Accessible Parking By-law 2019-22

1. In this By-law,

a) “Access Aisle” means an accessible pedestrian space for an Accessible Parking Space, that conforms to the requirements and regulations made under the AODA;

b) “Accessible Parking Permit” or “permit” means:

    i. A current and valid parking permit for a Person with a Disability as issued by the Ministry of Transportation
     under the provisions of the Highway Traffic Act; or

    ii. A current and valid permit, number plate or other marker or device bearing the international symbol of
     access for people with disabilities which has been issued by a legally recognized jurisdiction outside
     Ontario.

c) “Accessible Parking Space” means a Parking Space designated by Authorized Parking Signs for the exclusive use of a vehicle displaying an Accessible Parking Permit in accordance with the requirements of the Highway Traffic Act and this By-law.

d) “Authorized Emergency Vehicle” means a Vehicle as defined in subsection 144(1) of the Highway Traffic Act;

e) “Authorized Parking Sign” means any sign, Pavement markings or other device Which has been placed, installed or erected on a Highway, Private Property or Municipal Property by the Town or by another party acting under the direction or authority of the Town, to designate, regulate and/or enforce the provisions of this By-law and the Town’s Traffic By-law, as amended;

f) “By-law” means this by-law to regulate Accessible Parking in the Town of Bradford West Gwillimbury;

g) “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

h) “Municipal Property” means real property owned by the Town other than Highways and includes recreation centres, arenas, park lots, fire stations, transit terminals, work yards and maintenance yards;

i) “Officer” means a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this By-law and the Highway Traffic Act;

j) “Park” or “Parking” 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;

k) “Parking Space” means a portion of a Highway, Municipal Property or Private Property that is designated for the Parking of a vehicle by Authorized Parking Signs;

l) “Pavement markings” means the markings on the pavement within a Type A Parking Space or Type B Parking Space, containing the International Symbol of Access which includes a 1,525 mm x 1,525 mm (5 ft. x 5 ft.) white border and symbol with a blue background field colour;

m) “Person with a Disability” means any person who has been deemed to be disabled by a designated medical authority and who possesses a valid Accessible Parking Permit;

n) “Planning Act” means the Planning Act, R.S.O. 1990, c. P.13, as amended;

o) “Private Property” means real property owned by persons, other than property owned by the Town and includes real property owned by individuals, local boards, corporations and public authorities;

p) “Provincial Offences Act” means the Provincial Offences Act, R.S.O. 1990, c. P-33, as amended;

q) “Public Parking Area” means any open area or portion of a structure other than a Highway, intended for the temporary parking of vehicles and on which there are Accessible Parking Spaces, whether their use involves the payment of a fee or otherwise;

r) “Redevelopment” or “Redevelop” means any construction or alteration to any property that requires the owner or occupant to enter into or amend any site plan agreement under the Planning Act.

s) “Repair and Storage Liens Act” means the Repair and Storage Liens Act, R.S.O. 1990, c. R.25, as amended;

t) “Stop” or “Stopping” means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a Police Officer, or of a traffic control sign or signal;

u) “Town” means The Corporation of the Town of Bradford West Gwillimbury;

v) “Type A Parking Space” means an Accessible Parking Space for those who use mobility devices and need more space for the deployment of ramps, and has signage that identifies the space as “van accessible”;

w) “Type B Parking Space” means an Accessible Parking Space for those who may need the use of canes, crutches or walkers and do not need the extra space of a Type A Parking Space; and

x) “Vehicle” means any “vehicle” as defined by the Highway Traffic Act.

2. Where words and phrases used in this By-law are defined in the Highway Traffic Act, but not defined in this By-law, the definitions in the Highway Traffic Act shall apply to such words and phrases.

3. Words importing the singular number shall include the plural, and words importing the masculine gender shall include the feminine, and the converse of the foregoing also applies, unless the context of this By-law otherwise requires.

4. If a court of competent jurisdiction declares any provisions or part of a provision of this By-law to be invalid or to be of no force and effect, it is the intention of Council in enacting this By-law that the remainder of this By-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law.

5. Every owner or operator of a Public Parking Area shall provide Accessible Parking Spaces in conformity with the provisions of this By-law for the use of vehicles with permits.

6. The minimum number of Accessible Parking Spaces which must be provided shall be calculated in accordance with the table found in Schedule “A” to this By-law and in accordance with the provisions of the IASR. In the event of conflict between this By-law and the IASR provisions requiring more Accessible Parking Spaces shall be required.

7. Every owner or operator of a Public Parking Area may voluntarily provide a number of Accessible Parking Spaces above and beyond the requirements of this By-law.

8. Each and every Accessible Parking Space shall:

     a) have an unobstructed rectangular area with a minimum width of no less than 3,400 mm (11 ft. 2 in.)

     for a single Type A Parking Space;

     (b) have an unobstructed rectangular area with a minimum width of no less than 2,400 mm (7 ft. 10-1/2
     in.) for a single Type B Parking Space;

     (c) be no less than 5,200 mm (17 ft) long;

     (d) incorporate Pavement markings in accordance with Schedule “B”;

     (e) include an Access Aisle, where required by the IASR;

     (f) be constructed and maintained of a stable surface such as asphalt, concrete, pervious materials or
     other hard-surfaced material;

     (g) be drained so as to control the pooling of surface water and prevent the flow of surface water to
     adjacent lands;

     (h) be located so as to be readily accessible, whether via ramps, depressed curbs or other appropriate
     means and where the Public Parking Area is intended to serve a particular building or complex, located in
     the parking spaces closest to the entrance of said building or complex;

     (i) be placed to allow 1.5 m around the Accessible Parking Space in terms of other vehicles or obstacles
     such as light standards or waste receptacles;

     (j) have a minimum vertical clearance of 2.75 m; and

     (k) be distinctly identified by an Authorized Parking Sign that conforms with this By-law.

9. Every owner or operator of a Public Parking Area shall ensure that each and every Accessible Parking Space in their Public Parking Area is kept free and clear from obstructions, and kept free and clear of snow, ice or other material which could render the parking space unusable.

10. Accessible Parking Signs referred to in this By-law shall comply with regulations made under the Highway Traffic Act and the AODA and in the form and with the content as illustrated in Schedule “B” and “C” to this By-law.

11. Accessible Parking Signs shall be mounted on a level wall surface or mounted on a permanent post, pillar, or other suitable surface, conforming to the requirements or regulations made under the Highway Traffic Act and the AODA, and be located:

     (a) At a height of 1,200 mm (47 in.) from the ground/floor surface to the bottom edge of the sign;

     (b) If mounted on a post, the post shall be colour contrasted with the background environment;

     (c) For perpendicular parking, centred on the Accessible Parking Space; and

     (d) For parallel parking, located toward the end of the Accessible Parking Space, on the opposite side from
     the Access Aisle.

12. Each and every Type A Parking Space shall have two 150 mm x 300 mm (6 inch x 11 3/4 inch) signs, on the same sign post/wall mount and located immediately below the sign, with the words “Van Accessible” followed underneath with “Maximum Fine $5,000.00”, as illustrated in Schedule “C” to this By-law.

13. Each and every Type B Parking Space shall have a 150 mm x 300 mm (6 inch x 11 3/4 inch) sign, on the same sign post/wall mount and located immediately below the sign, with the words “Maximum Fine $5,000.00”, as illustrated in Schedule “C” to this By-law.

14. Every owner or operator of each Public Parking Area in which Accessible Parking Signs are required pursuant to this By-law, shall be responsible for the procurement, installation and maintenance of said Accessible Parking Signs and for ensuring that said Accessible Parking Signs comply with this By-law and the IASR.

17. The provisions of this By-law shall not apply to Authorized Emergency Vehicles.

16. Paragraph 8(e) of this By-law does not apply to an owner or operator of a Public Parking Area, where the Public Parking Area was constructed before January 1, 2017.

17. Paragraphs 8(a) and 8(b) of this By-law do not apply to an owner or operator of a Public Parking Area, where the Public Parking Area was constructed before July 24, 1995.

18. Any Public Parking Area that is Redeveloped shall comply with the requirements of the IASR.

19. No person shall Park, Stop or leave a vehicle in an Accessible Parking Space unless:

     (a) a valid Accessible Parking Permit is properly displayed upon the vehicle and the permit number and
     expiry date are clearly visible; and

     (b) the Accessible Parking Space is vacant of any other vehicle; and

     (c) the vehicle is positioned fully within the Accessible Parking Space; and

     (d) the vehicle does not encroach upon an Access Aisle, if any.

20. No person shall stop a vehicle in a manner that obstructs an Accessible Parking Space, Access Aisle, or accessible path of travel.

21. No owner or operator of a Public Parking Area shall fail to provide the required number of Accessible Parking Spaces pursuant to this By-law.

22. No owner or operator of a Public Parking Area shall fail to provide an Accessible Parking Space that meets the requirements of this By-law.

23. No owner or operator of a Public Parking Area shall fail to maintain an Accessible Parking Space pursuant to this By-law.

24. No owner or operator of a Public Parking Area shall fail to provide Accessible Parking Signs pursuant to the requirements under this By-law.

25. No fee shall be charged for the use of an Accessible Parking Space in excess of that fee charged to other members of the general public for the abutting non-accessible parking spaces.

26. Every person who contravenes any provision of this By-law, including an order issued under this By-law, is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.

27. Any person who contravenes section 19 or 20 of this By-law is guilty of an offence and upon conviction is liable to a fine of not less than $300.00 and any other penalties, as provided for in the Provincial Offences Act, and the Municipal Act, 2001, as applicable, and any such successor to each of those statutes.

28. An Officer upon discovery of any vehicle parked or standing in contravention of this By-law may cause it to be moved or taken to and placed or stored in a suitable place, at the owner’s expense, 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.

29. Where a Parking Infraction Notice is issued in respect of an offence committed under this By-law, the Town may, within seven (7) calendar days of the date indicated on the Parking Infraction Notice, accept a lesser fine payment than the Set Fine amount, which payment shall be deemed to be an Early Payment of the penalty in full satisfaction of the offence, and a receipt therefore shall be given to the person making payment.

30. If payment is not voluntarily made within fifteen (15) calendar days of the date indicated on the Parking Infraction Notice, the procedures as set out in Part II of the Provincial Offences Act and the penalties provided in this By-law shall apply.

31. If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may issue an order requiring the work be done to correct the contravention.

32. The Town may, at any reasonable time, enter on land for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

     (a) The provisions of this By-law;

     (b) An order issued under this by-law; or

     (c) An order made under section 431 of the Municipal Act, 2001.

33. No person shall fail to comply with an order issued pursuant to this By-law.

34. An order issued under the authority of this By-law shall set out:

     (a) The location where the contravention occurred;

     (b) The date of the contravention;

     (c) The reasonable particulars of the contravention of this By-law;

     (d) The date by which there must be compliance with the order;

     (e) The date on which the order expires; and

     (f) Notice that if the work is not done in compliance with the order by the compliance date, the municipality
     may have the work done at the expense of the person, operator or owner and the costs of the work may be
     recovered by adding the amount to the tax roll of the property.

35. If the work required by an order under the provisions of this By-law is not done within the specified period, the Town, in addition to any other remedies it may have, may do the work at the expense of the person, operator or owner and may enter upon the land at any reasonable time for this purpose.

36. An order from the Town may be:

     (a) Served personally upon the person, operator or owner;

     (b) Posted on site where the contravention has taken place; or

     (c) Mailed by registered mail to the last known address of the person, operator or owner according to the
     current assessment rolls.

37. If served by registered mail, an order shall be deemed to have been served on the fifth day after mailing.

38. Where the Town, its employees or authorized agents have performed the work required for compliance with this By-law, all expenses incurred by the Town in doing the work, as well as any related fees, shall be deemed to be a debt to the Town and may be collected by action or the costs may be added to the tax roll for the property and collected in the same manner as taxes.

39. The municipal service fees for the administration and enforcement of this By-law shall be in accordance with the fees established in the Town’s Fees & Charges By-law, as amended, and may be charged when a contravention has been confirmed by an Officer.

40. All Schedules attached to this By-law form part of this By-law.

41. This By-law may be known as the “Accessible Parking Bylaw”.

42. By-law 95-034 is hereby repealed as of the effective date of this By-law.

43. This By-law shall come into effect upon receipt of set fine approval from the Ministry of Attorney General.

Enacted this 5th day of March, 2019.

Original signed by Rebecca Murphy, Clerk and Rob Keffer, Mayor.

A minimum of 10 percent of the required parking spaces for a medical office established after December 12, 2016 must comply with the minimum dimensions for Accessible Parking Spaces and any Accessible Parking Spaces lawfully existing on the lot must be retained.