Parking on private property 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 or municipalenforcement@waterloo.ca.
Bylaw number: 08 - 092
Last passed by council: August 18, 2008
A bylaw to prohibit the parking or leaving of motor vehicles on private property without the consent of the owner or occupant of said property
- Definitions
- General prohibitions
- Parking without consent
- Impounding
- Private enforcement officers
- Enforcement
- Offence and penalties
- Severability
- Repeal
- Reference
- Coming into force
Whereas Section 11(3)(8) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes municipalities to pass by-laws respecting parking, except on highways;
And whereas Section 100 of the Municipal Act, 2001, S.O. 2001, as amended, states that a local municipality may, in respect of land not 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 100.1 of the Municipal Act, 2001, S.O. 2001, as amended, states that a local municipality may, in respect of land not owned or occupied by the municipality, regulate or prohibit the parking or leaving of motor vehicles without the consent of the owner of the land;
And whereas Section 101(1) of the Municipal Act, 2001, S.O. 2001, as amended, states that, if a municipality passes a by-law 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 by-law and subsection 170 (15) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, applies with necessary modifications to the by-law;
And whereas Section 101(2) of the Municipal Act, 2001, S.O. 2001, 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, 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 Corporation of the City of Waterloo enacts as follows:
1.0 Definitions
(1)The definitions contained within the Highway Traffic Act, R.S.O. 1990, c. H.8 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 By-law:
(a) “City” means The Corporation of the City of Waterloo;
(b) “Council” means the Council of the City;
(b)(i) “Designated Provision” means any section of this By-law designated in accordance with Section 8(b)
(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 Property” shall mean any property owned by the Corporation of the City of Waterloo.
(e)(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
(e)(ii) “Parking Administrative Penalty By-law” means By-law No. 2019-009 of the City, as amended from time to time, or any successor thereof.
(f) “Municipal Law Enforcement Officer” means an individual employed and/or designated by the City who is responsible for enforcing the by-laws of the City;
(g) “Police Cadet” means a cadet of the Waterloo Regional Police Service;
(h) “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;
(i) “Private Property” means land not owned or occupied by the City;
2.0 General prohibitions
(a) No person shall park or Leave a Motor Vehicle on Private Property without the consent of the owner of the property.
(b) No person shall park or leave a Motor Vehicle on Private Property that is being used as a parking lot without the consent of the owner of the property.
(3) No person shall park or Leave a Motor Vehicle on Municipal Property without the consent of the City.
3.0 Parking without consent
(1) If signs are erected on Private Property specifying conditions on which a Motor Vehicle may be parked or Left on Private Property or regulating or prohibiting the parking or Leaving of a Motor Vehicle on Private Property, a Motor Vehicle parked or Left on Private Property contrary to the conditions or prohibition shall be deemed to have been parked or Left without consent of the owner.
4.0 Impounding
(1) A Police Officer, Police Cadet or Municipal Law Enforcement Officer, upon discovery of any vehicle parked or Left on Private Property in contravention of this by-law, 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.
5.0 Private enforcement officers
(1) Council may, by resolution or by-law, appoint Private Enforcement Officers to enforce the provisions of this by-law, except Section 5, at certain locations throughout the City and may also remove said appointments, at any time, also by resolution or by-law.
6.0 Enforcement
(1) This by-law may be enforced by Municipal Law Enforcement Officers or the Waterloo Regional Police Service. Section 5 of this by-law may only be enforced by Municipal Law Enforcement Officers employed by the City or the Waterloo Regional Police Service.
7.0 Offence and penalties
(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) Sections 2, 3 and 4 of 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.
(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 Penal By-law, be liable to pay an administrative penalty and any administrative fees, in accordance with the Parking Administrative Penalty By-law
(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 By-law
(e) Except as set out in Sections 8(a) and (d), all other provisions of 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.
8.0 Severability
(1) If a Court of competent jurisdiction should declare any section or part of a section of this by-law 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 by-law and it is hereby declared that the remainder of this by-law shall be valid and shall remain in full force and effect.
9.0 Repeal
(1) By-Law 4009 is hereby repealed, as well as all by-laws amending the same, and any portions of the Municipal Code relating to parking on private property in the City are also hereby repealed.
10.0 Reference
(1) This by-law may be referred to as “By-Law 4009”, regardless of its actual number or date of passage, in order to maintain current signage and other references throughout the City.
(2) This by-law may also be referred to as the “Parking on Private Property By-Law”.
11.0 Coming into force
This by-law shall come into force and effect on November 1, 2008.