THE CORPORATION OF THE TOWN OF AURORA. By-law Number T

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1 THE CORPORATION OF THE TOWN OF AURORA By-law Number T BEING A BY-LAW to regulate parking and traffic in the Town of Aurora WHEREAS the Municipal Act 2001, S.O., 2001, c. 25, section 11 (1) authorizes a municipality to pass by-laws prohibiting or regulating parking and traffic on highways and on properties other than highways; AND WHEREAS sections 100 through 101 of the Municipal Act 2001, authorizes a municipality to pass by-laws for prohibiting unauthorized parking on private or municipal property; AND WHEREAS section 102 of the said Municipal Act 2001, authorizes a municipality to pass by-laws requiring the owners or operators of parking lots or other parking facilities to which the public has access, to provide designated parking spaces for the sole use of vehicles operated by or carrying a disabled person; AND WHEREAS the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, section 7.1 authorizes a municipality to pass by-laws prohibiting parking on private roadways designated as fire routes; AND WHEREAS the Highway Traffic Act R.S.O. 1990, c. H.8, as amended, section (1) authorizes a Council of a Municipality to designate by by-law, a highway under its jurisdiction as a Community Safety Zone; AND WHEREAS the Municipal Act 2001 provides that fines may be charged for breaches of by-laws passed pursuant to the powers set out therein and further provides for the removal, impounding or restraining or immobilizing of any vehicle parked on a highway or on municipal property in contravention of a by-law or of the Highway Traffic Act. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1.0 DEFINITIONS authorized sign" means any sign, or marking on a roadway, or curb or sidewalk or other device placed or erected on a highway under the authority of this By-law for the purpose of regulating, warning or guiding traffic; "boulevard" means that portion of the highway located between the edge of the roadway and the limit of the highway, and without limiting the foregoing, may include the untravelled portion of any highway, a dirt, grassed, gravelled or paved area and ditches. "bicycle" includes a tricycle having a wheel or wheels of more than 60 centimetres in diameter; bus" means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons;

2 "commercial motor vehicle" means a motor vehicle having permanently attached there to a truck or delivery body, buses, tractors used for hauling purposes on the highways and heavy trucks; community safety zone means a highway or part of a highway where public safety is a concern, fines have been increased for certain traffic violations and that is identified with community safety zone signs; crosswalk means that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or any portion of a roadway at an intersection or elsewhere distinctly indicted for pedestrians crossing by signs or by lines or other markings on the surface; "designated disabled parking space" means a parking space designated under this By-Law for the exclusive use of a vehicle displaying a permit in accordance with the requirements of the Highway Traffic Act and the Regulations made there under and this By-law; "fire route" means a public and private roadway, lane, driveway or parking lot aisle, not less than 3 metres wide, providing vehicular access to or from a designated building and designated by this By-law as a fire route; "heavy truck" means a commercial motor vehicle for carriage of goods having a weight when unloaded, of 2.72 tonnes or more or, when loaded, of 4.54 tonnes or more, but does not include a passenger vehicle, ambulance or any vehicle of a police or fire department; "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle intended for, or used by, the general public for the passage of vehicles, and includes the area between the lateral property lines thereof; "intersection" means the area embraced within the prolongation or connection of the lateral curb lines or, if none, than 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; median strip means the portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or a raised or depressed paved or unpaved separation area that is not intended to allow crossing vehicular movement; "mobile home" means a motor vehicle, that is designed and used for either a sleeping and eating or office space; "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 bicycle with a motor attached and a motor scooter; "motor vehicle" includes an automobile, motorcycle, mobile home and motor assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of this By-law; "motorized snow vehicle" means a motorized snow vehicle as defined in the Motorized Snow Vehicle Act; 2

3 "Municipal Law Enforcement Officer" means a person appointed by By-law to enforce the Town's By-laws and shall include a Provincial Offences Officer; "occupant" includes: (a) (b) (c) (d) the tenant of private property or part thereof whose consent to permit parking on private property shall extend only to the control of the land or part thereof of which he is the tenant and any parking spaces allotted to him under his lease or tenancy agreement; the spouse of a tenant; a person, 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 to permit parking on private property shall extend only to that part of the property that is subject to the easement or right-of-way; a person authorized in writing by an occupant as defined in clauses (a), (b), or (c) of this section to act on the occupant's behalf for requesting the enforcement of this by-law; "official sign" means an authorized sign approved by the Ministry of Transportation of Ontario; "owner" when used in relation to property includes: (a) (b) (c) (d) (e) the registered owner of the property; the registered owner of a condominium unit whose consent shall extend only to the control of the unit of which he is the owner and to any parking spaces allotted to him by the Condominium Corporation, or reserved for his exclusive use in the declaration or description of the property; the spouse of the person described in clauses (a) or (b) of this section; where the property is included in a description registered under the Condominium Act, the board of directors of the condominium corporation; a person authorized in writing by the property owner as defined in clauses (a), (b), (c), or (d) of this section to act on the owners behalf for requesting the enforcement of this by-law; "park or parking" 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 notice" means a notice authorized by the Provincial Offences Act and placed on any vehicle parked in contravention of this by-law; pedestrian crossover means any portion of a roadway, designed by by-law of a municipality, at an intersection or elsewhere, distinctly indicated for pedestrians crossing by signs and signals on the highway and lines or other markings on the surface of the roadway as prescribed by the regulations; permit" shall mean a displayed Disabled Parking Permit issued under the Highway Traffic Act or another marker or device issued by another jurisdiction and recognized under the Highway Traffic Act; 3

4 private roadway" means any private road, private driveway, lane, ramp or other means of vehicular access to or egress from a property, building or structure, and it may include part of a parking lot; "Regional Road" means a highway designated as a regional road by the Regional Municipality of York; "roadway" means the 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 roadways collectively; "sidewalk" means that part of a highway not being part of the roadway that has been improved by paving or other means, for pedestrian traffic; "stand" or " standing" means the halting of a vehicle, whether occupied or not, except for the purpose of and actually engaged in receiving or discharging passengers; "stop" or "stopping" 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; through highway means a highway or part of a highway designated as such by the Minister of Transportation for the Province of Ontario or by by-law of the municipality and every such highway shall be marked by a stop sign or yield right of way sign in compliance with the regulations of the Minister; "town" shall mean the Corporation of the Town of Aurora; "traffic control signal" means that part of a traffic control signal system that consists of one set of no less than three coloured lenses, red, amber and green, mounted on a frame and commonly referred to as a signal head; "trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle; u-turn" means the turning of a vehicle within a roadway, or where a highway is divided the turning of a vehicle from one roadway to another roadway, so as to proceed in the opposite direction. 2.0 APPLICATION AND ENFORCEMENT (a) (b) (c) (d) (e) This By-law applies to all highways under the jurisdiction of the Town, and municipal and private property in so far as it applies to parking regulations. The Director of Public Works or his Designate is authorized to place or erect and to maintain such authorized signs and traffic control signals as are required to give effect to the provisions of the safety or convenience of the public. All measurements of distance relevant to an "intersection" shall, where possible, be taken to or from a point where the prolongation or connection of the lateral curb lines meet on the side of the highway relevant to the said measurement. The provisions of this By-Law shall not apply to any vehicle owned by the Town, Ambulances, Police, Fire Department vehicles, vehicles owned by other public authorities and any other vehicle while actually engaged in performing works for the Town. The provisions of this By-law may be enforced by a Municipal Law Enforcement Officer or a police officer of the York Regional Police. 4

5 (f) No person shall place, maintain or display upon or in view of any highway, any sign, signal, marking or device which purports to be or is an imitation of or resembles an authorized sign or traffic control signal, or which conceals from view or interferes with the effectiveness of an authorized sign or traffic control signal. PART A PARKING PROVISIONS 3.0 GENERAL PARKING AND STOPPING PROVISIONS 3.1 GENERAL PROVISIONS Method of Parking - parallel - Two Way Traffic (a) No person shall park or stop any vehicle on any highway or portion thereof except as follows: (i) where there is a raised curb, on the right side of the roadway with the right front and rear wheels having regard to the direction in which such vehicle was proceeding, paralleled to and not more than 30 centimetres out from such curb; (ii) where there is a rolled curb or no curb, with right front and rear wheels paralleled to and as near to the right limit of the roadway as is practical; (b) The provisions of subsection (a) do not apply where angle parking is permitted or to parking or stopping a vehicle on the left side of the roadway or a highway designated for one-way traffic. 3.2 PARKING PROHIBITED IN SPECIFIED PLACES - SIGNS NOT REQUIRED: (a) No person shall park any vehicle on any highway: (i) (ii) (ii) (iv) (v) (vi) (vii) in front of or within 2 metres of the intersection of a private roadway within 60 centimetres of a driveway on all town roadways; within 3 metres of a point on the curb or edge of the roadway nearest to any fire hydrant; within 15 metres of an intersecting roadway; within 15 metres of any level crossing of a railway; for the purpose of displaying the vehicle for sale; for the purpose of washing, greasing or repairing the vehicle, except for such repairs as have been necessitated by an emergency; (viii) alongside the tracks of any railway; (ix) in such a position as will prevent the removal under its own power of any other vehicle; (x) (xi) so as to obstruct a crosswalk or cross-over; so as to interfere with the movement of traffic; 5

6 (xii) on a highway within 152 metres of fire fighting apparatus where said apparatus is actually engaged in fighting a fire, or when if directed by a member of the Police or Fire Department; (xiii) on a bridge; (xiv) on a boulevard; (xv) so as to interfere with the clearing of snow from the highway. (b) Notwithstanding the provisions of any other section of this By-Law, no person shall park or leave standing any commercial motor vehicle, trailer, mobile home, bus or similar type vehicle upon any part of any highway under the jurisdiction of the Corporation of the Town of Aurora for a period in excess of three hours. 3.3 PARKING PROHIBITED IN SPECIFIED PLACES - WHERE SIGNS ARE ON DISPLAY: (a) Where authorized signs are on display indicating that parking is prohibited, no person shall park any vehicle on any highway: (i) within 30 metres of an intersection controlled by traffic control signals; (ii) within 8 metres of any fire hall on the side of the highway on which the fire hall is located or within 30 metres of such fire hall on the opposite side of the highway; (iii) within a turning basin at the end of a cul-de-sac; (iv) upon the divided portion of the highway and shall include the centre median. 3.4 STOPPING PROHIBITED IN SPECIFIED PLACES - SIGNS NOT REQUIRED: (a) No person shall stop any vehicle on a highway: (i) on or over a sidewalk or footpath; (ii) within an intersection, crosswalk, or pedestrian crossover; (iii) within 9 metres of a pedestrian crossover measured along the side of the roadway in the direction opposite to the direction of travel of vehicles on that side of the highway; (iv) within 9 metres of a pedestrian crossover measured along the side of the roadway in the direction of travel of vehicles on that side on the highway; (v) alongside or across the highway from any excavation or obstruction in the roadway when the free flow of traffic would thereby be impeded; (vi) on the roadway side of any stopped or parked vehicle; (vii) upon any bridge or elevated structure or within any tunnel or underpass. 6

7 4.0 SPECIFIC PARKING, STOPPING AND STANDING REQUIREMENTS 4.1 Parking Restrictions and Prohibitions on Certain Highways: (a) Where authorized signs are on display indicating that parking is prohibited, no person shall park a vehicle on any highway at the side and between the limits set out respectively in Columns 1, 2, and 3 of Schedule I at any time as set out in Column 4 of the said Schedule. (b) Where authorized signs are on display indicating that parking is prohibited, no person shall park a vehicle on any highway at the side and between the limits set out respectively in Columns 1, 2, and 3 of Schedule II during the prohibited times or days as set out in Column 4 of the said Schedule. (c) Where authorized signs are on display indicating that parking is restricted, no person shall park a vehicle on any highway at the side and between the limits set out respectively in Columns 1, 2, and 3 of Schedule III during the times or day set out in Column 4 of the said Schedule for a longer period than that set out in Column 5 of the said Schedule. 4.2 Stopping Restrictions and Prohibitions on Certain Highways: (a) Where authorized signs are on display indicating that stopping is prohibited, no person shall stop a vehicle on any highway at the side and between the limits set out respectively in Columns 1, 2, and 3 of Schedule IV during the prohibited times or days set out in Column 4 of the said Schedule. 4.3 Parking, Stopping or Standing Where Otherwise Prohibited: (a) Nothing in this section shall be deemed to permit parking, stopping or standing at any location where or at any time when parking standing or stopping are otherwise prohibited. 5.0 OTHER REQUIREMENTS: 5.1 School Bus Loading Zones: (a) School bus loading zones are hereby authorized and assigned on the highways at the side and at the locations set out respectively in Columns 1, 2, and 3 on Schedule V for use by school buses during the times set out in Column 4 of the said Schedule. (b) No vehicle other than a school bus waiting for, or in the process of, loading or unloading students, shall be stopped in any school bus loading zone referred to in subsection (a) when marked by an authorized sign indicating that. 5.2 On Street Parking - Winter Months: (a) No person shall park any vehicle on any highway under the jurisdiction of the Town, at any time during the hours of 2:00 a.m. to 6:00 a.m. from and including November 15th of each year, to and including April 15th of the following year. 7

8 5.3 Parking on Private or Municipal Property: (a) No person shall park or leave any vehicle: (i) on private property without consent of the owner or occupant of the property, or (ii) on property owned or occupied by the municipality without the consent of the Municipality. (b) A vehicle parked or left contrary to this by-law may be removed and/or impounded at its owner's expense subject to the limiting provisions of this by-law. (c) A vehicle shall be deemed to have been removed if a towing vehicle has been summoned to remove it by a person authorized to enforce this by-law. (d) Where an owner or occupant of property affected by this section has posted signs stating conditions on which a vehicle may be parked or left on the vehicle parked or left on the property contrary to such conditions or prohibition shall be deemed to have been parked or left without consent. (e) The owner or occupant of private property to which this section applies, is required to provide a complaint to a Police Officer, Municipal Law Enforcement Officer requesting the enforcement of this section on such property. 5.4 Abandoned Vehicles: Notwithstanding any other provision of this By-law, any vehicle parked or left standing on any highway or any other property owned or occupied by the municipality for a period exceeding 24 hours shall be considered to be abandoned, and upon discovery a Police Officer or Municipal Law Enforcement Officer may cause it to be moved to, or stored in a suitable place, and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle, which may be enforced in a manner provided by the relevant provisions of the Repair and Storage Liens Act, R.S.O Disabled Permit Parking: (a) Every owner and operator of a parking lot or of a parking facility to which the public has access shall designate parking spaces for the exclusive use of a motor vehicle operated by a disabled person, or a motor vehicle carrying a disabled person in respect of which a permit has been issued and properly displayed. The minimum number and size of the designated disabled parking spaces are listed below in the table. TOTAL NUMBER OF PARKING SPACES REQUIRED NUMBER OF DESIGNATED DISABLED SPACES or more 6 PLUS 5 ADDITIONAL SPACES FOR EACH ADDITIONAL 800 8

9 (b) Every owner or operator of a parking lot or parking facility to which the public has access shall ensure that the designated parking spaces for disabled persons are: (i) identified by signs conforming to the requirements of the Ontario Regulations made under the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended; (ii) kept free from obstructions, kept clear of snow, ice and slush and be otherwise maintained to the same standards as all other parking spaces in the same parking area. (c) A disabled parking permit issued under the Highway Traffic Act as amended, shall be displayed on the sun visor or on the dashboard of a vehicle so that the international symbol of access for the disabled, and the permit number and the expiry date of the permit are clearly visible from the outside of the vehicle. (d) No person shall park, store, or leave standing, any vehicle in a designated disabled parking space unless a Disabled Parking Permit issued under the authority of the Highway Traffic Act as amended, is displayed as required in 5.5 (c) of this By-Law. (e) No person shall obstruct a disabled parking space so to prevent the holder of a disabled permit from using the space. (f) The minimum size of a Designated Disable Parking Space shall be 4.4 metres in width including a clearly delineated 1.5 metre aisle. (g) Those vehicles having a properly displayed permit shall be permitted to park in the designated parking spaces described in column one of Schedule VI for the duration set out in column two of Schedule VI and for the times set out in column three of Schedule VI Fire Routes Where an authorized sign is on display, no person shall park any motor vehicle in a fire route. 5.7 Emergency Conditions The Town may erect authorized signs indicating Emergency No Parking at any location where a sign is required to: (a) facilitate the removal of snow, ice or debris from the highway or other Town owned lands. (b) facilitate the construction, reconstruction or repair town owned highways or utilities. (c) alleviate a dangerous traffic condition. (d) No person shall park a motor vehicle where Emergency No Parking Signs have erected. 9

10 PART B TRAFFIC PROVISIONS 6.0 MAXIMUM RATE OF SPEED In accordance with Schedule VIII of this by-law, no person shall drive a motor vehicle on a municipal roadway at a rate of speed greater than 40 kilometres per hour unless otherwise posted by an authorized sign. 7.0 STOP SIGNS The intersections as set out in column 1 of Schedule IX to this by-law are hereby designated as intersections at which stop signs shall be erected facing in the direction specified in column 2 of said schedule. 8.0 YEILD SIGNS The intersections set out in column 1 of Schedule X of this By-law are hereby designated as intersections at which yield right-of-way signs shall be erected facing in the direction specified in Column 2 of said Schedule. 9.0 COLLECTOR ROADWAYS The highways set out in Column 1 of Schedule XI of this By-law between the limits set out in Column 2 and 3 of this By-law are collector roads HEAVY TRUCKS (a) Except as provided in subsection (b), when authorized signs are on displayed, no person shall move, drive or operate a heavy truck on any highway or parts of highways within the Town, except those highways or parts of highways as further shown and detailed on Schedule XII of this By-Law; (b) Subsection (a) shall not apply to any vehicle engaged in making a delivery to or a collection from premises which cannot be reached except by way of a highway or portion of highway referred to in the said section or to prohibit the use of such vehicles for such purpose, provided that in making such delivery or collection the said highway or portion of highway is travelled only in so far as is unavoidable in getting to and from such premises LOAD RESTRICTIONS Pursuant to Section 122 of the Highway Traffic Act as amended, when authorized signs are on display, no person shall drive a vehicle with a load in excess of 5,000 kilograms (5 tonnes), per axles on any highway or part thereof described in Column 1 of Schedule XIII of this By-law from the location identified in Column 2 to the location identified in Column 3, during the months or time periods identified in Column 4 of said Schedule TURNING PROHIBITIONS (a) No person shall turn a motor vehicle at an intersection or portion of a highway on which authorized signs have been erected and are on display that restricts such turns. (b) The intersections or portions of highways set out in Column 1 of Schedule XIV to this By-law are hereby designated as intersections at which vehicles travelling in the direction set out in Column 2 are prohibited from making turns as set out in Column 3 during the times or on days set out in Column 4 of the said Schedule. 10

11 13.0 LANE DESIGNATIONS On the highways or portions of the highways listed in Column 1 of Schedule XV of this by-law, having been divided into clearly marked lanes between the limits set out in Column 2, each of the lanes indicated in Column 3 is designated for traffic moving only in the direction(s) indicated in Column 4, during the times or days indicated in Column 5, and such designation shall be indicated by the sign listed in Column 6 of said Schedule U-TURN PROHIBITIONS Where authorized signs are on display, no person shall make a U Turn while proceeding upon any highway or into an intersection of a highway as indicated in Column 1 of Schedule XVI of this By-law and in the direction indicated in Column 2 of said Schedule ONE WAY STREETS The highways set out in Column 1 of Schedule XVII of this By-law shall, where authorized signs are on display, be restricted to one way traffic between the limits set out in Column 2 thereof during the hours and days as set out in Column 3 and in the direction as set out in Column 4 of said Schedule COMMUNITY SAFETY ZONES Those sections of highways set out in Column 2 of Schedule XVIII of this Bylaw in relation to the highways identified in Column 1 of the said schedule are designated as community safety zones where authorized signs are on display PENALTY PROVISION Every person who contravenes any provision of this by-law is on conviction therefore guilty of an offence and shall be liable to a fine as provided for pursuant to the Provincial Offences Act, for each offence EFFECTIVE DATE The provisions of this by-law shall come into force effect on final passage of by the Council of the Town of Aurora and the approval of the Set Fines by the Office of Chief Judge for the Ministry of the Attorney General of the Province of Ontario REPEALING SECTION That the following by-laws are hereby repealed: T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T D T T T T T T T T 11

12 T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T READ A FIRST AND SECOND TIME THIS 28 TH DAY OF SEPTEMBER, READ A THIRD TIME AND FINALLY PASSED THIS 28 TH DAY OF SEPTEMBER, T. JONES, MAYOR B. PANIZZA, TOWN CLERK 12

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