Authority:

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. [By-law number]

A by-law to provide for permit parking on the

public road allowance on the south side of

Sammon Avenue adjacent to the property with

a municipal address of 80 Queensdale Avenue.

The Council of The City of Toronto HEREBY ENACTS as follows:

1.0DEFINITIONS:

1.1"City" means The City of Toronto.

1.2"Commissioner" means the Commissioner of Works and Emergency Services for the City, or a designate thereof.

1.3"Council" means the Council of the City.

1.4"Motor Vehicle" means an automobile or motorcycle, but does not include campers, trailers, motor homes, commercial vehicles, trucks, equipment or vehicles used for hire.

1.5"Official Sign" means any sign or device, including any roadway, curb or sidewalk marking, placed, erected or painted on a Street by the City.

1.6"Owner" means the registered owner of a Motor Vehicle or Vehicle and includes an operator of a Motor Vehicle or Vehicle authorized by the registered owner who is insured to operate the Motor Vehicle or Vehicle.

1.7"Park or Parking" means the standing of a Motor Vehicle or Vehicle, whether occupied or not, except when the Motor Vehicle or Vehicle is standing temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers.

1.8"Parking Area" means the hardsurfaced area comprised of 7 Parking Spaces and located within the public road allowance on the south side of Sammon Avenue adjacent to the property with a municipal address of 80 Queensdale Avenue.

1.9"Parking Space" means a space in the Parking Area demarcated under the direction of the Commissioner which is suitable for the purpose of Parking a Motor Vehicle.

1.10"Permit" means a parking identifier issued by the Commissioner authorizing the Parking of a Motor Vehicle in the Parking Area for a specified Permit Period in accordance with this by-law.

1.11"Permit Fee" means the fee established by Council from time to time which is required to be paid prior to issuance of a Permit in accordance with this by-law.

1.12"Permit Period" means the term during which a Permit is valid.

1.13"Permit Time" means "Permit Time 1" and "Permit Time 2" as defined in Section 4.1.

1.14"School" means St. Aloysius Elementary School located at 80 Queensdale Avenue.

1.15"Stand or Standing" means the halting of a Motor Vehicle or Vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers.

1.16"Stop or Stopping" means the halting of a Motor Vehicle or Vehicle for any period of time, whether occupied or not, except when necessary to avoid conflict with other traffic, to comply with the direction of a police officer or a traffic control signal or device.

1.17"Vehicle" shall mean a Motor Vehicle, trailer, truck, traction engine, farm tractor, road building machine and any other vehicle drawn, propelled or driven by any source of power, including muscular power.

2.0AUTHORITY OF THE COMMISSIONER:

2.1The Commissioner shall have the authority to issue and cancel Permits on behalf of the City in accordance with the provisions of this by-law.

2.2The Commissioner shall have the authority to place, erect and maintain, or cause to be placed, erected and maintained, such Official Signs as may be necessary to give effect to the provisions of this by-law.

3.0PROHIBITION:

3.1No person shall Park, Stand or Stop a Vehicle or allow a Vehicle to Stand, be Parked or Stopped, in the Parking Area during the effective times indicated in subsection 4.1 and 4.2 without a Permit being issued therefor pursuant to this by-law.

3.2The holder of a valid Permit shall only Park, Stand or Stop a Motor Vehicle for which such Permit is issued in one demarcated Parking Space within the Parking Area during the effective times indicated in subsection 4.1 and 4.2.

4.0PERMIT PARKING AND PARKING SPACE DESIGNATIONS:

4.1Permits shall be issued to allow parking of Motor Vehicles within the Parking Area during the Permit Period between the hours of 8:00 p.m. and 7:30 a.m. ("Permit Time 1") and between the hours of 7:30 a.m. and 8:00 p.m. ("Permit Time 2") in accordance with the provisions of this by-law.

5.0ISSUANCE OF PERMITS:

5.1Subject to subsections 5.4 and 5.5 hereof, a person shall qualify for issuance of a Permit for Permit Time 1 if they meet the following conditions:

i)they are the Owner of the Motor Vehicle for which the Permit is applied for;

ii)they reside in the geographic area formerly known as the Borough of East York; and

iii)they have submitted a completed application form in accordance with this by-law.

5.2Subject to subsections 5.4 and 5.5 hereof, a person shall qualify for issuance of a Permit for Permit Time 2 if they meet the following conditions:

i) they are the Owner of the Motor Vehicle for which the Permit is applied for;

ii) they are an employee of the School; and

iii) they have submitted a completed application form in accordance with this by-law.

5.3Persons who qualify pursuant to subsection 5.1 and 5.2 hereof may apply for a Permit by completing the application form prepared by the City from time to time and such application shall include the following completed information:

a)name, address and telephone number of the Owner of the Motor Vehicle for which the Permit is applied for;

b)licence number of such Motor Vehicle;

c)make and year of such Motor Vehicle;

d)statement that the Owner of such Motor Vehicle does, at the date of such application, comply with either Section 5.1 (ii) or Section 5.2 (ii);

e)where an applicant is not the registered owner of a Motor Vehicle, a statement that the applicant is authorized by the registered owner to operate the same and is insured for such operation;

f)date; and

g) acknowledgement and consent of the applicant that any information being provided by the applicant is not being supplied in confidence and may be made public or provided to any third party or person outside of the City notwithstanding anything contained in the Municipal Freedom of Information and Protection of Privacy Act.

5.4The Commissioner shall issue Permits to persons who qualify pursuant to this by-law, subject to subsection 5.5 hereof, following payment of the Permit Fee based upon availability of Parking Spaces and in the following manner and order of priority:

a)from the 1st to the 25th day of the month preceding the first month of a Permit Period, 1 Permit may be obtained by the Owner of a Motor Vehicle for Permit Time 1 or Permit Time 2;

b)from the 26th day to the end of the month preceding the first month of a Permit Period or any time thereafter within the applicable Permit Period, any person qualifying under Paragraph (a) of this subsection may apply for and obtain a first and second Permit for Permit Time 1 or Permit Time 2.

5.5Unless Council authorizes otherwise and notwithstanding any other provision of this by-law, no more than 2 Permits shall be issued to any person or persons.

5.6The Permit Fee which shall be paid at the time of issuance of a Permit shall be as follows:

a)Fifty Dollars ($50.00) for the first Permit issued to the Owner of a Motor Vehicle;

b)One Hundred Dollars ($100.00) for the second Permit issued to the Owner of a Motor Vehicle for which a Permit has already been issued or to another Owner of a Motor Vehicle who resides in the same Residential Premises as the Owner who was previously issued a Permit;

c)for a period which is to be less than the full 6 month Permit Period, the Permit Fees specified in Clauses (a) or (b) of this subsection shall be pro-rated bi-weekly for the remaining period or any portion thereof;

5.7No more than a total of 7 Permits shall be issued for the Parking Area for Permit Time 1 and no more than a total of 7 Permits shall be issued for the Parking Area for Permit Time 2.

5.8Permits shall be issued by the Commissioner for Permit Periods of 6 calendar months commencing April 1st and October 1st, respectively and shall cease to be valid at 5:00 in the afternoon on the date of expiry. The Permit relevant to the last day of a Permit Period shall not be valid between 5:01 p.m. to 11:59 a.m. on the date of expiry, but the Permit for the next Permit Period shall be valid during such time.

5.9A Permit shall not be valid unless it is displayed in the front window of the Motor Vehicle for which it was issued in such a manner as to be visible from the exterior of the said Motor Vehicle.

5.10A Permit shall contain a Permit number and the date of expiry of the Permit as well as the location within which the Motor Vehicle may be Parked.

5.11A Permit shall only be issued to the Owner of a Motor Vehicle to Park in the Parking Area provided the Owner meets the criteria set out in Sections 5.1 or 5.2, as the case may be.

6.0CANCELLATION

6.1Any person to whom a Permit has been issued may cancel a Permit upon written notice to the Commissioner and the applicable portion of the Permit Fee pro-rated bi-weekly for the remainder of the Permit Period shall be reimbursed to the Permit holder.

6.2The Commissioner may cancel a Permit upon 10 days written notice sent by prepaid first class mail to the Permit holder for failure to comply with any of the provisions of this by-law or if it is determined that the Permit was obtained under false or incorrect information and there shall be no reimbursement of any portion of the Permit Fee.

6.3Council may direct the Commissioner to cancel a Permit if necessary for municipal purposes upon 10 days written notice to the Permit holder by prepaid first class mail. The applicable portion of the Permit Fee pro-rated bi-weekly for the remainder of the Permit Period shall be reimbursed to the Permit holder.

7.0OFFENCE AND PENALTIES:

7.1Any person who contravenes any of the provisions of this by-law is guilty of an offence and pursuant to the Provincial Offences Act, R.S.O. 1990, as amended from time to time, on conviction, is liable to a penalty not exceeding $5,000.00 (Five Thousand Dollars) for each offence.

7.2The Owner of a Vehicle may be charged with and convicted of a Parking offence under this by-law for which the driver of the Motor Vehicle or Vehicle is subject to be charged unless, at the time of the offence, the Motor Vehicle or Vehicle was in the possession of some person other than the Owner without the Owner's consent and on conviction, the Owner is liable to the penalty prescribed or provided therefore.

7.3Despite any other provisions of this Section, any person may, upon presentation of a Parking Infraction Notice issued by a Police Officer, Police Cadet, Municipal Law Enforcement Officer, Constable or an Officer appointed for the carrying out of the provisions of the Highway Traffic Act alleging the commission of any of the parking, stopping or standing, offences under this by-law, pay out of court, within 7 days from the date of issuance of the said notice, a penalty of $20.00 (Twenty Dollars) and upon such payment, no further proceedings shall be taken under this by-law in respect of the said offence alleged in the Parking Infraction Notice.

7.4A Police Officer, Police Cadet, Municipal Law Enforcement Officer, Constable or an Officer appointed for the carrying out of the provisions of the Highway Traffic Act, upon discovery of any Motor Vehicle or Vehicle parked or left 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 removing, care and storage thereof, if any, are a lien upon the Motor Vehicle or Vehicle which may be enforced in the manner provided by the Repair and Storage Act, R.S.O. 1990, c. R.25, as amended from time to time.

8.0MISCELLANEOUS:

8.1Should any section, subsection, clause or provision of this by-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this by-law as a whole or any part thereof, other than the part so declared to be invalid.

8.2For the purpose of interpreting this by-law, words in the singular shall include the plural and vice versa, words importing persons shall include corporations and vice versa and words importing the masculine shall include the feminine and neuter and vice versa.

8.3Reference to time by hour or period of reference shall be standard time except during periods when daylight savings time is in effect during which period the time referred to shall be daylight savings time.

8.4Nothing in this by-law shall exempt any person from adhering to the lawful directions of a constable or police officer for the regulation of traffic on a street and nothing in this by-law shall affect the powers of the Corporation of the Municipality of Metropolitan Toronto.

8.5The provisions of this by-law shall not apply to any Vehicle owned or operated by employees, agents or representatives of the City while being used for city purposes or to any ambulance, police, fire department or other emergency Vehicle while engaged in the performance of related duties.

8.6The short title of this by-law shall be the "St. Aloysius School Parking Area Permit By-law".

8.7This by-law shall come into full force and effect on the day of passing.

ENACTED AND PASSED this day of , A.D. 199 .

MayorCity Clerk

(Corporate Seal)