HomeMy WebLinkAboutKIN 70 2130 Regulate parking
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TOWN OF KINCARDINE
BY-LAW NO. 2130
A By-law to regulate the parking of vehicles and the
control and use of parking meters.
WHEREAS it is ¡Jrovided by the Municipal Act .S.O. 1960
CHAPTER 249 SEC. 476s.s. 7 that Municipalities y pass By-Laws
for erecting, maintaining, and operating on any ighway or .
portion of a high"lIay automatic or mechanical met rs or devices,
with the necessary standards for the same, for t e purpose of
controlling and regulating the parking of any ve icles on the
highway'and measuring and recording the duration of such
parking. for requiring drivers of every vehicle rked on such
highways to make use of such meters or devices, nd to pay for
parking such vehicles on the highway a fee acco ing to the
amount of scale'prescribed by the By-law and as easured by the
meter or device, and for prohibiting parking of ehicles on such
highway or portion of a highway unless such met r or device is
made use of and such fee is paid, and for limit' g the right of
parking of vehicles on such highway to such dri ers as do make
use of such meters or devices and pay such fees.
\\1!EREAS because of traffic conditions in th downtown
business district of the Town of Kincardine and free movement of
traffic in the said business district has been peded and
congestion has resulted therefrom;
AND WHEREAS this Council considers that the
which the above-mentioned traffic conditions ma
by the designation of individual parking spaces
downtown business district, by providing for th
parking time indicators in conjunction therewit
parking in the said areas to reasonable interva
charging the operating of vehicles who enjoy th
park±~Tg space so designated, a portion of the c
ing and maintaining the same;
best way by
be remedied is
in the sa Íd
'use of mechanical
, by restricting
s of time and by
use of the
sts of establish-
.
NOW THEREFORE THE COUNCIL OF THE CORPORATIO OF THE TOWN OF
KINCARDINE ENACTS, AND BE IT ENACTED AS FOL WS:
1. That By-law Number 1837 of the Corporation e and the same
are hereby rescinded.
a. As used in this By-law, the following words shall be
~, defined as folloWR'
hiclea includes a motor veh, icle, trailer, ~Iraction engine
. tractor, road building machine and any ve icle drawn ·
pelled or driven by any kind of power, inc ding muscular
r, but does not include a mororized snow v hicle. the cars
electric or steam railways running only on rails;
oS' c--e. ßI( .L9iV' ,AI., .;7/# f
arktt or ttparking!, when prohibited, means t standing of a
hicle. whether occupied or not. except when tanding temporarily
. r the purpose of and while actually engaged n loading
merchandise or passengers.
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chamber for receiving and storing coins of
slot or place which said coin may be deposi
mechanism to indicate the passage of the i
during which parking is permissible and who
display an appropriate signal when the afo
of time has elapsed; also brief instructio
their operation.
wful money. a
ed,a timing
erval of time
h shall also
said interval
as to
.
INDIVIDUAL PARKING SPACE- a portion of the
of the street of sufficient length and dep
sidewalk curb to accommodate a vehicle to
paved surface
from the
e parked.
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3. CONGESTED AREA - for the purpose of this By- w the
"congested traffic area" is hereby declared 0 be those
streets as listed and indicated on Schedule" It attached
hereto, which schedule is hereby declared to and form
part of this &¡-law and it is hereby declare that because
of the flow of traffic on the portions of the streets
within the said area that parking therein shall be subject
to the provisions of this By-law.
4. DESIGNATION Or' INDIVIDUAL PARKING SPACES - t
committee of the Town of Kincardine is here
and directed to designate such individual pa
as they deem proper along the street in the
traffic area for the parking of vehicles. Ea
parking in each individual parking space aha
front wheel approximately in line with the i
parking meter.
With the use of a percentage of meters being of the . twin
head type the back bumper of the front car i at the
meter, and the front bumper of the rear car s at the
meter.
5. PARKING METERS TO BE INSTALLED- the said Pol'ce Committee
of the Town of Kincardine is hereby authoriz d and directed
to place, install and remove ,parking meters pon the curb
side or in the immediate area where parking s restricted.
All such parking meters shall comply with th conditions
set forth in the third paragraph of Section of,this
By-law and said meters shall be under manage ent, supervision
and control of the said Chief of Police.
police
authorized
king spaces
ngested
h vehicle
1 have its
i vidua 1
6. REDULATION OF PARKING IN INDIVIDUAL PARKING
a vehicle shall be parked in an individual rking space
where a parking meter has been installed, th person
parking such vehicle shall deposit such coin of lawful
mon cry in the said parking meter as required 0 comply with
the provisions of this By-law and insuch amo ts as shown
on the face of the neter, if such meter disp y the signal
showing that legal pirking is only permitted on such deposit.
The Council, shall, in accordance with the p ovisions of
the By-law, determine the length of time tha parking is
permissible in the individual parking space or which a
meter is installed upon the deposit of lawfu coins in the
parking meter as herein before provided and a set out in
Schedule "A" . Notice to the public shall be g ven by
appropriate signs setting forth the length 0 time for
which parking is permitted and the condition thereof. These
may be upon the parking meter stand or in th immediate
vicinity. Any vehicle which remains in an i dividual
parking space after the prescribed time for rking, is
hereby determined to be illegally parked, bu in no event
shall it be considered illegal parking if th meter display
signal shows that a proper deposit has been de for such parking.
The provisions of this By-law shall not appl to vehicles
parked or standing or standing upon the stre t of the Town of
Kincardine in the business area hereinbefare designated when such
vehicles are parked or standing between the ho s of 6:00 P.M.
in theevening until 9:00 ;",M. the following rning of each
weekday and on Sundays and Statutory Holiday .
Notwithstanding anything hereinbefore conta ed} drivers
of the following classes of 6;ehicles shall n t De required
to deposit coins in the parking meter provid d for a
parking space occupied by such vehicles.
(a) Fire Department Vehicles.
(b) Police Department Vehicles
(c) Ambulance
(d) Hearses
(e) Privately o,med vehicles in use by emplo ees of the Town
of KincardL~e on businesG, provided that such vehicles
are identified by having affixed to the indshield
thereof an official parking sticker issu d by the Chief
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of Police.
(f) Vehicles owned by the Corporation of the To n of Kincardime
(g) Vehicles of the Public Utilities Commission of the Town
of Kincardine while such vehicles are being used in
connection with the construction, maintenanc orrepair.
of any plant or equipment of such Commission
7. EVIDENCE- all parking is prohibited in any
where a meter is installed which displays a
that parking is not permitted unless a depos
proper coin or coins is made as herein provi
however that this shall not prevent the driv
vehicle from using the unexpired time remain
from its previous use without depositing a c
Any vehicle parked in contravention of this
be deemed to be an illegal parking under tœ
this By-law. The fact that a vehicle is in a
parking space when the time signal on the pa
the same shows no parking permitted unless a
a proper coin is made as herein provided sha
prima facie evidence of the unlawful parking
vehicle by its operator and/ of owner.
8. It shall be unlawful and a violation of the rovisions of
this By-Law for any person to cause, allow, ermit, or
suffer any vehicle registered in the name of or operated
by such person to be parked overtime or beyo d the period
of legal parking time established for any pa king meter
zone as hûrein described.
rking space
igna 1 showing
t of the
ed, provided
r of the
ng in themeter
in therein.
revision, shall
provisions of
individual
king meter of
deposit of
1 be deemed
of such motor
9. It shall be unlawful and a violation ofthe p ovisions of
this By-law for any person to permit a vehic e to remain or
be placed in any parking place adjacent to a y parking meter
while said meter is displaying a signal indi ating that the
vehicle occupying such parking space has alr ady been parked
beyond the period of time prescribed for sue parking space.
lO.It shall be unlawful and a violation of the p
this By-law to deposit or cause to be deposi
parking meter, any slug, device or metallic
any other substitute for a 5¢ or l¢ coin or
in circulation in the Dominion of Canada.
ovisions of
ed in any
ubstance or
awful money
11. It shall be unlawful and a violation oaf the' rovisions of
this By-law for any person to deface, injure, tamper with,
open or wilfully break, destroy or impair th usefulness
of any parking meter installed under the pro isions of
this By-law.
f2.It shall be duty of the police officers of t
Kincardine acting in accordance with the ins
by the Chief of Police of the Town of ~incar
(a) The number of each parking meter which i
the vehicle occupying the parking space
parking meter is or has been parking in
any of the provisions of this By-law.
(b) The Provincial registration number of su h vehicle.
(c) The time during which such vehicle is pa king in
violation of any of the provisions of th' s By-law.
(d) Any other facts, a knowledge of which is necessary to a
thorough understanding of the circumstan es attending
such violation.
e Town of
ructions issued
ine to report:-
dicates that
djacent to such
iolation of
Each such police officer shall also attach t such vehicle
a notice to the owner or operator thereof t t such vehicle
has been parked in violation of a provision f th€ By-law
and instructing such owner or operator to re ort to the
Municipal Office of the Town of Kincardine w'th regard to
such violation. Each such owner or operator, may within
48 hours of the time when such notice was at ached to such
vehicle pay to the said Town Treasurer'as a enalty for and
in full satisfaction of such violation, the urn of $l.OO.
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The failure of such owner or operator subject
penalties hereinbefore provided for violatio
of this By-law.
l).Any person violating any of the provisions 0 this By-law
shall be subject to a penalty of not more tha ten dollars
($lO.OO)for the first offence and not more t n twenty-
five dollars ($25.00) for every subsequent 0 rrt'Ce, exclusive
of costs and all such penalties shall be reco erable under the
Ontario Summary Convictions Act.
l4.(a)Nothing in this By-law shall be construed
the Town of Kincardine from providing for fr
space for loading and unloading,fo!' taxicab s
for other matters of similar nature or for re
installing parking meters in the said conges
special consideration.
(b) That any business establishment located i the congested
traffic area which operates a delivering ser 'ce and which
lacks adequate off street loading facilities y subject
to the approval of this Council be given a ba ing zone
on the pavement in front of such establishme in which
all other parking shall be prohibited. Said ading zone
sha II not exceed 22 feet in frontage and sha 1 be granted
upon payment of a fee to the Town Treasurer 0 $5.00 per
foot per annum, or such other rate as Counci may from
time to time by resolution direct.
l5.All sections of this By-law shall be deemed t
and independent and the invalidity of any se
provision hereof shall not affect the remaini
him or her to the
of the provisions
s prohibiting
parking
ands and
oving or not
d area and for
be separate
ion of
g sections.
16.The provisions of this By-law shall not appl
operator of any vehicle used for the purpose
goods, wares or merchandise, or any other co
by any person, provided that such person has
license from the Town Clerk as provided in t
succeeding paragraph.
l7.Any person who in consequence of business de 'vers goods,
wares or merchandise to any person residing t mporarily
or otherwise in the Town of Kincardine may a ly to the
Clerk of the Corporation of the Town of Kinca dine for a
license to permit such'delivery and if such 'cense is granted
and the prescribed fee, namely, $5.00 per ann ,is paid'
the operatæ' of any vehicle delivering such g ods, wares, or
merchandise may occupy any of the individual rking areas
within the said Parking Meter Zones without ing the said
Parking Meters, provided that in parking the aid vehicle
in any of the said areas the operator of such vehicle does
not use the said area for a period longer tha is reason-
ably necessary for the purpose of delivering he said goods,
wares or merchandise.
to the
f delivering
odity sold
btained a
next
l8. This By-law shall not become effective until approved by
the department of Transport and until the sig s reffered
to herein, have been erected and are on displa .
READ a FIRST,SECOND time this 21st day 0 May,
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READ a THIRD time and fina lly IB ssed this
May , 1970.
21s
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SCHEDULE "A" REFERRED TO IN BY-LA
minutes and
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Parking of vehicle shall be permitted upon th
parking time
parking
at a red parking meter with a red pipe standa ,and at the
rate of l¢ for the first 12 minutes and l¢ fo additional
l2 minutes up to a maximum of 10 pennies or 2 5¢ coins for
one or more l¢ coins or a 5¢ coin in a parkin
grey standard at the rate of l¢ for the first
l¢ for each additional 12 minutes with a maxi
of 60 minutes, and at the rate of l¢ for 15
a maximum of 2 hours
parking at meters with a yellow standard.
The congested area as referred to inparagrap
is ae follows:
of this By-law
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1. That part of Queen Street lying between D
Durham Market Square, North.
2. That part of Durham Market Square North 1
Street and Princess Street on both sides.
between Queen
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). That part of Haroo ur Street lying between
Huron Terrace on South Side only.
4. That part of Lambton Street lying between
Ruron Terrace.
5. That part of ¡,ambton Stre et Ea st , lying
and Princess Street.
een Street and
een St. and
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