Prohibition on parking in yards 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: 2010 - 049
Last passed by council: March 29, 2010

A bylaw to regulate the parking, standing or stopping of a motor vehicle in yards within the City of Waterloo 

1. Definitions 
2. Prohibitions on parking in yards 
3. Enforcement 
4. Penalty 
5. Powers of inspection 
6. Hindrance or obstruction 
7. Order to discontinue activity 
8. Remedial action 
9. Severability 
10. Coming into force 
11. Short title 
12. Schedule "A" 

Whereas section 11(3)8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act” ), provides that Council may pass bylaws respecting matters within the sphere of jurisdiction of "Parking, except on highways";

And whereas section 128 of the Act provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become public nuisances;

And whereas in the opinion of Council for The Corporation of the City of Waterloo, the act of parking, standing or stopping a vehicle on a front yard or flankage yard or on organic matter in a rear yard is, or could become, a public nuisance;

And whereas section 425 of the Act provides that a municipality may pass bylaws providing that a person who contravenes a bylaw of the municipality is guilty of an offence;

And whereas section 428 of the Act provides that the owner of a vehicle is guilty of an offence even if the owner is not the driver of the vehicle, where a vehicle has been left parked, stopped or standing in contravention of a bylaw;

And whereas section 436 of the Act provides that a municipality has the power to pass bylaws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not a bylaw of the municipality is being complied with;

1.0 Definitions 

In this bylaw:

(a) "City" means The Corporation of the City of Waterloo;

(a)(i) “Designated Provision” means any section of this Bylaw designated in accordance with Section 5(b);

(b) "Front Yard" means a yard extending across a full width of a lot between the front lot line and the nearest main wall of the main building on the lot but does not include a legal driveway and/or a legal parking area unless that driveway and/or parking area is made of organic matter;

(c) "Front Lot Line" means the lot line that divides a lot from the street provided that, in the case of a corner lot, the shorter lot line that abuts the street shall be deemed to be the front lot lines and the longer line that abuts a street shall be deemed the flankage

(d) "Lot" means a parcel of land occupied or to be occupied by one main building, structure, or use, with any accessory buildings or uses, and includes all yards and open spaces.;

(e) "Lot Line" means any boundary of a Lot;

(f) "Motor Vehicle" includes an  automobile,  motorcycle,  motor  assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended;

"Municipal Law Enforcement Officer" means an individual appointed by the Council of the City pursuant to s. 15 of the Police Services Act, R.S.O. 1990, c.P. 15, as amended;

(g)(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;

(g)(ii) “Parking Administrative Penalty Bylaw – means any bylaw passed by the City from time to time, pursuant to O. Reg. 333/07, to implement administrative penalties for parking;

(h) "Rear Yard" means a yard extending across the width of the lot between the rear lot line and the nearest wall of the main building or, in the case of a triangular lot, between the apex of the triangle formed by the intersection of the side lot lines and the nearest wall of the main building;

(i) "Rear Lot Line" means the lot line opposite the front lot line;

(j) "Residential Property" means any property zoned for residential use in the City's Zoning By-Laws 1108 and 1418, as amended, and, for greater certainty, includes the following zones:

(i) With respect to Zoning By-Law 1108: General Residence 'GR', General Residence One 'GR1', General Residence Two 'GR2', General Residence Two-A 'GR2A', General Residence Three 'GR3', General Residence Four 'GR4', General Residence Five 'GR5', Multiple Residence 'MR', Medium Density 'MD', Medium Density One 'MD1', Medium Density Two 'MD2', Medium Density Three 'MD3', Semi-Detached 'SD', Single Residence One 'SR1', Single Residence One-A 'SR1A', Single Residence Two 'SR2', Single Residence Two A 'SR2A', Single Residence Three 'SR3', Single Residence One-Ten 'SR1-10', Residential 'R';

(ii) With respect to Zoning By-Law 1418: Flexible Residential 'FR', General Residence Two-A 'GR2A', General Residence 'GR', Medium Density 'MD', Medium Density One 'MD1', Medium Density Three 'MD3', Multiple Residence 'MR', Neighbourhood Residential 'NR', Residential 'R', Semi-Detached 'SD', Semi-Detached One - SD1', Single Residence One 'SR1', Single Residence One A 'SR1A', Single Residence One-Ten 'SR1-10', Single Residence Two 'SR2', Single Residence Two-A 'SR2A', Single Residence Township One 'SRT-1', Single Residence Township Two 'SRT-2', Single Residence Three 'SR3', Single Residence Four 'SR4';

(k) "Side Yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest main wall of the main building, excluding any chimney breast but does not include a legal driveway and/or a legal parking area unless that driveway and/or parking area is made of organic matter;

(I) "Yard" means a space open to the sky, inclusive of  any  awning  or umbrella or other covering but exclusive of eaves up to sixty centimeters (60cm), on the same lot with a building unoccupied except for such accessory buildings as are specially permitted elsewhere in this bylaw.

2.0 Prohibitions on parking yards 

No person shall, on a residential property, park, stand or stop or permit the parking, standing or stopping of a motor vehicle:

(i) in a front or side yard; or,

(ii) on organic matter in a rear yard.

Notwithstanding section 2 of this bylaw, parking, standing or stopping of a motor vehicle is permitted on the residential properties listed in Schedule "A", attached to and forming a part of this bylaw, except on organic matter in rear yards and only on front or side yards in the manner authorized by the Committee of Adjustment, the City or, more specifically, the Director of By-Law Enforcement of the City or his or her designate.

3.0 Enforcement 

This bylaw may be enforced by Municipal Law Enforcement Officers and Police Officers.

4.0 Penalty 

(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 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(i) and 2(ii) of this Bylaw are hereby designated for the purposes of Section 3 of O. Reg 333/07 as parts 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 as set out in Sections 5(a) and 5(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.

In addition to any other penalties provided for in this bylaw, a Police Officer or a Municipal Law Enforcement Officer may cause a vehicle 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 c. R.25, as amended.

5.0 Powers of inspection 

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

(a) this bylaw;

(b) a direction or order of the City made under this bylaw; or,

(c) an order made under s. 431 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.

For the purposes of conducting an inspection pursuant to s. 7 of this bylaw, the City may, in accordance with the provisions of s. 436 of the Act:

(b) require the production for inspection of documents or things relevant to the insp·ection;

(c) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

(d) require information from any person concerning a matter related to the inspection; and,

(e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

6.0 Hindrance or obstruction 

No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this bylaw.

7.0 Order to discontinue activity 

Where the City is satisfied that a contravention of this bylaw has occurred, the City may make an order requiring the person who contravened  this bylaw, or who caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to discontinue the contravening activity.

An order under s. 10 of this bylaw shall set out:

(f) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and,

(g) the date by which there must be compliance with the order.

Any person who contravenes an order under s. 10 of this bylaw is guilty of an offence.

8.0 Remedial Action 

If a person fails to do a matter or thing, including comply with an order under this bylaw, as directed or required by this bylaw, the City may, in default of it being done by the person directed or required to do it, do the matter or thing at the person's expense. The City may recover the costs of doing a matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.

The costs outlined in s. 13 of this bylaw shall include interest calculated at a rate of 15 per cent, calculated for the period commencing on the day the City incurs the costs and ending on the day the costs, including the interest, are paid in full.

The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien. The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued to the date the payment is made. Upon receiving payment of all costs payable plus interest accrued to the date of payment, the City shall register a discharge of the lien in the proper land registry office.

9.0 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 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.

10.0 Coming into force 

This bylaw shall come into force and effect on the day it is passed.

11.0 Short title 

This bylaw may be referred to as the "Prohibition on Parking in Yards Bylaw".

Enacted this 29th day of March, 2010.

12.0 Schedule "A"

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