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HomeMy WebLinkAboutDSD-19-160 - Consolidation of Uniform Traffic By-lawREPORT TO: Community and Infrastructure ServicesCommittee DATE OF MEETING:October 21, 2019 SUBMITTED BY: Barry Cronkite, Director,Transportation Services 519-741-2200 ex.7738 PREPARED BY:Lou Slijepcevic, Traffic Project Coordinator, 519-741-2200 ex. 7153 WARD (S) INVOLVED:All Wards DATE OF REPORT:October 3, 2019 REPORT NO.: DSD-19-160 SUBJECT: Consolidation of Uniform TrafficBy-law ___________________________________________________________________________ RECOMMENDATIONS: That Council enact a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener;and further, That Council approve amendments to the Administrative Monetary Penalty System (AMPS) By-law to incorporate the new Uniform Traffic By-law; and further, BACKGROUND: Transportation Services staff, in consultation withthe Region of Waterloo, the City of Cambridge, the City of Waterloo, the Township of Wilmot, the Township of Wellesley, the Township of North Dumfries, the Township of Woolwichand Waterloo Regional Police Services havedeveloped a consolidation of the Uniform Traffic By-Law to regulate traffic and parking on Municipal roads. The new Uniform Traffic By-Law2019replaces the City’s existing Uniform Traffic By-Law 2007- 138. REPORT: The municipal working group for the consolidation review process included staff representation from By-Law Enforcement, Legal Services, and Transportation Services sections. The purpose of the By-Law review was to consolidate amendments which have been adopted since the current By-law’s inception in 2007, and to incorporate legislative changes in the applicable governing Acts. The proposed changes to the By-Law consist primarily of administrative amendments as well as modificationsto retain and refine, wherever possible, uniformity between the Area Municipalities By-Laws. The By-Law schedules have also been amended where necessary to reflect existing signing on roads, and to correct errors, omissions, and inconsistencies. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 5 - 1 Uniform Traffic By-Law 2019-113 Updates Provisions that are new, or have been changed from the existing Uniform Traffic By-Law 2007- 138include: Part II – Definitions Accessible Parking Space – Definition was added to remain consistent with the Region of Waterloo. New definition: ‘means a parking space designated under this By-Law for the exclusive use of a vehicle displaying an accessible parking permit.’ Boulevard – Definition was changed to remain consistent with the Region of Waterloo. New definition: ‘means that part of a highway from the edge of the roadway to the nearest lateral property line, but does not include a shoulder, sidewalk, cycling lane or multi-use trail;‘ Commercial/Essential Parking Permit – Definition has been removed because it is no longer part of Transportation practice. Construction Parking Permit – ‘General Manager of Development and Technical Services’ was changed to ‘General Manager, Development Services’. Director of Operations – ‘Director of Operations’ was changed to ‘Director, Operations - Roads and Traffic’, ‘Community Services Department’ was changed to ‘Infrastructure Services’. Heavy Truck – Definition was changed to remain consistent with the Region of Waterloo. The maximum weight of an unloaded truck changed from 4600 kg to 4500 kg. Motor Assisted Vehicle – Definition was changed to remain consistent with the Region of Waterloo. New definition: ‘includes a motor-assisted bicycle, E-bike, power-assisted bicycle, segway,mini-bike, go-cart and any other motor-assisted transportation device that weighs not more than 55 kilograms and that does not have sufficient power to enable the transportation device to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start, but does not include a wheelchair;’ School Frontage – Definition was addedto describe the frontage of a school:“means the areas of a highway abutting the property of a school” Shared roadway – Definition was added to give context for 40km/h speed provision where cyclists and motorists share the roadway. ‘means a roadway where both cyclist and motoristshare the same vehicular travel lane.’ *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 2 Sharrow – Definition was added to give context as to what a Sharrow looks like and what it is used for.Definition: ‘means a marking consisting of two chevron symbols and a bicycle stencil on a shared roadway.’ Part III – Enforcement and Authority Authority toInstall Signs (a, b, c) -‘The General Manager of Development and Technical Services’ has been changed to ‘Director, Transportation Services’ (d) – ‘Director of Transportation Planning’ has been changed to ‘Director, Transportation Services’. Part IV - General Operation of Vehicles (a), (iv) – Skateboarders, Scooter users and Rollerbladers using the sidewalk, multi-use trail, or boulevard must yield right-of-way to pedestrians. (b) – ‘General Manager of Development and Technical Services’ was changed to ‘General Manager, Development Services Division’. B) The Use of Transportation Devices – Definition has been changed to remain consistent with the Region of Waterloo. ‘Pursuantto the Highway Traffic Act’ has been added to the end of the paragraph. C) Riding Abreast – This section has been deleted to allow side-by-side cycling. F) Obstructing a Sidewalk – This has been changed to include ‘or multi-use trail’. Part V – Parkingand Stopping Restrictions Parking Prohibited General (xvii) – ‘Within 15 metres of either side of a bus stop’ has been replaced with ‘Within 30 metres on the approach or 15 metres on the departure of a bus stop or light rail transit station or stop’ in order to remain consistent with the Region of Waterloo. D) Snow Event – ‘road’ has been changed to ‘highway’ to remain consistent with the Region of Waterloo. E) Public Notice of Snow Event - ‘Director of Operations’ has been changed to Director, Operations - Roads and Traffic or his or her delegate’. No Parking (b), (xii) - Within 15 metres on either side of a traffic calming measure or seasonal traffic calming measure. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 3 Part VI – On-Street Parking Meters and Parking Permits Accessible Parking for Persons with Disabilities - ‘When an authorized sign is on display establishing “accessible parking”, no person shall park or stop a vehicle in an accessible parking space on any highway named or described in Schedule ‘27’of this By-law, on the side or sides of the highway set out therein, other than a vehicle upon which is properly affixed a valid accessible parking permit that is issued and displayed in accordance with the Highway Traffic Act and is at the time being used to transport a disabled person.’ has been added to remain consistent with the Region of Waterloo. Commercial/Essential Parking Permit – has been removed because it is no longer part of transportation practice. Part VIII – Pedestrian Crossovers Level 1 Pedestrian Crossovers – ‘When an authorized sign establishing “Level 1 pedestrian crossover” is on display on any highway named or described in schedule 11 of this By-law, any location set out therein is designated as a Level 1 pedestrian crossover.’ Has been addedto remain consistent with the Region of Waterloo. Level 2 Pedestrian Crossovers – ‘When an authorized sign establishing “Level 2 pedestrian crossover” is on display on any highway named or described in schedule 11 of this By-law, any location set out therein is designated as a Level 2 pedestrian crossover.’ has been added to remain consistent with the Region of Waterloo. ‘Any approach/exit of a roundabout is a Level II Pedestrian Crossover when an authorized sign is on display’ Part XIV– Rates of Speed (ii) – ‘Along all school frontages, the maximum rate of speed is 40 km/h when signs are on display.’ Approved through report INS-16-051. iii) - “On any shared roadway, when sharrows are displayed, the maximum rate of speed is 40 km/hwhen on display” ’ Approved throughreport INS-17-066 Part XVI – Limited Gross Weight (3) Oversize Loads – ‘Director of Transportation Planning’ has been changed to ‘Director, Transportation Services’ Part XVII – Heavy Truck Prohibitions Exception – Has been changed to remain consistent with the Region of Waterloo. Part XXI– Penalties (2) Exemptions – ‘any vehicle owned or operated by Waterloo Regional Police Service whether or not licenced or permitted to be on the roadway, including but not limited to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 4 golf carts, snowmobiles, remote controlled robots and/or off road vehicles, or’ added to exemptions as per request from Waterloo Regional Police Service. Administrative Monetary Penalty System (AMPS) An Administrative Monetary Penalty System (AMPS)was approved for parking violations by Council on April 15, 2019, Report CSD-19-008 and the program was implemented on June 3, 2019. The repeal and replacement of the new Traffic By-law requires an amendment to the AMPS by-law in order to ensure both by-laws reference one another and incorporate any required definitions to reflect the AMPS process. This amendment is minor in nature and simply a housekeeping requirement which will have no impact or change on the current AMPS process or procedures as previously approved by Council. Process Improvement Over the last three years (2016-2018) Transportation Services presented 73 consent reports regarding On-street Parking Regulations, On-Street Stopping Regulations, All-way Stops and Pedestrian Crossovers to the Community and Infrastructure Services Committee. These consent reports are generally for mattersthatare minor in nature. Further, issues contained within the reports arereviewed by Transportation staff with consultation and input from the local community and Ward Councillor. The current process isas follows: 1. A request/concern is received by Council and forwarded to Transportation Services or received by Transportation Services directly. 2.Staff review and analyze safety, roadway functionality, and conformity with the Ontario Traffic Manual (OTM) standards and warrants.Should the request be parking related, staff may also survey/petition affected residents 3.If additional signs/restrictions are warrantedand aren’t currently addressed through general provisions of the Uniform Traffic Control By-law, staff prepare a consent report to be considered by Community and infrastructure Services Committee(CISC). The affected community is notified of the upcoming CISC meeting. 4.If the consent report is approved, it is then considered by Council. 5.If approved by Council, staff then prepare the required by-law amendment that must also be considered by Council andbegin the installation process in collaboration with Operations Services. Theentire process from intake through to the beginning of the installation process can take approximately 4-6 months. The current Uniform Traffic Control by-law gives authorization to the General Manager of Development and Technical Servicesto “place, erect and maintain or cause to be placed, erected and maintained such traffic control devices and traffic control signs that are required to give effect to the provisions of this by-law and/or which are authorized by the Schedules to this by-law”. Staff are recommending that items that are generally minor in nature be resolved at a staff leveland authorized under the conditions of the by-law;with input from the community and Ward councillor; without the submission of a staff report(removal of step 3 and 4). This change in process would shorten the overall timefor typical resolutionby approximately 2-3 months, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 5 leading to moreefficient customer service while producing the same end product.Should there be anyobjections from the communitythatcannot be resolved, community members would have the opportunity to appeal the staff decision before Council. It is worth noting that the City of Cambridge and the Region of Waterloo already follow a similar process and highlight greater efficiency and overall customer satisfaction. All other provisions in the existing By-Law were reviewed and are recommended to remain in place. Council of the Regional Municipality of Waterloo has adopted theirconsolidated Uniform Traffic By-Law and that By-Law is now in effect. The recommended implementation date for the proposed City of Kitchener Uniform Traffic By-Law is January 2, 2020. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There is no cost associated with this report. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the city’s website with the agenda in advance of the council / committee meeting. CONSULT – The Region of Waterloo and various other agencies throughout the City of Kitchener have been consulted in regards to the consolidation of the Uniform Traffic By-Law. ACKNOWLEDGED BY: Justin Readman, General Manager of Development Services Development Services Division Attached: Appendix A – Uniform Traffic By-Law 2019-113 Appendix B – Schedule 27 Appendix C – Administrative Monetary Penalty System (AMPS) By-law Amendment 2019-123 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 6 2 BY-LAW NUMBER2019-113 OF THE CORPORATION OF THE CITY OF KITCHENER (A by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener.) The Council of the Corporation of the City of Kitchener ENACTS AS FOLLOWS:- PART I - SHORT TITLE This by-law may be cited as the City of Kitchener Traffic and Parking By-law. PART II - DEFINITIONS For the purposes of this by-law: Accessible parking space means a parking space designated under this By-law for the exclusiveuse of a vehicle displaying an accessible parking permit; Authorized Signmeans any traffic control device or traffic controlsignal placed or erected ona highway under the authority of this by-lawfor the purpose of regulating, warning or guiding traffic. Bicycleincludes a tricycle having a wheel or wheels of more than 50 centimetres in diameter. Bicycle Lanemeans a lane on a highway designated by authorized signs, the use of which is solely for bicycles. Boulevardmeans that part of a highway from the edge of the roadway to the nearest lateral property line, but does not include a shoulder, sidewalk, cycling lane or multi-use trail; Bus Stopmeans that portion of a highway designated by abus stopsign for the use of transit buses, as a space for loading and unloading passengers. By-Law Enforcement Officermeans any employee of the Municipalityappointed by Council to enforce or carry out the provisions of this by-law or any part or parts thereof. Construction Parking Areameans an areadesignated in accordance with Part III 2. b) of this bylaw. Construction Parking Permitmeans a permit issued by the General Manager, Development Services or designate for the purposes of permitting temporary construction related parking pursuant to Part III 2. b) of this bylaw. 5 - 7 3 Cornermeans the point of intersection of curb lines. Councilmeans the Municipal Council of the Corporation of the City of Kitchener. Cul-de-sac means a highway terminating in a turn-around. 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. Designated Provisionmeans any section of this By-law designated in accordance with Part XXI Section1(c); Director,Operationsmeans the Director,Operations - Roads and Trafficin Infrastructure Servicesof The Corporation of the City of Kitchener or his or her designate. Drivemeans to drive, move or operate a vehicle. Drivewaymeans that part of a highway that provides vehicular access to and from the roadway and an adjacent property. Heavy Truckmeans a vehicle or combination ofvehicles, having a weight when unloaded of 4.5 metric tonnes (4,500kilogramsor more, butdoes not include a passenger vehicle, anambulance, a transit bus on its assigned route or a vehicle of the Police or FireDepartments. Highway Traffic Actmeans the Highway Traffic Act, R.S.O. 1990, c. H.8 as amended and regulations made thereunder. Initial Parking would mean the time when a Bylaw Enforcement Officer enters the license plate information into his/her handheld device or records the license plate. Medianmeans that part of a highway that divides a roadway or separates two roadways within a highway, including any channelizing islandsand the central islands of any roundabouts. Motor Assisted Vehicle includes a motor-assisted bicycle, E-bike, power-assisted bicycle, segway, mini-bike,go-cart and any other motor-assisted transportation device that weighs not more than 55 kilograms and that does not have sufficient power to enable the transportation device to attain a speed greater than 50 kilometres per hour on level ground within adistance of 2 kilometres from a standing start, but does not include a wheelchair; Motorized Snow Vehicle meansa self-propelled vehicle designed to be driven primarilyon snow. Municipalitymeans the City of Kitchener. 5 - 8 4 Multi-Use Trailmeans that part of a highway with surface improved with asphalt, concrete or gravel for the use of pedestrians and non-motorized vehicles. One Way Streetmeans a highway upon which vehicular traffic is limited to movement in one direction. O. Reg. 333/07means Ontario Regulation 333/07, made under the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time or any successor thereof; Parking Administrative Penalty By-lawmeans By-law No. 2019-039 of the City, as amended from time to time, or any successor thereof; Parking Metermeans a device that shall indicate thereon the intervalof time during which a vehicle may be parked, and which shall have a receptacle for receiving payment, and which shall also indicate whensaid interval of time shall have elapsed. Parking Spacemeans that part of the roadway, the use of which is designated for the purpose of parking a vehicle. Pedestrianmeans any person afoot, any person in a wheelchair, any child in a wheeled carriage, and any person riding a non-motorized bicycle with wheels less than 50 centimetresin diameter. Police Officermeansan employee of the Waterloo Regional Police Service who is appointed as a peace officer pursuant to the Police Services Act. Reparkingmeans parking the same vehicle within 5 hours of initial parking within a ‘no reparkingarea’ designated by the Municipality. Reserved Lane means a lane within a highway reserved under this by-law exclusively for useby horse-drawn vehicles, buses or other specific classes or types of vehicles. Residential Visitor Parking Permitmeans a valid permit issued by the Municipalitythat allows the user thereof to park in designated Permit Only Parking areas. Roundaboutmeans a form of intersection which accommodates traffic flow in a circular direction around a central island. School Bus means a bus that, a)is painted chrome yellow, and b)displays on the front and rear thereof the words “school bus” and on the rear thereof the words “do not pass when signals flashing”. School Crossing means: a) any portion of a highway at or near an intersection described in Schedule ‘20’ of this by-lawdistinctly indicated for pedestrian crossing by lines or other 5 - 9 5 markings on the surface of the roadway;or b) any portion of a highway distinctly indicated for pedestrian crossing by school crossing signs and lines or other markings on the surface of the roadway. School Frontagemeans the areas of a highway abutting the property of a school. School Purpose Vehiclemeans a vehicle that a school board has contracted to transport one or more students, including but not limited to a school bus. School Zonemeans the areas of a highway abutting the property of a school, including 30 meters on both sides of a school crossing, providedthe school crossing is located on that same highway within 30 meters of the school property, as indicated by the posting of no stopping signs in conjunction with school zone tab signs. Sharedroadway– means a roadway where both cyclist and motorist share the same vehicular travel lane. Sharrow – means a marking consisting of two chevron symbols anda bicycle stencil on a shared roadway. Shouldermeans 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 motor vehicles. Sidewalkmeans 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. Snow Event means a period of time during which the Director,Operations - Roads and Traffic, or his or her delegate, declares that he or she anticipates a snow fall or accumulation which is likely to require extensive snow ploughing, snow clearing, or snow removal operations. A snow event shall end 24 hours later unless cancelled or extended by the Director,Operations - Roads and Trafficin accordance with the provisions of this by-law. Special Eventmeans an event designated as a special event for the period of time and within the geographic area identified in a by-law passed by Council. (Amended: By-Law 2015-039) Timemeans whenever certain hours are named herein, Standard Time or Daylight Saving Time, whichever shall be in general use in theMunicipality. Traffic Control Devicemeans a sign, marking or other device on a highway for the purpose of controlling, guiding or directing traffic. Traffic Control Signalmeans any device, manually, electrically or mechanically operated, for the regulation of traffic. Traffic Island meansa central island located within a cul-de-sac. 5 - 10 6 Unlicensed Vehiclemeans a motor vehicle that does not have a current validation sticker visibly affixed to its licence plate. Wheelchairmeansa chair mounted on wheels driven by muscular or any other kind of power and used for the carriage of a person who has a physical defect or disability. PART III - ENFORCEMENT AND AUTHORITY 1.Enforcement-Deleted (Amended: By-Law 2008-134) 2. Authority To Install Signs a)The Director, Transportation Servicesor designate is hereby authorized to place, erect and maintain or cause to be placed, erected and maintained such traffic control devices and traffic control signs that 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 Director,Transportation Servicesor designate, notwithstanding the other provisions of this By-law, is further authorized for the duration of the situation to place, erect or maintain such traffic control devices, including signs, and traffic control signals that are not authorized by this by-law but are required for safety, constructionand/oremergency 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, without prior approval of the Director,Transportation Servicesor designate. d)The Director,Transportation Services is authorized to issue Oversize Load Permits for use of a municipalroad by a vehicle or combination of vehicles in excess of the dimension and weight limits set out in the Highway Traffic Act. 3.Scope All provisions of this by-law are applicable to highways or parts of highways under the jurisdiction of the Municipality. PART IV - GENERAL 1. Operation of Vehicles a)Driving On a Boulevard, Sidewalk or Multi-Use Trail (i) No person shall drive a motor vehicleor a motor-assisted vehicle onany boulevard, sidewalk or multi-use trail except at a driveway. 5 - 11 7 (ii) No person shall ride a bicycle on anyboulevard orsidewalk except at adriveway. (iii) No person shall drive a motorized snow vehicle on any sidewalk or multi-use trailor on any boulevard beside a sidewalk or multi-use trail. (iv) Skateboarders, Scooter users and Rollerbladers using the sidewalk, multi-use trail, or boulevard must yield right-of-way to pedestrians.. b) Closed Highways No person shall drive or park a vehicle except an emergency vehicle or a vehicle authorized by the General Manager,Development Services Divisionor designate or by a Police Officer 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 with or walk on any newly painted line or series of lines on any roadway or shoulder when the presence of such is indicated by signs, 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 wouldreasonably lead to the belief that the vehicle can be cleared of 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. e)Roundabouts No person shall drive any vehicle or animal in a roundabout other than in acounter clockwisedirection. 2. Pedestrians and Cyclists a) Games or Sports Unless allowed under a permit granted by the Municipality, no person shall play or take part in any game or sport upon a highway, including the placement or storage of sports equipment upon ahighway. b)The Use of Transportation Devices Unless allowed under a permit granted by the Municipality, no person riding in or by means of any skateboard, coaster, toy vehicle or similar transportation device shall go upon a roadwayexcept 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 pedestrianpursuant to the 5 - 12 8 Highway Traffic Act. c) Parking a Bicycle (i) Unless otherwise permitted in thisBy-law, no person shall park a bicycle on any roadway or shoulder. (ii) No person shall park a bicycle on any highway except in an upright position. d) The Use of Sidewalks All pedestrians shall utilize sidewalks whenever they are provided adjacentto a roadway. e)The Use of Roller Skates Unless allowed under a permit granted by the Municipality, no person upon roller skates, roller bladesor similar footwear shall go upon a roadway 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. f) Obstructing a Sidewalk No person shall obstruct or impede pedestrians on a sidewalkor multi-use trailunless otherwise permitted by the Municipality. 3. Animals a)Riding ona Boulevard, Sidewalk or Multi-Use Trail No person shall ride, drive, lead or back any animal, except household pets, within, across or along any sidewalk, boulevard or multi-use trail except on a driveway. b)Attendance While In Motion No person shall drive an animal drawn vehicle on a highway unless he or she remainsupon the vehicle while it is in motion or walksbeside the animal drawing it. c) Parking No person shall leave a carriage, cart, wagon, sleigh or sled drawn by an animal on a highway without the animal drawing it. 4.Objects on Roadway Unless otherwise authorized, no person shall place or store any object or accumulation of material, including snow or ice, upon a roadway. PART V - PARKING AND STOPPING RESTRICTIONS 1.Permit Only Parking a)When authorized signs have been erected and are on display, no person shall park a vehicle in any Permit Only Parking Area listed in Schedule ‘7’ 5 - 13 9 to this by-law, unless the vehicle visibly displays a validResidential Visitor Parking Permit affixed to the inside rear view mirror or dashboard of the vehicle. b)Use of any Residential Visitor Parking Permit is subject to Part V, sections 3.a)(xiii) and 3.a)(xiv) of this By-law and such permit shall not in any way be construed to grant permission to park for longer than three (3) consecutive hours, park during the time period of 2:30 am to 6:00 am stst from December 1to March 31of each year, or violate any provision of this by-law. c)Occupants of single family dwellings located in the area set out in Schedule ‘8’to this by-law may apply for and will be entitled to two (2) Residential Visitor Parking Permits per household. d)Owner of apartment buildings: (i)located adjacent to any section of roadway or roadways set out in Schedule ‘8’ of this by-law, and (ii)demonstrating legal non-conforming use status to the satisfaction of the Corporation of the City of Kitchener that allows them to provide less parking than required by the City of Kitchener Zoning By-law 85-1 as amended; may apply for and will be entitled per property on which an apartment building or buildings is/are situated to a number of Residential Visitor Parking Permits equal to the difference between the number of on-site parking spaces at the apartment building and the amount of parking spaces that would be required by the City of Kitchener Zoning By-law 85-1 as amended if the building did not have the above-mentioned legal non- conforming use status. 2.Method of Parkingor Stopping 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 travelling with the right front and right rear wheels or runners not more than 0.15 meters 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 a vehicle except in the direction it was permitted to proceed parallel to and not to exceed a distance of 0.15 metres from the curb line. 5 - 14 10 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 boulevard parking is permitted, no person shall park a vehicle on the abutting roadway or any part thereof. 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. 3. Parking Prohibited a)General Unless otherwise permitted in this by-law, no person shall at any time park a vehicleonany highway: (i)On or overhanging the curbline; (ii)On or overhanginganyboulevard, sidewalk or multi-use trail; (iii)Within an intersection, including a roundabout; (iv)Within 3 metres of a point on the curb or edge of the roadway nearest any fire hydrant; (v)Within 15 metres of the nearestrail of a level railway crossing; (vi)Within 9 metres of an intersecting roadway; (vii)Reserved; (viii)In front of or within 1.5 metres of the entrance to a driveway or so as to prevent ingress to or egress from such driveway; (ix)Reserved; (x)In such a manner as to obstruct a crosswalk; (xi)In such a manner as to obstruct traffic; (xii)Reserved; (xiii)For a longer period of time than 3 consecutive hours unless displaying a valid Construction Parking Permit; (xiv)Between the hours of 2:30 a.m. and 6:00 a.m. on any day between stst December 1through to March 31of each year, both dates inclusive; (xv)For the purpose of repairing, washing or maintenance of a vehicle, save when such use of the highway is unavoidable through emergency; (xvi)For the purpose of soliciting, vending, buying or selling goods and/or services, loading or unloading, or otherwise conduct business of any kind, unless otherwise permitted by by-law; (xvii) within 30 metres on the approach or 15 metres on the departure side of a bus stop or light rail transit station or stop; (xviii)Within a reserved lane during the hours and days that the reserved lane is in effect; 5 - 15 11 (xix)If such vehicle is a transit bus, except at a bus stop or at a location where the transit bus is waiting for charter or emergency passengers; (xx)If such vehicle is a school bus, except within a school bus loading zone; (xxi)If such vehicle is a heavy truck; (xxii)If such vehicle is a trailer more than 10 metres in length; (xxiii)If such vehicle is an unlicensed vehicle; (xxiv)If such vehicle is leaking gasoline, engine oil or any other vehicle fluids; or (xxv)On, or in such a manner as to obstruct any designated bicycle lane, provided that this shall not prohibit a momentary stopping of transit buses at signs marking a bus stop, taxis while actively engaged in receiving or discharging passengers, or other motor vehicles while actively engaged in receiving or discharging passengers. b)Emergency Prohibition Of Parking Despite Parts V and VI of this by-law and anything in Schedules 1, 2, 3, 4, 5, 6, 7,8, and 9, when authorized signs are on display, no person shall park on any highway during any emergency. For this purpose, "emergency" includes, but is not limited to, a fire, flood or other natural disaster,snow loading or clearing, road repairs or maintenance work of a public utility and any circumstance in which Section 134 of the Highway Traffic Act applies. (Amended: By-Law 2008-170) c) Construction Parking Notwithstanding any other provisions of this bylaw, no person shall parka vehicle in a Construction Parking Area unless displaying a valid permit which is readily visible from the outside of the vehicle. d) Snow Event No person shall park a vehicle on any highwaywithin the Municipality during a Snow Event. (Amended: By-Law 2008-170) e) Public Notice of Snow Event The Director, Operations - Roads and Traffic, or his or her designate shall ensure that notice tothe public of a Snow Event or an extension thereof is given in at least two of the following means: (i)the issuance of a media advisory; (ii)posting notification on the City’s internet site; or (iii)any other means of giving notice that has a reasonable likelihood of coming to the attention of persons who are affected. (Amended: By-Law 2008-170) 4. No Parking a)Where signs establishing a "NO PARKING ZONE" have been erected, no person shall park a vehicle within such zone except when necessary to avoid conflict withother traffic or in compliance with a traffic control signal, sign, device, or the directions of a police officer. 5 - 16 12 b)Without limiting the generality of the provisions of Part V Section 4.a)to this bylaw, authorized signs may be erected prohibiting the parking of a vehicle on a highway in any of the following places: (i)On any of the highways or parts of highways named or described in Schedule '1'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; (ii)On any public lane; (iii)Adjacent to a traffic island; (iv)On any highway within 15 metres of the termination of a dead end highway; (v)In front of an emergency entrance to, or exit from a hospital, theatre, auditorium or other building in which persons may be expected to congregate in large numbers; (vi)Within 30 metres on either side of a point designated as a bus stop; (vii)On that side of any highway where the same abuts on the property of any public park, public playground or school; (viii)Within 15 metres on either side of an access to a "Community Trail"; (ix)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 onthe opposite side of the highway; (x)Within 15 metres of an intersection; (xi)Within 30 metres of an intersection controlled by traffic control signals. (xii)Within 15 metres on either side of a traffic calming measure or seasonal traffic calmingmeasure. 5. Limited Parking When authorized signs areon display, no person shall park a vehicle on any highway named or described in Schedule '2'to this by-law, except on the side or sides of highways set outtherein, during the times and/or days setouttherein, for the length of time set out therein, unless displaying a valid Construction Parking Permit. 6. Angle Parking When authorized signs are on display, no person shall park a vehicle on any of the highways or parts of highways named or described in Schedule '3'to this by- law, on the side or sides of highways set out in the said Schedule, except in accordance with Part V, Section 2. c) to this by-law. 7. Stopping Prohibited Unless otherwise permitted in this by-law, no person shall stop a vehicle on any highway: (i)Within a School Bus Loading Zone; (ii)On or adjacent to a median; (iii)On, under or within 30 metres of a bridge, elevated structure, 5 - 17 13 tunnel or underpass; (iv)Within aroundabout. 8. No Stopping a)Where signs establishing a "NO STOPPING ZONE" are on display, no person shall stop a vehicle within such zone other than a transit bus at a bus stop or a school purpose vehicle within a school busloading zone. b)Without limiting the generality of the provisions of Part V Section 8. a), authorized signs may be erected prohibiting the stopping of a vehicle on a highway in any of the following places: (i)On any of the highways or parts of highways named or described in Schedule '4'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; (ii)Within 30 metres of a designated school crossing; (iii)On that side of any highway where the same abuts on the property of any school except School Purpose Vehicleswhile actually engagedin loading or unloading passengers; (iv)Within 15 metres of a Pedestrian Crossover; (v)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. 9.Loading Zones Whensigns 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 '5'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. 10.Taxicab Stands When authorized signs 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 '6'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. 11. No Stopping in School Zones a) No person shall stop a vehicle within a school zone except when necessary to avoid conflict with other traffic or in compliance with a traffic control signal, sign, device or the directions of a police officerother than a transit bus at a bus stop or a school purpose vehicle within a school bus 5 - 18 14 loading zone. b)Without limiting the generality ofthe provisions of Part V Section 11. a)to this by-law, authorized school zone tab signs may be erected prohibiting the stopping of a vehicle: (i)On that side of any highway where the same abuts on the property of any school. (ii)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. (iii)Within 30 meters on both sides of a school crossing, provided the school crossing is located on the same highway within 30 meters of the school property. 12.Special Event Parking Notwithstanding anything else in this by-law, during a Special Event no person shall park or stop a vehicle on any highway: (a)On or overhanging any boulevard or sidewalk; (b)In front of or within 1.5 metres of the entrance to a driveway or so as to prevent ingress or egress from such driveway; (c)Within 3 metres of a point on the curb or edge of the roadway nearest any fire hydrant; (d)Where signs establishing “No Parking” have been erected; (e)Where signs establishing “No Stopping” have been erected; (f)Where signs establishing “Emergency – No Parking” have been erected; (g)Where signs establishing “School Bus Loading Zone” have been erected; (h)For a period of time that exceeds the time limit where signs establishing a time limit have been erected; or (i)For a longer period of time than 3 consecutive hours. (Amended: By-Law 2015-039) PART VI - ON-STREET PARKING METERSand PARKING PERMITS 1.Parking Meter Zones The highways, parts of highways and sides of highways named or described in Schedule '9' 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.Within a parking meter zone, no person shall: a.park a vehiclein a parking meter zone between the hours and during the days set out in Schedule '9',of this by-law except when such days are holidays, unless the person pays the required fee in the parking meter provided for the parking space occupied; b.allow a vehicle to remain parked in a parking space for a period longer 5 - 19 15 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 or meters from its previous use without depositing a coin therein. c. allow avehicle to remain in a parking space for a period longer than the maximum length of time for which continuous parking is permitted as indicated on the parking meter provided for the parking spaceand as set out in Schedule ‘9’ of this by-law. d.deposit or cause to be deposited in any parking meter any slug, device or other substitute for a coin of the Dominion of Canada or the United States of America. e.park a 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 thenecessary 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 permitted. 2.Funeral Services 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 otherwisein a manner approved by the Municipality indicating that parking, except for thoseattending such service, is temporarily prohibited in the parkingspaces so marked for aperiod of one hour in advance of the scheduled time of suchservice, and during suchservice, and any persons disobeying the instructions of saidsigns shall beconsideredas violating the provisions of this Part relating to parking. Itshall not be necessary forthe owner or driver of a vehicle parked in connection withsuch service in the parkingspaces so marked to deposit any coin during the aforesaidperiod. 3.Accessible Parking for Persons with Disabilities When an authorized sign is on display establishing “accessible parking”, no person shall park or stop a vehicle in an accessible parking space on any highway named or described in Schedule ‘27’ of this By-law, on the side or sides of the highway set out therein, other than a vehicle upon which is properly affixed a valid accessible parking permit that is issued and displayed in accordance with the Highway Traffic Act and is at the time being used to transport a disabled person. 4.Taxicab Stands a.The Municipality, on the application of a taxicab operator, may designate parking spaces in a parking meter zone within the Municipality as taxicab stands and may grant to such operator a license to park taxicabs operated 5 - 20 16 bythat person in such stands. b.No such taxicab stand shall be greater in length than 16 metres and the yearly license fee thereforeshall be $5.00 per 30 centimetres of curb space. c. No person shall park any taxicab in a metered parking space, whether the prescribed fee for the use thereof is paid or not, for the purpose of soliciting business. 5. Collection of Fees The collection of fees deposited in parking meters within the Municipalityshall be under the control and jurisdiction of the Municipality. PART VII - TRAFFIC CONTROL SIGNALS The installation of traffic control signals is hereby authorized at the locations set out in Schedule '10' to this by-law. PART VIII - PEDESTRIAN CROSSOVERS 1.Level 1 Pedestrian Crossovers When an authorized sign establishing “Level 1 pedestrian crossover” is on display on any highway named or described in schedule 11of this By-law, any location set out therein is designated as a Level 1 pedestrian crossover. 2.Level 2 Pedestrian Crossovers When an authorized sign establishing “Level 2 pedestrian crossover” is on display on any highway named or described in schedule 11of this By-law, any location set out therein is designated as a Level 2 pedestrian crossover. Any approach/exit of a roundabout is a Level II Pedestrian Crossover when an authorized sign is on display. PART IX - THROUGH HIGHWAYS The highways or parts of highways named or described in Schedule '12' to this by-law are designated as "Through Highways" except at intersections thereon where traffic control signals, an all-way stop control, or a roundabout 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 X - INTERSECTION STOP SIGNS 5 - 21 17 Stop signs shall be erected at the intersections named or described in Schedule '13' to this by-law, facing the traffic travelling in the direction specified in the said Schedule. PART XI - INTERSECTION YIELD SIGNS 1.Yield signs shall be erected at the intersections named or described in Schedule '14' to this by-law, facing the traffic travelling in the direction specified in the said Schedule. 2.Yield signs shall be erected on each approach to the roundabouts named or described in Schedule ‘26’ to this By-law. PART XII - VEHICLE MOVEMENTS 1. U-Turns When authorized signs 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 '15' to this by-law. 2. Prohibited Movement(s) When authorized signs are on display, no person operating a vehicle on any of the highways or parts of highways named or described in Schedule '16' 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 are on display, a person operating a vehicle on any of the highways or parts of highways named or described in Schedule '17' to this by-law,proceeding in the direction set out, at the location set out, shall make the movement(s)set out in the said Schedule. PART XIII - ONE WAY STREETS When authorized signs are on display, the highways or parts of highways named or described in Schedule '18' to this by-law are designated as one way highways in the direction of travel stated in the said Schedule. PART XIV - RATES OF SPEED (km/h) 1.General When authorized signs are on display, the maximum permissible rate of speed on anyof the highways or parts of highways named or described in Schedule '19' to this by-lawshall be that rate of speed set out in the said Schedule. 2.School Frontages Along all school frontages, the maximum rate of speed is 40 km/h when signs are on display. 5 - 22 18 3.Shared Roadways On any sharedroadwayas defined in ‘Schedule 25’, whensharrows are on displayfor a minimum of 75 metres, the maximum rate of speed is 40 km/h. PART XV- CENTRE LANE: TWO WAY LEFT TURNS When authorized signs are on display, no person shall operate a vehicle on any of the highways or parts of highways named or described in Schedule '21' to this by-law, except for the purpose of turning left. PART XVI - LIMITED GROSS WEIGHT 1.Highways Pursuant to Section 122 of the Highway Traffic Act, when authorized signs are on display, no person shall drive a vehicle in excess of 5 tonnes per axle on those highways or parts of highways at any time. 2.Bridges When authorized signs are on display, no person shall drive, move or operate, at anytime, a vehicle or combination of vehicles on, over orupon a bridge or any part of abridge described or named in Schedule ‘22’ of this by-lawif the gross weight is greaterthan the weight in tonnes posted and as set out in that Schedule. 3. Oversize Loads No person shall drive on a highway a vehicle or combination of vehicles that is in excess of the dimensions and weight set out in the Highway Traffic Act without first having obtained an Oversize Load Permitfrom the Director,Transportation Services. PART XVII - HEAVY TRUCK PROHIBITIONS 1. Highways When authorized signs are on display, no person shall drive, move, or operate a heavy truck on any highway except those highways or parts of highways named or described in Schedule '23' to this by-law, during the times and/or days set out in the said Schedule. 2.Exception Shall not apply to the driver of a heavy truck making a delivery to, or a collection from a premise or premises that cannot be reached by any route other than the highway where heavy trucks are prohibited within this By-law, provided that when making such a delivery or collection the same highway is travelled only as far as is unavoidable in getting to and from such premise or premises. 5 - 23 19 PART XVIII - SCHOOL BUS LOADING ZONES When authorized signsare on display, the driver of a school purpose vehiclemust stop on those highways or parts of highways named or described in Schedule '24' to this by- law on the side or sides of highways set out in the said Schedule. PART XIX– BICYCLE LANES When authorized signs are on display, the highways or parts of highways named or described in Schedule ‘25’to this bylaw are designated as Bicycle Lanes as set out in the said schedule. PART XX – ROUNDABOUTS No person shall drive, move or operate any vehicle or animal other than in a counter- clockwise direction on any roundabout named or described in Schedule ‘26’ to this By- law. PART XXI – PENALTIES 1.(a)Any person who contravenes any of the provisions of this By-law, except a Designated Provision, is guilty of an offence and upon conviction is liable to a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, c P. 33, as amended from time to time, or any successor thereof. (b)Part XXI, Section 1(a) of this By-law shall be in addition to, and shall not limit the application of, the Highway Traffic Act. (c)The Sections of this By-law that are listed in Schedule 27to this By-law are hereby designated for the purposes of Section 3 of O. Reg. 333/07 as parts of this By-law to which the Parking Administrative Penalty By-law applies. (d)If a vehicle has been left parked, standing or stopped in contravention of a Designated Provision, the owner of the vehicle shall, upon issuance of a penalty notice in accordance with the Parking Administrative Penalty By- law, be liable to pay an administrative penalty and any administrative fees, in accordance with the Parking Administrative Penalty By-law. (e)The Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time to time, or any successor thereof, does not apply to a contravention of a Designated Provision of this By-law. (f)Except as set out in Part XXI, Sections 1(a) and 1(e) of this By-law, all provisionsof this By-law and of any other applicable legislation shall continue to apply to the Designated Provisions, in addition to the Parking Administrative Penalty By-law. 5 - 24 20 2. Exemptions a.Part IV (Section 1 only), Part V, Part VI, Part XVI, and Part XVII (Section 1 only)shallnot, if compliance therewith would be impractical, apply tothe operator of anemergencyvehicle which includes but is not limited to an ambulance, police or fire department vehicle, or any vehicle owned or operated by the Waterloo Regional Police Service whether or not licencedor permitted to be in the roadway, including but not limited to golf carts, snowmobiles, remote controlled robots and/or off-road vehicles, or public emergency vehicle engaged in their duties, or any vehicles engaged inworksundertaken for or on behalf of the Municipality, the Regional Municipality ofWaterloo orpublic utilities. (Amended: By Law # 2008-134) b.A police officer, Municipal Law Enforcement Officer or By-Law Enforcement Officer actively engaged in enforcing the provisions of this or other municipal by-laws, or laws is exempt from such provisions of this by-law as reasonably necessary for the performance of such enforcement. (Amended: By Law # 2008-134) 3. Authority To Tow Vehicles a)In addition to any other penalties provided for in this by-law, a member of the Waterloo Regional Police Service or a By-law Enforcement Officer may, where a vehicle is parked or stopped in contravention of any portion of Parts IV, Vor VI of thisby-law, cause it to be moved or taken to and place or stored in a suitable place. (Amended: By-Law # 2008-170) b)All costs and charges incurred for removing, caring for and storing a vehicle pursuant to subsection a) of this section, shall be a lien upon the vehicle, which lien may be enforced in the manner provided for the Repair and Storage Liens Act, R.S.O. 1990, Chapter R. 25, as amended. PART XXII - HIGHWAY TRAFFIC ACT The provisions of this by-law shall be subject to the provisions of the Highway Traffic Act, R.S.O.1990, c.H.8 and any amendments thereto. The definitions contained within the Highway Traffic Act shall apply in the interpretation of this by-law except where inconsistent or defined herein, in which case the definition under this by-law shall apply. PART XXIII – 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 invalid. 5 - 25 21 PART XXIV - EFFECTIVE DATE 1.This by-law will come into force and take effect at12:01 a.m. on January 2, 2020. 2.By-law Number 2007-138of the City of Kitchener, as amended, is hereby repealed as of January 2, 2020 at 12:00 a.m. 3.Notwithstanding Part XXIV, Section 2 of this Bylaw, By-law Number 2007-138 of the City of Kitchener, as amended, shall continue to apply to proceedings in respect of offences that occurred before its repeal. th PASSED in the Council Chambers in the City of Kitchener this 4Day of November A.D. 2019. Mayor Clerk 5 - 26 Schedule 27 to By-law Number 2019-113 DESIGNATED PROVISIONS FOR ADMINISTRATIVE PENALTIES COLUMN 1COLUMN 2 ITEMDESIGNATED PROVISION 1Part V 1(a) 2Part V 2(a) 3Part V 2(a) 4Part V 2(b) 5Part V 2(b) 6Part V 2(b) 7Part V 2(d) 8Part V 2(e) 9Part V 3(a)(i) 10Part V 3(a)(ii) 11Part V 3(a)(ii) 12Part V 3(a)(iii) 13Part V 3(a)(iii) 14Part V 3(a)(iii) 15Part V 3(a)(iv) 16Part V 3(a)(v) 17Part V 3(a)(vi) 18Part V 3(a)(viii) 19Part V 3(a)(viii) 20Part V 3(a)(x) 21Part V 3(a)(xi) 22Part V 3(a)(xiii) 23Part V 3(a)(xiv) 24Part V 3(a)(xv) 25Part V 3(a)(xv) 26Part V 3(a)(xv) 27Part V 3(a)(xvi) 28Part V 3(a)(xvi) 29Part V 3(a)(xvi) 30Part V 3(a)(xvi) 31Part V 3(a)(xvi) 32Part V 3(a)(xvii) 33Part V3(a)(xvii) 34Part V 3(a)(xxv) 35Part V 3(a)(xviii) 36Part V 3(b) 37Part V 3(a)(xix) 38Part V 3(a)(xx) 5 - 27 2 39Part V 3(a)(xxii) 40Part V 3(a)(xxi) 41Part V 3 (a)(xxiii) 42Part V 3(a)(xxiv) 43Part V 3(c) 44Part V 4(a) 45Part V 5 46Part V 6 47Part V 6 48Part V 7(i) 49Part V 7(ii) 50Part V 7(ii) 51Part V 7(iii) 52Part V 7(iii) 53Part V 7(iii) 54Part V 7(iv) 55Part V 8(a) 56Part V 9 57Part V 10 58Part V 11(a) 59Part V 12(a) 60Part V 12(a) 61Part V 12(b) 62Part V 12(c) 63Part V 12(d) 64Part V 12(e) 65Part V 12(f) 66Part V 12(g) 67Part V 12(h) 68Part VI 1(b) 69Part VI (1) (a) (c) (e) 70Part VI (1)(c) 71Part VI 1(e) 72Part VI 4(c) 73Part V 3(d) 74Part VI 3 75Part VI 3 5 - 28 Appendix C BY-LAW NUMBER2019-123 OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law toamend the parking administrative penalty by-law) WHEREASthe Council of The Corporation of the City of Kitchener enacted By-law Number 2019- 039onApril15, 2019(the “Parking Administrative Penalty By-law”); AND WHEREASthe sections of Traffic & Parking By-law Number 2007-138containing parking infractions were designated as sections to which the Parking Administrative Penalty By-law applies, and for which short form wording and administrative penalties were identified in Schedule “A” to the Parking Administrative Penalty By-law; AND WHEREAS the City has repealed Traffic & Parking By-law Number 2007-138and replaced it with Traffic & Parking By-law Number 2019-113,January 2, 2020; AND WHEREASthe City desires that the sectionsof Traffic & Parking By-law Number 2019-113 containing parking infractions be designated as sections to which the Parking Administrative Penalty By-law applies, and that the short form wording and administrative penalties for such infractions be identified in Schedule “A” to the Parking Administrative Penalty By-law; NOW THEREFOREthe Council of The Corporation of the City of Kitchenerenacts as follows: 1.By-law Number 2019-039is hereby amended by repealing Schedule “A” and replacing it with the new Schedule “A”, attached hereto as Schedule “1”. 2.All other provisions of By-law Number 2019-039 remain unchanged. 3.This By-law shall come into force and effect on January 2, 2020. PASSED at the Council Chambers in the City of Kitchenerthis day ofOctober, A.D.2019. _____________________________________ Mayor _____________________________________ Clerk 5 - 29 2 SCHEDULE “1” To By-law Number 2019-123 Being new Schedule “A” To By-law Number 2019-039 DESIGNATED BY-LAWS, SHORT FORM WORDINGSAND ADMINISTRATIVE PENALTIES 1. The provisions of each by-law listed in Column 2of the following tablesare Designated By-laws. 2.Column 3 in the following tablessets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisionslisted in Column 2. 3.Column 4 in the following tablessets out the Administrative Penalty amount that is payable for a contravention of the designated provision listed in Column 2for the matter(s) identified in Column 3. CITY OF KITCHENER TRAFFIC & PARKING BY-LAW NUMBER 2019-113,AS AMENDED FROM TIME TO TIME OR ANY SUCCESSOR THEREOF COLUMN 1COLUMN 2COLUMN 3COLUMN 4 ITEMDESIGNATED SHORT FORM WORDING ADMINISTRATIVE PROVISIONPENALTY AMOUNT 1Part V 1(a)Parked in Permit Only Parking $25.00 Area Without Permit 2Part V 2(a)Parked More Than 0.15 Metres $25.00 From Curb 3Part V 2(a)Parked Facing Wrong Direction$25.00 4Part V 2(b)Parked Facing Wrong Direction $25.00 On One Way Street 5Part V 2(b)Parked More Than 0.15 Metres $25.00 From Curb On One Way Street 6Part V 2(b)Failed To Park Parallel To Curb $25.00 On One Way Street 7Part V 2(d)Parked On The Abutting $25.00 Roadway 8Part V 2(e)Parked In More Than One $25.00 Space 9Part V 3(a)(i)Parked (On/over) A Curb$25.00 10Part V 3(a)(ii)Parked (On/Over) Sidewalk$25.00 11Part V 3(a)(ii)Parked On Boulevard$25.00 12Part V 3(a)(iii)Parked In Intersection$25.00 13Part V 3(a)(iii)Parked on/over multi-use trail $25.00 5 - 30 3 14Part V 3(a)(iii)Parked Within A Roundabout$25.00 15Part V 3(a)(iv)Parked Within 3 Metres Of A $25.00 Fire Hydrant 16Part V 3(a)(v)Parked Within 15 Metres Of A $25.00 Railway Crossing 17Part V 3(a)(vi)Parked Within 9 Metres Of An $25.00 Intersection 18Part V 3(a)(viii)Parked Within 1.5 Metres Of A $25.00 Driveway 19Part V 3(a)(viii)Parked Preventing (Ingress $25.00 to/Egress From) Driveway 20Part V 3(a)(x)Parked Obstructing A $25.00 Crosswalk 21Part V 3(a)(xi)Parked Obstructing Traffic$25.00 22Part V 3(a)(xiii)Parked Longer Than 3 $20.00 Consecutive Hours 23Part V 3(a)(xiv)Parked On Highway Between $30.00 2:30 a.m. And 6:00 a.m. 24Part V 3(a)(xv)Parked For Repairing Vehicle$25.00 25Part V 3(a)(xv)Parked For Washing Vehicle$25.00 26Part V 3(a)(xv)Parked For Maintaining Vehicle$25.00 27Part V 3(a)(xvi)Parked For Soliciting $25.00 (Goods/Services) 28Part V 3(a)(xvi)Parked For Buying $25.00 (Goods/Services) 29Part V 3(a)(xvi)Parked For Selling $25.00 (Goods/Services) 30Part V 3(a)(xvi)Parked For Loading/Unloading$25.00 31Part V 3(a)(xvi)Parked To Conduct Business$25.00 32Part V 3(a)(xvii)Parked Within 15 Metres ofBus $25.00 Stop 33Part V 3(a)(xvii)Parked Within 15 Metres of $40.00 Light Rail Transit Stop 34Part V 3(a)(xxv)Parked In A Bicycle Lane$25.00 35Part V 3(a)(xviii)Parked In A Reserved Lane$25.00 36Part V 3(b)Parked On The Highway During $25.00 An Emergency 37Part V 3(a)(xix)Parked Transit Bus On $25.00 Highway 38Part V 3(a)(xx)Parked School Bus On a $25.00 Highway 39Part V 3(a)(xxii)Parked A Trailer More Than 10 $25.00 Metres In Length 40Part V 3(a)(xxi)Parked Heavy Truck On $45.00 Highway 41Part V 3 (a)(xxiii)Parked Vehicle Which is $25.00 Unlicensed 42Part V 3(a)(xxiv)Parked Vehicle Which is $25.00 Leaking Fluids 5 - 31 4 43Part V 3(c)Parked In A Construction $25.00 Parking Area Without Permit 44Part V 4(a)Parked In Prohibited Area$25.00 45Part V 5Parked Over Time Limit$20.00 46Part V 6Parked Backed In At Angle$25.00 47Part V 6Parked At Wrong Angle$25.00 48Part V 7(i)Stopped In School Bus Loading $45.00 Zone 49Part V 7(ii)Stopped OnMedian$45.00 50Part V 7(ii)Stopped Adjacent To Median$45.00 51Part V 7(iii)Stopped Within 30 Metres Of $45.00 Bridge 52Part V 7(iii)Stopped Within 30 metres Of $45.00 Tunnel 53Part V 7(iii)Stopped Within 30 Metres Of $45.00 Underpass 54Part V 7(iv)Stopped Within A Roundabout$45.00 55Part V 8(a)Stopped In No Stopping Zone$45.00 56Part V 9Stopped In Loading Zone$45.00 57Part V 10Stopped In Taxicab Stand$45.00 58Part V 11(a)Stopped In A School Zone$80.00 59Part V 12(a)Parked (On/Over) Sidewalk $50.00 During a Special Event 60Part V 12(a)Parked On Boulevard During a $50.00 Special Event 61Part V 12(b)Parked Within 1.5 Metres Of A $50.00 Driveway During a Special Event 62Part V 12(c)Parked Within 3 Metres Of A $50.00 Fire Hydrant During a Special Event 63Part V 12(d)Parked In Prohibited Area $50.00 During a Special Event 64Part V 12(e)Stopped In No Stopping Zone $90.00 During a Special Event 65Part V 12(f)Parked On The Highway During $50.00 An Emergency Duringa Special Event 66Part V 12(g)Parked Over Time Limit During $40.00 a Special Event 67Part V 12(h)Parked Longer Than 3 $40.00 Consecutive Hours During a Special Event 68Part VI 1(b)Parked At Expired Meter$20.00 69Part VI (1) (a)(c)(e)Park in Parking Meter Zone –$25.00 fail to pay required fee 70Part VI (1)(c)Park in Parking Meter Zone -$25.00 longer than maximum permitted time 5 - 32 5 71Part VI 1(e)Parked Not Wholly In Parking $25.00 Space 72Part VI 4(c)Parked Taxicab In A Metered $25.00 Space 73Part V 3(d)Parked on a Highway During a $80.00 Snow Event 74Part VI 3Parked in accessible space $300.00 without permit 75Part VI 3Stopped in accessible space $300.00 without permit BY-LAW NUMBER 88-169, BEING A BY-LAW TO REGULATE THE PARKING OR LEAVING OF VEHICLES ON MUNICIPAL PARKING FACILITIES COLUMN 1COLUMN 2COLUMN 3COLUMN 4 ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE PROVISIONPENALTY AMOUNT 13(b)parked not whollyin parking $25.00 space 23(c)parkedin other thanparking $25.00 space 33(d)parked vehicle longer than 6.1 $25.00 metres 43(d)parked vehicle wider than 2.3 $25.00 metres 53(i)parked buying (goods)(services)$25.00 63(i)parked selling (goods)(services)$25.00 73(i)parked displaying $25.00 (goods)(services) 83(i)parked displaying vehicle for $25.00 sale 93(i)parked washing vehicle$25.00 103(i)parked maintaining vehicle$25.00 113(i)parked repairing vehicle$25.00 125(a)parked at expired meter$20.00 CITY OF KITCHENERPRIVATE PROPERTY BY-LAW NUMBER 2010-190 COLUMN 1COLUMN 2COLUMN 3COLUMN 4 ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE PROVISIONPENALTY AMOUNT 5 - 33 6 1Section 3parkedon private property $25.00 2Section 4parked on private property-$25.00 municipal 3Section 5parked in an unauthorized $80.00 area BY-LAW NO. 88-171, AS AMENDED, BEING A BY-LAW TO DESIGNATE PRIVATE ROADWAYS AS FIRE ROUTES, AND TO PROHIBIT PARKINGTHEREON COLUMN 1COLUMN 2COLUMN 3COLUMN 4 ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE PROVISIONPENALTY AMOUNT 1Section 6parked onfire route$75.00 BY-LAW NUMBER 2008-117, BEING A BY-LAW TO AUTHORIZE CERTAIN ON-STREET AND OFF-STREET PARKING OF VEHICLES FOR USE BY PERSONS WITH A DISABILITY, AND THE ISSUING OF PERMITS IN RESPECT THEREOF COLUMN 1COLUMN 2COLUMN 3COLUMN 4 ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE PROVISIONPENALTY AMOUNT 1Section 6(park)(stop)in space$300.00 designated for disabled person 5 - 34