Disabled 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: 2019 - 010
Last passed by council: April 8, 2019
A bylaw to prohibit the parking or leaving of motor vehicles in spaces designated for persons with a disability.
- Definitions
- General prohibitions
- Impounding
- 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 102(1) of the Municipal Act, 2001, S.O. 2001 , as amended, states that if a municipality passes a bylaw for establishing a system of disabled parking, the sole manner of identifying vehicles shall be a disabled parking permit issued under and displayed in accordance with the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and the regulations made under it.
And whereas Section 102(2) of the Municipal Act, 2001, S.O. 2001 , as amended, states that, without limiting sections 9, 10 and 11, a local municipality may require the owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for vehicles displaying a disabled parking permit and if it does so, the local municipality shall prescribe the conditions of use of the disabled parking permit and shall prohibit the improper use of the permit.
And whereas Section 102(3) of the Municipal Act, 2001, S.O. 2001, as amended, states that a bylaw passed in accordance with subsection 102(2) may provide for the removal and impounding of any vehicle, at its owner's expense, parked or left contrary to the bylaw.
And whereas Section 427 of the Municipal Act, 2001, S.O. 2001, as amended, states that a bylaw establishing a system of disabled parking shall provide that every person who contravenes the bylaw is guilty of an offence and on conviction is liable to a fine of not less than $300.
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 (the “Highway Traffic Act”), shall apply in the interpretation of this by law except where they are inconsistent, in which case the definition under this by law 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) "Designated Parking Space" means a parking space, other than one located on a highway, distinctly indicated for the exclusive use of a Person with a Disability in accordance with the requirements of s. 11 of R.R.O. 1990, Regulation 581 under the Highway Traffic Act ;
(c)(i) “Designated Provision” means any section of this Bylaw designated in accordance with Section 7(b);
(d) "Leave" means stand or stop;
(e) "Motor Vehicle" means an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power;
(f) "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)(i) “O. Reg 333/07” – means 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;
(f)(ii) “Parking Administrative Penalty Bylaw” – means Bylaw No. 2019-009 of the City, as amended from time to time, or any successor thereof;
(f) "Permit" means a disabled person parking permit issued under and displayed in accordance with the Highway Traffic Act and the regulations made thereunder;
(g) "Person with a Disability", pursuant to s. 1 of R.R.O. 1990, Regulation 581 under the Highway Traffic Act, means an individual:
i. who cannot walk without the assistance of another individual or of a brace, cane, crutch, lower limb prosthetic device or similar assistive device or who requires the assistance of a wheelchair;
ii. who suffers from lung disease to such an extent that his or her forced expiratory volume in one second is less than one litre;
iii. for whom portable oxygen is a medical necessity;
iv. who suffers from cardiovascular disease to such an extent that the individual 's functional capacity is classified as Class III or Class IV according to Nomenclature and Criteria for Diagnosis of Diseases of the Heart and Great Vessels, ninth edition, published by Little, Brown & Co. in 1994;
v. whose ability to walk is severely limited due to an arthritic, neurological, musculoskeletal or orthopaedic condition;
vi. whose visual acuity is 20/200 or poorer in the better eye, with corrective lenses if required, or whose maxi mum field of vision using both eyes has a diameter of 20 degrees or less; or,
vii. whose mobility is severely limited by one or more conditions or functional impairments.
(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.
2.0 General prohibitions
(1) No person shall park, stop or leave a Motor Vehicle in a Designated Parking Space at any time without displaying a Permit.
(2) No person shall park, stop or leave a Motor Vehicle displaying a Permit in a Designated Parking Space if the vehicle is not transporting or picking-up a Person with a Disability.
(3) No person shall create or otherwise establish a Designated Parking Space without a minimum width of 3.9 metres and a minimum length of 5.5 metres
3.0 Impounding
(1) A Police Officer, Police Cadet or Municipal Law Enforcement Officer, upon discovery of any vehicle parked or left 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.0. 1990, Chapter R.25, as amended.
4.0 Enforcement
(1)This bylaw may be enforced by Municipal Law Enforcement Officers or by Police Officers.
5.0 Offence and penalties
(a) Any person who contravenes any of the provisions of this Bylaw, except a Designated Provision, is guilty of an offence and upon conviction is liable to a minimum fine of $300 and a maximum 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) Section 2 of this Bylaw is hereby designated for the purposes of Section 3 of O. Reg 333/07 as the part of this Bylaw to which the Parking Administrative Penalty Bylaw applies.
(c) 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 Bylaw, be liable to pay an administrative penalty and any administrative fees, in accordance with the Parking Administrative Penalty Bylaw.
(d) 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 Bylaw.
(e) Except at set out in Sections 7(a) and 7(d), all provisions of this Bylaw and of any other applicable legislation shall continue to apply to the Designated Provisions, in addition to the Parking Administrative Penalty Bylaw.
6.0 Severability
(1) 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.
7.0 Repeal
(1) Bylaw 91-9 is hereby repealed, as well as all bylaws amending the same, and any portions of the Municipal Code relating to parking for Persons with a Disability in the City are also hereby repealed.
8.0 Coming into force
This bylaw shall come into force and effect on September 30, 2009.