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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