TOWN OF MARKHAM Ontario BY-LAW

Transcription

1 TOWN OF MARKHAM Ontario BY-LAW A BY-LAW TO GOVERN AND CONTROL THE PARKING OF VEHICLES IN THE TOWN OF MARKHAM This By-law is printed under and by authority of the Council of the Town of Markham (Consolidated for convenience only to September, 2009) Amended by: By-law June 28 and 29, 2005 By-law June 28 and 29, 2005 By-law June 28 and 29, 2005 By-law September 1, 2005 By-law September 27, 2005 By-law October 25, 2005 By-law October 25, 2005 By-law October 25, 2005 By-law November 15, 2005 By-law November 29, 2005 By-law January 17, 2006 By-law January 31, 2006 By-law February 14, 2006 By-law February 28, 2006 By-law June 13, 2006 By-law June 13, 2006 By-law June 13, 2006 By-law June 27, 2006 By-law June 27, 2006 By-law June 27, 2006 By-law June 27, 2006 By-law September 12, 2006 By-law September 12, 2006 By-law October 17, 2006 By-law February 13, 2007 By-law April 24, 2007 By-law April 24, 2007 By-law June 12, 2007 By-law June 26, 2007 By-law June 26, 2007 By-law September 11, 2007 By-law September 25, 2007 By-law October 9, 2007 By-law October 23, 2007 By-law October 23, 2007 By-law October 23, 2007 By-law November 13, 2007 By-law November 13, 2007 By-law January 22, 2008 By-law January 22, 2008 By-law February 12, 2008 By-law March 4, 2008 By-law March 4, 2008 By-law March 4, 2008 By-law March 4, 2008 By-law March 25, 2008 By-law March 25, 2008 By-law April 15, 2008 By-law April 29, 2008 By-law May 27, 2008 By-law May 27, 2008 By-law May 27, 2008 By-law June 10, 2008 By-law June 24, 2008 By-law June 24, 2008 By-law September 9, 2008 By-law October 14, 2008 By-law November 11, 2008 By-law November 25, 2008 By-law November 25, 2008 By-law November 25, 2008 By-law January 20, 2009

2 Page 2 By-law February 24, 2009 By-law March 31, 2009 By-law March 31, 2009 By-law April 14, 2009 By-law April 14, 2009 By-law May 12, 2009 By-law May 26, 2009 By-law June 3, 2009 By-law June 3, 2009 By-law June 3, 2009 By-law June 3, 2009 By-law June 3, 2009 By-law June 23, 2009 By-law June 23, 2009 By-law September 15, 2009 By-law September 15, 2009 By-law September 15, 2009 By-law October 13, 2009 By-law November 10, 2009 By-law December 1, 2009 By-law December 15, 2009 By-law December 15, 2009 By-law December 15, 2009 By-law February 9, 2010 By-law February 23, 2010 By-law March 9, 2010 By-law March 9, 2010 By-law May 25, 2010 By-law June 8, 2010 By-law June 22 and 23, 2010 By-law June 22 and 23, 2010 By-law September 21, 2010

3 Page 3 Clause 8, Report No. 22, 2005 BY-LAW (Parking By-law) A By-law to govern and control the parking of vehicles in the Town of Markham WHEREAS the Table to section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that the sphere of jurisdiction highways, including parking and traffic on highways is assigned on a nonexclusive basis to all upper tier municipalities; AND WHEREAS paragraph 11(2)(3) of the Municipal Act, 2001 provides that, where a sphere or part of a sphere is assigned non-exclusively to an upper-tier municipality, both the upper and lowertier municipalities have the power to pass by-laws under that sphere or part of a sphere; AND WHEREAS section 49 of the of the Municipal Act, 2001 provides that, where a municipality passes a by-law for establishing a system of disabled parking, the sole manner of identifying vehicles shall be a disabled parking permit issued under and displayed in accordance with the Highway Traffic Act, R.S.O. 1990, c. H.8 and the regulations made under it; AND WHEREAS section 63 of the Municipal Act, 2001 authorizes that, where a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on a highway in contravention of the by-law; AND WHEREAS Section 100 of the Municipal Act, 2001, authorizes a municipality to pass by-laws to regulate or prohibit the parking or leaving of motor vehicles on private land used as a parking lot with or without the consent of the owner; AND WHEREAS section of the Municipal Act, 2001 authorizes a municipality to regulate or prohibit the parking or leaving of motor vehicles on private property without the consent of the owner of the land; AND WHEREAS section 102 of the Municipal Act, 2001 provides that a municipality may require owners and operators of public parking lots or facilities to provide designated parking spaces for vehicles displaying a disabled parking permit; AND WHEREAS subsection 439(2) of the Municipal Act, 2001 may provide for a procedure for the voluntary payment of penalties out of court in cases where it is alleged that a by-law related to the parking, standing and stopping of vehicles has been contravened; AND WHEREAS subsection 391 of the Municipal Act, 2001 provides that a municipality may pass a by-law imposing fees and charges on any class of person for services or activities provided or done by or on behalf of it and for the use of its property; AND WHEREAS section 7.1 of the Fire Protection and Prevention Act, 1997, S. O. 1997, c. 4 authorizes municipal councils to pass by-laws designating private roads as fire routes along which no parking of motor vehicles shall be permitted; AND WHEREAS the Report entitled Parking Control By-law was considered by the Town of Markham General Committee on June 20th, 2005; AND WHEREAS General Committee adopted the recommendation in the Report on June 20th, 2005 to repeal Parking By-law and pass a new Parking Control By-law;

4 Page 4 AND WHEREAS Council of the Town of Markham adopted the recommendation of the General Committee on as Resolution on June 28 th, 2005; NOW THEREFORE the Council of The Corporation of the Town of Markham ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law: Authorized Sign means any sign or roadway, curb or sidewalk marking or other device placed or erected on a road under the authority of this By-law for the purpose of regulating, warning or guiding traffic; Boulevard means the area between the traveled portion of the street or highway and the limit of the public highway right-of-way but does not include a gravel shoulder; Commercial Motor Vehicle means a motor vehicle having attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and school buses, and tractors used for hauling purposes on a highway; Corner means the point of intersection of curbs or edges of the portion of the highway used for vehicular traffic; Crosswalk means that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface; Designated Parking Space means a parking space marked by an approved sign indicating such space to be used for the sole use of vehicles operated by or used for conveying a disabled person; Disabled Person shall have the same meaning as in R.R.O 1990, Regulation 581 to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended; Accessible Parking Permit is a permit issued pursuant to the Highway Traffic Act and regulations made under it; (Amended by By-law No ) Fire Route means any roadway, driveway, lane, ramp or other means of vehicular access to or from a designated building which is designated as a fire access route by the Town s Fire Department and shall include any part of a parking lot set aside by visible markings or markers for the purpose of vehicular movement; Fire Route Sign means permanent legible signs of a minimum size of cm x cm (12 x 18 ) placed at intervals of not more than 30m (100 feet) along the fire access route which shall display the following information: 1) Fire access route; 2) Parking prohibited; 3) Vehicles will be tagged and/or towed away; and 4) The number of this By-law or the international symbol for prohibited parking as prescribed in the regulations to the Highway Traffic Act; Gross Weight means the combined weight of the vehicle and load; Heavy Truck means a commercial motor vehicle including a bus but not including a school bus as defined under the Highway Traffic Act, R.S.O., 1990, c. H.8, as amended, having a gross vehicle weight, as shown on the permit for the vehicle issued under the Highway Traffic Act, of 3000 kilograms (3 tonnes) or greater;

5 Page 5 Highway includes a common or public highway, street, avenue, boulevard, parkway, driveway, square, place, bridge, viaduct or trestle, designated and intended for, or used by the general public for the passage of vehicles; Hospital means a private or public hospital as defined in the Private Hospital Act, R.S.O c. P.24, as amended, or the Public Hospitals Act, R.S.O. 1990, c. P.40, as amended; Inoperative vehicle means a vehicle that is in a wrecked, discarded, dismantled or in an abandoned condition, and includes a vehicle that does not display a valid license plate; Intersection means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other; Median means the portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or an unpaved strip of ground; (Amended by By-law No ) Motorcycle means a self-propelled vehicle having a seat or saddle for the use of the driver and designated to travel on not more than three wheels in contact with the ground, and includes a bicycle with a motor attached and a motor scooter; Motor Vehicle means any vehicle drawn, propelled or driven by any kind of power except muscular power, and includes a trailer, traction engine, farm tractor, and road-building machine; Municipal Law Enforcement Officer means those persons appointed as such by By-law , as amended, and authorized to enforce this By-law; Nursing Home means a nursing home as defined in the Nursing Homes Act, R.S.O. 1990, c. N.7, as amended; Owner has the same meaning as holder in the Highway Traffic Act; Park or Parking means the halting of a vehicle, whether occupied or not, except when halting temporarily for the purpose of and while actually engaged in loading or unloading goods or passengers; Parking Control Officer means an officer appointed by By-law to enforce the provisions of this Bylaw; Parking Lot means any lands, buildings or structures where vehicles may be parked for a fee and which are owned, leased, operated, improved or erected by the Town; Parking Machine means an automatic, electronic, electromechanical or mechanical device affixed to a standard and placed on a highway or within a parking lot for the purpose of controlling and regulating the parking of any vehicle in a parking space or parking zone, and which issues a receipt indicating the duration of the permitted parking in the parking space or parking zone as permitted upon the insertion of payment; Parking Meter means an automatic or mechanical meter or device which has a slot in which coins or other form of payment may be deposited, a timing mechanism to measure and record the duration of parking, and a signal which, when displayed, indicates that the period of time paid has expired; Parking Space means any area of a highway or roadway or space within a parking lot delineated by markings and designated under section 15 or 16 of this By-law for vehicle parking; Parking Tag means a serially numbered notice showing the nature of the parking, standing or stopping offence and the fine therefore and issued pursuant to this By-law; Parking Zone means any area of highway or roadway or space within a parking lot designated under section 15 or 16 of this By-law for vehicle parking;

6 Page 6 Pedestrian Crossover means any portion of a roadway designated by By-law of a municipality, at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs on the highway and by lines or other markings on the surface of the roadway as prescribed by regulation; Permitted Period means the duration of permitted parking in a parking space or parking zone as indicated on a receipt from a parking machine or as shown on a parking meter; Police Officer means a member of the York Regional Police Force, or the Ontario Provincial Police Force; Private Property means property that has been clearly marked as such by fences or on which a legible sign or signs have been erected by the owner, the occupant, or an agent for either, forbidding trespass or parking on a private road or driveway; Private way means any private road, private driveway, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part of a parking lot; Provincial Offences Officer means any employee of the Town who is designated as a Provincial Offences Officer by a Minister of the Provincial Crown; Public Laneway means a narrow street or passageway, between or behind buildings, designed, constructed and intended to provide access to and service at the rear of places of residence or business and owned by a government authority; (Amended by By-law ) Residential Zone means any area designated by by-law as being residential; School Bus Loading Zone means an area marked by signs indicating such area to be for the sole use of school buses engaged in receiving or discharging passengers; Sidewalk means that portion of a highway between the curb lines, or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians; Spouse includes same-sex partner and both shall have the same meaning as in Part III of the Family Law Act, R.S.O. 1990, c. F.3, as amended. Stop or Stopping means the halting or leaving of a motor vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict or in compliance with the directions of a police officer or of a traffic control sign or signal; Taxicab means a motor vehicle as defined in the Highway Traffic Act, other than a car pool vehicle, having a seating capacity of not more than six persons, exclusive of the driver, hired for one specific trip for the transportation exclusively of one person or group of persons, one fare or charge only being collected or made for the trip. Taxicab Stand means the area set aside and designated by the Corporation to be used by a taxicab while it is waiting for, or picking up, goods or passengers Town means The Corporation of the Town of Markham; Town Facility includes all buildings owned or controlled by the Town and includes a library, school, pool, arena, hall, skating rink, and administrative building; Unauthorized Motor Vehicle means a motor vehicle that does not have affixed thereto a current permit or provincial license plate identifying the vehicle as one operated by a physically handicapped person; 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 but does not include a motorized snow vehicle, the cars of electric or steam railways running only upon rails.

7 Page 7 GENERAL STOPPING AND PARKING REGULATIONS Method of Parking Right Hand Side to Highway 2. No person shall park a motor vehicle on any highway unless on the right hand side of the highway having regard for the direction in which the motor vehicle had been proceeding, but this provision shall not apply to prevent the parking of a motor vehicle on the left hand side of a designated one-way highway. Method of Parking Distance to Curb 3. No person shall park a motor vehicle on any highway unless the motor vehicle is parallel to and not more than 15cm (6 inches) from the curb or boundary of the highway, but this section shall not apply where angle parking is permitted under section 4 of this By-law. Method of Parking Angle Parking 4. Angle parking shall be permitted in those areas designated as such under Schedule A -Angle Parking to this By-law subject to the following conditions: a) no person shall park any vehicle except at an angle of 45 degrees from the curb or boundary of the highway with the front end of the vehicle at such curb or boundary; or b) where angle parking spaces are designated by lines painted on the highway, no person shall park any vehicle except within an area designated as a parking space. Parking Prohibited in Specified Places Signs Not Required 5. No person shall park a motor vehicle; a) on a highway within 9m (30 feet) of any intersection; b) notwithstanding subsection 5(a), on a highway within 15m (49 feet) of any signalized intersection; c) on a highway within 3m (10 feet) of a point in the edge of a roadway nearest to a fire hydrant; d) so as to obstruct a private roadway; e) so as to obstruct any portion of the sidewalk; f) so as to obstruct any portion of a crosswalk; (Amended by By-law ) g) so as to interfere with the movement of traffic; h) so as to interfere with the clearing of snow from the highway; i) between the hours of 2:30A.M. and 6:00 A.M. on any highway save and except those highways noted on Schedule B - Overnight Parking Permitted or on those highways noted in Schedule H - Overnight Parking Permit Programs to this By-law; j) on any boulevard, except where the vehicle is parked on a designated access to private property at right angles or parallel to the traveled portion of the highway; (Amended by By-law No ) k) on a highway within 152m (500 feet) of fire fighting apparatus while said apparatus is actually engaged in fighting a fire, or any distance directed by a member of the Police or Fire Department;

8 Page 8 l) on a highway within 7m (25 feet) of the entrance-way to a fire hall on the same side of the street on which the fire hall is located or within 30m (100 feet) of the entrance-way to a fire hall on the opposite side of the street; m) on a bridge; n) in a public laneway; o) on a highway within 6m (20 feet) of a point designated as a bus stop; p) beyond the permitted period in a parking space or parking zone controlled by a parking meter; or, q) beyond the permitted period in a parking space or parking zone controlled by a parking machine; r) on a median. (Amended by By-law No ) Parking Prohibited in Specified Places Where Signs are on Display 6 (1) Where a sign has been erected indicating parking is prohibited, no person shall park a motor vehicle on a highway at those places designated in Schedule C - Prohibited Parking to this By-law for a period in excess of the period therein specified. (Amended by By-law No ) (2) Notwithstanding the provision for inclusion of designated locations in Schedule C of Section 6, where parking is to be prohibited by signage, the Chief of Police, Fire Chief or Manager, By-law Enforcement & Licencing may have erected "Emergency No Parking" signs in the event of fires, emergencies, parades, community festivals or large assemblies provided that wherever possible, such signs shall be erected at least two hours before the event is scheduled to take place and shall be removed within two hours of the conclusion of the event. (Amended by By-law No ) Parking Permitted Maximum Time Period Allowed 7. Where a sign has been erected indicating that parking is permitted, with a maximum time period allowed, no person shall park a motor vehicle on a highway at those places designated in Schedule D - Parking for a Restricted Period to this By-law for a period in excess of the maximum time period therein specified. Stopping Prohibited 8. Where a sign has been erected indicating that stopping is prohibited, no person shall stop a motor vehicle on a highway at those places designated in Schedule E - No Stopping Zones to this By-law during the period therein specified. Fire Access Routes 9. (1) The Fire Department, in designating a Fire Access Route, shall have regard to the available access and egress of Fire Department vehicles along the proposed Fire Access Route to and from the vicinity of the designated building. (2) When the owner or occupant of a designated building is advised by the Town s Fire Department of its designation as a fire access route, he shall forthwith complete the Fire Access Route signage application and pay all fees prescribed by such application. (3) No person shall park a motor vehicle on or along any part of a designated Fire Access Route at any time. (Amended by By-law No )

9 Page 9 Private or Municipal Property 10. (1) For the purpose of this section, a) Occupant means: (i) (ii) (iii) (iv) the tenant of the property or part thereof whose consent shall extend only to the control of the land of which he is tenant and any parking spaces allotted to him under his lease or tenancy agreement; the spouse of a tenant; a person or a municipality, or a local board thereof, having an interest in the property under an easement or right-of-way granted to or expropriated by the person, municipality or local board whose consent shall extend only to the part of the property that is subject to the easement or right-of-way; or a person authorized in writing by an occupant as defined in paragraph (i), (ii) or (iii) to act on the occupant s behalf for requesting the enforcement of a provision of this section. b) Owner, when used in relation to property, means: (i) (ii) (iii) (iv) (v) the registered owner of the property; the registered owner of a condominium whose consent shall extend only to the control of the unit of which he is the owner and any parking spaces allotted to him by the condominium corporation or reserved for his exclusive use in the declaration or description of the property; the spouse of a person described in paragraphs (i) or (ii); where the property is included in a description registered under The Condominium Act, 1998, S.O. 1998, c.19, as amended, the board of directors of the condominium corporation; or a person authorized in writing by the property owner as defined in paragraphs (i), (ii), (iii) or (iv) to act on the owner s behalf for requesting the enforcement of any provision of this section. (2) No person shall park or leave any motor vehicle on private property without the consent of the owner or occupant of such property. (3) For the purposes of subsection 10(2) of this By-law: (a) (b) Where an owner or occupant of private property has posted signs stating conditions on which a motor vehicle may be parked or left on the property or prohibiting the parking or leaving of a motor vehicle on the property, a motor vehicle parked or left on the property contrary to such conditions or prohibition shall be deemed to have been parked or left without consent. Subject to revocation of his/her appointment at any time without cause for or prior notice of such revocation, a municipal By-law enforcement officer may enforce subsection 10(2) of this By-law only in respect of those locations and employer companies listed in Schedule F - Private Property Enforcement. (4) No person shall park any motor vehicle on property owned or occupied by the Town or a local board thereof where parking by the public is not authorized.

10 Page 10 (5) Subject to posted signs stating otherwise, no person shall leave any motor vehicle on property owned or occupied by the Town or local board thereof where public parking is authorized for a continuous period of greater than 48 hours. Disabled Person Parking 11. (1) No person shall park, stop or leave standing, a motor vehicle in a designated handicapped parking space unless an Accessible Parking Permit is displayed on the sun visor or on the dashboard of a vehicle so that the international symbol of access for the disabled, the permit number and the expiry date of the permit are clearly visible from the outside of the vehicle, and such permit is being used by the person to whom it was issued by the Ministry of Transportation, in compliance with the provisions of the Highway Traffic Act, its regulations and this By-law. (Amended by By-law No ) (2) Every person having possession of a disabled person parking permit shall, upon the demand of a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of the Highway Traffic Act R. S.O. 1990, c. H.8 and its regulations and this By-law, surrender the permit for reasonable inspection to ensure that the provisions of the Highway Traffic Act, its regulations and this By-law are being complied with. (3) The owner and operator of a parking lot or a parking facility shall not charge a fee for the use of a designated handicapped parking space in excess of that fee charged to other members of the general public. School Bus Loading Zones 12. Where properly worded signs have been posted prohibiting such parking or stopping, no person shall park or stop a motor vehicle, other than a school bus, in an area designated as a School Bus Loading Zone as set out in Schedule G - School Bus Loading Zones. Commercial Motor Vehicles 13. No person shall park a commercial motor vehicle on any highway in any residential zone. Parking Permit Program 14. (1) Notwithstanding the provisions of subsection 5(i) of this By-law, no person shall park a vehicle within the areas designated as Permit Parking on Schedule H - Parking Permit Program Areas of this By-law between the hours of 2:30 a.m. and 6:00 a.m. unless there is displayed on the vehicle a valid parking permit issued in accordance with the provisions of this By-law and the vehicle is parked in accordance with the provisions of this By-law. (2) The Manager of Parking Control of the Town or such person as he or she may designate from time to time is authorized to issue parking permits in accordance with the requirements of this By-law. (3) The fee and restrictions for a parking permit for each of the areas designated as Permit Parking Program Areas shall be as set out of Schedule I - Parking Permit Program Fees & Restrictions (4) The form of application for a permit shall contain the name and address of the vehicle owner and proof of ownership, showing the plate and registration number of the vehicle. (5) The number of parking permits available on any street shall be calculated by the Manager of Parking Control based upon the length of highway within each Permit Parking area divided by a vehicle length of 5.5 metres.

11 Page 11 (6) The classes of vehicles which are ineligible for a parking permit are: tow trucks, dump trucks, tractor trailers, cube vans, commercial motor vehicles, boat trailers, snowmobile trailers, tent trailers, mobile homes, recreational vehicles, any vehicle that exceeds 5.5 metres in length and any vehicle that has a rated capacity in excess of 1,360 kilograms. (7) The provisions of this section shall be effective when signs are erected along affected streets to designate Permit Parking areas. (8) No person may park a vehicle at the same location within an area designated as Permit Parking in excess of forty-eight (48) continuous hours. (9) No person may park an inoperative vehicle within an area designated as Permit Parking. (10) No person may park a vehicle in an area designated as Permit Parking between the hours of 2:30 a.m. and 6:00 a.m. unless a current parking permit issued pursuant to this By-law is hanging inside the vehicle from the rear view mirror and is visible through the front windshield of the vehicle. (11) With the exception of subsection 5(i) of this By-law, nothing in this section shall authorize any person to stop or park a vehicle at any location where or at any time when stopping or parking is otherwise prohibited under this By-law. (12) Even if a vehicle bears a valid parking permit issued under this section, nothing in this section shall authorize a driver to stop or park a vehicle on any highway temporarily closed under the Municipal Act, 2001 for any work or improvement being carried out on it or for any other municipal purpose approved by Council from time to time. Parking Meter Control 15. (1) The erection, maintenance and operation of parking meters on those highways, at the sides and between the limits set out on Schedule J -Parking Meter Control Areas (Highways), and in those parking lots set out on Schedule K - Parking Meter Control (Parking Lots), is authorized for the purpose of regulating and controlling parking during the days and times, payment periods, for the maximum time periods and for the rates specified therein. (2) Notwithstanding any other provisions of this By-law, where parking meters have been erected under authority of this By-law, no person shall park a vehicle in a parking space governed by a parking meter at any time unless the parking meter controlling the parking space is used and the fee is paid in accordance the rates prescribed in Schedules J & K by depositing the required fee into the parking meter and setting the parking meter in operation. (3) The permitted period in a parking space shall be measured by the parking meter controlling the space. (4) No person shall park or permit a vehicle to remain parked in a parking space governed by a parking meter at any time not within the period permitted. (5) No person shall allow a vehicle to remain parked in a parking space governed by a parking meter beyond the maximum period specified for that space as set out in Schedules J & K. (6) No person shall park a vehicle in a parking space governed by a parking meter outside of the permitted time periods set out in Schedules J & K. (7) No person shall park a vehicle in a parking space governed by a parking meter unless it is wholly within that parking space, and if the vehicle is of such length or width as to necessitate the use of two spaces, the person parking the vehicle shall comply with the provisions of this section with respect to both parking meters.

12 Page 12 (8) No person shall deposit or cause to be deposited in any parking meter a slug, device or other substitute for a coin of the Dominion of Canada or the United States of America. (9) No person park a vehicle in a parking space governed by a parking meter when the Town has placed a meter bag or other device on the parking meter thereby prohibiting the use of the parking space. (10) Nothing herein shall prevent the driver of a vehicle from using the unexpired time remaining on a parking meter from its previous use. (11) No person shall damage, deface, break, destroy or tamper with any parking meter or part thereof or otherwise impair its usefulness, and no person shall open any meter to remove coins from same, by any means, and no person shall aid, abet or counsel any person to do any of the foregoing. Parking Machine Control 16. (1) The erection, maintenance, and operation of a parking machine is authorized on those highways, on the sides and within the limits as set out on Schedule L - Parking Machine Control Areas (Highways) and in the parking lots as set out in Schedule M - Parking Machine Control Ares (Parking Lots) during the days and times, payment periods, for the maximum time periods and for the rates specified therein. (2) Notwithstanding any other provision of the By-law, where parking machines have been erected under authority of this by-law, no person shall park a vehicle in a parking zone or parking space governed by a parking machine at any time unless the parking machine controlling the parking zone or parking space is used and a fee is deposited in the parking machine in accordance with the rate prescribed in Schedules L & M and a receipt issued by the parking machine is affixed to the vehicle in accordance with subsection 16(4). (3) The permitted period in a parking space or parking zone shall be measured by the receipt issued by the parking machine. (4) The receipt issued by the parking machine shall be placed inside the windshield of the vehicle while the vehicle is parked in either a parking zone or parking space governed by a parking machine in a position so that the writing and markings on the receipt face outward so as to be easily seen from the outside of the vehicle. (5) No person shall park or permit a vehicle to remain parked in a parking space or in a parking zone governed by a parking machine at any time not within the permitted period. (6) No person shall allow a vehicle to remain parked in a parking space or in a parking zone governed by a parking machine beyond the maximum period specified in Schedules L & M (7) Where parking spaces are delineated in a parking lot, no person shall park a vehicle in a parking space governed by a parking machine unless it is wholly within that parking space. (8) No person shall deposit or cause to be deposited in any parking machine a slug, device or other substitute for a coin of the Dominion of Canada or the United States of America. (9) No person shall damage, deface, break, destroy or tamper with any parking machine or part thereof or otherwise impair its usefulness, and no person shall open any meter to remove coins from same, by any means, and no person shall aid, abet or counsel any person to do any of the foregoing.

13 Page 13 Taxi Stands 17. Where a sign is erected designating a taxi stand, no person shall park or stand a vehicle in the taxi stand unless the vehicle is a Town of Markham licenced Taxicab while it is waiting for, or picking up, goods or passengers for the purposes of collecting fares. Daytime Parking Permits 18. (1) Where signs have been erected designating a portion of a highway for Daytime Permit Parking only, no person shall park a motor vehicle on a highway at those places designated in Schedule N - Daytime Permit Parking during the designated time periods and days unless there is displayed on the vehicle a valid daytime parking permit issued in accordance with the provisions of this By-law and the vehicle is parked in accordance with the provisions of this By-law. (2) The Manager of Parking Control of the Town or such person as he or she may designate from time to time is authorized to issue daytime parking permits in accordance with the requirements of this By-law. (3) The form of application for a permit shall contain the name and address of the vehicle owner and proof of ownership, showing the plate and registration number of the vehicle. (4) The number of parking permits available on any street shall be calculated by the Manager of Parking Control based upon the length of highway within each Daytime Permit Parking area divided by a vehicle length of 5.5 metres. (5) The classes of vehicles which are ineligible for a daytime parking permit are: tow trucks, dump trucks, tractor trailers, cube vans, commercial motor vehicles, boat trailers, snowmobile trailers, tent trailers, mobile homes, recreational vehicles, any vehicle that exceeds 5.5 metres in length and any vehicle that has a rated capacity in excess of 1,360 kilograms. (6) The provisions of this section shall be effective when signs are erected along affected streets to designate Daytime Permit Parking areas. (7) No person may park a vehicle at the same location within an area designated as Daytime Permit Parking in excess of forty-eight (48) continuous hours. (8) No person may park an inoperative vehicle within an area designated as Daytime Permit Parking. Standing Prohibited 19. This section of the by-law is intentionally left blank. Penalty Provisions 20. (1) A Police Officer, or Municipal By-law Enforcement Officer, upon discovery of any motor vehicle parked, stopped or left standing in contravention of this By-law, may attach a Parking Infraction Notice to the vehicle. (2) Any person who contravenes the provisions of this By-law may make voluntary payment of the set fine amount as shown on the Parking Infraction Notice, provided that such payment is made within FIFTEEN (15) days from the date of issuance of the Parking Infraction Notice. Once a person has paid the set fine, no further proceedings shall be taken against that person in respect of the offence alleged in the Parking Infraction Notice. (3) If voluntary payment is not made pursuant to subsection (2), the Provincial Offences Act, R.S.O. 1990, c.p. 33, as amended, shall apply and the penalty shall be recoverable under that Act.

14 Page 14 (4) Every person who contravenes the provisions of this By-law is, upon conviction, guilty of an offence and is liable to a fine of not more than FIVE THOUSAND DOLLARS ($5,000.00) for each offence, exclusive of costs, pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c.p. 33, as amended. (5) Notwithstanding subsection 20(2), every person who commits a disabled parking permit offence under the Highway Traffic Act upon conviction, is guilty of an offence and is liable to a fine of not less than THREE HUNDRED DOLLARS ($300.00) and not more than FIVE THOUSAND DOLLARS ($5,000.00) for each offence, exclusive of costs. (6) In addition to any other penalty provided for in this By-law, a Police Officer, Municipal Law Enforcement Officer or Parking Control Officer upon written complaint of an owner or occupant of private property, may cause a vehicle that is parked in contravention of this By-law to be removed and taken to and stored in a suitable place. (7) Notwithstanding any other provisions or penalties contained in this By-law, a police officer, Municipal Law Enforcement Officer, or Parking Control Officer, upon discovery of any motor vehicle parked or left standing in contravention of this By-law, may cause it to be moved 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, R.S.O. 1990, c. R. 25. (Amended by By-law No ) (8) Any vehicle parked or left standing on any highway for a period exceeding 72 hours shall be considered to be abandoned, and upon discovery of such abandonment, a police officer, Municipal Law Enforcement Officer, or Parking Control Officer may cause it to be moved to, or stored in a suitable place, and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, c. R. 25 (Amended by By-law No ) (9) A police officer or an officer appointed for carrying out the provisions of this By-law who discovers a vehicle apparently abandoned on or near a highway or a motor vehicle or trailer without proper number plates may take the vehicle into the custody of the law and may cause it to be taken to and stored in a suitable place and all costs and charges for the removal, care or storage of a vehicle taken or stored under paragraph (a) are a lien upon the vehicle that may be enforced in the manner provided by the Repair and Storage Liens Act. (10) The owner of a motor vehicle parking in violation of this By-law is liable to any penalty provided for herein unless the motor vehicle, at the time the offence was committed, was in the possession of a person other than the owner without the owner s consent, expressed or implied. 21. This By-law shall not apply to Ambulances, Police and Fire Department motor vehicles, Public Utility motor vehicles and motor vehicles actually engaged in works undertaken for the Town or the Regional Municipality of York if compliance herewith would seriously interfere with the function which the persons using the vehicle are performing. 22. Where any hour or other period of time is stated, the time referred to shall be Eastern Standard Time except in periods when Daylight Saving Time has been declared in effect, in which period it should be Daylight Saving Time. 23. All measurements in this By-law are to be calculated using the metric system; any references to imperial measurements are for reference only. 24. Schedules A to N inclusive shall be and hereby form part of this By-law.

15 Page By-law No and any amendments thereto are hereby repealed. 26. Sections 1aa, 1m, 4, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 35, 49, 50 and Schedules 4, 5, 6, 21 and 22 of By-law No , as amended, are hereby repealed. 27. This By-law shall come into force on the date when a set fine Order is obtained from the Chief Judge of the Ontario Court Division for offences created by this By-law for the purpose of proceedings commenced under Part II of the Provincial Offences Act, R.S.O. 1990, c.p. 33, as amended. READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS 28 TH AND 29 TH DAY OF JUNE, _ Sheila Birrell SHEILA BIRRELL TOWN CLERK Frank Scarpitti FRANK SCARPITTI DEPUTY MAYOR

16 Page 16 SCHEDULE A ANGLE PARKING Street Side Between Angle Parking Requirement By-law This schedule is intentionally left blank.

17 Page 17 SCHEDULE B - OVERNIGHT PARKING PERMITTED Column 1 Column 2 Column 3 Column 4 Street Side Between By-law Church Street North Maple to west of House #36 (end of road taper) Dudley West Elgin Street and its northerly limit Flowervale West/south North property line of house #3 and east property line of house #9 Reginald Crescent South East limit of Reginald Crescent to west limit of Reginald Crescent (parallel to Hwy #7) Wales East South property line of House #37 to the north property line of House #67

18 Page 18 Abercorn South Jonquil Crescent and 15 metres west of Jonquil Crescent Abercorn North Jonquil Crescent and 15 metres west of Jonquil Crescent Aberfeldy Crescent Both Waggoner s Wells Lane and 15 metres west of Waggoner s Wells Lane (South Entrance) Aberfeldy Crescent Both Waggoner s Wells Lane and 15 metres west of Waggoner s Wells Lane (North Entrance) Aberfeldy Crescent Right hand The south intersection of Aberfeldy Crescent and Waggoner s Wells Lane the North intersection of Aberfeldy Crescent and Waggoner s Wells Lane Acadia South-West 25m north of northern property line 3700 Steeles Ave. East to 30m west of shared property line 80 and 100 Acadia Ave. Acadia North-East 25m north of northern property line 3700 Steeles Ave. East to 30m west of shared property line 80 and 100 Acadia Ave Acadia North side Ferrier Street to North/South section of Acadia Alanadale East Sheriff and 15 metres north of Sheriff Alanadale East Sheriff and 15 metres south of Sheriff Albert Lewis Street East Shady Oaks and Autumn Glow Drive Albert Lewis Street East White s Hill to Old Oak Lane Albert Lewis Street West White s Hill Street to a point 20m North of White s Hill Albert Lewis Street West A point 20m South of Hosta to a point m North of Hosta Albert Lewis Street West A point 20m South of Pinecliff to a point m North of Pinecliff Albert Lewis Street West A point 20m South of Morning Dove Drive to a point 20m North of Morning Dove Drive Albert Lewis Street West A point 20m South of Old Oak Lane to Old Oak Lane Albert Street East At a point 61 metres north of Hwy. #7 to south limit of Edward Street 8.00am to 4.00pm Mon-Fri Albert Street West Hwy. #7 and Joseph Street Albert Street Both Woodbine 30 metres east of Woodbine Alcona Drive West Fred Varley Drive and the southern limit of Alcona Drive Aldergrove Drive East North street limit of Chi Chester to south limit of Halder Crescent 3.00p.m. to 4.00p.m. Aldergrove Drive West Manston Crescent to north property line of house # a.m. 9.30a.m. and 3.00p.m. 4.00p.m. Mon-Fri Aldergrove Drive Inner circle Denison Street and Old Kennedy Alexander Lawrie Both Sixteenth and a point 75m North thereof

19 Page 19 Alfred Paterson Drive North Delray Drive and a point 150m west of Alfred 7:00-9:00 A.M Paterson Drive 4:00-6:00 P.M. Almira South In its entirety Almira South Country Glen and Laneway 1 Almira South 40m West of Bur Oak Angus Glen Boulevard North Kennedy and Prospector s Drive Amber Street West Bentley Street and a point 40 metres south thereof Amber Street West/South A point 6 metres from the start of the corner radius on either side of all private driveways Amber Street East/North In its entirety Angus Glen Boulevard South Kennedy and a point 20 metres thereof Angus Glen Boulevard Both Prospector s Drive and a point 45 metres west thereof Angus Glen Boulevard South A point 20 metres east and west of the centerline of Angus Meadows Drive and Potters Wheel Angus Glen Boulevard North A point 20 metres east and west of the centerline of Royal Troon Crescent Angus Glen Boulevard South A point of 25 metres west of Kennedy and Prospector s Drive Angus Glen Boulevard Both A point 40 metres west of Prospector s Drive and The Fairways with the exception of 20 metres east and west of the centerline of Angus Meadows Drive, Potters Wheel and Royal Troon Crescent Angus Meadows Drive East In its entirety Angus Meadows Drive West In its entirety Anita Drive West South of Bianca Drive, North and South of Zion Carlo Drive Anita Drive East South Unionville Ave. to Bianca Dr. Annina Crescent (East) East North of South Unionville to House #90 Annina Crescent (West) East North of Lane A to House # 67 of Annina Crescent West Apple Creek Boulevard Both Woodbine and Warden Austin Drive North Bullock Drive to the east property limit of block no.81 (school property) Autumn Glow Drive South Cornell Rouge Boulevard and Albert Lewis Street Autumn Glow Drive North John Allan Cameron Street and Cornell Rouge Boulevard Avondale Crescent Both Ramona Boulevard and 15 metres south of Ramona Boulevard Azalea Gateway South In its entirety Bakerdale West Entire West Side Bakerdale North Entire North side Bakerdale East 35 metres north of Southdale Drive to a point 77 metres north of Southdale Drive

20 Page 20 Bakerdale South 77 metres north of East side Bakerdale to a point 35 metres east Balsam Street East Shady Oaks and Autumn Glow Drive Balsam Street East Shady Oaks and White s Hill Balsam Street West Shady Oaks and a point 20m North of Shady Oaks Balsam Street West White s Hill and a point 20m South of White s Hill Barlow Both In its entirety 8.00a.m. 5.00p.m. Mon-Fri except Statutory Holidays Barlow West The west property line of 52 Barlow and 8:00am 2:00pm; Halstead Drive Saturday Sunday Bay Thorn Drive West East intersection of Bay Thorn Drive and Donalbain Crescent and 61 metres north of the east intersection of Bay Thorn Drive and Donalbain Crescent Bay Thorn Drive South Yonge Street and west intersection of Bay Thorn Drive and Donalbain Crescent Bay Thorn Drive North Yonge Street, 55 metres north of Donalbain Crescent Bay Thorn Drive East 55 metres north of Donalbain Crescent and Apple Orchard Path Bay Thorn Drive West Royal Orchard Boulevard and 15 metres south of Royal Orchard Boulevard Bay Thorn Drive West Royal Orchard Boulevard and 15 metres north of Royal Orchard Boulevard Bay Thorn Drive South Yonge Street and west intersection of Bay Thorn Drive and Donalbain Crescent Baymark West Romfield Circuit and Romfield Circuit Bayview Fairways Dr. West John Street and Sea Island Path Bayview Fairways Drive East John Street and 200 metres south of John Street Bayview Forest Lane East, West In its entirety and within cul-de-sac and within cul-de-sac Baywood Court East 163 metres east of Baywood Gate and 261 metres east of Baywood Gate Baywood Gate West John Street to Baywood Court Beech Street South Main Street (Hwy. #48) and 30 metres west of Main Street (Hwy. #48) Beech Street North Main Street (Hwy. #48) and Peter Street Beech Street South From 30 metres west of Main Street (Highway #48) to Peter Street Beechgrove Crescent East East property limit of #2 Beechgrove Crescent to the east property limit of #46 Beechgrove Crescent

21 Page 21 Beechgrove Crescent West East property limit of #1 Beechgrove Crescent to the east property limit of #51 Beechgrove Crescent Benson South Yonge Street and Church Street Benson North Yonge Street and 30 metres east of Yonge Street Benson North Church Street and 30 metres west of Church Street Bentley Street South Amber Street and a point 40 metres west thereof Bentley Street South Amber Street and a point 40 metres east thereof Bentley Street South Alden and a point 70 metres east thereof Bentley Street North In its entirety Bentley Street South A point 6 metres from the start of the corner radius on either side of all private driveways Berczy Gate Both 9 th Line and Senator Reesor s Drive Betty Roman Boulevard South Woodbine to House # Betty Roman Boulevard North Woodbine to House # Betty Roman Boulevard North House # 14 to House # Betty Roman Boulevard North House # 54 to House # Betty Roman Boulevard North House # 72 to House # Billy Joel Crescent South Fredericton and Tuclor Lane Birchmount West Denison Street and a point 160 metres south of Denison Street Birchmount East In alignment with the south side of Birchmount and Denison Street to a point 160 metres south of the alignment of the intersection of Birchmount and Denison Street Birchmount Both 14 th and Denison Street Birchmount Both 160 metres south of Denison Street and Steeles Birchview Lane South Unionville By-Pass to a point 9 metres west of the Fire Hall entrance Birchview Lane North Unionville By-Pass to a point 9 metres west of the Fire Hall entrance Bonheur West Reflection to Orr Farm Bonheur West Gardon to Betty Roman Boulevard Bonheur East House # 21 to House # Braeburn Drive Both Entirety Mon-Fri 9.00a.m. 4.00p.m. Except by permit Braithwaite Both Carlton and 15 metres north of Carlton Brendan Court Both In its entirety Brookfield Court Both Ramona Boulevard and 15 metres north of Ramona Boulevard Bryant Both Entirety Mon-Fri 9.00a.m. 4.00p.m.