City parking bylaw
This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.
For any questions related to this bylaw contact 519-747-8785, 1-866-785-3941 (TTY for deaf) or municipalenforcement@waterloo.ca
Bylaw number: 2012 - 060
Last passed by council: June 25, 2012
A bylaw to establish certain parking lots in the city and to regulate the parking of vehicles therein and thereon.
- Definitions
- General prohibitions
- Parking without consent
- Impounding
- Permits
- Fees and charges
- Exemptions
- Enforcement
- Offence and penalties
- Severability
- Repeal
- Coming into force
Whereas Section 11(3)(8) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes municipalities to pass bylaws respecting parking, except on highways;
And whereas Section 100 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that, without limiting sections 9, 10 and 11, a local municipality may, in respect of land now owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition;
And whereas Section 101(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that, if a municipality passes a bylaw regulating or prohibiting the parking or leaving of a motor vehicle on land, it may provide for the removal and impounding or restraining and immobilizing of any vehicle, at the vehicle owner’s expense, parked or left in contravention of the bylaw and subsection 170(15) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, applies with necessary modifications to the bylaw;
And whereas Section 101(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that a municipality may enter on land at reasonable times for the purposes described in subsection 101(1);
And whereas Section 101(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, states that, if signs are erected on land specifying conditions on which a motor vehicle may be parked or left on the land or regulating or prohibiting the parking or leaving of a motor vehicle on the land, a motor vehicle parked or left on the land contrary to the conditions or prohibition shall be deemed to have been parked or left without consent.
Now therefore, the Council of the Corporation of the City of Waterloo enacts as follows:
1.0 Definitions
- The definitions contained within the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, shall apply in the interpretation of this bylaw except where they are inconsistent, in which case the definition under this bylaw shall apply. For the purposes of this bylaw:
a) “City” means The Corporation of the City of Waterloo;
b) “Council” means the Council of the City;
c) “Leave” means stand or stop;
d) “Motor Vehicle” means an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power;
e) “Municipal Law Enforcement Officer” means a person appointed by the City as a Municipal Law Enforcement Officer pursuant to s. 15 of the Police Services Act, R.S.O. 1990, c.P. 15, as amended;
f) “Parking Lot” means a lot or structure on or in which Motor Vehicles may be parked or Left that is operated by the City;
g) “Parking Permits” means a permit obtained from the City allowing a Motor Vehicle to be parked or Left in a Parking Lot, which may be subject to certain conditions, as determined by Council, from time to time;
h) “Pay and Display System” means a machine or other system through which people wishing to park or Leave a Motor Vehicle in a Parking Lot pay the applicable fee or charge, obtain a ticket and then clearly display said ticket on the dashboard of their Motor Vehicle, thereby indicating that they have paid the applicable fee or charge;
i) “Police Cadet” means a cadet of the Waterloo Regional Police Service; and,
j) “Police Officer” means a chief of police or any other police officer of the Waterloo Regional Police Service, but does not include a special constable, a First Nations Constable, a Municipal Law Enforcement Officer or an auxiliary member of a police force.
k) ‘Unlicensed Vehicle’ means a motor vehicle that does not have a number plate displayed or does not have current validation of a vehicle permit affixed to the number plate, in the manner prescribed in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended.”
2.0 General Provisions
No person shall park or Leave a Motor Vehicle in a Parking Lot without the consent of the City.
No person shall park or Leave a Motor Vehicle with a gross weight in excess of 2,800 kilograms in a Parking Lot without the consent of the City.
3.0 Parking without consent
If signs are erected in a Parking Lot specifying conditions on which a Motor Vehicle may be parked of Left in a Parking Lot or regulating or prohibiting the parking or Leaving of a Motor Vehicle in a Parking Lot, a Motor Vehicle parked or Left in a Parking Lot contrary to the conditions or prohibitions, and without a valid Parking Permit, shall be deemed to have been parked or Left without the consent of the City. If an Unlicensed Vehicle is Parked or Left in a Parking Lot, said Unlicensed Vehicle shall be deemed to have been Parked or Left without the consent of the City.
If there are pavement markings specifying where a Motor Vehicle may be parked or Left in a Parking Lot, a Motor Vehicle parked or Left in a Parking Lot contrary to those pavement markings shall be deemed to have been parked or Left without the consent of the City.
Notwithstanding Sections 4 and 5 of this bylaw, if a Motor Vehicle is Parked or Left in a Parking Lot without the applicable fee and/or charge being paid, and without a valid Parking Permit, said Motor Vehicle shall be deemed to have been parked or Left without the consent of the City.
4.0 Impounding
A Police Officer, Police Cadet or Municipal Law Enforcement Officer, upon discovery of any vehicle parked or Left in a Parking Lot in contravention of this bylaw, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for the removal, care and storage of the vehicle, 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, Chapter R.25, as amended.
5.0 Permits
The City may issue Parking Permits allowing Motor Vehicles to be parked or Left in certain Parking Lots.
6.0 Fees and charges
Council may impose fees and charges, from time to time, for the parking or Leaving of a Motor Vehicle in a Parking Lot and for obtaining Parking Permits.
The City may install parking meters, a Pay and Display System or other devices at any Parking Lot in order to collect, or assist in the collection of, all applicable fees and charges.
7.0 Exemptions
Notwithstanding any other provision of this bylaw, all Motor Vehicles owned or operated by the City are exempt from the provisions of this bylaw.
Notwithstanding any other provision of this bylaw, all Motor Vehicles displaying a disabled person parking permit, shall be exempt from paying any fees or charges at any Parking Lot, except for the Uptown Parkade, located at 60 King Street South, which is bounded by King Street, Willis Way and Regina Street, in the City of Waterloo.
8.0 Enforcement
This bylaw may be enforced by Municipal Law Enforcement Officers or Police Officers.
9.0 Offence and penalties
Every person who contravenes any of the provisions of this bylaw is guilty of an offence and, on conviction, is liable to a fine pursuant to the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.
10.0 Severability
If a Court of competent jurisdiction should declare any section or part of a section of this bylaw to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this bylaw and it is hereby declared that the remainder of this bylaw shall be valid and shall remain in full force and effect.
11.0 Repeal
bylaw 09-99 is hereby repealed, as well as all bylaws amending the same.
12.0 Coming into force
This bylaw shall come into force and effect on May 1, 2010.