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Home My WebLink AboutKIN 90 001 Traffic and Parking By-Law '" ., , ,. THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1990 - 1 THE TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW A BY-LAW TO REGULATE TRAFFIC AND PARKING IN THE TOWN OF KINCARDINE First and Second Reading July 5,1990 Third and Final Reading September 20, 1990 { . \'\, PART I II III IV V VI VII VIII IX X XI XII XIII XIV XV " , i THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW INDEX TITLE SHORT TITLE DEFINITIONS ENFORCEMENT AND AUTHORITY 1. 2. ENFORCEMENT AUTHORITY TO INSTALL SIGNS GENERAL 1. 2. 3. 4 . OPERATION OF VEHICLES PEDESTRIAN RIGHTS AND DUTIES BICYCLES ANIMALS PARKING,STANDING AND STOPPING RESTRICTIONS 1. METHOD OF PARKING 2. PARKING PROHIBITED 3. NO PARKING 4. LIMITED PARKING 5. ANGLE PARKING 6. STOPPING PROHIBITED 7. NO STOPPING 8. NO STANDING 9. LOADING ZONES 10. TAXICAB STANDS 11. MUNICIPAL EMPLOYEE PARKING ON-STREET PARKING METERS PARKING FOR DISABLED PERSONS FIRE ROUTES PARKING ON PRIVATE PROPERTY TRAFFIC CONTROL SIGNALS PEDESTRIAN CROSSOVERS THROUGH HIGHWAYS INTERSECTION STOP SIGNS INTERSECTION YIELD SIGNS TURN MOVEMENTS 1. 2. 3. U-TURNS PROHIBITED MOVEMENT(S) LANE DESIGNATION PAGE(S) 1 - 3 3 3 3 4 4 4 - 5 5 6 6 7 - 8 9 9 9 9 9 - 10 10 10 10 10 1 1 11 - 13 13 - 14 14 - 15 15 - 16 16 1 6 16 16 16 17 1 7 17 17 < " " TRAFFIC AND PARKING BY-LAW INDEX (CONTINUED) PART XVI TITLE ONE WAY STREETS XVII CENTRE LANE: DUAL LEFT TURNS XVIII XIX REDUCED LOADS ON HIGHWAYS RATES OF SPEED (KMjH) XX HEAVY TRUCKS PROHIBITED 1. 2. 3. 4. HIGHWAYS BONA FIDE DESTINATIONS BRIDGE STRUCTURES - TOTAL WEIGHT BRIDGE STRUCTURES - AXLE WEIGHT XXI XXI I SCHOOL BUS LOADING ZONES PENALTIES 1. 2 . 3 . PENALTIES VOLUNTARY PAYMENT OF PENALTIES EXEMPTIONS XXIII XXIV ACTS TO GOVERN BY-LAWS REPEALED XXV VALIDITY PAGE(S) 17 17 17 17 18 [8 les 18 18 18 18 18 19 19 19 19 20 . .. THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE INDEX SCHEDULE NO. A B C D E F G H I J K L M N 0 P Q R S T U V DESCRIPTION SKATEBOARDS, ETC. PROHIBITED NO PARKING LIMITED PARKING ANGLE PARKING NO STOPPING NO STANDING LOADING ZONES TAXICAB STANDS MUNICIPAL EMPLOYEE PARKING ON-STREET PARKING METERS PARKING FOR DISABLED PERSONS ON HIGHWAYS PARKING FOR DISABLED PERSONS ON MUNICIPAL OR PRIVATE PROPERTY FIRE ROUTES TRAFFIC CONTROL SIGNALS PEDESTRIAN CROSSOVERS THROUGH HIGHWAYS INTERSECTION STOP SIGNS INTERSECTION YIELD SIGNS U-TURNS PROHIBITED MOVEMENTS LANE DESIGNATION ONE WAY STREETS . , , , TRAFFIC AND PARKING BY-LAW SCHEDULE INDEX (CONTINUED) SCHEDULE NO. W X Y Z AA AB AC DESCRIPTION CENTRE LANE: DUAL LEFT TURNS RATES OF SPEED (KM/H) HEAVY TRUCKS PROHIBITED HEAVY TRUCKS PROHITITED - BRIDGE STRUCTURES - TOTAL WEIGHT HEAVY TRUCKS PROHIBITED - BRIDGE STRUCTURES - AXLE WEIGHT SCHOOL BUS LOADING ZONES VOLUNTARY PAYMENT OF PENALTIES ~ THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 1990 - 1 A BY-LAW TO REGULATE TRAFFIC AND PARKING IN THE TOWN OF KINCARDINE WHEREAS various sections of the Municipal Act, R.S.O. 1980, Chapter 302 and the Highway Traffic Act, R.S.O. 1980, Chapter 198 and the regulations made thereunder permit the councils of local municipalities to regulate traffic and parking; AND WHEREAS the Council for The Corporation of the Town of Kincardine deems it important to enact a general by-law to regulate traffic and parking and to combine most existing traffic and parking by-laws into one; NOW THEREFORE the Counc i 1 for The Corpora t i on of the Town of Kincardine ENACTS as follows: PART I - SHORT TITLE Thi s by-law may be ci ted as the Town of Kincardine Traffic and Parking By-law. PART II - DEFINITIONS For the purposes of this by-law: 1. Administrator means the administrator or designate for the Town of Kincardine. 2. Authorized Sign means any traffic control device or traffic control signal placed or erected on a highway under the authori ty of this by-law for the purpose of regulating, warning or guiding traffic. 3. Bicycle, in addition to its accepted meaning, tricycle having a wheel or wheels of more than 50 in diameter. includes a centimetres 4. Boulevard means that part of the highway situated between the curb line and the property line of the lot abutting the highway, but does not include a sidewalk or shoulder. 5. Bus Stop means that portion of a highway designated by an authorized sign for the use of buses, as a space for loading and unloading passengers. 6. BY-law Enforcement Officer means a commissionaire, assistant or any other officer or civi 1 ian person engaged by the Kincardine Police Service to enforce or carry out the provisions of this by-law or any part or parts thereof. 7. Chief means the chief for the Kincardine Police Service. 8. Clerk means the clerk for the Town of Kincardine. 9. Corner means the point of intersection of curb lines. 10. Council means the Municipal Council of The Corporation of the Town of Kincardine. -1- c 11. Cul-de-sac means a highway terminating in a turn-around. 12. Curb Lines, a) where a curb has been constructed, means the line of curb, and b) where no curb has been constructed, means the edge of the roadway. 13. Driveway means the improved land on a highway which provides vehicular access from the roadway to adjacent land. 14. Frequent Municipal Service Parking Permit means a permit, which is placed on the sunvisor on the passenger's side of the vehicle, issued for a vehicle to park at any metered parking space within the Town, while on municipal business. 15. Heavy Truck means a commercial motor vehicle, having a weight when unloaded of 3 tonnes (3,000 kilograms) or more, or when loaded of 5 tonnes (5,000 kilograms) or more, but does not include a passenger vehicle, an ambulance. or a vehicle of the Police or Fire Departments. 16. Manager means the manager of public works for the Town ot' Kincardine. 17. Mayor means the mayor of the Town of Kincardine. 18. Motor Vehicle includes an automobile, motorcycle, motor assited bicycle and any other vehicle propelled or driven otherwise than by muscular power. 19. Municipal Parking Permit means a permit, which is placed on the sunvisor on the passenger's side of the vehicle, issued for a vehicle owned and operated by a municipal employee and used to permit the vehicle to park in a municipal employee parking area. 20. MunicipalilY means The Corporation of the Town of Kincardine. 21. One Way Street means a highway upon which vehicular traffic is limited to movement in one direction. 22. Parking Meter means a device that shall indicate thereon the length of time during which a vehicle may be parked, and which shall have as a part thereof a receptacle for receiving and storing coins, a slot or place in which such coins may be deposited, a timing mechanism to measure the passage of the interval of time during which the parking is permissible, and which shall also display a signal when said interval of time shall have elapsed. 23. Parking Space means that part of the roadway, the use of which is designated for the purpose of parking a vehicle. 24. Pedestrian means any wheeled carriages, wheelchairs. person afoot, and mus cu 1 ar invalids, children in powered or motorized 25. Shoulder means that portion of the highway lying adjacent to the roadway which is improved with granular or paved surface and is not intended for the passage of vehicular traffic. -2- , c 26. Sidewalk means that portion of a highway between the curb line and the property line of the lot abutting the highway improved for the use of pedestrians. 27. Time means whenever certain hours are named herein, Standard Time or Daylight Saving Time, whichever shall be in general use in the Town of Kincardine. 28. Town means the Town of Kincardine. 29. Traffic Control Device on a highway for the directing traffic. means a sign, marking or other device purpose of control I ing, guiding or 30. Traffic Control Signal means any device, manually, electrically or mechanically operated, for the regulation of traffic. 3J. U-Turn means to turn a vehicle wi thin a highway so as to proceed in the opposite direction. 32. Visitor Parking Permit means a permit, which is placed on the sunvisor on the passenger's side of a vehicle, issued for a vehicle to park at any metered parking space within the Town for the period specified on the permit. PART III - ENFORCEMENT AND AUTHORITY J. ENFORCEMENT All provisions of this by-law may be enforced by police officers throughout the judicial district of the Town of Kincardine. By-law enforcement officers may enforce the parking and stopping provisions of this by-law. 2. AUTHORITY TO INSTALL SIGNS a) The Manager or designate is hereby authorized to place, erect and maintain such traffic control devices as are required to give effect to the provisions of this by-law and/or which are authorized by the Schedules to this by- law. b) The Manager or designate is further authorized for the duration of the situation. to place, erect or maintain such traffic control devices and traffic control signals as are not authorized by this by-law but are required for safety and/or emergency reasons. c) Unless otherwise permitted, no person shall place, maintain or display upon any highway any sign, signal, marking or device which purports to be or is an imitation of or resembles any traffic control device or traffic control signal. wi thout the prior approval of the Manager or designate. d) Unless otherwise permitted, no person shall remove from any highway any sign, signal. marking or device without the prior approval of the Manager or designate. -3- . PART IV - GENERAL 1. OPERATION OF VEHICLES a) Driving On Other Than a Roadway No person shall drive a motor vehicle, a snowmobile, a motor assisted bicycle or a bicycle along any sidewalk, boulevard, except at a driveway, or on any Town park, beach, sports or playing field operated by the Town's Recreation or Parks departments ,'nless specifically authorized by resolution of Council. 0) Closed Roads No vehicle, except an emergency vehicle or a vehicle authorized by the Manager or designate or by a police officer pursuant to Section 114 of the Highway Traffic Act, shall be driven through or enter upon any highway, or part thereof, that is roped or barricaded or marked by authorized signs prohibiting its use. c) Newly Painted Lines No person shall drive, or attempt to drive, on or over or tamper wi th or walk on any newly painted I ine or series of lines on any roadway when the presence of such is indicated by markers, electric lanterns or otherwise. d) Blocking Intersection A driver or operator of a vehicle approaching a green traffic control signal at an intersection shall not enter the intersection unless traffic in front is moving in a manner that would reasonably lead him to believe that he can clear the intersection before the traffic control signal turns red. This prohibition, however, does not apply to the driver or operator of a vehicle who enters an intersection for the purpose of turning to the right or left onto an intersecting roadway and signals his intention to make such turn prior to entering the intersection. 2. PEDESTRIAN RIGHTS AND DUTIES a) Crossing Roadway Except where traffic control signals are in operation or where traffic is being controlled by a police officer, a pedestrian crossing a roadway at a place other than a pedestrian crossover shall yield the right-of-way to all vehicles upon the roadway, but nothing in this section shall relieve the driver of a vehicle from the obligation of taking all due care to avoid a collision. -4- . b) Games or Sports No person shall play or take part in any game or sport upon a highway and no person upon roller skates or riding in or by means of any coaster, skateboard, toy vehicle or similar device shall go upon a highway except for the purpose of crossing the roadway and when so crossing such person shall have the rights and be subject to the obligations of a pedestrian, Further, no person upon skateboards, roller skates or similar device shall go upon any sidewalk described in Schedule "A" to this by- law. c) The Use of Sidewalks No pedestrian shall utilize a roadway wherever sidewalks are provided adjacent to the roadway. d) Obstructing Parking Space No person shall place or cause to be placed any table, chair or other object on a roadway in such a manner as to obstruct or interfere with the use of a parking space by a motor vehicle, unless authorized by the Council. 3. BICYCLES a) Operation of Bicycles Every rider of a bicycle shall, when riding such a vehicle on a roadway, drive with due care and attention giving regard to pedestrians and other vehicles. b) Riding Abreast No person shall ride a bicycle on any roadway abreast of another bicycle except in the course of passing the other bicycle. c) Passengers (i) No person shall, on a roadway, while riding a bicycle designed to carry one person only, carry another person on the bicycle unless in a carrier specifically designed and attached thereto for that purpose. (ii) No person shall, while riding a bicycle on a roadway, carry any goods thereon in such manner as to interfere with the rider having full control of the bicycle. d) Parking (i) No person shall park a bicycle on any roadway. (ii) No person shall park a bicycle on any boulevard, sidewalk or shoulder except in an upright position and in such a manner as not to interfere wi th pedestrians. -5- , , . 4. ANIMALS a) Riding On Other Than A Roadway No person shall ride, drive, lead or back any animal, except household pets, within, across or along any sidewalk or boulevard except on a driveway. b) Attendance While In Motion No driver or other person vehicle on a highway shall in motinn unless they walk in charge leave the beside tl: of an animal drawn vehicle while it is animal drawing it. c) Parking No person shall leave a carriage, cart, wagon, sleigh or sled drawn by any animal on a highway without the animal drawing it. 5. FOULING OF HIGHWAYS No person shall throw, place, deposit or cause or allow to be deposited in any manner, either directly or indirectly, dirt, toxic substances, oil, filth, glass, handbills, paper or other rubbish or refuse or the carcass of any animal on any highway or bridge within the municipality. PART V - PARKING, STANDING AND STOPPING RESTRICTIONS 1. METHOD OF PARKING a) General Unless otherwise prohibited or permitted in this by-law, no person shall park or stop a vehicle on any roadway except on the right side of the roadway, having regard to the direction in which the vehicle has been proceeding, with the right front and right rear wheels or runners not more than 0.15 metres from the curb line. b) Parking On One Way Streets Where parking is permitted on either side or both sides of a one way street, no person shall park or stop a vehicle on any roadway except, having regard to the direction in which the vehicle was permitted to proceed, with the vehicle parallel to and not to exceed a distance of 0.15 metres from the curb line. c) Angle Parking Where angle parking is permitted, no person shall park a vehicle except at the angle with the roadway indicated by markings and/or signs, and so that the front end of the vehicle is nearest to the edge of the roadway. d) Boulevard Where bou I evard park a vehicle thereof. parking on the is permitted, no person abutting roadway or any shall part -6- . e) Parking Spaces Where parking spaces are designated on a roadway, no person shall park a vehicle in such a manner as to infringe upon or take up more than one parking space unless the vehicle cannot be accommodated in one parking space. 2. PARKING PROHIBITED a) General Unless otherwise permitted in this by-law, no person shall at any time park a vehicle in any of the following places: (i) on or overhanging the sidewalk or curb; (ii) on that portion of the boulevard that is not intended for the use of vehicles, and that portion of the boulevard between the lot line and the curb line; (iii) within an intersection; (iv) within 3 metres of a point on the curb or edge of the roadway nearest any fire hydrant: (v) within 9 metres of an intersecting roadway; (vi) in front of or wi thin 1.5 metres of the entrance to a driveway or so as to prevent ingress to or egress from such driveway; (vi i) in such a manner as to obstruct traffic: (v i i i) on any highway for a longer period of time than twelve (12) consecutive hours; (i x) on any highway between November 1st and April 30th between the hours of 3:00 a.m. and 6:00 a.m. ; (x) on any highway for the purpose of repairing, washing or maintenance of a vehicle, save when such use of the highway is unavoidable through emergency; (xi) on any highway for the purpose of soliciting, vending, buying or selling goods and/or services, unless otherwise permitted by by-law; (xi i) wi thin IS metres of ei ther s ide of a point designated as a bus stop; (xiii) on any Town park, beach, sports or playing field operated by the Town's Recreation or Parks departments;or -7- '- . (xiv) on any highway within seventy-two after having oil or other chemical the underside of the vehicle. (72) hours sprayed on b) Emergency Prohibition of Parking Despite Parts V and VI of this by-law and anything in Schedules "B"~ "e", "D", II E" , tlFlt, "G1t, "R", "1'1, "Jtt, "K" and "L", when authorized signs are on display, parking is prohibited on any highway during any emergency. For this purpose, "emergency" includes, but is not limited to, a fire, flood or other natural disaster, road repairs or maintenanc:e work of a publ ic utility maintenance or repair and any circumstance in which Section 114 of the Highway Traffic Act applies. c) In Specified Places Where Signs Are on Display When authorized signs have been erected display, no person shall at any time on a a vehicle in any of the following places: and are on highway, park (i) on any public lane: (ii) in a cul-de-sac along the turn-around; (i i i) on any highway within 15 metres of the termination of a dead end highway; (iv) in front of an emergency entrance to, or exit from a hospi tal, ambulance station, pol ice station, theatre, auditorium or other building in which persons may be expected to congregate in large numbers; (v) wi thin 30 metres on ei ther s ide of a point designated as a bus stop; (vi) on that side of any highway where the same abuts on the property of any public park, public playground or school; (vii) within 10 metres on either side of an access to a "Community Trail"; (viii) within 8 metres of any fire hall access on the side of the highway on which the fire hall is located and/or within 30 metres of such fire hall access on the opposite side of the highway; (ix) within 15 metres of an intersection; or (x) within 30 metres of an intersection controlled by traffic control signals. d) Bus Prohibition Subject to Part XXI, no person shall park a bus, including a school bus, or a heavy truck on any highway. -8- , . 3. NO PARKING When authorized signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways named or described in Schedule "B" to this by-law, on the side or sides of highways set out, during the times and/or days set out in the said Schedule. 4. LIMITED PARKING When authorized signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways named or described in Schedule "e" to this by-law, except on the side or sides of highways set out. during the times and/or days set out, for the length of time set out in the said Schedule. 5. ANGLE PARKING When authorized signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways named or described in Schedule "D" to this by-law, on the side or sides of highways set out in the said Schedule, except in accordance with Part V Section I .c) to this by-law. 6. STOPPING PROHIBITED a) In Specified Places Unless otherwise permitted in shall at any time on a highway the following places: this by-law, no person stop a vehicle in any of (i) within a School Bus Loading Zone; (ii) on any median strip separating two roadways or adjacent to either side or ends of such median strip; or ( i i i ) on, under or wi thin 30 metres of a bridge, elevated structure, tunnel or underpass. b) In Specified Places Where Signs Are on Display When authorized signs have been erected display, no person shall at any time on a a vehicle in any of the following places: and are on highway stop (i) within 30 metres of a designated school crosswalk: (ii) on that side of any highway where the same abuts on the property at any school except school buses while actually engag~d in loading or unloading passengers at which time the red signal lights and stop arm are in operation; -9- , . (iii) within 15 metres of a pedestrian crossover; or (iv) On the opposite side of any highway adjacent to school property, between the hours of 8:00 a.m. and 4:30 p.m., from Monday to Friday inclusive. 7. NO STOPPING When authorized signs have been erected and are on display, no person shall stop a vehicle on any of the highways or part of highways named or described in Schedule "E" to this by-law, on the side or sides of highways set out, during the times and/or days set out in the said Schedule. 8. NO STANDING When authorized signs have been erected and are on display, no person shall stand a vehicle on any of the highways or part of any highways named or described in Schedule "F" to this by- law, on the side or sides of highway set out, during the times and/or days set out in the said Schedule. 9. LOADING ZONES a) When authorized signs have been erected and are on display, no person shall stop a vehicle other than a commercial motor vehicle on any of the highways or parts of highways named or described in Schedule "G" to this by-law, on the side or sides of highways set out, during the times and/or days set out in the said Schedule, except that the driver of a passenger vehicle may temporarily stop in a loading zone for the purpose of and while actually engaged in loading or unloading passengers and/or merchandise, provided that such stopping does not interfere with any commercial motor vehicle entering or exiting such loading zone. b) The Council, on applicaton of a commercial enterprise, may designate a loading zone within the Town. c) If the loading zone is approved by Council, the applicant shall pay a yearly license fee as established by the Town's Consolidated Revenue By-law. 10. TAXICAB STANDS a) When authorized signs have been erected and are on display, no person shall stop a vehicle other than a taxicab on any of the highways or parts of highways named or described in Schedule "H" to this by-law, on the side or sides of highways set out in the said Schedule, except that the driver of a passenger vehicle may temporarily stop in a taxicab stand for the purpose of and while actually engaged in loading or unloading passengers, provided that such stopping does not interfere with any taxicab entering or exiting such taxicab stand. b) The Council, on application of a licensed taxi business, may designate a taxi-cab stand within the Town. c) If the taxi-cab stand is approved by Counci 1, the applicant shall pay a yearly license fee as established by the Town's Consolidated Revenue By-law. -10- . II. MUNICIPAL EMPLOYEE PARKING When authorized signs have been erected and are on display, the highways, parts of highways or sides of highways and for the hours or days named or described in Schedule "I" to this by-law are hereby designated as parking for municipal employees only who display a municipal parking permit issued by the Administrator. No driver of a vehicle shall park a vehicle in such location without displaying a valid Municipal Parking Permit as stipulated in this section. PART VI - ON-STREET PARKING METERS I. The highways, parts of highways and sides of highways named or described in Schedule "J" to this by-law are hereby designated as parking meter zones and the fee for the use of a metered parking space located in a parking meter zone is as indicated in the said Schedule. 2. No driver of a vehicle shall park such vehicle in a parking meter zone between the hours of 9:00 a.m. to 6:00 p.m. Monday to Saturday inclusive, except when such days are legal holidays, unless the driver of such vehicle deposits or causes to be deposited in the parking meter provided for the parking space occupied, coins totalling the fee set out in Schedule "J" for the use of such parking space. 3. The maximum length of continuous parking permitted in any parking space shall be set forth in Schedule "J" to this by- law. Every parking meter shall have affixed thereto a sign or notice indicating the hours and days parking is permitted and the maximum length of time for which continuous parking is permitted, in the parking space adjacent thereto, and the fee prescribed for the use of such parking space. 4. No driver of a vehicle shall allow suell vehicle to remain parked in a parking space for a period longer than that for which payment has been made in the form of coins deposited in the parking meter or meters, provided, however, that this shall not prevent the driver of a vehicle from using the unexpired time remaining in the meter ur meters from its previous use without depositing a coin therein. s. No person shall deposit or cause to parking meter, any slug, device or other of the Dominion of Canada or the United be deposi ted in any substitute for a coin States of America. 6. No driver of a vehicle shall park such vehicle in a parking meter zone in such a manner that it is not wholly within an area designated as a parking space and, if the vehicle is of such length as to prevent it being parked within one space, then the person parking same shall make the necessary deposit of coins in the parking meter provided for each parking space occupied. This section shall not authorize a vehicle to be parked parallel to the curb or edge of roadway in a location where angle parking only is provided. -11- 7. a) The Town of Kincardine. on the application of a taxicab operator, may designate parking spaces in a parking meter zone within the Town of Kincardine as taxicab stands and may grant to such operator a license to park taxicabs operated by him in such stands. b) No such taxicab stand shall be greater in length than 18 metres and the yearly license fee therefore shall be a set out in the Town's Consolidated Revenue By-law. c) No person shall park any taxicab in a metered parking space, during the times designated in Schedule "J" whether the prescribed fee for the use thereof is paid or not, for the purpose of soliciting business. d) It shall be lawful for the driver of a taxicab to stop his taxicab in any unoccupied parking space while actually engaged in loading or unloading passengers, without having to pay the fee prescribed in Schedule "J" to this by-law. 8. (a) The Administrator or designate for the Town of Kincardine may issue a Frequent Municipal Service Parking Permit to the owner of any vehicle who performs a service for the Town of Kincardine and is required to park at parking metres on a frequent basis on municipal business. (b) The Mayor or Administrator Visitor Parking Permit to visiting the Town. or designates may any owner of any is s ue a vehicle (c) Every owner of a motor vehicle who displays a Frequent Municipal Service Parking Permit or a Visitor Parking Permit shall not be required to deposit coins into any meter for a parking space. (d) No one shall al ter a Visi tors Parking Permi t or a Frequent Municipal Service Parking Permit after it has been issued by the appropriate authority under this Part. Any such permit that has been altered or changed shall become void. (e) Permits issued under this section shall only be valid for the dates and vehicle indicated, on the permit and for whom the permit was issued. 9. The collection of coins deposited in parking meters within the Town shall be under the control and jurisdiction of the Town of Kincardine. 10. Churches and funeral parlours within the parking meter zone at which funeral services are being held are hereby given authority to place signs on parking meters or otherwise in a manner approved by the Manager, or designate, indicating that parking, except for those attending such service, is temporarily prohibited in the parking spaces so marked for a period of one hour in advance of the scheduled time of such service, and during such service, and any persons disobeying the instructions of said signs shall be considered as violating the provisions of this Part relating to parking. It shall not be necessary for the owner or driver of a vehicle parked in connection with such service in the parking spaces so marked to deposit any coin during the aforesaid period. -12- I!. No one shall use a parking meter zone for any other than to park a motor vehicle, unless authorized Administrator, Manager, Chief or designates. purpose by the PART VII - PARKING FOR DISABLED PERSONS I. In this part: (a) "Designated 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 Traffice Act and the regulations made thereunder and this by-law. (b) "Municipal or private property" means any open area or portion of a structure, other than a street or highway, intended for the temporary parking of vehicles and on which there are designated parking spaces, whether their use involves the payment of a fee or otherwise. (c) "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. 2. A designated parking space shall be distinctly indicated in accordance with the requirements of the Highway Traffic Act and the regulations made thereunder. 3. A designated parking space on municipal or private property shall have a width of not less than 4.4 metres. 4. Designated parking spaces, (a) on streets and highways are described 1n Schedule "K", and (b) on municipal or private property are described in Schedule "L". 5. 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 designated parking spaces in accordance with Schedule "L", 6. Despite any other provisions in this by-law, no person shall park a vehicle on a street or highway in such a manner as to interfere with the clearing of snow from the street or highway. 7. The driver or operator of a vehicle which displays a permit in accordance with the requirements of the Highway Traffic Act and the regulations made thereunder and this by-law 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. -13- 8. No person or organization shall, (a) park a vehicle in a designated parking space, or (b) be entitled to the benefit of an exemption under this by- law. Unless a currently valid permit has been issued to that person, organization or to a passenger being picked-up or transported in the vehicle and such permit is displayed on or in the vehicle in accordance wi th the requirements of the Highway Traffic Act, the regulations made thereunder and this by-law. 9. An officer or constable of the Town of Kincardine Police Service, upon discovery of any vehicle parked or standing in contravention of the provisions of this part, may cause it to be moved or taken to and placed 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 the manner provided by the Repair and Storage Liens Act, 1989. 10. Nothing parking money in in this section shall exempt authorized persons at a designated handicapped space from depositing parking meters as required in Part VI of this by-law. PART VIII - FIRE ROUTES 1. In this part: (1) "owner of property" means the person shown as the owner of property on the last revised assessment roll of the Town; (2) "person" includes a corporation: (3) "vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power. 2. (I) The clerk for the Town, fOllowing the date upon which Council adds the municipal address of a property to Schedule "M" of this by-law, shall cause a notice to be mailed by prepaid registered post to the owner of such property. (2) Such notice shall indicate when the municipal address of the property was included in or added to Schedule "M" of this by-law and which private roadways theron shall be marked as fire routes by signs. (3) In the case of a property upon which there is a condominium, notice under this section shall be mailed to the corporation incorporated by The Condominium Act, as amended, and notice to such corporation shall be deemed to be notice to the owner of every unit of such condominium. -14- . 3. (1) The owner of a property, before erecting signs pursuant to a notice under Section 2, shall obtain direction from and the approval of the Manager or designate to give such direction and approval, for all such signs, the wording thereon and the location thereof. (2) The owner of a property shall erect signs marking private roadways thereon as fire routes in accordance with the approval under subsection (1) within thirty (30) days following the date upon which a notice under section 2 is mailed. 4. Each private roadway, (I) which is on a property of which the municipal address is listed in Schedule "M" hereto, and (2) beside or near which there are signs marking it as a fire route, is hereby designated as a fire route. S. The owner of a property upon which there is a private roadway that has been designated as a fire route: (I) shall maintain the signs marking it as a fire route; and (2) shall keep such private roadway: (a) in good repair; (b) clear of snow and ice; and (c) free of all obstructions. 6. No person shall along any part route. park or leave a vehicle at any time on or of a private roadway designated as a fire 7. An officer or constable of the Kincardine Police Service, upon discovery of any vehicle parked or standing in contravention of the provisions of this by-law, may cause it to be moved or taken to and placed or stored in a sui table 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 the manner provided by the Repair and Storage Liens Act, 1989. PART IX - PARKING ON PRIVATE PROPERTY I. No person shall park or leave a motor vehicle on private property without authority from the owner or occupant of such property or on property of the municipality or any local board thereof where parking by the public is not authorized. 2. The driver or owner of a motor vehicle parked or left on private property or on property of the municipality or any local board thereof is not liable to a penalty or to have the motor vehicle removed from such property or impounded for a contravention of Section I unless: -15- . (1) such property is clearly marked by signs erected thereon which prohibit unauthorized parking on such property; and (2) written authority is received by the By-law Enforcement Officer from: (a) in the case of private property, the owner or any adult occupant thereof; (b) in the case of municipal property, an official of the municipality; or (c) in the case of property of a local board, from an official of the local board; authorizing and directing the said By-law Enforcement Officer to enforce the provisions of this by-law on the property set out and described in the said notice for the time or period of time indicated therein. 3. An officer or constable of the Kincardine Police Service, upon discovery of any vehicle parked or standing in contravention of any provision of this Part, may cause it to be moved or taken to and placed or stored in a sui table 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 the manner provided by The Repair and Storage Liens Act, 1989. PART X - TRAFFIC CONTROL SIGNALS The installation of traffic control signals is hereby authorized at the locations set out in Schedule "N" to this by-law. PART XI - PEDESTRIAN CROSSOVERS When authorized signs have been erected and are on display, the highways or parts of highways named or described in Schedule "0" to this by-law, at the locations set out in the said Schedule, are hereby designated as Pedestrian Crossovers. PART XII - THROUGH HIGHWAYS The highways or parts of highways named or described in Schedule "P" to this by-law are designated as "Through Highways" except at intersections thereon where traffic control signals are installed and are in operation. For all highways or parts of highways designated as a "Through Highway", a stop sign or a yield sign shall be erected facing approaching traffic on the highways or parts of highways intersecting the "Through Highway". PART XIII - INTERSECTION STOP SIGNS Stop signs shall be erected at the intersections named or described in SchedUle "Q" to this by-law, facing the traffic travelling in the direction specified in the said Schedule. PART XIV - INTERSECTION YIELD SIGNS Yield signs described in travelling in shall be erected at the intersections named or Schedule "R" to this by-law, facing the traffic the direction specified in the said Schedule. -16- PART XV - TURN MOVEMENTS 1 . U-TURNS When authorized signs have been erected and are on display, no person shall operate a vehicle in such a manner as to make a U-Turn on any of the highways or parts of highways named or described in Schedule "s" to this by-law. 2. PROHIBITED MOVEMENT(S) When authorized signs have been erected and are on display, no person operating a vehicle on any of the highways or parts of highways named or described in Schedule "T" to this by-law, proceeding in the direction or emerging from a property set out, shall make the movement(s) set out, during the time and/or days set out, in the said Schedule. 3. LANE DESIGNATION When authorized signs have been erected and are on display, no person operating a vehicle on any of the highways or parts of highways named or described in Schedule "U" to this by-law, shall make any movement(s) except, proceeding in the direction as set out, as set out in the said Schedule. PART XVI - ONE WAY STREETS When authorized signs have been erected and are on display, the highways or parts of highways named or described in Schedule "V" to this by-law are designated as one way highways in the direction of travel stated in the said Schedule. PART XVII - CENTRE LANE: DUAL LEFT TURNS When authorized signs have been erected and are on display, no person shall operate a vehicle on any of the highways or parts of highways named or described in Schedule "W" to this by-law, except for the purpose of turning left. PART XVIII - REDUCED LOADS ON HIGHWAYS Pursuant to Section 104a. of the Highway authorized signs have been erected and are on shall drive a vehicle in excess of 5 tonnes highways or parts of highways at any time. Traffic Act, when display, no person per axle on those PART XIX - RATES OF SPEED (KM/H) When authorized signs have been erected and are on display, the maximum permissible rate of speed on any of the highways or parts of highways named or described in Schedule "X" to this by-law shall be that rate of speed set out in the said Schedule. -17- PART XX - HEAVY TRUCKS PROHIBITED 1. HIGHWAYS When authorized signs have been erected and are on display, no person shall drive, move, park, or operate a heavy truck on any highway or parts of highways named or described in Schedule "Y" to this by-law, during the time and/or days set out in the said Schedule. 2. BONA FIDE DESTINATION Section 1 of this Part shall not apply to the driver of a heavy truck making a bona fide delivery to. or a cullectiClll from, a premise or premises which cannot be reached by any route other than a highway or part of a highway where heavy trucks are not permitted within this by-law, provided that when making such a delivery or collection the same highway or portion of highway is travelled only insofar as is unavoidable in getting to and from such premise or premises. 3. BRIDGE STRUCTURES - TOTAL WEIGHT When authorized signs have been erected and are on display, no person shall drive, move or operate any vehicle or combination of vehicles on any of the bridge structures named or described in Schedule "Z" to this by-law, if the gross weight of such vehicle or combination of vehicles exceeds the maximum permissible weight specified in the said Schedule. 4. BRIDGE STRUCTURES - AXLE WEIGHT When authorized signs have been erected and are on display, no person shall drive, move or operate any vehicle or combination of vehicles on any of the bridge structures named or described in Schedule "AA" to this by-law, if the gross weight of such vehicle or combination of vehicles exceeds the maximum permissible weight per axle specified in the said Schedule. PART XXI - SCHOOL BUS LOADING ZONES When authorized signs have been erected and are on display, the driver of a school bus must stop on those highways or parts of highways named or described in Schedule "AB" to this by-law on the side or sides of highways set out in the said Schedule. PART XXII - PENALTIES 1. PENALTIES a) Save as otherwise provided herein, any person violating any of the provisions of this by-law is guilty of an offence and is liable upon conviction to a fine not exceeding Two Thousand Dollars ($2,000.00) exclusive of costs, and every such fine is recoverable under the Provincial Offences Act. -18- . ~ b) The driver of a motor vehicle, not being the owner, is liable to any penalty provided in this by-law, and the owner of the motor vehicle is also liable to such penalty unless, at the time the offence was committed, the motor vehicle was in the possession of a person other than the owner or his chauffeur without the owner's consent, c) Notwi thstanding Sub-section 1 a) of this Part. any person violating any of the provisions of Parts X. XI, XII, XIII. XIV. XVI. XVII. XVIII, XIX, and XX is guilty of an offence and shall be subject to the penalty provided for such violation in the Highway Traffic Act. 2. VOLUNTARY PAYMENT OF PENALTIES a) Notwithstanding all other provisions of this Part In respect to penalties for violation of the provisions of this by-law, any person may, upon presentation of a parking violation tag issued by a police officer or a by-law enforcement officer alleging commission of any of the offences under this by-law set out in Schedule "AC", payout of court within the time limit specified on the said parking tag the penal ty set out opposi te such offence. as indicated in Schedule "AC" to this by-law, Upon such payment. no further proceedings shall be taken under this by-law in respect of the said offence alleged in the parking violation tag. b) If a voluntary payment is not made in accordance with the procedure provided in Sub-section 2 a) of this Section, the procedures of the Provincial Offences Act or any successors thereof shall apply. 3. EXEMPTIONS Part IV (Section 1 only), Part V, VI, VIII, IX, XV, XVI, XVII, XVIII and XX (Sections 1 and 4 only). shall not, if compliance therewith would be impractical, apply to an emergency vehicle as defined within the Highway Traffic Act and/or a vehicle engaged in works undertaken for or on behalf of the Town or Public Utilities Commission. PART XXIII - ACTS TO GOVERN HIGHWAY TRAFFIC ACT AND MUNICIPAL ACT The provisions of this by-law shall be subject to the provisions of the Municipal Act, R.S.O. 1980, Chapter 302 and of the Highway Traffic Act, R.S.O. 1980, Chapter 198, and any amendments thereto. PART XXIV - BY-LAWS REPEALED By-law Nos. 1480. 2061. 3122. 3123. 3164, 3165, 4043, 4044, 4076. 4110,4269.4303.4351.4503.4516.4532,4540,4660, 4607, 4775. 1987-36, 1987-40, 1987-61, 1987-68. 1987-109. 1989-20 and 1989-54 of The Corporation of the Town of Kincardine, and all by-laws amending the same, are hereby repealed. -19- t '1:".1 I, ~ a ~ , 1 ! I , .:i . PART XXV - VALIDITY Should any part, section or provision of this by-law be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or in part thereof, other than the part which was declared to be null and void. READ a FIRST and SECOND time this 5th day of July, 1990. , ~ ~ . ' ( " j ','/Jl1 (Y '~6J;<, ,~ Mayor .-",/ -- :.---- -----''-.. READ a THIRD time and FINALLY PASSED this 20th day of September, 1990. /., ....---.-./ ~~ .," ( \- .. I, Ronald R. Shaw, Clerk of The Corporation of the Town of Kincardine, do hereby. certify this to be a true and complete copy of By-Law 19?0-1 passed by the Councll of The Corporation of the Town of Kincardine at its meetlng on September 20th, 1990. DATED AT, Kincardine THIS 20th DAY of SEPTEMBER, 1990. . Sliaw 1erk-Administrator , . -2- ITEM DESCRIPTION OF OFFENCE 30. Parked in Prohibited Area 31. Parked over time 1 imi t 32. Stopped in School Bus Loading Zone 33. Stopped on Median 34. Stopped Adjacent to median 35. Stopped at end of median 36. Stopped within 30 m. of bridge 37. Stopped within 30 m. of tunnel 38. Stopped wi thin 30 m. of elevated structure 39. Stopped within 30 m. of underpass 40. Stopped in No Stopping 41. Stand in No Standing 42. Stopped in Loading Zone 43. Stopped in Taxicab Stand 44. Parked at expired meter 45. Parked in other than parking space 46. Parked taxicab in a metered space 47. Parked in designated handicap space 48. Parked in fire route 49. Parked on private property 50. Parked on municipal parking 51. Driver stop school bus outside of designated area PART /SECTION VI3 V/4 V/6(a) (i) V/6(a) (ii) V/6(a) (ii) V/6(a) (ii) V/6(a) (iii) V /6 (a) (i i i) V/6(a) (iii) V/6(a) (iii) V/7 V/8 V/9 V/IO VI/4 VI/6 VI/7 (e) VII/8 VIII/6 IX/I IX/2 XXI VOLUNTARY PAYMENT 1 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 5.00 10.00 10.00 50.00 25.00 15.00 15.00 15.00 BY-LAW NO. 1990 - TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "AC" PART XXII. Section 2 - VOLUNTARY PAYMENT OF PENALTIES ITEM DESCRIPTION OF OFFENCE 1. Parked more than 0 .15 m. from curb 2. Parked facing the wrong direction 3. Parking facing the wrong direction on One Way Street 4. Parked More than 0.15 m. from curb on One Way Street 5. Failed to Park Parallel to curb on One Way St. 6. Not parked on Angle 7. Parked on the abutting Roadway 8. Parked not wholly in Parking space 9. Parked (on/over) sidewalk 10. Parked on Boulevard 11. Parked in Intersection 12. Parked wi thin 3 m. of a fire Hydrant 13. Parked within 9 m. of an Intersecting Roadway 14. Parked within 1.5 m. of a Driveway 15. Parked Obstructing Driveway 16. Parked Obstructing Traffic 17. Parked Longer than 12 Consecutive Hours 18. Parked on Hwy. Between 3:00am & 6:00am Nov. 1 to April 30 19. Parked for Repairing Vehicle 20. Parked for washing Vehicle 21. Parked for Maintaining Vehicle 22. Parked for Soliciting (Goodsl Services) 23. Parked for Buying (Goodsl Services) 24. Parked for Selling (Goods I Services) 25. Parked within 15 m. of a Designated Bus Stop 26. Parked on (Sports/P1aying) Field 27. Parked on Hwy within 72 hrs. of sprayed undercoating 28. Parked on Hwy. during an emergency 29. Parked (Bus/Trucks) on Highway PART ISECTION VOLOOTARY PAYMENT .1 VII (a) V 11 (a) V 11 (B) VII (b) V 11 (b) V 11 (c) VII (d) VII (e) V/2(a) (i) V/2(a) (ii) V/2(a) (iii) V/2(a) (iv) V 12 (a) (v) V/2(a)(vi) V/2(a) (vi) V/2(a) (vii) V/2(a) (viii) V I (a) (ix) V/2(a) (x) V 12 (a) (x) V 12 (a) (x) V/2(a) (xi) V/2(a) (xi) V/2(a) (xi) V/2(a) (xii) V/2(a) (xiii) V/2(a) (xiv) V/2(b) V/2(d) 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 . ../2 .' BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "AB" PART XXI - SCHOOL BUS LOADING ZONE HIGHWAY Russell St. SIDE South FROM Princes St. TO Victoria St. PART XX, Section 4 - BRIDGE STRUCTURES - AXLE WEIGHT NUMBER OF AXLES ON HIGHWAY BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "AA" BETWEEN AND WEIGHT BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "Z" PART XX. Section 3 - BRIDGE STRUCTURES - TOTAL WEIGHT ON HIGHWAY BETWEEN AND WEIGHT , BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "Y" PART XX. Section 1 - HEAVY TRUCKS PROHIBITED - HIGHWAYS HIGHWAY North St. FROM King St. TO Broadway WEIGHT TIMES/DAY Any Time OIlC' Tonne . . HIGHWAY BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "X" PART XIX - RATES OF SPEED (KM/HR) FROM TO MAXIMUM SPEED Kincardine Ave E. Town Limi t Park Street 60 km./hr Broadway E. Town Limi t Sutton Street 60 km./hr Queen Street Kincardine Ave Bruce Ave. , 40 km./hr Queen Street Durham Market S.Broadway 40 km./hr Durham St. Princes E. Town Limi t 40 km./hr Russell St. Princes E. Town Limi t 40 km./hr Huron Terrace Harbour Broadway 40 km./hr HIGHWAY BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "W" PART XVII - CENTRE LANE DUAL LEFT TURNS FROM TO BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "V" PART XVI - ONE WAY STREETS HIGHWAY Harbour St. Mechanics Lane Goderich Street Kincardine Ave FROM TO Queen St. Huron Terrace Queen St. Huron Terrace Kincardine Ave Bruce Avenue Penetangore Row Goderich Street DIRECTION West West South West ~ HIGHWAY BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "U" PART XV, Section 3 - LANE DESIGNATION DIRECTION LOCATION MOVEMENT(S) BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "T" PART XV, Section 2 - PROHIBITED MOVEMENT(S) PROHIBITED FACING TRAFFIC HIGHWAY MOVEMENT LOCATION TRAVELLING TIMES/DAY Penetangore Do Not Enter Bruce St. East Any Time Row Ramp Broadway Ramp Do Not Enter Sutton St. West Any Time Harbour St. Do Not Enter Huron Terrace East Any Time Mechanics Do Not Enter Huron Terrace East Any Time Lane . HIGHWAY Queen St. BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "S" PART XV, Section 1 - U-TURNS FROM Durham Market South TO Broadway TIMES/DAY Any Time . HIGHWAY BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "R" PART XIV - INTERSECTION YIELD SIGNS INTERSECTION FACING TRAFFIC TRAVELLING Broadway Ramp East Sutton St. Penetangore Row Ramp Bruce Ave. West " Page 3 SCHEDULE "Q" BY-LAW NO. 1990 - I HIGHWAY INTERSECTING AT FACING TRAFFIC TRAVELLING North North and South West East West South West West North and South West South-West Queen Street Kincardine Ave./Queen St. Ramp Penetangore Row Bruce Avenue Bruce Ave. Penetangore Row Duncan Place Fraser Dr. Stewart Dr. Fraser Dr. Murray Blvd. Stewart Dr. Murray Blvd. Fraser Dr. Lynden Cres. Park St. (twice) MacDougall Dr. Lynden Cres. Wieck St. Park St. McCullough Cres. Wieck St. (twice) Coombe Dr. Wieck St. North Morrison Cres. Coombe Dr. (twice) West Clinton St. Princes St. East . Page 2 SCHEDULE "Q" BY-LAW NO. 1990 - 1 FACING TRAFFIC HIGHWAY INTERSECTING AT TRAVELLING Princes St. Lambton St. North and South Princes St. Durham Market North South John St. Princes St. East John St. Huron Terrace West Maurer Crt:.~ s . John St. South West Street Nelson St. North and South Campbell Cres. West St. West Manor Wood Cres. West St. East Saugeen St. Durham St. North and South Saugeen St. Lambton St. South MacDonald Ave. Durham St. South Lambton St. Victoria St. East Park Lane South St. North Reynolds Dr. MacKendrick Dr. East Reynolds Dr. Russell St. South Rowan Dr. MacKendrick Dr. South Brownell Dr. Andrew Malcolm Dr. South Andrew Malcolm Dr. Brownell Dr. South GOldie Cres. McPherson Cres. South Baird St. McPherson Cres. East and West McPherson Cres. Andrew Malcolm Dr. South Campbell Ave. Reynolds Dr. East MacYoung Dr. Kennard Cres. North Cameron Court McGaw Dr. West Durham Market North Princes St. East Durham Market South Princes St. East Alice St. Kincardine Ave. North Goderich St. Bruce Ave. South Kincardine Ave. Queen St. East and West .' TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "Q" PART XIII - INTERSECTION STOP SIGNS FACING TRAFFIC HIGHWAY INTERSECTING AT TRAVELLING Mitchell Court North St. West North St. Broadway South Philip Place Gary St. East and West Broadway Sutton St. West Mechanics Ave. Sutton St. East Mechanics Ave. Princes St. East and West Mechanics Ave. Huron Terrace East and West Mechanics Ave. West St. West Mechanics Lane James St. West and East Mechanics Lane Queen St. West Mechanics Lane Huron Terrace East and West James St. Mechanics Ave. North and South James St. South St. South James St. Highland Dr. North Withers Cres. Williamsburg St. South Walker Circle Williamsburg St. North Charles St. Mechanics Ave. North South Lane James St. East and West South Lane Will i am St. West Nelson St. Huron Terrace East and West King St. James St. East Highland Dr. Princes St. West Princes St. King St. South Princes St. Nelson St. North . , BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "P" PART XII - THROUGH HIGHWAYS HIGHWA~ FROM TO Queen Street South Limit of Albert St North Town Limi t Broadway West Town Limit East Side of Charles Street Huron Terrace and Penetangore Row North Limit of Bruce Avenue South Limit of Broadway King Street North Town Limit East Side of Sutton Street King Street East Side of Saugeen St. East Side of Huron Terrace Durham Street East Town Limit East Side of Queen Street Russell Street East Town Limit East Side of Princes Street Kincardine Ave. East Town Limit West Side of Princes Street Bruce Avenue East Town Limit East Side of Penetangore Row Albert Street West Side of Park Street East Side of Queen Street Walsh Street South Side of Durham St. North Side of Russell Street Scott Street South Side of Russell St. East Side of Park Street Hunter Street South Side of Russell St. South Side of Palmateer Drive . BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "0" PART XI - PEDESTRIAN CROSSOVERS HIGHWAY Queen Street Queen Street Durham Street AT Immediately South of Harbour St. Immediately North of Durham St. Immediately East of MacKendrick Drive , , BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "N" PART X - TRAFFIC CONTROL SIGNALS INTERSECTIONS: Queen and Lambton Streets Queen Street and Broadway " , BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "M" PART VIII. - FIRE ROUTES 1. Blocks D and E, Plan M-l. - all internal driveways (Sutton Park Townhouse Condominiums) 2. Municipal Parking Lot East of Queen, North of Durham Market North, West of Princes and South of Lambton. - The north south throughway to the west of the lot. 3. Davidson Centre for Kincardine & District. - area surrounding the building. 4. Sutton Park Mall (to rear of building). 5. Forbes-Lambton throughway From Lambton to Part of Lot 12, Part of Lot 12, Court Apartments 325 Lambton Street. Durham Street. - (north/south) North Side of Lambton Street, Plan 61. South Side of Durham Street, Plan 61. 6. Alleyway behind 777 - 821 Queen Street. Part of Lots I, 2 and 3, East Side of Queen Street. Plan 61. 7. Royal Canadian Legion - 219 Lambton Street. - area surrounding building 8. Alleyway behind 764 Queen to 822 Queen Harbour to Lambton (north/south) 9. Between Harbour and Cottrill's Harbour Terrace Condominiums- six metres throughway south of the landscaped area 10. Trillium Court 550 Philip Place Roadway surrounding building 11. Rear entrances of Kincardine & District Secondary School - Part Lots 21 and 22, North side of Durham St., Plan 61. 12. Ontario Housing Corporation, 915 Huron Terrace, Internal Roadway Adjacent to Building. , BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "L" PART VII. Section 4(b) - PARKING FOR DISABLED PERSONS ON MUNICIPAL OR PRIVATE PROPERTY MUNICIPAL PROPERTY NO. OF SPACES LOCATION Two Municipal Lot East of Queen Two Davidson Centre for Kincardine and District PRIVATE PROPERTY Two 725 King Street Two 711 Philip Place Two 637-679 Philip Place One 624 King Street Two 747 Russell Street One 1004 Queen Street 929 - 947 Queen Street Two Two 911 Queen Street Two 345 Durham Street One 381 Lambton Street One 421 Russell Street Three 219 Lambton Street One 261 Durham Street One 757 Queen Street One 569 Queen Street One 468 Queen Street One 249 Bruce Avenue One 377 - 385 Kincardine Avenue BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "K" PART VII, Section 4(a) - PARKING FOR DISABLED PERSONS ON HIGHWAYS HIGHWAY SIDE(S) METRES DIRECTION OF Lambton St. South 10 West Queen St. Queen St. West 10 North Harbour St. Queen St. East 10 South Harbour St. Durham Market North South I East Queen St. Russell St. North 10 East Princes St. . " BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "J" PART VI - ON STREET PARKING METERS HIGHWAY SIDE(S) FROM TO LIMIT FEE Queen St. Both Durham Broadway 21 hrs. Note 1 Market S. Durham Both Princes St. Queen St. 2 hrs. Note 2 Market N. Harbour St. North Queen St. Huron 2 hrs. Note 2 Terrace Lambton St. Both Princes St. 'Huron 2 hrs. Note 2 Terrace' Durham St. North Princes St.'Huron 2 hrs. Note 2 Terrace' , In areas zoned Commercial or Residential (4) only, but not directly in front of Post Office. Note 1 - 60 Minute Meters 15 minutes for each 5 cent piece to maximum time on dial 30 minutes for each 10 cent piece to maximum time on dial 60 minutes for each 25 cent piece for convenience Note 2 - 120 Minute Meters 15 minutes for each 5 cent piece to maximum time on dial 30 minutes for each 10 cent piece to maximum time on dial 60 minutes for each 25 cent piece to maximum time on dial . ". BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "I" PART V, Section 11 - MUNICIPAL EMPLOYEE PARKING HIGHWAY Durham Market S. SIDE(S) North FROM TO TIMES/DAY Queen St. 105m. East Any time , . '. " HIGHWAY Harbour St. BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "H" PART V, Section 10 - TAXICAB STANDS SIDE(S) FROM TO North 45m. West of Queen St. 15m. West " , . , BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "G" PART V, Section 9 - LOADING ZONES , . , " HIGHWAY BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "F" PART V, Section 8 - NO STANDING FROM TO Huron Terrace Sam. North Broadway Broadway Huron Terrace 20m. East TIMES/DAY Any Time Any Time " ., BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "E" PART V. Section 7 - NO STOPPING HIGHWAY SIDE(S) FROM TO TIMES/DAY Broadway North Huron Terrace 30m. East Any Time f.. '- BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "D" PART V, Section 5 - ANGLE PARKING HIGHWAY SIDE(S) FROM TO Durham Market N. South Queen St. Princes St. Durham Market S . North Queen St. Princes St. Princes St. West Durham Market N. Durham Market S. Harbour St. North 75m. west of Queen St. 75m. West Saugeen St. Both Harbour St. South End of St. " " ,- HIGHWAY BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "C" PART V, Section 4 - LIMITED PARKING SIDE(S) TIMES LENGTH /DAYS OF TIME FROM TO " '- BY-LAW NO. 1990 - 1 TOWN OF KINICARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "B" PART V, Section 3 - NO PARKING HIGHWAY SIDE(S) FROM TO TIMES IDA Y S Broadway Both Queen St. Princes St. Any Time Durham St. South Princes St. Huron Terrace Any Time Harbour St. South Queen St. Saugeen St. Any Time Huron Terrace East Harbour St. Broadway Any Time Lambton St. South Victoria St. Princes St. Any Time Princes St. West Durham Market Broadway Any Time North Princes St. East Durham St. Broadway Monday - Friday Queen St. West Kincardine Bruce Ave. Any Time Avenue Queen St. East Broadway North Town Any Time Limit Queen St. Both Durham Market Broadway Any Time South Queen St. East Kincardine 50m. South Any Time Avenue Russell St. South Victoria St. Park St. Any Time Russell St. South East Town 50m. West Any Time "" '" .r BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "A" PART IV, Section 2(b) - SKATEBOARDS, ETC. PROHIBITED STREET SIDE FROM 1. Queen Street Both Durham Market South TO Broadway I' --r~ . , ~ 1 ~ ~ ,00 : "08 . .. ." 1 <26 . , < 1 , I 2J 24 25 ~ . ., %.) 26 ~ 2 ] 1 ,.., 90 2 01 407 4,13 "'19 -"27 40. SOUTH . '" <02 ., Xl ~t.(f>}~~'W",;t:.l.:";',,~~~~~ L-----L-. r---- BRAOWAY c.n ~ " c.n <'" <62 W t96 2 27 29 JO <t J 2('n- .., , "-' ~ [ (1 18 " ;$ )1. :;~~:i /20 21 19 ZO.I.5" 2(,' iiJ .r ,', ,)! 22 \: ~ t " .., n ~ B B , L-J N N ~ PII'" < < "-' L.J <" ..., < < L-J "-' L.J '--' "-' ) 1,0 I <02 " " W Ee 7 I " " Z " <20 ..," B69 43{) 2 '4-< :5 6' J 14' 1"'''1 C BO I " 4 .......... , [8'9 " 5 1v~ I " 6 SIP [ B" < 7 7 [B<7 I 6< )S " [6.. I '9 0 8.( / 17E ,A1 7.3 7JAttI 1.1/'1. . . OFFICE OF THE REGIONAL SENIOR JUDGE CENTRAL WEST REGION ONTARIO COURT OF JUSTICE PROVINCIAL DIVISION CABINET au JUGE PRINCIPAL REGIONAL ReGION DU CENTRE-OUEST caUR DE JUSTICE DE L.:ONTARIO DIVISION PROV1NCIALE September 27, 1991 201 COUNTY COURT BOULEVARD SUITE 404 BRAMPTON, ONTARIO L6W 4L2 (416) 874-400~~ FAX (416UJ}4~4nol 1 ! ~~ "-';.'-'-"-:",,.-l_-,,,:~.,t',\ '. ..p~_.l"'" \ ~\;." .~() \ ,. , $"" ~cP:\ '" 4", ..., \ J .. -' I ~ u~\ ~ !l {~i S:r " ~. OWli Of y.S~' Corporation of the Town of Kincardine 707 Queen Street Kincardine, Ontario N2Z 1Z9 Attention: Ronald R. Shaw, Clerk-Administrator Dear Mr. Shaw: RE: Set Fines - Provinoial Offenoes Aot - Part II Town of Kinoardine - Bv-Law No. 1990-1 Further to your request, I am now enclosing the following: 1) Copy of the signed Order; 2) Copy of the Schedule of Set Fines for By-law No. 1990-1; The setting of of the short offences. the fines does not constitute my approval form of wording used to describe the I have forwarded the original of the Order and the Schedule of Set Fines to His Honour Judge J. F. Laing of the ontario Court (Provincial Division) in Owen Sound together with a certified copy of the By-law. YOun.tf hD7a<1. Region 1 Senior Judge r-~~""--"",<,~ WDA/mf encls. Fro,:;; , Age"nda-Dir. Req'd Agenda-Not Req'd Agenda-Reports ClerK-Admin Treasurer ~TlON . Date: (j . ? Mayor -- G.B.O. Dir.-Rec. Pub. Wk,. Mgr. Fire Chief Has. Centre Chief of POlioe Fac. Mgr. Engineer i f~,"1 13,/-6.,.- . . ONTARIO COURT OF JUSTICE (PROVINCIAL DIVISION) PROVINCIAL OFFENCES ACT IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court (Provincial Division), that the amount set opposite each of the offences in the attached Schedule of Offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 1990-1 of the Corporation of the Town of Kincardine, attached hereto is the set fines, for those offences to take effect September 27, 1991. DATED at Brampton, Ontario this 27th day of September, 1991. W. D. August, Regional Senior Judge Central West Region Ontario Court (Provincial Division) . . TOWN OF KINCARDINE BY-LAW: 1990-1 TITLE:PARKING AND STOPPING RESTRICTIONS Paqe 1 ITEM COLUMN 1 Description of Offence COLUMN 2 Provision Creating or Defining Offence COLUMN 3 Voluntary Payment Payable Within 7 Days COLUMN 4 Set Fine 1. Parked more than 0.15 metres from curb 2. Section V l(a) Parked facing the wrong direction Section V l(a) 3. Parked facing the wrong direction on a one way street 4. Parked more than 0.15 metres from curb on one way street 5. Section V 1 (b) Section V l(b) Failed to park parallel to curb on Section V one way street l(b) 6. Not park on angle 7. Parked on the abutting roadway 8. Parked not wholly in parking space 9. Parked (on/over) sidewalk 10. Parked on boulevard 11. Parked in intersection Section V 1 (c) Section V l(d) Section V l(e) Section V 2(a) (i) Section V 2(a)(ii) Section V 2(a)(iii) 10.00 10.00 20.00 20.00 10.00 20.00 10.00 20.00 10.00 10.00 20.00 20.00 10.00 20.00 10.00 20.00 10.00 20.00 10.00 20.00 10.00 20.00 NOTE: The penalty provision for the offences indicated above is section XXII of By-Law 1990-1 as amended by By-law certified copy of which has been filed. , a . TOWN OF KINCARDINE BY-LAW: 1990-1 . TITLE:PARKING AND STOPPING RESTRICTIONS Paqe 2 ITEM COLUMN 1 Description of Offence COLUMN 2 Provision Creating or Defining Offence COLUMN 3 Voluntary Payment Payable Within 7 Days Column 4 Set Fine 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Parked within 3 metres of a fire hydrant Section V 2(a) (iv) 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 NOTE: The penalty provision for the offences indicated above is section XXII of By-Law 1990-1 as amended by By-law certified copy of which has been filed. Parked within 9 metres of an intersecting roadway Section V 2(a) (v) Parked within 1.5 metres of a dri veway Section V 2(a) (vi) Parked obstructing driveway Section V 2(a) (vii) Parked obstructing traffic Section V 2(a) (vii) Parked longer than 12 consecutive hours Section V 2(a) (viii) Parked on highway November 1- April 30, between hours of 3:00 a.m. and 6:00 a1.m. Section V 2(a) (ix) Parked for repairing vehicle Section V 2(a) (x) Parked for washing vehicle Section V 2(a) (x) Parked for maintaining vehicle Section V 2(a) (x) Parked for soliciting (goods/ services) Section V . 2 (a) (xi) Parked for buying (goods/ services) Section V 2(a) (xi) 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 , a . . . TOWN OF KINCARDINE BY-LAW: 1990-1 TITLE:PARKING AND STOPPING RESTRICTIONS Paqe 3 ITEM COLUMN 1 Description of Offence COLUl1t'l 2 Provision Creating or Defining Offence COLUMN 3 Voluntary Payment Payable Within 7 Days Column 4 Set Fine 24. Parked for selling (goods/ services) Section V 2(a) (xi) 10.00 20.00 25. Parked within 15 metres of designated bus stop Section V 2(a) (xii) 10.00 20.00 26. Parked on (sports/playing) field 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Section V 2(a) (xiii) 10.00 20.00 Parked on highway within 72 hours of sprayed undercoating Section V 2(a) (xiv) 10.00 20.00 20.00 Parked on (bus/truck) route Section V 2(d) 10.00 Parked in prohibited area Section V 3 10.00 20.00 Parked over time limit Section V 4 10.00 20.00 Stopped in school bus loading zone Section V 6 (a)(i) 10.00 20.00 Stopped on median Section V 6(a)(ii) 20.00 10.00 Stopped adjacent to median Section V 6(a)(H) 20.00 10.00 Stopped at end of median Section V 6(a)(ii) 20.00 10.00 Stopped within 30 metres of bridge Stopped within 30 metres of tunnel Section V 6(a) (iii) 10.00 20.00 Section V 6(a) (iii) 10.00 20.00 NOTE: The penalty provision for the offences indicated above is section XXII of By-Law 1990-1 as amended by By-law certified copy of which has been filed. , a . . . , TOWN OF KINCARDINE BY-LAW: 1990-1 TITLE:PARKING AND STOPPING RESTRICTIONS Paqe 4 ITEM COLUMN 1 Description of Offence COLUMN 2 Provision Creating or Defining Offence COLUMN 3 Voluntary Payment Payable Within 7 Days Column 4 Set Fine 37. Stopped within 30 metres of Section V elevated structure 6 (a) (iii) 10.00 20.00 38. Stopped within 30 metres of Section V underpass 6(a)(iii) 10.00 20.00 39. Stopped in no stopping zone S~ction V 7 10.00 20.00 40. Standing in no standing zone Section V 8 10.00 20.00 41. Stopped in loading zone Section V 9(a) 10.00 20.00 42. Stopped in taxicab stand Section V 10 10.00 20.00 43. Parked at expired metre Section VI 4 5.00 15.00 44. Parked in other than parking Section VI space 6 10.00 20.00 45. Parked taxicab in a metered space Section VI 7(c) 10.00 20.00 46. Parked in designated handicapped Section VIII space 8 50.00 75.00 47. Parked on fire route Section VIII 6 25.00 50.00 48. Parked on private property Section VIII 1 15.00 30.00 49. Parked on municipal property Section VIII 1 15.00 30.00 NOTE: The penalty provision for the offences indicated above is section XXII of By-Law 1990-1 as amended by By-law , a certified copy of which has been filed. . ' . MUNICIPAL PARKING PROGRAMS FOR DISABLED PERSONS Model Parking Bylaw and Technical Guidelines ( ~) Government of Ontario 1990 '. . . . Model parking Bylaw And Technical Guidelines Index I Introduction II Model Parking Bylaw III Technical Guidelines A. potential Exemptions to Traffic Control and other Zoning Bylaws B. Physical Characteristics and Location/Allocation of Parking Spaces C. Signing Appendix Members of Bylaw Working Group and Sub-Committees ~ . . I. INTRODUCTIO~ An extensive consultative process was undertaken by the Ministry of Transportation of Ontario (MTO) when developing the Disabled Persons Parking Permit Progcam. Municipalities, professional and consumer groups and associations were asked for advice and direction in the changeover from the disabled symbol plates to the portable permits. The intent of the new program is to provide disabled persons with a more functional device that rectifies a number of problems associated with the plates. These include security, identification, abuse, and lack of reciprocity between municipalities. To facilitate the implementation of the portable permit program and to promote consistent bylaws throughout the province, while providing technical advice and assistance to municipalities, a Model Bylaw Working Group was established (Working Group and Sub-committee Members are noted in the Appendix) with membership from interested ministries, municipalities, professional and consumer groups and associations. . - 2 - . Parkinq remains a municipal responsibility. However, the Model Bylaw Working Group develope~ a model bylaw for municipalities to consider when developing new or revising existing bylaws that deal with parking for disabled persons. The model bylaw encompasses both on and off-street parking and the regulation of both classes of parking is encouraged. Municipalities may wish to modify it to meet their specific requirements. Additionally, the Committee developed a series of technical guidelines that include possible exemptions to existing parking bylaws, physical characteristics and location/allocation of parking spaces. The official sign to designate disabled parking spaces is included in the regulations. Municipalities who currently have bylaws in place pursuant to Section 210(119)(150) of the Municipal Act for "on and off street parking for disabled persons" should review and update them to ensure compliance with the new provisions of the Hiahwav Traffic and Municipal Acts. The most significant change is that municipal governments will no longer be involved in the issuing of disabled persons parking permits, as MTO has assumed this task. . . - 3 - Municipalities, in collaboration with the provincial government, will have to play an important role in informing and educating the public during the transition period. It is hoped that there will be minimal disruption for persons who are changing over to the new program. Enquiries from the public concerning eligibility for the permit should be directed to their local Ministry of Transportation Licensing Office. The numbers for these offices can be found in the blue pages of the telephone directory. Information can also be obtained by phoning toll free to any of the following numbers: MTO TORONTO OFFICE (416) 235-2999 MTO KINGSTON OFFICE 1-800-267-0295 MTO LONDON OFFICE 1-800-265-6073 MTO NORTH BAY OFFICE 1-800-461-9548 MTO THUNDER BAY OFFICE 1-800-465-5035 . - 4 - . Individuals seeking information on specific municipal bylaws governing disabled symbol parkjng and the designation of spaces for disabled persons, should contact the clerk's office of the local government(s). A well informed public will make the program more successful. Police and enforcement personnel in ontario are supportive of the new program. The adoption of bylaws, based on the model and technical guidelines, should improve consistency in parking programs across the province. The enforcement role for the police should also be simplified because there will be only one official Ontario device. . . - 5 - II . MODEl BYLAW Made in pursuance of paragraphs 119 and 150 of section 210 of the Municipal Act and Part II-A of the Hiqhwav Traffic Act and the regulations made thereunder. BYLAW NO. .......... ON AND OFF-STREET PARKING FOR DISABLED PERSONS Being a bylaw to: (1) authorize the creation and designation of parking spaces on highways and/or on municipal or private property for the exclusive use of vehicles which are displaying a permit in accordance with the requirements of the Hiohwav Traffic Act and the regulations made thereunder and this bylaw; and/or (2) create special parking exemptions for the drivers and the operators of vehicles which are displaying a permit in accordance with the requirements of the Hiqhwav Traffic Act and the regulations made thereunder and this bylaw; and to provide for the enforcement necessary to prevent the unauthorized use of such permits, designated parking spaces and exemptions. . - 6 - . NOW THLREFORE the Council of the City of ............... . enacts as follows: 1. In this bylaw: (1) "designated parking space" means a parking space designated under this bylaw for the exclusive use of a vehicle displaying a permit in accordance with the requirements of the Hiqhwav Traffic Act and the regulations made thereunder and this bylaw; (2) "municipal or private property" means any open area or portion of a structure, other than a street or highway, intended for the temporary parking of vehicles and on which there are designated parking spaces, whether their use involves the payment of a fee or otherwise; (3) "permit" means a disabled person parking permit issued under the Hiqhwav Traffic Act or a permit, number plate or other marker or device issued by another jurisdiction and recognized under that Act. . . - 7 - 2. (1) A designated parking space shall be distinctly indicated in accordance with ,the requirements of the Hiqhwav Traffic Act and the regulations made thereunder. (2) A designated parking space on municipal or private property shall have a width of not less than 4.4 metres. (3) Designated parking spaces, (a) on streets and highways are described in Schedule I, and (b) on municipal or private property are described in Schedule II. NOTE: Individual locations need not be described. General references should suffice, e.g. hospitals, shopping malls, etc. could be required to reserve a certain number or percentage of parking spaces for the disabled. 3. 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 designated parking spaces in accordance with Schedule II. . - 8 - . 4. No person or organization shall, (1) park a vehicle in a designated parking sp~ce, or (2) be entitled to the benefit of an exemption under this bylaw, unless a currently valid permit has been issued to that person, organization or to a passenger being picked-up or transported in the vehicle and such permit is displayed on or in the vehicle in accordance with the requirements of the Hiqhwav Traffic Act, the regulations made thereunder and this bylaw. 5. Despite any other provisions of the Corporation of the City of......... (Parking or Traffic) Bylaw No. ............, any vehicle on which or in which a permit is displayed in accordance with the !equirernents of the Hiqhwav Traffic Act. the regulations made thereunder and this bylaw is exempt from: NOTE: Various exemptions from other traffic control bylaws may be described here. See Technical Guidelines, Section IlIA. . . - 9 - 6. Despite any other provisions in this bylaw, no person shall park a vehicle on a street or highway in such a manner as to interfere with the clearing of snow from the street or highway. NOTE: Items other than clearing of snow may be included here. 7. The driver or operator of a vehicle which displays a permit in accordance with the requirements of the Hiqhwav Traffic Act and the regulations made thereunder and this bylaw 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. e. (1) Any person who contravenes any provision of this bylaw is guilty of an offence and shall be liable on conviction therefore to a fine of not less than $50.00 (or at least the equivalent to the local fine for parking in a No Stopping Zone) and not more than $2,000.00 exclusive of costs. . - 10 - . (2) The owner of a vehicle may be charged with and convicted of an offence under this by~aw for which the driver of the vehicle is subject to be charged unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner's consent and on conviction the owner is liable to the penalty prescribed or provided for the offence. (3) A police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of the Hiqhwav Traffic Act, upon discovery of any vehicle parked or left in contravention of this bylaw, may cause it to be moved or taken to and placed 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 the manner provided by Part III of the Reoair and storaqe Liens Act. 1989. . . - 11 - 9. This bylaw shall corne into force on the date that it is approved by the Council of the City of ENACTED AND PASSED THIS .... DAY OF , 19 Signed by: Mayor City Clerk . - 12 - . III. TECHijJCAL GUIDELL~ A. POTENTIAL EXEMPTIONS TO TRAFFIC CONT~~ AND OTHER ZONING BYLAWS TRAFFIC CONTROL BYLAWS EXEMPTION COMMENTS 1. Exenption from compliance with signed or unsigned time limited parking in permitted zones for up to a maximum of 24 hours. Recommended 2. Exemption from payment of fees associated with metered p3rking for up to a maximum of 24 hours. Recommended Many disabled persons will be unable to manipulate coins to use parking meters in snow conditions. In designated spaces municipality may choose to remove the meter. 3. Exemption from compliance with signed or unsigned no parking zones. Recommended Municipality may choose to review effect on local traffic control or safety. . . - 13 - 4. Exemption from compliance with fire and other emergency routes and snow routes. Not recommended Potentially serious traffic control and general safety concerns. Local implementation should be reviewed carefully. In some municipalities exemption from compliance with fire and other emergency routes and snow routes is permitted in off- street locations where there is sufficient space for fire and other equipment to safely pass. 5. Exemption from compliance with No standing restrictions. See #4 6. Exemption from compliance with No Stopping restrictions. See #4 7. Exemption from compliance with signed or unsigned no parking associated with construction sites and places of assembly (e.g. theatres, churches, schools, etc. ) Not recommended These spaces are required for general public safety and crowd assembly and dispersement. A No standing-Drop Off/Pick Up Zone for disabled persons may be permitted and signed at areas of assembly. OTHER ZONING BYLAWS 1. Exemption from payment of fees associated with off-street controlled parking. Not recommended In general, disabled persons do not seek special exemptions. . . - 14 - B. PHYSIC~L CH~RACTERISTICS AND LOC~TION/ALLOCATION OF P~RKING SP~CES (1) General A parking space reserved for the sole use of a vehicle operated by or carrying a physically disabled person should be: i) hard surfaced; ii) level (avoid slopes) ; iii) of a minimum width 4.4 metres (14.6'). For on-street purposes, where conditions permit, a minimum 3.7 metres (12') wide space is desirable for designated parking spaces. This space is required for the safe deployment of lifts and ramps of vehicles which have been modified for disabled persons. iv) of a minimum length 5.79 metres (19'); v) have a minimum vertical clearance of 2.75 metres (9'). Vertical clearance in underground garages is also a significant problem. The Standing Committee on Barrier Free Design (part 3.7 O.B.C., 1986) has this particular problem under consideration. vi) placed so sidewalks, paths, etc., will be accessible to physically disabled persons whether via ramps, depressed curbs, or other appropriat1 means; . . - 15 - vii) placed with sufficient clearance around the vehicle, in terms of other vehicles, 0* obstacles such as light standard~, waste receptacles, etc.; viii) identified by the official sign. The official sign should be upright on a post. Painting the universal symbol of access on the pavement does not constitute appropriate signage. (Technical Guidelines, Part C) 2) On-street Parkinq Designated on-street parking spaces should be located to minimize the distance to building entrances and exits, preferably within 30 metres (100') and should allow immediate access to sidewalks. The following items should be carefully considered when determining the number and location of such parking spaces: type of facilities within a city block _ co~~ercial, medical, government; length of city block; total number of parking spaces within city block. The decision to designate (sign) on-street parking is a local responsibility. This decision will depend upon a variety of factors including, the size of municipality, local traffic congestion, availability of on-street parking in general, and so on. . - 16 - . w~ere on-street parking is at a premium, designating spaces rather than providing exemption from other traffic control bylaws may, in fact, reduce parking opportunities for disabled drivers. In other circumstances, however, designated spaces may be an effective solution. 3) Off-Street Parkinq A designated off-street parking space should allow i~ediate access to a walkway without requiring a person to pass behind parked cars or across traffic. preferably, the designated space(s) should be located at the "open end" of a row of spaces in order to provide the necessary clearance. In this case, Parking space of normal width may be sufficient, particularly if the adjacent space is protected from infringement. An upright post with the official sign on it should be used for this purpose. Considering that many physically disabled persons drive their own vans, operators of public parking facilities should be discouraged from placing crossbars at entrance(s) to prohibit such vehicles (particularly those with a raised roof) from using the facility. . . - 17 - As outlined in the previous paragraph, several factors should be considered when determining the number of spaces to reserve for physically disabled persons in off-street parking facilities: total number of spaces, facilities in proximity to the parking lot or structure Generally speaking, it has been suggested that at least one per cent of the total-parking spaces be reserved for disabled persons. The practicality of applying this guideline in terms of public parking facilities with a limited number of spaces, i.e. the neighbourhood convenience store, etc. is questionable. 4) SuaGested ParkinG Requirements to Serve Disabled Persons NO. OF AUTOMOBILE PARKING SPACES NO. OF DESIGNATED PARKING SPACES 1- 19 20-200 200-400 nil 1 minimum 2 minimum . for each additional 400 or part thereof 5) SUGGested Parkinq Requirements to Serve Disabled Persons at Hospitals. Medical Centres or Clinics 1 minimum to a maximum of 20 NO. OF AUTOMOBILE PARKING SPACES NO. OF DESIGNATED PARKING SPACES 1-30 31-60 61-100 1 minimum 2 minimum 3 minimum for each additional 30 or part thereof 1 minimum to a maximum of 12 . - 18 - . 6) Guideline Material A variety of guideline material is available ap follows: pocument Ava! lab! l! tv MGS Barrier Free Design standard Ministry of Government services, Office of Barrier Free Design lOth Floor, Ferguson Block 77 Wellesley Street West Toronto, ontario M7A 2T3 Tel: (416) 965-2806 Guide and Illustrations for section 3.7 of the ontario Building Code Ministry of Housing ontario Building Br. 2nd Floor 777 Bay street Toronto, ontario M5G 2E5 Tel: (416) 585-6651 Designing for the physically Disabled Ministry of Education School Capital Program Section 21st Floor, Mowat Block 900 Bay Street Toronto, Ontario Tel: (416) 965-9676 National Building Code Publications section National Research Council Building H 19 ottawa, ontario KIA OR6 Tel: (613) 993-2054 Barrier Free Design: Access To and Use of Buildings by Physically Disabled People, 1985 Documentation Centre Design and Construction Technology Public Works Canada Sir Charles Tupper Bldg. Riverside Drive ottawa, ontario KIA OM2 Tel: (613) 736-2146 Draft CSA Standard B651 - Barrier Free Design, Public Safety Canadian Standards Assoc. 178 Rexdale Blvd. Rexdale, ontario M9W 1RJ Tel: (416) 747-4044 . . - 19 - 7) Expert Advice A variety of sources of expert advice and . assistance are available in various communities across the province. The following are three sources of governmental advice. Ministry of Government Services Office of Barrier Free Design Ferguson Block, lOth Floor 77 Wellesley Street West Toronto, Ontario M7A 2T3 Tel: (416) 965-1806 Ministry of Housing Ontario Building Branch 777 Bay Street, 2nd Floor Toronto, Ontario M5G 2E5 Tel: (416) 585-6651 Associate Committee to the National Building Code National Research Council of Canada Montreal Road, Building M-24 Ottawa, Ontario KIA OR6 Tel: (416) 993-9960 8) Consumer Advice It is recommended that municipalities consult with consumers at the local level to address issues regarding the number and location of designated parking spaces and/or the need for exemptions from other traffic control bylaws. . . - 20 - C) SIGNING The sign (Figure 1) to identify a parking space. designated for disabled persons was developed after consultation with organizations re?resenting disabled persons, the Association of Municipalities of Ontario, the ontario Good Roads Association, the ontario Traffic Conference, and the Ministries of Transportation, Municipal Affairs, the Solicitor General and Offices of Disabled Persons and Senior citizens' Affairs. The official sign is included in the regulations associated with the amendments to the Hiqhwav Traffic Act regarding the portable parking permit and will be recognized as the appropriate signage for spaces to be used exclusively by permit holders. The new sign will also be included in the Manual of Traffic Control Devices and, can also be used to designate on-street spaces, at the discretion of the municipality. . . - 21 - Where it is a municipality's desire to provide exclusive privileges to permit holders, thi~ can be achieved by designating the spaces(s) with the official sign. Some municipalities may choose to designate on-street spaces, as well as off-street spaces, if suitable conditions exist. Municipalities who presently have municipal bylaws in place will have to amend them to include the official sign as the recognized signage of a designated disabled parking space in their jurisdiction. The sign will have to be placed upright on a post so as to be clearly visible to the motoring public. The Ministry of Transportation has developed a standard for the sign which is available free of charge to municipalities/sign shops across the province. For further information please contact: Traffic Signing Section Traffic Management and Engineering Office Room 238, Central Building Ministry of Transportation 1201 Wilson Avenue Downsview, ontario M3M 1J'8 Tel: (416) 235-3784 . . BLACK LETTER .p", LEGEND, AND BORDER 2 an RED REFL ANNULAR BAND 1.5 an REO REFL INTERDICTORY STROKE WHITE REFL BACKGROUND --}3 }" 1.5 12.5 2.5 3 1 3 3.5 (30.45) em BLUE REFL BACKGROUND AND OUTUNE WHITE REFL SYMBOL AND BORDER , . . . . BLACK LITTER "P", LEGEND, BORDER AND ~TRIPE 2 em REO REFL ANNULAR BAND \ \ '. ' ~ 1.S em REO REeL INTERDICTORY STROKE \ ' \ \ \ " ;- WHITE REFL BACKGROUND \ \ \\ \ \ \ \ \\\ i . , ~\ 4.7 I --r j 7.5 15 -.l -+3 -t I ; ! ; 12.5 i \~~ ~ B~~ER -r \ONLY ; ==t: - i 42.5 AVEO PER IS ' =13 l~ SEU_~EM~NT\ ~~:, BLUE REFL BACKGROUND ~~:x::~: U WHITE REFL "YMBOL AND BORDER . APPENDIX . MEMBERS OF THE MODEL PARKING BYLAW WORKING GROUP REPRESENTED THE FOLLOWING: Association of Municipalities of Ontario City of Oshawa Metropolitan Toronto Police ivletropolitan Toronto Roads and Traffic ivlinistI)' of ivlunicipal Affairs :.linistn' of the Solicitor General :.linistr}" of Transportation Ollice for Disability Issues Office for Senior Citizens' Affairs Ontario Ad\isory Council on Disability Issues Ontario Good Roads Association Ontario Traffic Conference !'.'OTE: This page is intended to replace the last three pages of the :.lodel Parking Bylaw, - L IJI \ ~. 'I...." Ontario Ministry of the Attorney General Ministere du Procureur general Criminal Law Policy Politique en matiere crimineil \~~, ~ ' - _'i -'-'. .~ . , ~,.", ",C'j.:,.fiO\NE \<,.\N " E fOf\C6 POUC _._...".. .--c"." 720 Bay Street Toronto, Ontario M5G 2K' ---.- 720, rue Bay Toronto (Ontario) M5G 2K' January 15, 1991 Ronald R. Shaw Clerk-Administrator Office of the Clerk and Treasurer Town of Kincardine 707 Queen Street Kincardine, ontario N2Z 1Z9 Dear Mr. Shaw: RE: Provincial Offences Act Parts I & II Further to your letter of October 12th, I am returning the materials to you at this time due to a number of difficulties. Firstly, Orders under Part I (non-parking) are in the 3-column format and under Part II (parking) the 4- column format. Costs of $3.75 are to be included under Part I, but not Part II. The penalty note must refer to the penalty provision of the by-law, not the offence creating section, and must be on each page. It is also necessary to submit separate materials for Part I and Part II and a dupli~ate copy with the Set Fine Column blank must be included. As well, the Orders cannot be divided into parts and the items must be consecutive. To assist you, I am penned some changes on the draft submission. ";r~"":i:iLnot an.9J~f!il.be.., in the opinion of this office, pursuant to the enclosed decision of the ontario Court of Appeal as there is no obligation imposed upon anyone to do anything. fIe, >-J ~ ~ ~J.b-'1 ~~ !~~~ q..,-.t" I . . . . ~ . . - 2 - Under Part I, you will note that I have identified Items 9, 10, 39 and I as being, in the opinion of this office, offences under the Hiahwav Traffic Act for which the municipality cannot obtain set fines. '~l.;x... I ~~~!.dda~1\: .:t:h?,t ..you note that sec~i.C;>,!1__l;lJ.. of the~~c~~ct was recently amended by str~k~ng out the words pertaining to the imposition of fines. section 321, as amended, would appear to only give municipalities the authority to enact offence creating by-laws, with no authority to address fines or penalties in a by-law. This raises the question of the authority of a municipality to enact a minimum or maximum penalty different frQmthat contained in the POA unless that penalty ~~. specifically authorized in another statute. ~~!~.r r~turning the sUbmission, you ShOUld. consider ~..ame~o the by-law(s) is necessa~y. . If you have any questions or concerns please contact me directly at (416) 326-4660. Yours very truly, _/~~~-c~ sheilagh Stewart Crown Counsel Encl. SSjrn &rv: cfi ~ ~ dv dA~~L ~, 4-- ~/~' ;/~~(/~~ ~I JICYJ 1v ~ ~~~ CLq ~ ~ h- ~ f~ ~ (k;t- , 'I ~.- /I - , . /' . . . IIHitL_QE~_LI.l'~~6E[2E~f f~~(-::~L.6.~"~ ..__.;~.~?~ig=_1_1:~JJ1-E.L_;?rHQQ!- FDJS U1ADJNCi -Zl!.tlE E'i~[~--1 --------_._------..~----_.__.._--._._---------"-------------------.-----------------.-.--.---------- T-rr-...... LiCn GSJt!dt.1tL.J. LQL1IlJti3. :=:;:'~t~.U71n ___1. DE"::C.'" .; ,-,r! .,-----..--..-. .'.'. ','I! \-c\' Y '1'-.., _n._ "i'.:; PayahlE:' (,.ji thi,f! ot "". ~ -- -- U! 1 t.-:l!'_':7' -----------------'_._._.._.._-~---------_._-_.~--_._-_.-.-- ~~" :l.~;. 00 ;30.00 \ ,I ~v ,,",~l / 'G~\ . ~,XJ \0~ \;z)L'V\ \ \j ~ n c'f) (\ ,j' , ..:~ ~y[:ij \yV \ Ie: , r;-0 ~II~'" J _. \j" '. C ,I----. .\'---' o ~i~7 I \.....! \Y '~'\J " ,~.~ ,j \ ;~\ \ ,;=t ~(\ . ~', \ / '-' \', ,/ \ / , ~~\ , ~ ". ,ii' ~)/ /./ ,'-/ ~/ "~I ; \> ..... \" \\....., ',." , j f/JJ;~ l ,. R{Jy-- '\ ~.~ f~I \ \ ~\ i'-'v\/, ~--./ I' .~..' i i'j j ill \i' i:.<--' t ;",~ l..! i L. ~ XXI ~ C;::",--,- f:'.PCi !-'_,!.i\;" :_,Jr.' ~! ~".. ............ 'XXxxXX ~, "1-.'-,' !",,;".i-'"- It.,;'" . . .~ TO: Kincardine Town Council From: Reinhard Trautmann Mng. Public Works Re: fifo.v .~. , I received a call from Marlene Reid expressing her views on the Kincardine Ave.! Queen ST. intersection. Her child was in a near mishap due to the confusion of the intersection, and she would like to see a crossing guard, X-walk, or that the intersection is reconstructed. She feels this is a most dangerous situation and would like action taken to rectify the problem. I agree with Mrs. Reid's views, but my thought would be to spend the money on realigning the intersection and solving other sattey problems at this intersection. :'ii.'f> l ""'... ~ , READ AT COUNCIL '021 A"/ j "..~'- / AL ".;. Jc .. . ~ ,~ - 5~9-- ML"'L>J..~'-- S--tJ~;to~ ~ ~ F /)ULUJ. .AAV . . . . . ! ! W. E. THOMPSON PUBLIC SCHOOL MRS. C. IRVING, B.A., M.Ed. Principal 705 PRINCES STREET BOX 190 KINCARDINE. ONTARIO N2Z 2Y7 PHONE (519) 396.3393 MR. T. BURKETT, B.A., M.Ed. Vice-Principal October 9, 199. 0... .~. \~'t lrj l-- .. '~~t.tIVt/)'.~~\ ~,. .., " ,,9 ::s ,ce ~ - <:J \1' ..... (''', \ ~ '0-' . fJ IJ rJi' OWIi Of ...~ <9. Mr. Ron Shaw, Clerk Town of Kincardine 707 Queen Street Kincardine, Ontario N22 129 Dear Mr. Shaw: This is a request to the Town of Kincardine to pass a bylaw that would allow installation of "No Stopping" signs on the north side of Russell Street from the corner of Victoria Street to Princes Street. Currently school buses drop the children off at school between 8:30 a.m. and 9:00 a.m. Cars are often either parked or stopped on the north side of Russell to the corner of Victoria Street. This tends to create a bottle neck that poses a safety problem to the children of W. E. Thompson Public School as traffic is still moving in a two way direction. This is also a significant safety issue at 3:30 p.m. to 4:00 p.m. Parents have been cautioned about this safety problem and have been encouraged to park on Victoria Street while they wait for their children. As we have no way of informing the general public of this safety issue we ask that signs be posted that would say "No Stopping 8:30 a.m. - 9:00 a.m. and 3:30 p.m. _ 4:00 p.m. Monday to Friday." Thank you very rm.lCh for your attention to this matter. The children of W. E. Thompson Public School will enjoy greater safety when this action is taken. '- CI/sf C. Irving Principal cc to - Chief of Police, Gerald C. Mann, Kincardine - Mr. B. E. Giles, Superintendent of Schools, The Bruce County Board of Education - Mr. C. Otto, Trustee, The Bruce County Board of Education . . :/ '.2 October 9, 1990 Mr. Ron Shaw, Clerk Town of Kincardine 707 Queen Street Kincardine, Ontario N22 129 Dear Mr. Shaw; This is a request to the Town of Kincardine to pass a bylaw that would allow installation of "No Stopping" signs on the north side of Russell Street from the corner of Victoria Street to Princes Street. Currently school buses drop the children off at school between 8;30 a.m. and 9;00 a.m. Cars are often either parked or stopped on the north side of Russell to the comer of Victoria Street. This tends to create a bottle neck that poses a safety problem to the children of W. E. Thompson Public School as traffic is still moving in a two way di rection. This is also a significant safety issue at 3;30 p.m. to 4;00 p.m. Parents have been cautioned about thi s safety problem and have been encouraged to park on Victoria Street while they wait for their children. As we have no way of informing the general public of this safety issue we ask that signs be posted that would say "No Stopping 8;30 a.m. - 9;00 a.m. and 3;30 p.m. _ 4;00 p.m. Monday to Friday." 'Thank you very much for your attention to thi smatter. The children of W. E. 'fhompson Public School will enjoy greater safety when this action is taken. crlsf /f ",R:;. __ ~=' - Chi ef of Police ,~!it1 t Mam1, Ki ncardine - Mr. B. E. Giles, Superintendent of Schools, The Bruce County - Mr. C. Otto, Trustee, The Bruce County Board of Education . C. Irving Principal ---:?> cc to Board of Education .... 0 . ~'<f-~'~~~ .; ~'<JEfJ ~.:1 (,.~ ,J 17;). ~ 3:t J:~ ..1,/1 ,~~ ~/ /. ~. t-. -~) Q ~ J. /.... -Q:: \. (t! '~': ~ kf-. IS: 1'1 <fo. ':>"'~ \9. ~~~~.~.. ~ ~ -trN ~vvJ of ~ ~ ~ ~ ~~I ~.. ~/;tk~ ~d~--r+a~~' ~~dU~ ,.. . .' ~1- ~~v"~J~...~~n ~~~~~, " _~~/L-.-uj~~ ~~~~I tV.-u~ . ~. ~~~~- . r<2;f-~ .d~ ~ ~ ~ '1-t.o ~ tA.J ~.~. Jhv~;;t.4 ~~~~~e.w. ~~~~~~..(/ , ~ ~.... ~f&-w. {~4 ..Jii~.~::L~~~p .~.~~~~/. a.;:,,-~~k~7k~ ~ ~:,t::t;:Z}t4 ~_;tk ~~. . 'd. ~ 9- {1~~) - . ,.,<'<-";;:.~;,,,,.. :/ ~U.' " . ~,.~.'..... ~ ~ ~. tit k-zi ~: .if?~.~.~~. ~I Yl0-, 9< ~. jJ)~~74 . . ~. 'L CRAIG EGGLESTON 185 QUEEN ST KINCARDINE N2Z2S9 396-3554 (hDme) 368-7031 ext4820 (wDr-k) 11 OCT 90 RON SHAW TOWN OF KINCARDINE, The r-ecent change Df StDP signs at the inter-sectiDn Df Queen St and Br-uce Ave has cr-eated a ser-iDus hazar-d getting DUt Df DUr- laneway. Our hDuse is at the CDr-ner- Df Queen St and Br-uce Ave and DUr- laneway is Dn Br-uce Ave clDse tD the intersectiDn. As we back DUt Df DUr- laneway DntD Br-uce Ave we can't see beYDnd the cr-est Df the hill east Df us Dn Br-uce Ave. When we have backed DntD Bruce Ave tD tr-avel west, it is Dnly abDut 160 ft fr-Dm DUr- vehicle tD the cr-est Df the hill. With the r-ecent StDP sign changes, vehicles nDW tr-avelling west Dn Br-uce Ave apprDaching Queen St CDme Dver- the hill at 50 kph Dr- mDr-e with the right Df way tD cDntinue thr-Dugh the inter-sectiDn. If we have just backed DUt DntD Br-uce Ave tD gD west, these vehicles have Dnly a cDuple Df secDnds tD r-ealize that they ar-e gDing tD have tD StDP fDr- us, react, and then CDme tD a StDp. This is dDwnhil1 alsD which r-educes the stDpping ability. Slipper-y winter cDnditiDns will cDmpDund the pr-Dblem. Vester-day mDr-ning it was r-aining and ther-e was an accident at the inter-sectiDn. A vehicle gDing west Dn Br-uce Ave cDuldn't StDP quick enDugh and clipped a vehicle tur-ning fr-Dm Queen St east DntD Bruce Ave. I don't believe it was r-epor-ted to the police. I have talked with Sgt. Quinn and he fully agr-ees that the stDP sign changes have made it very hazar-dous fDr- us getting out of DUr- laneway. Please expedite getting the StDP sign Dn Br-uce Ave at Queen St (east side) r-einstalled immediately befDr-e someDne gets hur-t her-e. I am available at any time to discuss this fur-ther- with anyone. Fr6~;~~'BUTION _ """ Date: da.Dir. Aeq'd May<< oq'd C.B.O. Dir..~. Fat. Mgr, cer-ely, -&; /;r~ Cr-aig EgglestDn ~'w . . WHITE, JENKINS, DUNCAN & OSTNER Barristers and Solicitors WILLIAM H. WHITE. O.C ALBERT L OSTNER DARRELL N. HAWRELiAK RICHARD V. MARCHAK STEPHEN A. CHEESEMAN WILFRED D. JENKINS. OC HILDE M. ENGLISH JOACHIM D. MATTES KEITH C. MASTERMAN IRWIN A DU:-.JCi\N J. DAVID LINTON KIMBERLY L EVANS TRACY L'v1ILLER WILLIAM J POULOS P.D BOX 457 45 E:RB STREET F.^Sl WATERLOO,ONTNiIO N?J 485 T[LCPHONE(519)886~3340 FAX (519) 886~8651 September 26, 1990 The Corporation of the Town of Kincardine 707 Queen Street Kincardine, Ontario N2Z 1Z9 f / .--, , / ,':i\ i 1"1", / i,\.~;:',,;~;;::~lh,. l.j ~). ..,.... , , ii.'" . I\~~ ocr 1 . 1990 ... r ~\ .,\ ,,~~I f' ."" f.?.... ....~i::: r.o /' -411.. ~....)- <- ~~(jl: ','o~f;,~,,< '." ~ ~ . ill'.< \:;~ . . \-:\\~ I IS) / Attention: Mr. Ron Shaw Dear Sirs: Re: Township of Huron - Traffic and Parking Thank you for your correspondence dated September 24, 1990 enclosing correspondence you received from Mr. Mahood, I think, in reading Mr. Mahood's correspondence, that he is misinterpreting the intent of the By-law, It seems to me that the By-law is simply recognizing that where the road is a private roadway, its maintenance has always been the responsibility of its owner. Accordingly, all the By- law does is pursuant to Section 210(45) of the Municipal Act, designate the roadway as a fire route. In my opinion, the By-law to the extent that it states that the owner is responsible for the maintenance of the private roadway, does nothing other than recognize the existing state of the common law. Should you have any further questions, do not hesitate to contact the writer, Yours very truly, ;1 . 1 ',- !'-""i. Kim erly L. Evans KLE:ls . . Office of the Clerk and Treasurer RONALD R. SHAW, B.A., A.M.C.T. CLERK ADMINISTRATOR MAUREEN A. COUTURE, A.M.C. T. TREASURER & DEPUTY CLERK 707 QUEEN STREET KINCARDINE, ONTARIO N2Z 1Z9 Tel: (519) 396-3468 Fax: (519) 396-8288 File:!lIP:'fr":''I'rafflc & ParkinlJ" 24th October, 1990 Graham E. Mahood, Barrister & Solicitor F.O. Box 388, KINCARDINE, Ontario N2Z 2Y8 Dear Graham: Re: Traffic & Parkinq Bv-Iaw - Fire-Routes Further to your letter concerning the Municipality's authority to require individuals to erect signs on the fire routes established in the Town's traffic and parking by-law, I enclose a copy of a letter from our municipal solicitors indicating their opinion and confirming that the Town does have this authority. Furthermore, please keep in mind that it is only logical that these signs should be erected at the expense of the individual property owner as, quite simply, it is precisely their property these signs are designed to protect. In my opinion it is not an argument that the signs are there to allow easy access for the fire trucks and therefore for public purposes; rather, it is to allow easy access for the fire trucks in order to protect the individual's private property. I trust this will address your concerns and the concerns of your client. / C.C. J. Wall, Fire Chief RRS/rmg "Where you're a stranger only once" . . . . WHITE. JENKINS. DUNCAN & OSTNER Barristers and Solicitors WilLIAM H. WHITE, Q.C. ALBERT L OSTN ER DARRELL N. HAWRELlAK RICHARD V, MARCHAK STEPHEN A. CHEESEMAN WILFRED O. JENKINS, D.C. HILDE M. ENGLISH JOACHIM D_ MATTES KEITH C- MASTERMAN IRWIN A. DUNCAN J. DAVID LINTON KIMBERLY L. EVANS TRACY L. MILLER WilLIAM J. POULOS p.o. BOX 457 45 ERB STREET EAST WATERLOO, ONTARIO N2J 485 TELEPHONE (519) 886-3340 FAX (519) 886-8651 September 26, 1990 The Corporation of the Town of Kincardine 707 Queen Street Kincardine, Ontario N2Z 1Z9 Attention: Mr. Ron Shaw Dear Sirs: Re: Township of Huron - Traffic and Parking Thank you for your correspondence dated September 24, 1990 enclosing correspondence you received from Mr. Mahood. I think, in reading Mr. Mahood's correspondence, that he is misinterpreting the intent of the By-law. It seems to me that the By-law is simply recognizing that where the road is a private roadway, its maintenance has always been the responsibility of its owner. Accordingly, all the By- law does is pursuant to Section 210(45) of the Municipal Act, designate the roadway as a fire route. In my opinion, the By-law to the extent that it states that the owner is responsible for the maintenance of the private roadway, does nothing other than recognize the existing state of the common law. Should you have any further questions, do not hesitate to contact the writer. Yours very truly, Ii 111,0--/ IliVVl/ V Kimberly L. Evans KLE:ls OCf;OClP'( -1'-',.;..,. '.-"." il(, ~'i.ch.--;,(,~' t1inist"(v <:"r T,;.., ~::rH1 ,"" I, ,C) ".. '-'.it"-2p.' T()(()ntc nnl~a!' r1~5C " .n.. DF.'2-.Y \..:.. ~ 0 dJ,' . r" .i. F? "::', ~:,.!? ':j'~o.-:t ,-,'f + "'!;~:l "-,. .[.;:\y.,'.. ;., ,-' e'l" ,~Ji" 'i.1. ",--, ~ ~- ./,/ F.:F:'~~:/ Qt,( __ ,..1 .. _n .,. ,j ':':" I 11_. j I.)"~. .."' , ~ . . Office of the Clerk and Treasurer RONALD R. SHAW, B.A, A,M.C.T. CLERK ADMINISTRATOR MAUREEN A. COUTURE, A.M.C.T. TREASURER & DEPUTY CLERK 707 QUEEN STREET KINCARDINE, ONTARIO N2Z 1Z9 Tel: (519) 396-3468 Fax: (519) 3%-8288 .: ';'':;\i "j..J.._ "-,','."fiit::",' '-'--- ..--- -., ,_-!t~! i..,~r d.i k'F:', '--'--,;; F,n,- 1 O':;:.pci ,; .::.h, ... 'ff" .-',nd ",.; ~,t"t ,r, ,.)i \'~. il!.~ .::;;"i' (11 ~ j ...., pr'! L.)' .- t."'....,. ;.,--.. ;,;rt:: ....'" ',n'" tIn" 1. ()n,,~ 1__..._. .. r;~~ vt:' '""i i Y "."-', ",P.:::.ij,-,\iE"c _.',._.,_._. _,I.. ;..! '. >--:,,,1,':';::,:' Lil..; -,,-,', ,"-'P':::'"1 T:.'::' ,. '~'-'; ''i'-. "",-;! ;'r' c, '-":~}. nc pr pI Y"J ____--6:~., .., ; '_" r':,. ~:! r1 -. .-;c>/""'.' .... '.",\.'",.ni<,'GL;t(,,, "Where you/re a stranger only once'l . . JDWti_Qf KINCAF(Dlj~E t:!_::(::1::~.:,_.,J 9(:Q--i F'axt V TITLE~ F'r\f1;J.:.NC.:i {~ND STDPPING RESTfUCT!ONS E'aqe --.---------------- .J.IfJ1. C:OLiJt1ttJ_ Desc r i pt :i. C;!""; '-'iT _JJJLj1!:l~L__~L_ COLUMN ~i Ccd..~i!.llIL.1 Volllntafj Payment Set ~lne --. .. ;"iY()'~iI'::.JCn j.:j'P.;"-1~]_ ig OffEnCE DefinIng nftence Pd,jElbIe ~jj.ti--;:i_n 7 Day~. --_._---------"._-------------_.__._--------"--_._-~------.--------------------.---------------- L Parked more than 0, ,L::-I fopt:;--e':::. f"(om curb 1'._,::!..' 1()~ uu 20.00 Parked facing the l.<lfonq direction i (a) 1.0.00 20.00 .., ,-'. Pay-ked f~1clnq the wyonD [ErpcticT on a (me way st"( ee-t , ,'L.', .LI,U.! 10~OO 20.00 4. Parked more than 0.15 metres from curb on one way street 1 (b) 10.00 20.00 l::' d~ Fe-tiled to park pelf,,)_'_.! E?l 7:,-' C\i.j.-ti (:;n one way st'fpet 1. (b) 1.0.00 :;:::0.00 E,. Not park on angle 1 (, ) 10.00 20.00 -, .'. Parked on the ablltting roadway :l. (d) 1(J~(J(l 20.00 FL Parked not wholly in parking C""'I.':;:'('P "'r"-"'-'" 1. (2) lO~OO 20.00 ':1" Parked (on/over) sirlpwalk ':2(a) (j. 10~OO 20.00 10, Parked on boulev.;;rd 2(2:) (ii) 10~OO 20.00 11. Parked Ul inter(~,er:t1,:;,'; ?(a) (i i i) 10.00 20,00 1:2. Parked with:i.n :;; !net:re~; ,--,:,f e! firE< hydrant ~::(a) (:i, v) to rV' 20~OO :1.:3, Parked l,..,;ithin ':J ((;f?t:-(r-:;;;;;. ";-1' intersectin9 F ,,'-";'..', .' ".d.' < "r/ .10~OO ~~O. 00 1."+. Parked within 1.5 met: ~.'" "; r"I d'( i veway ,_-"".'1 10.00 :.:::u.uu j;'j. F'ar-kE'c! Ob'-'.;t'fuct,j , ",,._., 10"00 20.00 lh. Parked obstructj,r'i ~t~ )(..=,:.,...., , .1.0.00 ~'20. 00 Par ked ], on~ler' hour s .... !_, -~. I~ r, ,-l! ' .. '-:,r"-':F":: il-; \i;:;' (\/1'" to.OO ~-:-~o., 00 cont. . . . . . . IQl{N DF J~lJ:~~RQll!s B.Y-L.AW: 1'~':tO-:1. F'E\tt V IITLE:-1::6.f;::Kltj(3 AND STOPPINl3 RESTRICTIOrJS Pane 2 ITEI'1 LQ1J)r1fU~ Descri.ptiC)rl _LDLLli1tL.L ;.'! Oy COLUMN 3. Voluntary Payment F'C'!yabl e Wi thi n 7 Days ~:()l U@IL.::!. r'__L .-'!-"I. rJ.I!t'. p"(o\/J.sion CteatinCj r, i' ..:'..... __. U I I t~j ll.. t~ Defining Offence -..---------------------.------.--------------....-----------...-----.. iM_ Parked on highway November 1- Apr i 1 ~~O; bet'...Jeen hOLrl'"s of 3:00 a.m, and 6:00 pam. 2(a) (i :y;) 10.00 20aOO 19. Parked tor repairing vehicle 2(a) (;.-;) 10.00 20.00 :20. Parked for washj,::CJ \/ei'-ricle 2(a) (:,-;) 10.00 20.00 ~1 Parked for maintaining vehicle ::::(2"1)(:1;) 10.00 :20.00 ?2. Parked for s()liciting (goodsl S;F'{Vlr:e~;) ~~~(a) (;,;1. 10.00 20.00 ,:,.'"-'. Parked for DUjIng (goods! SerVICE'S) 2(a) (:f;i 10.00 '-:').00 ';~:4" P.3rkefi t()r selling (fJood=:.! s;.ervj. CEc:;) :? (a) (:,;j ) .10.00 20,00 ~~ Parked within 15 metres of clp~.igfiated bu~-:. ,::.top 2 (a) (>~i 1. ) 10.00 20.00 :~:E.'. Parked on (sports/pJayiniJ) liel d 2(a) (xi i i) 10.00 '7:0.00 27. Parked on highway within 72 hours of sprayed undercoating 2S(a)(xiv) 10.00 20,00 28. Parked on highway OLIYing an Erner gene j 2(b) 10.00 2C.OO 29. Par'ked orj (bus/truck) route 2(d) 10.00 20.00 .y...'. Parked In p"l"{')hibited area ] 10.00 'ie.OO 31,. P.-':i.f'ked ov[~r time liroit .. ., 10.00 :.:::U. uu '-,.-, '.:',.:.., StoppE~d in -;::.chc)ol bu.s }c)ading .<";,);1'.'; E, [" ~-:I) (i ) 10.00 20.00 cant. . . . . IDwrUL f':!JJI~gD_LtiIiC_ FL'L::L/\i'LU125':::.Lf'-'!LL.:-L T!IJl~D\L,_,}~Uli!) STOPF'Il,13 F.:ESTRICTIONS Paqe 3 ------------------------"--~-----._- . IIEt! D]!~:!.)t1N__"J. CDI,!11'1N ._Z_._ '.r CGL.U~1N 3 VollJntary Paymer1t F'a.yabl e t~i thj. n 7 Days C01 urnn 4 Set: Fine. DE:''':'''Cf i "i. nl""' ?rG!is~on C~e2tj~q Of fenc f,? Defi ni l"p;:1 Df ff:?ri(:e ------._-_.__._--------_._----------------------~-----..---------------------------.------------ :33. Stopped on mF~dj_ .",n E, (a.:; (i:l ) 10.00 20mOO 34. Stopped arJj,-:1cent to medi an EJa) OJ,) l(J~OO 20.00 35~ Stopped at p.nc! 01 lTiedi an E.. (Cl) (i i 10~OO 20.00 37 ~ Stopped wi thin 30 met r E~:; -< I_I! by idge ~n St ()pped W1 thin ~-,,-, met r e~; 0 T ,.;'Ie! ~ .~-"j tunnel t.'( ~\) (i i i ) 10.(JO 20.00 f.,(a.) (j.ii.i 10.00 20.00 3'3. St()ppecl '",Ji thj n :30 mEtres or eleva.ted strlJcture f,(.:.t.) (i..i_] 10.00 20.00 40. Stopped i.n no stopping 7 to.OO 20.00 41" Stanch n(} 1. n nc:< ;::.t.e.rdj i'i~l 8 10.00 20.00 42. Stopppcj lrl loading 20ne ,-,..'-', _7 \..:'l} 10.00 20.00 '::ki. StoppE~d j n ta:n ;;;:.1-;';-lr':c] t.", LU 10.00 20.00 NOTE, The p!~;n,~ll y P~-(:<\/_i..:;:.jc'n (.;::,) 'C!r- the cffEnce~; 1.ndJ_cated abovE~ lSl2.r2 section (~,~) _Y.....___.____ .. By-L.F.H..,I 1:_ certified copy e,f i"k,~d'! r;.:::\=-, UPP(l filed. .__, a Dl~' ~ ~, ~'-- ,~, :~:;~-~~' J !<"~:: Citr!- I NAPPF.:UP!~: I p,'TF i,.lGPDh) . . I[lJ~!~l_n!::""J~rJ::!!~~JU1~f. BY .::.~tiW_L_.t2.:?O-J-..f~~~J,-~Lt JJJLG_L DN _j;>JF:EET F:AF:I< I NI3 METPES F'aqe ITFM CDLolli:trL1. _~~EUll'!ti 2 P~Qvision Creatinq cm_UMN 3 Column 4 Set: Fi f"'tE\ De'::;;c r i pt i on ,-,.F Volllntary Paymel1t ,-", .-. .- r.!a.}-'D.t:!le j,\i:, Df fence Defj.ning CjffE~nce 7 D~-:1jS t, Parked at expired metre 4 ~'L 00 15:00 2" Parked in other than parking space b 10.00 20#00 .~! " Parked taxicab in a metered space 7(e) 1.0.00 20.00 NOTE: The penalty provision (5) foy thp otter1C2S indirated above section \~)J _3.____.. of 8y-La~"!__.1}':;Q-J__ ~ certified copy of which has been filed. J. ":;/ i:if;;~ a r)p ~; ~ """-""---- ~. -"-------""-----------"-"" ~"". (STP I I<E OUT I Nf\PPPOPP I I~ TF t.mPDt)) . . IQH.tLPF _tJJ~l€!En.INE ill' -LAHLJ '3~{~1 F'al-J:-~v:.JJJ~ TIJLJ~.LH.AND I CAF'F'Ej) F'AF:~~ I ~Ji3 F'aqe 1 T.,h." LLE:~:l. !~OL. u 1~!!:LJc. __~~nULlj!j__~~_ ~OLUMN 3 \)()luntary Payinent F'ayable ~Ji.thin 7 Dajs ~:ol umn 4 Set Finp 'U:::'C".,.- i ]()f"! (("(V1-::.'; ""Ii"; "-(F'.,::..tj;"Hnj '-}f tence Definii1q Offence -- ------'_._---,._-----------~-,._--------_.._--~---_..__.-.---.-.---- -..------------------------.--.-------- - I Parked in designated handicapped sp.c..ce B ;:)0.00 75:00 r,!DTE; ,~p i'!p~~l~y provision for the offences indicated above is/arE 5PC T. 1 ()n VII.... ~ ___f a CFf-t.j-fieri "-ifJ\<' ii; \..3hi,c:,-, nas hp(?f1 f;i2(j~ nr-', '-'co: ~.-.- = ...--.....-............--.. ,~" (~ (ET : 1<:t::: [JUT I i'dAF'!:'~:f}F\~~' I i'":... it:.: l.~jC1F:'D~_\:) . . IP~JN OF K U~~[;PIlHls. pY-:LtjJ~L~ 12~:~-:-1 F~_Lt3) I I. 11.J1l:~.L__fJJ:E:-_EfJ1J.lES.. IIftl --------.-------------.------------------.-----------..-----.---..- --.--.-.-------.-.- .J:.QI)Jr:LN ;'~_ E:..aqe 1 IJ;)LJJtli'LL De~;r:r i pti on ()i" Df fpncp P..-o',;isicm Crc-:::atir;!J CQLUI'1I\[ 3. ".!oll...lntEI.( y Payment J.E ~Jithin (I( Defining Offence 7 Days Par ked on fi (e (()ute -------.-----.--....-----.----------..------...------------..-----.,.------ .__________._._..__n_______.______.. .....n____._.___.. :;5~OO 50:00 NOTE~ The. penalty p(ovi~;j.or'J (s) fo.... sEction (5) .ll.I.IL_ of By-La!,.}____ 1~:20-t__ certified copy of which has been filed. nr-. L~I": ~------_.,_._....,._._-_._---_.".__..- b thp offences indicated ab()vp i s/ ar E~ Column 4 Set Fine a (~ ~ ------_..,'-,._--~-_.._--".._---._~-, --------.--------.---.. .' i..... r-. (ST~: I KE OUT I i\it\Ppr-;:OF'r:: I ATE lLJ(}PDS) . IPl-Jt~~_J:~LJ< r t~H~:A~QJJlf BY_:l::.'Lj.EL__l2.?Q:j_E~:l ( t_-,l~ . .---------------------.----.---.. .--"-----------...------------------------ ILILl:~' ":!lf~!cD% ON PF.:IVATE F'ROF'ERTY F'aqE' 1 ITE!>1 !~.QLUj'll'~ _1 Desci'iption ._J~:1~-U!::1N__~f._. Provision C~e2tj~g u; DfiE~n(E~ Oet]nlng Offence -,.------..-------__~____..____.~__________________.____'m._________.______~.__..__________._________._,. Parked 011 private property Parked on municipal pr'operty \lrlT~. The penalty prov~sion (5) for the ;C~F;C T: 1. (In ~. 5) _IXn__M ;:-, '! RI-L.3;".i.____..t~,~!_2:...1_________ C2Yti fied ccqJ:;/ ()f wh"i.ch hd~~. bE.'en fi12C1~ ~:Ol_UMN 3. Vol untary F'Byment Payable lfhthin 7 Days 15.00 15.00 ',. \. of""enC2S indicated above Is/are C'F' :~, 'xXxXxx ~) (STRTk~ OlJT INAPPROPRIATE WllROS") ~-- Co1 umn_1. Set Fi ne 30.00 30.00 a . . IP.bIJL.9E...I< l~.c6RQ.Ib[_ fL:C:-J:::AYJ ~ ___12Jg_=1_.E~ 'r t_.XKL ILILf-_:~____;:i~~:tt~~Jl-::._flJJS _ LO Ap I N(J Z Oti~_ E' ~i Cl e 1 -.----------------------------------------------------..._-.------------ 11!2'1. 1;].~JL\'1rLL Description p"( i"""' i .::~ 1 "'in ","ii' COLLL\'1~' :1 \)c,} i_Jnti:iry PaymEnt F'aY.::1hl e. i.Ji thi 'i :' Days C:ol~-nn 4 Set Fi !iE' '.' Offence Defining Offence ...-----.-.---------..--------.-.-------___~_....__________.._______________..__._ ____________...__._..n_________ 10 Driver stopping school bus outside of designated area ;::j 1:::.;,00 30,00 NOTE, The pena.l ty p(ovi "ion <e.) to,- see t i on (s) .XXI_ 0 f B:y"-LB,W _1~~;l9-1__.___. certified copy of which has been filed. the T~iIC2S indicated above is/are _ ______~____________._~ a [!j;: ~) ....1: "T'].__. 1:XX:XXXX: ~'--- ~) (STRIkE OUT INAPPROPRIATE WORDS) . . .____.__.___n________.________._________._________..________ H!HI'LllU:INL6E;nJNf;_ It'i.:-!-i!J1L_L'G-,)--1_ ,'AFT jl) JJJI-E'__lf11ETIC AND F'AF.l~jNG BY-LAW ,'aqe L JJJJ~l i~Qj:J.lMN_-1_ Desc y i p'~ i. (:,n '--,f DffencE . CDLJ1MtL2___ Provjsion Creating Defining Offence CDLUMN 3 Voluntary Payment Payable ~h thin 7 Days __n______.______________________.___....___..____....____'-------___~________m'_.__________.._.._.._.___._.___ J. ~ Drive motor vehicle on sidewal~ 2. Drive motor vehicle on boulevard .-, L7!. U"(].ve motor as!:'-,}.<:;i:ed bicy"cle Ofl sIdewalk 4. Drive mot ())"- as~;.istE.:;.d bicycle on boul eVdxcI 1:::; Driv~ bicycle on sidewalk DrivE':: bic:Jlcle '.)ji hc;ulE~vc.:lrr.:! Drive on playing field 8. DrIVe on parkland 9~ Drive thro!Jgh closed road 10. EntFf cl()S';eci road ll~ Dri\/E! (cm.!,:,ve'() ne.\..'ly painted 1 i rn:::'i; 1~~ Tamper with newly pained lines ,!r,J i.jcl.I k ') nf::l.Nly n;.:, 1 nl~j.:Jd r'....."...--- :llne~; 15. Pp0estrian failing to yield of way whil," crossIng ';-02..c1\"!ay ,.... .9.V [[F1!TiC-0 j~) on .,.. "'l,rr. eii - i.iOl' 't.) [in j, t, c\) 1 (a) 1(.3,) 1 (a) 1. (a) .1 (3) 1. (a) ,--", \.-11 l(b) .1.'_ "1(,-') i(,-') "/,. 2.) '",:. "'.; '-"j Column 4 Set Fi nr.~ 53.00 53.00 53.00 53.00 25.00 25.00 53~OO 53.00 53.00 53.00 53.00 53.00 53,00 ;:5.00 25"00 25.00 cant... . . . TO-HN_Qf~XlNS:;lifJ2.li'1E~. )21=J=_~1!L_1J:::1Q-=1. l~~FT IS. I I 1L~~~.__ T~f1Ef I c ~NIL PtjE1J N~L.ft( -L~!d. F'aCJe L -------..-.---.--..----.----___________.____.n...____.___ _..0'.____________.. _______._______~_,.,._______._____..._.__________._______ IT~j LCiJJJtttLt Df?~;C r i pt :i. on ()I" Of fence _!3ltJ).tJt~L~~_ ~OL.UMN 3. Cc:!.u.\mn '1 ;-'--e. ., -, '-'. (',)': 1 nC] '~'r \h)l.\..i.rftaxy F';:<y"ITlpnt f:)E~t r--irH? Pa.yabJ.e !.--.iithin 7 Days Defininc] Offerlce -----.-------.....------.----------------------------------------------------.. It=lr. F.:ide folJ.pr ,=-.kE.I.t:e.~. ()p hiqhi>lay ....'.u/ :?~~i. 00 1Q Ride coaster on highway 2(b) 25000 20~ Ride skateboEl"(cJ on higl:)way 2(b) '-,C' ,",,', .'::'d~ '.>\.' 21. Ride tel}' '/ehicle ()n hi~!hl,.,Jay .-,,-L.', L. \,Lii 25.00 22. Ride devi~ie on highway .-,,'1...', ....'.Li.' 25.00 ,-,,""\ .'::."::1. Ride skateboard on ~;idewalk ,'"(rj) :::::~)" 00 L4" Ride roller skates on sidewalk :i(t!.l 2~). 00 25. Ride devise on sidewalk '---"(!-,"; 25.00 26. Pedestrian using roadway .-,/-', .L.\.;_..' ~.):::i. 00 .;.. i ~ Obstructing parking space '-'(d) 5~j. 00 ,'8. InterferE with parking space 1'1'\ 5~:~. 00 2'3. Careless use of bicycle ~:; (Cl.) 30.00 30. Ride bicycle on roadway abyeast 3tb) 2~1"OO 3L Double ride bicycle on foadwE.l)i ::) (c) (i) 2~1. 00 32. Ride bicycle on roadway-not in full cont.rol ..,,; ! ,1 )~::i., 00 33. Park bicycle on foadway ~.,;. Vi' , i ~-:-::~~! 00 34. Park b"lcyc.le i!()t. in i..ip'(iDht.: W::.si t i(m 2~1. 00 35. Park bicycle-interfere ~ith pedf?~it:'(i':m~;; (,." .-,C ,""., .:>...1._ <;_H~i cant. . . . . lJ1~~t~ O["_tlN~=:AEDJJ:!_E~ ~_Y:J}'~H.~_..,J '::J}Q..:::J ~~f~EtI_fl IJJlgL.._JF;.t~EIJ_I_J;I\jq PA~~KIN(1 BY-LAW Paq!? ~1 ._..__._e.._....._____. ..--- --..-,--____.....___.______.._._..____....______. -......_.._______..____.___..____....______........__n...__ _____n.._________ .LT.Et1. Cnl~ul'1IL._!_ ~~l~:lJtlt:L;L.. UI COLUMN 3 Voluntary Payment F'ayabl e. \t.h thi n 7 Days Column 4 Set Fi nc-:- DF';:;;C r i nt j (In Provision Creatlr: n-i'rE'ncp Defining Offence ---.--.....-........--......---.. -- ______n__n.._.'..... n..__._____n___n__.... .. .. -----..-.._____.._...___________..____n_________.._______ :~~- Ride ar~:lm21 on orner han roadway 4(a) 25.00 :37. L..ea.\lE animal dr-a.wn vehj.clp unattended 4(b) 25.00 38. Leave animal ~Yawn vehicle without animal 4(c) 25.00 39. FOllI highway with waste material c- d 25.00 \lDTE:-o in,?:::, pencllt-y l)"(o\ilsic)!i (':::.) for the (')ffE,nces, inc:ii.cated above is/a'rEo spct;iCrn ('ei') ..__!~:L_".__ e,'f _Fy-'-L.,)w._._J~~.~~::1_ ~ __._____f a cprti fjpd (Opy of whjch has been filed. OF~ !~) ~ ~ (~ (;::\-~i?IVi::: OUT Ii\lAPF';:;:~UPPIP\TE L.J[lt:mS) . . JJjWtLJ,lf:~J< I J:i.G-61.~QJ1~t;_ IJJJJ~~"_"I.Ei~EJ~~L~: AW2 p{~0j:JJ-jf:; .1l.Y-L.6H PaClE' -.1. ..------"---...-.--------------.---------.-----.-----.------ mot! r;CJLlJf'lrJJ De~;c'r-j pt, ,',;"; ._IJJ.LJlt'1N._.~~__ n.; c-,p '_.F,::.._:,T:;' i in :~~~.~.Utlt{. ~: i if-jt:.;','l( \i ,"_....____ ..I ::-~~L~~.L.!!!.!.!l.......:! Dffpr"IC2 Defining Offence "'t::", -, nE' \..I-turn where p,;-c,[-,} til tF:ici ~j3. 00 Di sobpy' si qn .-, 53~OO ., ..:.. ~ Disobey zone designation 53~OO NDTE; The jJ\:?n.,::(\_ t:-y' [""1"( St:.:>c t: i on (~:;) Xll-____. ;.}! certi f'ied CCIPY of \;,.;hic~-' fr.::,'., .~!! ! .. .;:, !,,! {. f F,of> ;:,;-:.~ I ,- ;:: ,. ,.'l ) ::-' ~, -,'.I "" i':";"(P " n,",r, ~ ; ,--!'./-! .:;__.____________~_____.1 a t, E~I:?n f i ] ec! . .-:! i~~: ~-- xxxx:XXx .;~ [" \:,c>1;:': ~.if' .-'" i".. ,;:- ,. f.::-;- c:~, -;- i;""- (')U-)' I i\!f\j:::opFiJFF I A TF "-.,,,..-,.....-,.. ;,'.H!f<'.'_..'; -..... . . ) WHITE, JENKINS, DUNCAN & OSTNER Barristers and Solicitors WilLIAM H. WHITE, Q.C. ALBERT L. OSTNER DARRELL N. HAWRELlAK RICHARD V. MARCHAK STEPHEN A. CHEESEMAN WILFRED D. JENKINS, Q.C. HILDE M. ENGLISH JOACHIM D. MATTES KEITH C. MASTERMAN IRWIN A. DUNCAN J. DAVID LINTON KIMBERLY L. EVANS TRACY L. MILLER WilLIAM J. POULOS P.O. BOX 457 45 ERB STREET EAST WATERLOO, ONTARIO N2J 485 TELEPHONE (519) 886-3340 FAX (519) 886-8651 September 7, 1990 Town of Kincardine Office of the"Clerk and Treasurer 707 Queen Street Kincardine, Ontario N2Z 1Z9 Attention: Ronald R. Shaw, Clerk-Administrator Dear Sirs: Re: Traffic and Parking By-law I have now had an opportunity to review the proposed Kincardine Traffic and Parking By-law. Subject to the following comments, the By-law appears to be in order. 1. The definition of By-law Enforcement Officer envisions people other than persons employed by the Town of Kincardine. It is my understanding that the regulation passed under the Provincial Offences Act specifically recognizes only employees of the Municipality as By-Law Enforcement Officers. Of course, Police Officers are also recognized for the purposes of the Provincial Offences Act. 2. Part 3, paragraph 2 states that By-law Enforcement Officers shall enforce the parking and stopping provisions of the By-law. It would be more appropriate to say that By-law Enforcement Officers may enforce the parking and stopping provisions of this By-law. I trust the foregoing is satisfactory. Yours very truly, I~ Kimberly L. Evans KLE:ls . . File: ..~12!'7 - B} Iau B@'".-819F.......o'1."t C\S 9-. 1- ('{). ~ ' L 11th September, 1990 MANAGEMENT REPORT TO: Public Works Committee FROM: Ronald R. Shaw, Clerk-Administrator RE: Parkinq and Traffic Bv-Iaw ORIGIN: A report is required to outline significant changes to the by-law since first and second reading. BACKGROUND: The Public Works Committee reviewed this by-law and suggested some changes. These will be outlined below so that they can be readily identified by Council at third and final reading scheduled for September 20, 1990. The by-law has also been reviewed by our solicitors and their comments are attached together with my own. Lastly, I would ask the Committee to designate the speeding schedule ('X'). At first we thought we could identify the entire Town as a 40 km/hr zone and simply outline exceptions to this. Signs could be posted at each entrance to Town to that effect. Gerry Mann advises that this would be inconsistent with the Highway Traffic Act and I have to agree. Furthermore, he advises that enforcement would be difficult on the subdivision streets. They are also designed so that it is difficult to build up any speed on them. We have drafted a proposed schedule consideration. It is outlined later in this report. for your .. ./2 . . -2- The proposed changes to this by-law are as follows: 1. PART II - Section 3 The definition of bicycle now reads: Bicvcle, in addition to its accepted meaning, includes a tricycle having a wheel or wheels of more than 50 centimetres in diameter. 2. PART II - Sections 14. 19 and 32 The word "driver's" has been changed to "passenger's" so that these permits would have to be on the passenger's sunvisor. Section 19 has been reworded to clearly indicate it is for parking in a municipal parking area. 3. PART IV - Section 1 a) Snowmobiles and beaches have been added to this section in the appropriate places. 4 . PART IV - Section 2 a) Iii) The last word has changed from "curb" to "curbline". The effect of this amendment is to prohibit parking generally on boulevards between the edge of the roadway and a sidewalk. Therefore there must be a sidewalk and there does not have to be a curb. Please ensure that this is your intention. 5. PART V - Section 2 a) liii) "Beach" has been added. 6 . PART V - Section 2 d\ The words "or a heavy truck" have been added behind "bus" on the second line. ... /3 . 7. PART V - Section 10 . -3- The first paragraph is now paragraph a) and paragraphs b) and c) are added as follows: b) The Council, business, may Town. on application of a licensed taxi designate a taxi-cab stand within the c) If the taxi-cab stand is approved by Council, applicant shall pay a yearly license fee established by the Town's Consolidated Revenue law. 8. SCHEDULE "D" the as By- Saugeen Street (both sides) from Harbour Street to the South End of the Street has been added. 9 . SCHEDULE "H" 3 m. has been changed to 15 m. 10. SCHEDULE "I" 11. 75 m. has been changed to 105 m. SCHEDULE "L" The Committee inquired into the names of the businesses listed. They are as follows: 725 King Street 711 Philip Place 637-679 Philip Place 624 King Street 747 Russell Street 1004 Queen Street 929-947 Queen Street 911 Queen Street 345 Durham Street 381 Lambton Street 421 Russell Street 219 Lambton Street 261 Durham Street 757 Queen Street 569 Queen Street 468 Queen Street 249 Bruce Avenue 377 - 385 Kin. Avenue Sutton Park Inn Canadian Tire Sutton Park Mall Embassy Restaurant St. Anthony's Catholic Church Kin Huron Medical Centre Quinn Plaza Krupp's Food Market Presbyterian Church Doctor's Office Anglican Church Legion Post Office Royal Bank Baptist Church Reformed Church Pentecostal Church Empty Plaza - Kin.Ave/Victoria . . . /4 12. 13. 14. 15. 16. . . -4- SCHEDULE "M" A number of fire routes have been added upon further consultation with the Fire Chief. A revised Schedule "M" is attached. SCHEDULE "0" A further pedestrian crossover has been listed on Durham Street immediately east of MacKendrick Drive (by the Davidson Centre). SCHEDULE "P" For Russell Street "Queen" has been changed to "Princes" under TO for obvious reasons. SCHEDULE "0" The following stop signes have been eliminated by the Committee: HIGHWAY INTERSECTING AT FACING TRAFFIC TRAVELLING * * James Street Charles St. Nelson Street Park Lane MacKendrick St & South Nelson Street South Street James Street Durham Street Durham Street South South East North North * redundant as they intersect at a through street. SCHEDULE "V" Two additional one way streets have been added as follows: Goderich St. from Kincardine Ave to Bruce Avenue - South Kincardine Ave. from penetangore Row to Goderich St- West. Does the Committee wish to add Park Lane north of Durham? . . ./5 . . -5- 17. SCHEDULE "X" The following represents our proposal for rates of speed in the Town of Kincardine: HIGHWAY FROM TO MAX. KM/HR Kincardine Ave E. Town Limit Park St. 60 Broadway E. Town Limit Sutton St. 60 Queen St Kincardine Ave Bruce Ave 40 Queen St Durham Mkt S Broadway 40 Durham St Princes St E. Town Limit 40 Russell St Princes St E. Town Limit 40 Huron Terrace Harbour St Broadway 40 Your comments on this will be appreciated. 18. SCHEDULE "Yll, "Z 11 AND l'AA11 These have been referred to Ken Dunn of B.M. Ross & Associates. He is inspecting the bridges this week. 19. SCHEDULE "AC" A copy of the fines have been included. These were previously reviewed by the Finance Committee. 20. OPINION OF KIM EVANS Wi th regards to Kim Evans' letter, I discussed this matter further with her. She does not propose any change in the definition of a by-law enforcement officer but merely cautions us on only appointing employees. I don't see us doing otherwise. Secondly, I certainly agree to change the word "shall" to "may" in PART III paragraph 2 . I trust the Committee and Council will find these comments useful. C.C. Gerald Mann, Chief of Police Reinhard Trautmann, Manager of Public Works RRS /rmg . . WHITE, JENKINS, DUNCAN & OSTNER Barristers and Solicitors WILLIAM H. WHiTE, Q.C ALBERT L aSTNER DARRELL N. HAWREUAK RICHARD V. MARCHAK STEPHEN A. CHEESEMAN WILFRED D. JENKINS. O.C. HILDE M. ENGLISH JOACHIM D. MATTES KEITH C. MASTERMAN IRWIN A. DUNCAN J. DAVID LINTON KIMBERLY L. EVANS TRACY L MILLER WilLIAM J. POULOS PD. BOX 457 45 ERB STREET EAST WATERLOO. ONTARIO N2J 485 TELEPHONE (519) 886-3340 FAX (519) 886-8651 September 7, 1990 Town of Kincardine Office of the' Clerk and Treasurer 707 Queen Street Kincardine, Ontario N2Z lZ9 Attention: Ronald R. Shaw, Clerk-Administrator Dear Sirs: Re: Traffic and Parking By-law I have now had an opportunity to review the proposed Kincardine Traffic and Parking By-law. Subject to the following comments, the By-law appears to be in order. 1. The definition of By-law Enforcement Officer envisions people other than persons employed by the Town of Kincardine. It is my understanding that the regulation passed under the Provincial Offences Act specifically recognizes only employees of the Municipality as By-Law Enforcement Officers. Of course, Police Officers are also recognized for the purposes of the Provincial Offences Act. 2. Part 3, paragraph 2 states that By-law Enforcement Officers shall enforce the parking and stopping provisions of the By-law. It would be more appropriate to say that By-law Enforcement Officers may enforce the parking and stopping provisions of this By-law. I trust the foregoing is satisfactory. Yours very truly, I Lww-. Kimberly L. Evans KLE:ls . . BY-LAW NO. 1990 - 1 TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "M" PART VIII, - FIRE ROUTES 1. Blocks D and E, Plan M-1. - all internal driveways 2. Municipal Parking Lot East of Queen, North of Durham Market North, West of Princes and South of Lambton. - The north south throughway to the west of the lot. 3. Davidson Centre for Kincardine & District. - area surrounding the building. 4. Sutton Park Mall (to rear of building). 5. Forbes-Lambton throughway From Lambton to Part of Lot 12, Part of Lot 12, Court Apartments 325 Lambton Street. Durham Street. - (north/south) North Side of Lambton Street, Plan 61. South Side of Durham Street, Plan 61. 6. Alleyway behind 777 - 821 Queen Street. Part of Lots 1, 2 and 3, East Side of Queen Street, Plan 61. 7. Royal Canadian Legion - 219 Lambton Street. - area surrounding building 8. Alleyway behind 764 Queen to 822 Queen Harbour to Lambton (north/south) 9. Between Harbour and Cottrill's Harbour Terrace Condominiums - six metres throughway south of the landscaped area 10. Trillium Court 550 Philip Place Roadway surrounding building 11. Rear entrances of Kincardine & District Secondary School - Part Lots 21 and 22, North side of Durham St., Plan 61. 12. Ontario Housing Corporation, 915 Huron Terrace, Internal Roadway Adjacent to Building. . . BY-LAW NO. 1990 - TOWN OF KINCARDINE TRAFFIC AND PARKING BY-LAW SCHEDULE "AC" ITEM DESCRIPTION OF OFFENCE PART XXII, Section 2 - VOLUNTARY PAYMENT OF PENALTIES 1. Parked more than 0.15 m. from curb 2. Parked facing the wrong direction 3. Parking facing the wrong direction on One Way Street 4. Parked More than 0.15 m. from curb on One Way Street 5. Failed to Park Parallel to curb on One Way St. 6. Not parked on Angle 7. Parked on the abutting Roadway 8. Parked not wholly in Parking space 9. Parked (on/over) sidewalk 10. Parked on Boulevard 11. Parked in Intersection 12. Parked within 3 m. of a fire Hydrant 13. Parked within 9 m. of an Intersecting Roadway 14. Parked within 1.5 m. of a Driveway 15. Parked Obstructing Driveway 16. Parked Obstructing Traffic 17. Parked Longer than 12 Consecutive Hours 18. Parked on Hwy. Between 3:00am & 6:00am Nov. 1 to April 30 19. Parked for Repairing Vehicle 20. Parked for washing Vehicle 21. Parked for Maintaining Vehicle 22. Parked for Soliciting (Goods/ Services) 23. Parked for Buying (Goods/ Services) 24. Parked for Selling (Goods/ Services) 25. Parked within 15 m. of a Designated Bus Stop 26. Parked on (Sports/Playing) Field 27. Parked on Hwy within 72 hrs. of sprayed undercoating 28. Parked on Hwy. during an emergency 29. Parked (Bus/Trucks) on Highway PART/SECTION VOLUNTARY PAYMENT ~ V/1(a) V/1(a) V/1(B) V/1(b) V/1(b) V/1(c) V/1(d) V/1(e) V/2(a) (i) V/2(a)(ii) V/2(a)(iii) V/2(a) (iv) V/2(a) (v) V/2(a) (vi) V/2 (a) (vi) V/2(a) (vii) V/2(a) (viii) vita) (ix) V/2(a) (x) V/2(a)(x) V/2(a) (x) V /2 ( a) (xi) V/2(a) (xi) V/2(a)(xi) V/2 (a) (xii) V/2(a) (xiii) V/2 (a) (xiv) V/2(b) V/2(d) 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 ... /2 . . , . -2- ITEM DESCRIPTION OF OFFENCE 30. Parked in Prohibited Area 31. Parked over time limit 32. Stopped in School Bus Loading Zone 33. Stopped on Median 34. Stopped Adjacent to median 35. Stopped at end of median 36. Stopped within 30 m. of bridge 37. Stopped within 30 m. of tunnel 38. Stopped within 30 m. of elevated structure 39. Stopped within 30 m. of underpass 40. Stopped in No Stopping 41. Stand in No Standing 42. Stopped in Loading Zone 43. Stopped in Taxicab Stand 44. Parked at expired meter 45. Parked in other than parking space 46. Parked taxicab in a metered space 47. Parked in designated handicap space 48. Parked in fire route 49. Parked on private property 50. Parked on municipal parking 51. Driver stop school bus outside of designated area . PART/SECTION V!3 V/4 V/6(a)(i) V/6(a) (H) V/6(a) (H) V/6(a) (H) V/6(a) (Hi) V/6(a) (Hi) V/6 (a) (Hi) V/6(a) (Hi) V!7 V/8 V/9 V/10 VI/4 VI/6 VI/7(c) VII/8 VII I / 6 IX/1 IX/2 XXI VOLUNTARY PAYMENT ~ 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 5.00 10.00 10.00 50.00 25.00 15.00 15.00 15.00 . . Office of the Clerk and Treasurer RONALD R. SHAW, B.A., A.M.C.T. CLERK ADMINISTRATOR MAUREEN A. COUTURE, A.M.C.T. TREASURER & DEPUTY CLERK 707 QUEEN STREET KINCARDINE, ONTARIO N2Z 1Z9 Tel, (519) 3%-3468 Fax: (519) 396-8288 File: 127 - By-Law Development 21 June 1990 MEMORANDUM To: Mayor and Council From: Ronald R. Shaw Clerk-Administrator Re: Town of Kincardine Traffic and Parkinq By-Law I am pleased to enclose the proposed Traffic and Parking By-law for the 'I'own of Kincardine. It has been an extensive undertaking to date by Gerry Mann and myself. It will represent the Council's policies on these matters upon adoption. The by-law is far more complex than meets the eye. Please read it with great care and, by all means, do not ignore the definitions (I realize the temptation). I could not begin to list all the changes from one by- law to this one. Please read it through carefully and ensure that it meets with your approval. The by-law is scheduled for discussion at the Public Works Committee on July 12, 1990 and the Finance Committee on July 18, 1990. Please feel free to call if you have any questions. RRSjrm c.c. Gerry Mann Reinhard Trautmann "Where you're a stranger only once"