HomeMy WebLinkAboutKIN 77 4043 Regulation of Traff
r --=-------
.. .,¿ '!.
THE CORPORATION OF THE TOWN OF KINCARD~NE
BY-LAW NO. 4043
BEING A BY-LAW FOR THE REGULATION OF T~IC
The Council of the Corporation of the Munici~ality of
Kincardine enacts as follows:
·
PART 1
DEFINITIONS
·
For the purpose of this By-law:
(a) COMMERCIAL MOTOR VEHICLE -
means any motor vehicle having permanen~ly attached
thereto a truck or delivery body and inqludes ambulances,
hearses, casket wagons, fire apparatus,jPolice patrols,
motor buses~.and tractors used for hauli,/,g purposes on
the highways.
(b) CORNER-
means the point of intersection of curb$ or edges of the
portion of the highway used for vehicul4r traffic.
( c) CROSSWALK-
means that part of a highway at an inte section that is
included within the connections of the ateral lines
of the sidewalks on opposite sides of t e highway
measured from the curbs or, in the abse ce of curbs,
fromA'l1,e edge~ of the roadway; or any p rtion of a
roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by si ns or by lines
or other markings on the surface. I
,
I
(d)
GROSS WEIGHT -
an~
load.
·
means the combined weight of vehicle
(e) HIGHWAY-
I
includes a common and public highway, Street, Avenue,
Parkway, Driveway, Square, Place, Bridg , Viaduct or
trestle, designed and intended for, or sed by, the
general public for the passage of vehic es.
(f) INTERSECTION-
~ means the area embraced within the proltngation or
connection of the lateral curb lines ort if none, then
of the lateral boundary lines of two orJmore highways
that join one another at an angle, whetfer or not one
highway crosses the other.
.." ~ ""'
{g) ONE-WAY STREET
means a street upon which veªicle traffiq is limited
to movement in one direction.
(h) PARK OR PARKING -
when prohibited, means the standing of a i vehicle , whether
occupied or not, except when standing te~porarily for the
purpose of and while engaged in loading ~r unloading
merchandise or passengers. '
·
(i) PEDESTRIAN-
means a person afoot and an invalid or c~ild in a
wheelchair or carriage. '
·
(j) POLICE OFFICER -
means a member of the police force or a ~erson authorized
by the Chief of Police to regulate traff+c.
(k) ROADWAY-
means that part of the highway that is ~proved, designed
or originally used for vehicle traffic, ~ut does not
include the shoulder, and, where a highwiY includes two
or more separate roadways, the term "roa way" refers to
anyone roadway separately and not to al of the roadways
collectively.
(1) SAFETY ZONE -
means the area or space set apart within¡a roadway for
the exclusive use of pedestrians is prot,cted or is so
marked OIl indicated by adequaue signs as i to be plainly
visible at all times while set apart as 1 safety zone.
(m) SIDEWALK-
means that portion of a highway between the curb lines,
of the lateral lines of a roadway and th$ adjacent
property lines, intended for the use of pedestrians.
(n) STAND OR STANDING -
·
when prohibited, means the halting of a tehicle, whether
occupied or not for the purpose of and w~ile actually
engaged in receiving or discharging pass~ngers.
(0) STOP-
when required, means a complete eessatio~ of movement.
(p)
(q)
(r)
STOP OR STOPPING -
when prohibited, means the halting of a ~hicle, even
momentarily, whether occupied or not, ex ept when necessary
to avoid cen£lict with other tra££ic or compliance with the c..:
directions of a constable or other polic$ o£ficer or of a
traffic control sign or signal. .
STREET - ho
see J.ghway
TRAFFIC - ,
J.ncludes pedestrians, ridden or herded a¡imalS, vehicles,
street cars and other conveyances either singly or~ogether
while using any street for the purpose 0 travel.
·
- 3 -
(s) TRAFFIC CONTROL DEVICE -
means any sign, or roadway, curb or sid~walk marking,
or other device erected or placed under ,the authority
of" the Municipal Council for the purposø of" guiding or
directing traf"fic. .
(t) TRAFFIC SIGNAL -
means any dèvice manually, electrically!or mechanically
operated f"or the regulation of" traf"fic.
·
( u) U-TURN-
means to turn a vehicle within a roadway so as to proceed
in the opposite direction.
(v)
VEHICLE -
·
includes a motor vehicle, trailer, trac~ion engine,
f"arm tractor, road-building machine and I any vehicle
drawn, propelled or driven by any kind <:If" power,
including muscular power, but does not ~nclude a
motorized snow vehicle, the cars of ele9tric or steam
railways running only upon rails. I
MOTOR VEHICLE -
(w)
includes an automobile, motorcycle, and I any other vehicle
propelled or driven otherwise than by m~scular power;
but does not include the cars of" electr~c or steam
railways, or other motor vehicles runnii only upon rails,
or a motorized snow vehicle, traction e ine, farm
tractor, self"-propelled implement of" hu bandry or road-
building machine within the meaning of his Act:
(x)
PEDESTRIAN CROSSOVER -
means any portion of" a roadway, designa~ed by By-law of
a municipality, at an intersection or e~sewhere,
distinctly indicated for pedestrian cr ssing by signs
on the highway and lines or other marki gs on the
surf"ace of" the roadway as prescribed bYlthe regulations.
I
!
OFFICIAL SIGN - i
(y)
·
means a sign approved by the Ministry or Transportation and
Communications.
(z)
THROUGH HIGHWAY -
·
means a highway or part of" a highway de
by the Minister or by By-law of" a munic
by the Ministry of" Transportation & Co
every such highway shall be marked by a
yield right-of"-way sign in compliance
of" the Ministry of" Transportation & Co
ignated as such
pality approved
unications and
stop sign or
th the regulations
unications.
- 4 -
PART 11
OBEDIENCE TO TRAFFIC REGULATIONS
1. POLICE TO ENFORCE BY-LAW
2.
The police department shall enforce the
this By-law.
OBEDIENCE TO TRAFFIC SIGNS AND SIGNALS
þrovisions of"
I
·
Every person shall promptly obey all si~als given
either by a police of"ficer or by a traf"~c control
device or a traf"fic signal. ¡
3.
ONTARIO HIGHWAY TRAFFIC ACT TO GOVERN
The provisions of" this By-law shall be ~bject to the
provisions of" the Highway Traf"fic Act (~.S.O. 1970,
Chapter 172) and amendments thereto. i
I
I
,
·
PART 111
PARKING
1. METHOD OF PARKING
(a) PARALLEL:
No person shall park a vehicle on any st eet other than
a one-way street unless on the right ha side of" the
street, having regard f"or the direction on which the
vehicle had been proceeding and unless t e right front
and rear wheels or runners are parallel 0 and
distant respectively not more than six i ches from the
edge of" the roadway.
(b) ANGLE:
Where angle parking is permitted, no pe~son shall park
a vehicle except at an angle of forty-f"i e degrees with
the edge of the roadway and so that the ront end of
the vehicle is nearest to the edge of t roadway.
(c) ONE-WAY STREETS:
Where parking is permitted on a one-way ftreet, a person
may park a vehicle f"acing only in the di ection in
which it was proceeding and with the rig t 1:;E'.:a~ and
r~t rear wheels parallel to and distant respectively
not more than six inches from the edge O~ the roadway,
provided that this provision shall not a ply where
parking on the right hand side of a one- ay street
is specifically authorized by By-law. I
PARKING PROHIBITED IN SPECIFIED PLACES: '
·
·
2.
No person shall park a vehicle in any o~ the following
places:
(a) On a Sidewalk.
·
·
·
·
(p)
3.
4.
5.
- 5 -
(b)
(c)
( d)
In f"ront of a public or private drivewa~.
Within fifty feet of a crosswalk at an ~ntersection.
In front of" or within 4 feet of the ent~ance to a
public lane or private driveway, or so 1s to prevent
ingress to or from such lane or drivewa~.
í
On a Crosswalk.
( e)
(n
Within ten feet of a point on the curb qr edge of" the
roadway opposite any f"ire hydrant.
Between a safety zone and the adjacent gurb or within
twenty feet of points on the curb immed~ately opposite
the ends of a safety zone. !
On any bridge, or in any subway or the ~pproaches thereto.
On any street in such a manner as to ob~truct traffic.
I
In such a position as will prevent the qonvenient
removal of any vehicle previously parkeq or lef"t standing.
(k) In front of" the entrance to any Hotel.
(1) On any street for a longer period than ~6 hours at any
one time.
(g)
(h)
(i)
(j)
(m) In front of the entrance to any place w~ere goods or
merchandise are regularly delivered or ~emoved.
I
In front of the entrance to a hospital. :
(n)
(0)
In front of" the main entrance to or anyJemergency exit
from any theatre, auditorium or other b~ilding, or for
1 hour immediately preceding and follo~ng such
assemblages. '
On any roadway f"or an unreasonable time ¡having
for the traffic requirements of such ro~dway.
i
regard
REPAIRING OF VEHICLES -
¡
I
~epairing or
No person shall use any street for the
painting of vehicle.
IN SPECIFIED PLACES WHERE SIGNS ARE ON ~ISPLAY -
When properly worded signs have been e~'cted and are
on display no person shall park a vehic e in contravention
of the directions indicated on said si s.
BUS AND TAXICAB STANDS I
(a) The driver of a bus or taxicab shall no~ stand or park
upon any street in any business distric~ at any place
other than at a bus stop or taxicab st~d respectively,
except that this provision shall not pr~vent the driver
of" any such vehicle from temporarily st~pping in accor-
dance with other stopping or parking regulations at
any place for the purpose of and while ~ctually engaged
in loading or unloading passengers. .
,
·
·
·
·
"
- 6 -
(b) No person shall stop, stand or park a v4hicle other than
a bus in a bus stop, or other than a ta~cab in a taxi-
cab stand when any such stop or stand h4s been officially
designated and appropriately signed, ex~ePt that the
driver of a passenger vehicle may tempo arily stop
therein for the purpose of and while ac ually engaged
in loading or unloading passengers when such stopping
does not interf"ere with any bus or taxi ab waiting to
enter or about to enter such zone. !
6. MUNICIPAL EMPLOYEES PARKING LOT -
1.
2.
(a)
3.
(a)
An area on the North Side of Durham Mar=et South
immediately east of the Town Fire Hall nd sufficient
to accomodate g cars be reserved for th exclusive use
of" Town Employees and persons providingfuniciPal
services to the Town - when properly we ded signs have
been erected.
i
PART lV
OPERATION OF VEHICLES
TURNS -
(a)
Every person in charge of a vehicle befo~e starting,
stopping, turning or changing its courSe~Sha11 take
the necessary precautions and make such ovement in
safety and without interfering with othe traffic.
No driver of a vehicle shall make a U-turn upon any
street unless it can be made in safety aþd without
interfering with other traf"fic, and whenl official signs
have been erected and are on display, nOLdriver of a
vehicle shall at any time make a U-turn fPon any streets
within the Town of Kincardine. .
(b)
(c)
Harbour Street from Queen Street to Huro
hereby designated for the use of one-way
the Traffic travelling westerly between
and Huron Terrace. This Section shall 0
while Official Signs are erected and on
Terrace is
traffic only,
ueen Street
y be effective
i splay.
(b)
FUNERAL AND OTHER PROCESSIONS -
No person shall intersect a funeral or Qþher properly
authorized procession while it is in motfon except
under the direction of" a police officer. I
!
,
The driver of a vehicle in a funeral or ~'ther procession
shall drive as near to the right hand ed e of the
roadway as practicable and f"ollow the ve icle ahead
as close as is practicable and safe.
I
ENTERING HIGHWAY -
,
,
!
The driver of" a vehicle emerging f"rom a trive-Way,
lane, lot or building shall stop the veh cle immediately
prior to driving onto the sidewalk and s all not enter
the roadway until he can do so in safetYt
.. .
·
·
·
·
,
...co , t
4.
1.
2.
1.
2.
7 -
ROLLER SKATES. ETC.
No person upon roller skates or riding ~.n or by means
of" a coaster, toy vehicle or similar de ice, shall go
upon the roadway except while crossing street on a
crosswalk. i
I
,
PART V
STREET CARS AND SAFETY ZONES
BOARDING OR ALIGHTING FROM STREET CARS 9R VEHIGLES -
No person shall board or alight from an~ street car or
vehicle while such street car or vehic11 is in motion.
SAFETY ZONES -
I
No persons shall drive a vehicle over o~ upon any
safety zone while a pedestrian is theredn or is about
to enter thereon. I
PART Vl
EMERGENCY PARKING PROHIBITIONS
Notwithstanding anything to the contrar~ contained
herein, the Chief" of" Police, during any ¡emergency or
special circumstances deemed sufficient ¡therefore may
by the use of appropriate signs or sign~ls suspend the
movement of any or all vehicular traffi1 or any street
or portion thereof and or may suspend a y or all parking
regulations and parking thereon and the Chief" of" Police
during such emergency may declare that ~ny vehicle already
parked is being parked illegally regard~ess of the time
permitted for parking such vehicle unde~ the provisions
of this By-law and notwithstanding that [the period
allowed to the owner or driver under th~s By-law has not
expired; provided however, that in this event the owner
or driver of" such vehicle is personally [notif"ied by a police
of"ficer that parking at such place has Jeen suspended,
and further that the owner or driver of such vehicle
is allowed a reasonable period of time 0 remove
said vehicle. :
In addition to the penalties provided h
of" Police or any other authorized Polic
order the removal of" any unlawf"ully par
a suitable place of storage and all cos
f"or the renewal, care and storage there
a lien on such vehicle.
,
i
rein the Chief"
Officer may
ed vehicle to
s and charges
f shall be
PART Vll
PENALTIES
Unless otherwise provided any person viilating any of
the provisions of" this By-law shall be ubject to a
penalty ef" not more. than Ten Dollars ($ 0.00) for the
first of"f"ence and not more than Fifty D llars ($50.00)
f"or every subsequent offence, exclusive Of costs, and
all such penalties shall be recoverable under the
Ontario Summary Convio~ions Act.
By-laws 2132 and 2195 of the TOwn of"
hereby repealed.
i
I
Ki1cardine
,
i
are
·
·
·
·
g -
,
P.1RT Vl11
PROVIDING FOR THE PAYMENT OF PARKING PENALTI~ OUT OF COURT:
WHEREAS under Section 354 (1) s.s. 107 (a) Of~'the Municipal
Act it is provided that Councils of" Cities, T wns, Villages,
Police Villages and Townships may pass by-law providing f"or
the voluntary payment of" penalties out of cou t for the
contravention of" the parking provisions of a y-law;
AND WHEREAS the Council of the Corporation of ¡the Town of
Kincardine deems it expedient to provide for ~he use of parking
tickets; ¡
,
NOW THEREFORE the Council of" the Corporation qf" the Town of
Kincardine enacts as follows:
1.
Where a vehicle is f"ound parked in cont¡Vention of the
parking provisions of a By-law of the M icipality of
Kincardine, the Police Officer so findi g the vehicle
shall attach to the vehicle a parking t'cket in the form
of a serially-numbered notice stating: .
(a) the.permit number and a concise descrip~ion of the
vehJ.cle, :
(b)
(c)
(d)
that the vehicle is unlawfully parked,
the date, time and place of the alleged ¡offence,
I
that the driver thereof may report to t~e office of the
Municipal Clerk within two days, exclus've of Sundays
and Holidays, after the day when the ti ket is attached,
to make a voluntary payment of the pena ty, and
(e) that in the event of failure to so repo~t and make such
payment a summons will be issued under 't1he Summary
Convictions Act. .
2.
The parking ticket shall be prepared in ¡triplicate and
the Police Officer shall attach one cop~ to the vehicle
and deliver one copy to the Municipal C~erk.
I
That payment may within t.wo days, excludive of Sundays
and Holidays, after the day when the ti~et is attached
to the vehicle, be made to the MuniCiP~Clerk or any
person designated by him to receive suc payment in the
sum of" $5.00 for all Parking Violations hich shall be
accepted as the payment of a penalty in f"ull satisfaction
in respect of the alleged offence, and receipt there-
fore shall be given to the person makin~ payment.
3.
~ !
.
.
.
.
I
I
I
I£ the payment is not voluntarily made ~'ì accordance
with the procedure provided in Sections 1 to 3, the
Summary Convictions Act and the penalti s provided in
the By-law alleged to have been contrav ,ned shall apply.
,
- 9 -
..
~
',..", 0-,_ ~ 4.
READ a FIRST and SECOND time this
19~.'
/4( ~~
~
READ a THIRD time and FINALLY PASSED
February
, 1977.
d:! ??f_u#
--C er
20th
d1y of
I
Janua ry
Floyd '-ieck
Ma¥Q:I: R ewe
I
i
this ~'day of
, "
I . _ :---__
I "- / -
i 0......_ 0.....,...-_
i .~ . , ", ~ -> ':.
í/f7- -','-,-':.
4/ "I-;r- ~~:~'1
/~. ~c '-..
, --..
-
) '>' ,!
-- ,-- -
~ 4 .;.,.."..
\;.!o -t)'
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. l..?/)Q
BEING a BY-LA'y'/ to Amend By-law 4043.
LEGISLATION: The Municipal Act, Section 354 (1) 106
NOW THEREFORE the Council of the Town of Kincardine ENA TS
as follows:
1. That By-law 4043 passed on the 3rd day of February, 1977,
be amended by adding thereto the following paragra to
Part IV:
5. Commercial motor vehicle
No person shall operate a commercial motor veh"cle exceeding 0.907
tonne ~ one( 1) ton~ gross weight, on North Road betwe n Broadway
(Highway No.9) and King Street (Highway No.1) while
signs have been erected to that effect.
2. By-law 4269 amending By-law 4043 shall not apply t vehicles
carrying out deliveries to a resident or occupant f any
property on North Road.
3. Notwithstanding anything hereinbefore contained, divers of
the following classes of vehicles shall not be req "red to
comply with terms of this By-law.
(a) Fire Department vehicles
(b) Ambulances
(c) Funeral coacbes
(d) School' buses
(e) Municipal vehicles - vehicles owned by the C rporation of
the Town of Kincardine or the Public Utility Commission
of the Town of Kincard:ine while such vehicle are being
used in connection with the construction, ma ntenance or
repair of any plant. or equipment of such Co ·ssion.
READ a FIRST and SECOND time this 21st day of Fe ruary, 1990.
John Askin l /7Á--
Mayor /
READ a THIRD t ÌIIIe and FINALLY PASSED this 6th yof
March , 1980.
L~ /' ttd0'-
Jfáyor
C
_ -__ _~. ____~M_'_____ _"_~_
~'--"---.
~.,.._._...- ----._----"
__'_nO
\
./
·
·
·
",--..
THE CORPORATION OF THE TOWN OF KINCA DINE
BY-LAW 4677
BEING A BY-LAW TO AMEND THE PENALTY S CTIONS
OF BY-LAWS 4660, 4607, 4516 and 4043. ~
WHEREAS the Council of the Corporation of the T wn of Kincardine
deems it expedient to amend the penalty provisi ns of certain .
by-laws.
THEREFORE the Council of the Corporation of the Town of
Kincardine ENACTS as follows:
1. That Section 5 of By-law 4660 passed on the 16th day of
May 1985, Section 15 of By-law 4607 passed 0 the 21st
day of June 1984, Section 4 of By-law 4516 p ssed on the
5th day of May 1983 and Paragraph One of Par VII of By-law
4043 passed on the 3rd day of February, 1977 be and the
same are hereby repealed and replaced with t e following:
Unless otherwise provided, any person v olating any
of the provisions of this by-law shall e subject to
a penalty of not more than $100.00 excl sive of costs,
and all such penalties shall be recover ble under
the Ontario Summary Conviction Act.
2. That this by-law shall come into full force a d effect on
the date of its final passing.
READ a FIRST and SECOND time this 15th day August 1985
Reeve
.s- CJ-.t'J11-
READ a THIRD time and FINALLY PASSED this !th da of Sept. ,1985.
~~~---
Mayor
Clerk
"..;41.;" to