BEING A BY-LAW RESPECTING PARKING MATTERS AT THE SIOUX LOOKOUT AIRPORT AND TO RESCIND BY-LAW NO. 15-05
WHEREAS Section 8 of the Municipal Act, 2001, as amended, provides that a municipality has the capacity, rights, and powers of a natural person for the purpose of exercising its authority under this or any other Act, and WHEREAS Section 11 of the Municipal Act, 2001, as amended, allows single-tier municipalities to pass by-laws respecting matters within a number of spheres of jurisdiction, including sphere 2 “transportation systems, other than highways”, and WHEREAS Section 70 of the Municipal Act, 2001, as amended, allows a municipality, if one of the purposes for so acting is for its own purposes, to exercise its powers under the “transportation systems, other than highways” sphere of jurisdiction in relation to airports in the municipality, and WHEREAS Section 391 (1 )(a) of the Municipal Act, 2001, as amended, allows a municipality to pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it;
NOW THEREFORE, the Council of the Corporation of the Municipality of SiouxLookout ENACTS AS FOLLOWS:
For the purpose of this:Vehicle includes a motor vehicle, a motorized snow vehicle, trailer, traction engine, farm tractor, road-building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power.Park or Parking, when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
Automated Parking Metering Machine means a device that, on receipt of the appropriate payment, dispenses a ticket showing the duration of time allowed to park in the Airport Parking Lot.
Parking Meter Zone means any highway, street, part of street or location where parking meters are located or where an automated parking metering machine is utilized.
Parking Space means a portion of the surface of any highway, street, part of a street, or location, which can be legally used for parking.
Disabled Parking Space means a parking space, which is for the exclusive use of a vehicle displaying a permit in accordance with the requirements of Part III of the Highway Traffic Act, R.S.O. 1990, c. H.8, the regulations made thereunder. These spaces are distinctly indicated as such by signs and/or markings.
- THAT a parking lot(s) be established at the Sioux Lookout Airport.
- THAT the Airport Manager may prohibit parking at any location on the property of the Sioux Lookout Airport (this is to cover No Parking on entrance road “Airport Road” and “Hangar Road”) and at his discretion may authorize the removal or impounding of any vehicle, at its owner’s expense, parked or left contrary to this. No person shall park in a prohibited area where signed.
- THAT where parking meters are situated:
(4a) no driver of a vehicle shall park such vehicle in a parking meter zone unless the driver of such vehicle deposits in an automated parking metering machine a coin of lawful money of Canada or the United States of America, of a denomination specified on the said parking meter for payment as required to pay for the period of time the driver wishes to park in said parking space for a period of time stated on the same parking meter, and provided that where any greater sum of money is placed in any parking meter, no time shall be registered thereon, or allowed in excess of the appropriate maximum shown for any denomination of coin as applicable,
(4b) no driver of a vehicle shall allow such vehicle to remain parked for a longer period than that for which payment has been made,
(4c) no driver of a vehicle shall park such vehicle in a parking space unless the front of such vehicle is alongside or as close as is practicable to the parking meter provided for such space.
- THAT no driver of a vehicle shall park such vehicle in a parking space unless the driver of such vehicle purchases a permit for the period of time the driver wished to park in said parking space at the Airport Manager’s office or at any office as authorized by the Airport Manager, and displays the purchased permit accordingly in said vehicle and no driver of a vehicle shall allow such vehicle to remain parked for a longer period than that for which payment has been made.
- THAT designated Airport and/or Municipal Employees may enforce the provisions of the including, but not limited to, attaching to a vehicle in contravention of any provision of this a serially-numbered notice, in a form approved by the Corporation of the Municipality of Sioux Lookout, to the driver thereof that such vehicle has been parked in violation of any of the provisions of this and instructing the driver to report to the Municipal Office in regard to such violation and payment of applicable fines.
- THAT no driver shall park in a disabled parking space without a valid displayed “disabled person parking permit” authorizing the use of such space.
- THAT no driver shall park a vehicle in a reserved parking space, in which that space does not belong to the driver of the vehicle.
- THAT no driver shall park a vehicle in an un-orderly fashion as to take up more than one parking stall or to disrupt the flow of traffic.
- THAT for the purpose of Section 4 of this By-Law, designation of employees authorized to enforce the provisions of this shall be done from time to time by Council by resolution.
- THAT it shall be the duty of the designated municipal employees to provide to the Municipal Office, on a timely basis, a duplicate of each serially-numbered notice of violation as attached to any vehicle.
- THAT where the driver of a vehicle contravenes the provisions of this, payment of the penalty in connection therewith shall be made at the Municipal Office in the sum as set out by the Municipality as penalty for and in full satisfaction of such violation.
- THAT the Airport Manager may authorize the placing, regulating, and maintaining of signs at the Sioux Lookout Airport for the purposes of guiding and directing traffic, including signs designating where parking is prohibited.
- THAT every person who contravenes any provisions of this By-Law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act. 2.
- THAT any person receiving a serially-numbered notice, in a form approved by the Municipality of Sioux Lookout, that a vehicle has been parked in violation of any of the provisions of this may voluntarily pay applicable penalties out of court in cases where it is alleged that this has been contravened, and such penalties shall be paid at or forwarded to the Municipal Office.
- THAT the fees to be deposited into an automated parking metering machine and penalties for contravention of this shall be as determined from time to time by Council by resolution.
- THAT, generally, an automated parking metering machine or sale of parking permits shall be utilized to regulate parking at the Sioux Lookout Airport.
- THAT the fee to be deposited into a parking meter and the period of time allowed for parking at meter shall be as determined from time to time by Council by resolution.
- THAT no driver of a vehicle, including a vehicle from which refreshments or other goods are sold for consumption by the public (street vendors), shall park such vehicle in such a manner that it is not wholly within an area designated as a parking space, then the person parking same shall make the necessary deposit of coins in the parking meter for the adjoining parking space.
- THAT it shall be the duty of the Municipal Employee assigned to the enforcement of this to report:
(20a) the number and location of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in violation of this,
(20b) the complete permit number or any other identification tag marking, if any, of such vehicle,
(20c) the time which such vehicle is parked in violation of any of the provisions of this By-Law,
(20d) any other facts, the knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. Each such Municipal Employee shall also attach to such vehicle a serially-numbered notice to the driver thereof that such vehicle has been parked in violation of any of the provisions of this and instructing the driver to report to the Municipal Office in regard to such violation.
- THAT it shall be the duty of the Municipal Employee assigned for such purpose, to furnish to the Municipal Clerk a duplicate of each serially numbered notice of violation as attached to any vehicle.
- THAT By-Law No. 15-05 be rescinded.
- THAT this By-Law shall come into force and take effect on the date of its final passing.