Chief' shall mean the Chief of the Fire Department of the municipality or his authorized subordinates or assistants;

"fire route" shall mean a private roadway or any part thereof designated as a fire route by the posting of fire route signs;

"fire route sign" shall mean a sign of the size and type illustrated in Schedule "A" to this by-law;

"heavy vehicle" means a vehicle having a weight, when unloaded, of two (2) tons or more or, when loaded, of three (3) tons or more, but does not include a vehicle designed primarily to carry passengers, an ambulance, or any vehicle of a police or fire department;

"highway" includes a common or public highway, street, road, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by the general public for the passage of vehicles, and includes the surface, roadway, median strip, shoulder, grassed area, boulevard, ditch, berm, gutter and any other portion of the road allowance owned by or under the jurisdiction of the municipality;

"holiday'' means Saturday, Sunday and any other day as identified in the current C.U.P.E., Local 2150, Collective Agreement with The Corporation of Loyalist Township;

"intersection" 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 highway crosses the other;

"loading zone" means any portion of a highway indicated by one or more signs as a place where only commercial vehicles may park for the sole purpose of loading or unloading cargo;

"median strip" means the portion of a highway so constructed so as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier, unpaved strip of ground, or by markings on the surface of the pavement;

"motor vehicle" includes an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine;

"motorcycle" means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle; 

"municipal property" shall mean any property owned or occupied by the municipality or a local board thereof, other than a highway;

"municipality" means The Corporation of Loyalist Township;

"no parking zone" means any portion of a highway indicated by one or more signs as a place where a vehicle shall not be parked or allowed to stand at any time or, if times are stated on the signs, at such times;

"no stopping zone" means any portion of a highway indicated by one or more signs as a place where a vehicle shall not be stopped at any time or, if times are stated on the signs, at such times;

"Odessa District" means that portion of the municipality comprising of Lots 29 to 35, Concession 4 and the northerly one half of Lots 29 to 35, Concession 3;

"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;

"parking infraction" means any unlawful parking or stopping of a vehicle contrary to the provisions of this by-law;

"parking infraction notice" means a certificate of parking infraction and parking infraction notice in a form prescribed by regulations under the Provincial Offences Act, R.S.O. 1990, c.P.33; 

"parking space" means a portion of a highway designated by markings on the surface of the roadway as an area intended for the parking of motor vehicles;

"pedestrian" includes a person afoot and an invalid or child in a wheelchair or carriage;

"pedestrian crosswalk" means any portion of a roadway, at an intersection or elsewhere, indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway;

"pedestrian walkway" means a sidewalk or pathway between lots or buildings designated for pedestrian traffic;

"person" means and includes any person, firm or corporation;

"private property" shall mean any property that is not municipal property or a highway;

"private roadway" shall mean any private road, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part of a parking lot;

"property owner" shall mean any person, firm or corporation that owns or occupies a property and includes a tenant or licensee. 

"Provincial Offences Officer" means such one or more persons appointed by the municipality for the purpose of enforcing the provisions of this by-law;

"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 the roadway collectively;

"school bus" means any bus which is used for the express purpose of transporting students to and from school and,

a) is Chrome Yellow in colour;

b) displays on the front and rear thereof the words "School Bus" and on the rear thereof the words "Do Not Pass When Signals Flashing";

"school bus loading zone" means any portion of a highway indicated by signs on the highway as an area designated for school bus loading;

"set fine" means the fine for an offence under this by-law approved by the Regional Senior Justice of the Ontario Court of Justice;

"shoulder" means that portion of the highway which is unpaved and immediately adjacent to the roadway and which is not improved, designed or ordinarily used for vehicular traffic;

"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", where prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other police officer or of a traffic control sign or signal;

"Treasurer" means the Treasurer of the municipality;

"vehicle" includes a motor vehicle, heavy vehicle, school bus, motor assisted bicycle, 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 a motorized snow vehicle, the cars of electric or steam railways running only upon rails;

"wheelchair" means a chair mounted on wheels driven by muscular or any other kind of power and used for the carriage of a person who has a physical defect or disability.

(b) Any expression or term used in this by-law and not specifically defined shall have the same meaning that such expression or term has under The Highway Traffic Act, S.O.2000, c. 15, as amended.

c) Where any expression of time occurs or where any hour or other period of time is stated, the time referred to shall be standard time except when daylight saving time is in effect, in which case, it shall be daylight saving time.

d) This by-law shall be referred to as the "Parking By-law".

Section 2

No person shall park or stand a vehicle on a highway:

a) in front of or within 2 metres (6.5 feet) of an entranceway or so as to obstruct vehicles using the entranceway;

(b) within 3 metres (10 feet) of the point on the edge of a roadway nearest a fire hydrant;

(c) within 9 metres (30 feet) of an intersection not controlled by traffic signals;

(d) within 30 metres (100 feet) of an intersection controlled by traffic signals.

(e) within 15 metres (50 feet) of the nearest rail of a level railway crossing;

(f) in front of an entrance to or exit from any building or enclosed space in which persons may be expected to congregate in large numbers;

(g) in a position or place that prevents or is likely to prevent the movement of any vehicle already parked on the highway;

(h) in a loading zone;

(i) in a bus stop zone;

(j) in such a manner as to interfere with the clearing of snow, or the cutting of grass, or the removal of weeds on the whole or any part of a highway;

(k) for longer than twelve (12) consecutive hours or, in the case of a vehicle displaying a currently valid disabled person parking permit, for longer than twenty-four (24) consecutive hours;

(l) at any time between 1:00 a.m. and 7:00 a.m. on any day between December 1 of one year and March 31 of the following year;

(m) in a school bus loading zone during the times stated on the signs designating the zone or, if no times are stated, between 7:00 a.m. and 6:00 p.m. on any day when the school is open for educational purposes;

(n) on a fire route; or

(o) in a no parking zone.

Section 3

No person shall park, stand or stop a vehicle in a designated disabled person parking space on municipal property or private property as described in Appendix II of Schedule 'D'.

Section 4

No person shall park, stand or stop a vehicle on a highway:

(a) so as to obstruct a sidewalk or an intersection; or

(b) so as to obstruct or within 3 metres ( 10 feet) of a pedestrian crosswalk or pedestrian walkway; or

(c) in such a manner as to interfere with the free, unobstructed and normal use of the highway by other traffic; or

(d) on the roadway alongside of any stopped or parked vehicle; or

(e) upon any bridge or within any tunnel or underpass; or

(f) on any median strip, or adjacent to either side or the end of any median strip; or

(g) on any boulevard; where it is practicable to park in another location; or

(h) in a no stopping zone; or

(i) in a bicycle path.

Section 5

No person shall park, stand or stop any vehicle on any highway or portion thereof except as follows:

(a) where there is a raised curb, on the right side of the roadway, having regard to the direction such vehicle was proceeding, with its right front and right rear wheels or runners of the vehicle parallel to and distance not more than 0.15 metres (6 inches) out from such curb; or

(b) where there is no curb or a rolled curb, on the right side of the roadway, having regard to the direction such vehicle was proceeding, with the right front and right rear wheels parallel to and as near to the right hand limit of the shoulder as is practicable, without stopping or parking upon a sidewalk or footpath, or any part of the highway where grass is grown or which is not intended for the use of vehicles.

Section 6

No person shall park, stand or stop any vehicle on the left-hand side of the roadway except where a highway is designated for one-way traffic and parking is permitted on the left-hand side of the roadway and:

(a) where there is a raised curb on the left-hand side of the roadway having regard to the direction such vehicle was proceeding, the left front and left rear wheels of the vehicle are parallel to and not more than 0.15 metres ( 6 inches) out from such curb; or

(b) where there is no curb or a rolled curb on the left-hand side of the roadway, having regard to the direction such vehicle was proceeding, the left front and left rear wheels of the vehicle are parallel to and as near to the left-hand limit of the shoulder as is practicable without stopping or parking on a sidewalk or footpath or on any part of the highway where grass is grown or which is not intended for the use of vehicles.

Section 7

Where angle parking is permitted on a highway, no person shall park, stand or stop any vehicle except at an angle of 40 to 50 degrees from the curb or boundary of the roadway with the front end of the vehicle at such curb or boundary.

Section 8

Where angle parking spaces are designated by lines painted on the roadway, no person shall park, stand or stop any vehicle except within an area designated as an angle parking space.

Section 9

No person shall park an abandoned vehicle on any highway at any time.

Section 10

No person shall park a heavy vehicle or a school bus on a highway within the Districts of Amherst Island, Amherstview, Odessa and Bath between 8:00 p.m. of one day and 8:00 a.m. of the following day.

Section 11

No person shall park or stand a heavy vehicle on municipal property without the consent of the municipality or local board that owns or occupies the property.

Section 12

No person shall park or stand a motor vehicle on municipal property without the consent of the municipality or local board that owns or occupies the property.

Section 13

Where a municipal property has posted signs stating conditions on which vehicles may be parked or left standing on the property, or prohibiting the parking or standing of vehicles on the property, a vehicle parked or left standing on the property contrary to such conditions or prohibition shall be deemed to have been parked or left standing without consent.

The provisions of Parts II and III inclusive of this by-law do not apply to ambulance, police department vehicles, fire department vehicles or other emergency vehicles while in performance of lawful or emergency duties.

Section 15

A disabled person parking space shall be distinctly indicated in accordance with the requirements of The Highway Traffic Act and the regulations made thereunder.

Section 16

A disabled person parking space on municipal property or private property shall have a width of not less than 4.4 metres.

Section 17

Disabled person parking spaces shall be designated:

(a) on highways as described in Appendix I of Schedule "D", and

(b) on municipal property or private property as described in Appendix II of Schedule "D".

Section 18

The owners and operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, shall provide disabled person parking spaces in accordance with Appendix II of Schedule "D".

Section 19

The driver or operator of a vehicle which displays a disabled person parking permit shall not be required to pay an amount in excess of the normal fee paid by other users of the same parking lots or other parking facilities to which the public has access. 

Section 20

Fire route signs shall be posted along all fire routes and shall:

(a) be permanently mounted on a rigid sign post or pole;

(b) be erected at a height of between 1.9 metres and 2.5 metres as measured from the edge of the travelled portion of the fire route to the bottom edge of the sign;

(c) be installed at a distance of between .3 metres and 3 metres from the travelled edge of the fire route; and

(d) be installed along the fire route at intervals no greater than 30 metres or with such greater frequency as may be reasonably necessary to identify the fire route.

Section 21

A fire route or fire routes shall be established on those lands described in Schedule "C" to this by-law.

Section 22

The location of all fire routes on the properties described in Schedule "C" shall be determined by the Fire Chief who shall forthwith after making such determination, notify in writing the property owner of the location of each fire route.

Section 23

Upon receipt of notice given by the Fire Chief in accordance with paragraph 20, the property owner shall, at the property owner's expense, file with the Fire Chief a site plan, in triplicate, in the form prescribed in Schedule "B" to this by-law, showing the following:

(a) the property;

(b) the location of all fire routes on the property;

(c) the proposed location of all fire route signs; and

(d) the location of all fire hydrants on or adjacent to the property.

Section 24

The Fire Chief shall review all site plans to ensure that the proposed location of all fire route signs conform with this by-law and may make any amendments to the site plan as may be required.

Section 25

Upon approval of the site plan by the Fire Chief, the property owner shall, at the owner's expense, erect and maintain fire route signs along each fire route on the property in accordance with the site plan as approved.

Section 26

Where the owner of a property fails or refuses to submit a site plan or to erect or maintain a fire route sign in accordance with this by-law, the Fire Chief or such other employee of the municipality as may be designated by him/her may enter on the property and erect fire route signs in accordance with this by-law at the expense of the property owner and any costs incurred as a result thereof may be recovered in like manner as municipal taxes in accordance with the Municipal Act.

Section 27

"No stopping zones" shall be created on those highways and in the locations indicated in Appendix I of Schedule "E" to this by-law.

Section 28

"No parking zones" shall be created on those highways and in the locations indicated in Appendix II of Schedule "E" to this by-law.

Section 29

Any vehicle parked in contravention of the provisions of this by-law may, on the order of a police officer or Provincial Offences Officer, be moved or towed to or stored at a licensed wrecking yard, dump or other suitable location at the owner's risk, expense and cost.

Section 30

All costs and charges for the removal, towing, care and storage of a motor vehicle shall form a lien on the motor vehicle and may be enforced in the manner prescribed by the Repair and Storage Liens Act, R.S.O. 1990, c. R.25, as amended.

Section 31

Every person who contravenes any provision of this by-law other than through the commission of a parking infraction shall, in addition to any other penalty provided for in this by-law, be guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, Part II.

Section 32

Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, Part II.

Section 33

The driver of a vehicle involved in the commission of a parking infraction, not being the owner, is liable to any penalty provided under this by-law, and the owner of the vehicle is also liable to such a penalty unless, at the time the offence was committed, the vehicle was in the possession of a person other than the owner without the owner's consent.

Section 34

For parking infractions of a continuing nature, a parking infraction shall be deemed to have been committed on each subsequent hour that a vehicle continues in violation of any said provisions beyond the first hour.

Section 35

Upon a conviction being entered for any offence under this by-law, the Court may, in addition to any other remedy or penalty imposed, make an Order prohibiting the continuation or repetition of the offence by the person convicted.

Section 36

Any person who commits a parking infraction that he/she does not wish to dispute may, within fifteen (15) days of the time when a parking infraction notice was attached to the vehicle, deliver during regular office hours, exclusive of holidays, the notice and the amount of the voluntary payment to the Treasurer or other designated official on duty at the municipal offices in Odessa who is authorized to accept such payment and furnish an official receipt there for.

Section 37

The amount of the voluntary payment that may be paid in respect of offences under this by-law is as set out in the Set Fine Schedule as approved by the Regional Senior Justice of the Ontario Court of Justice;

Section 38

Any person who is served with a parking infraction notice and wishes to plead not guilty may, within fifteen (15) days of the time when the parking infraction notice was attached to the vehicle, deliver to the Treasurer or other designated official on duty at the municipal offices in Odessa during regular office hours, exclusive of holidays, the notice with the not guilty plea on the notice signed together with the form on the notice indicating his/her desire to appear or be represented at trial.

Section 39

Upon failure to make either a payment of the voluntary payment in accordance with paragraph 36 of this by-law or deliver the notice in accordance with paragraph 38 of this bylaw within the time prescribed, a person shall become liable to be convicted pursuant to Part II of the Provincial Offences Act or, at the option of the municipality to be liable for prosecution pursuant to Part III of the Provincial Offences Act. R.S.O. 1990, c. P.33, as amended.

It is declared that notwithstanding that any part or parts of this by-law, or sections thereof, may be found by any court of law to be invalid or illegal or beyond the power of the Township to enact, such part or parts or sections thereof shall be deemed to be severable and that all other parts or sections of this by-law are separate and independent therefrom and enacted as such.

Section 41

That By-law 2004-45 and any and all by-laws or portions thereof conflicting with this bylaw are hereby repealed.

Section 42

This by-law shall come into force and take effect upon receiving approval of the set fines by from the Regional Senior Justice of the Ontario Court of Justice.

Enacted and passed this 23rd day of April, 2007.

Schedule A To By-law 2007-31 - Fire Route Sign

Property Address           ______________________________________________________

Owner (Applicant)         _______________________________________________________

Mailing Address            _______________________________________________________

Telephone Number      ________________________________________________________

Date of Application      _________________________________________________________

INSTRUCTIONS

Attach, in triplicate, a Site Plan of the property showing:

A) The property
B) The proposed location of the fire route
C) The location of all the fire route signs
D) Fire hydrants located on or adjacent to the property

Return to:   Loyalist Township Emergency Services
                     c/o The Corporation of Loyalist Township
                     263 Main Street
                     Odessa, ON
                     K0H 2H0

If clarification is required, please contact the Emergency Services at 613-386-3762 for assistance.

______________________________________________________________________________
Office Use Only 

(Amended by By-law 2021-013)

The following fire routes are hereby designated:

(Amended by 2024-66)

The following disabled person parking spaces on highways are hereby designated:

Amherst Island District - Location

None

Amherstview District - Location

None

Bath - Location

1. 434 Main St in front of the Bath Museum and Visitor's Centre

Odessa - Location

1. 67 Main St in front of St. Alban's Anglican Church
2. 131 Main St in front of Savage's Home Hardware

NOTE: The penalty provision for the offences indicate above in respect of which a parking infraction was issued under Part 2 of the Provincial Offences Act in Section 31 of By-law 2007-31, certified copies of which have been filed.

This document is an office consolidation of the By-law. It is intended for information and ease of reference only. This document is not the official version of the By-law. Please contact clerk@loyalist.ca if you have any questions.