Under and by virtue of the powers conferred by Sections 188 and 189 of the Highway Traffic Act, R.S.N. 1990, Chapter H-3, as amended, pursuant to a delegation of power by the Minister of Works, Services and Transportation dated April 27, 1990, pursuant to an approval of the Minister of Works, Services and Transportation dated April 12, 1996, and in pursuance of the powers vested in it under and by virtue of the City of St. John's Act, R.S.N. 1990, Chapter C-17, as amended, and all other powers enabling it, the City of St. John's enacts the following By-Law relating to ticketable offences.
BY-LAW
1. (a) This By-Law may be cited as the "St. John's Ticketing Amendment By-Law".
(b) For the purpose of this By-Law “highway” shall have the same meaning as in the Highway Traffic Act. (Amended 1999/06/14; #1421)
2. Section 2 has been repealed. (Amended 2019/03/11; #1618)
3. Section 3 has been repealed. (Amended 2019/03/11; #1618)
4. Section 4 has been repealed. (Amended 2019/03/11; #1618)
5. Section 5 has been repealed. (Amended 2019/03/11; #1618)
6.(1) Where a sign which has the words "NO PARKING" or a symbol for "NO PARKING" inscribed on it is erected on a highway and the part of the highway to which the sign is applicable is clearly indicated by painted red or white lines or words or markers on the highway or by additional words inscribed on the signs describing the area to which the prohibition of the sign is applicable by name or other description or by reference to another sign erected on or near the same highway, the driver of a vehicle shall not park the vehicle in the area to which the sign applies, or between the hours or during the time specified on the sign.
(a) The prohibition in subsection 6(1) does not apply, unless stated on the sign, to the stopping of a vehicle for the immediate taking up or discharging of passengers or for the time that may be actually necessary for the loading or unloading of goods. (Amended 2019/03/11; #1618)
(2) Where a sign which has the words "NO PARKING EXCEPT UNDER PERMIT" or a symbol for "NO PARKING EXCEPT UNDER PERMIT" inscribed on it is erected on a highway and the part of the highway to which the sign is applicable is indicated by painted red or white lines or words or markers on the highway or by additional words or symbols inscribed on the sign describing the area to which the prohibition of the sign is applicable by name or other description or by reference to another sign erected on or near the same highway, a person other than the person to whom the permit was issued shall not park a vehicle in the area to which the sign applies.
(3) For the purposes of subsections 6(4) and 6(5):
a) “Timed Parking Area” means a street, portion of a street, parking lot, or parking facility that is designated with one or more signs which taken together indicate the bounds of the Timed Parking Area and which set out the Time Limit for the Timed Parking Area.
b) “Time Limit” means the maximum period of time within which a vehicle may be parked in a Timed Parking Area, the calculation of which shall commence at the time that the vehicle is first parked in the Timed Parking Area on one calendar day.” (Amended 04/22/97; #1386) (Amended 2016/12/05; #1587) (Amended 2019/08/19; #1621)
(4) No person shall allow a vehicle to remain in the same Timed Parking Area for longer than the Time Limit indicated on any sign governing the Timed Parking Area. (Amended 2019/08/19; #1621)
(5) At the expiry of the Time Limit a person shall remove the vehicle from the Timed Parking Area after which the vehicle shall not be returned to the same Timed Parking Area until a period of time equivalent to, or exceeding, the Time Limit has lapsed. (Amended 2019/08/19; #1621)
(6) Any person who violates or contravenes this section is guilty of an offence and is liable to a minimum fine of sixty dollars ($60.00). (Amended 2019/08/19; #1621) Amended 2020/12/14; #1635)
(7) An offence under this section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act. (Amended 2019/08/19; #1621)
7. (1) Except where otherwise provided or where necessary to avoid conflict with traffic or to comply with the law or the directions of a traffic officer or traffic-control device, a person shall not stop, stand or park a vehicle on a highway so that the vehicle or a part of it is
(a) on a sidewalk or an area generally used or intended for use by pedestrians;
(b) in front of a public or private driveway or in front of an authorized loading door designated as that by the minister or a traffic authority;
(c) within an intersection or within 6 meters of an intersection;
(d) within 1 metre from the point on the curb or edge of the roadway immediately opposite a fire hydrant;
(e) within a crosswalk;
(f) within 6 metres of the approach of a crosswalk;
(g) within 10 metres upon the approach to a flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
(h) alongside or opposite a street excavation or obstruction when stopping, standing or parking obstructs traffic;
(i) on the roadway side of a vehicle stopped or parked at the edge or curb of a roadway;
(j) upon a bridge or other elevated structure upon a highway, or within a highway tunnel; (Amended 09/23/96; #1377)
(k) Section 7(1)(k) has been repealed. (Amended 2019/03/11; #1618)
(2) Any person who violates or contravenes this section is guilty of an offence and is liable to a minimum fine of seventy-five dollars ($75.00).
(Amended 04/22/97; #1386) (Amended 2016/12/06; #1587) (Amended 2020/12/14; #1635)
(3) An offence under this section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act.
8.(1) Except where otherwise provided or where necessary to avoid conflict with traffic or to comply with the law or the directions of a traffic officer or traffic-control device, a person shall not stop, stand or park a vehicle on a highway so that the vehicle or a part of it is
(a) in a place of contravention of a traffic-control device that gives notice that stopping, standing, or parking is thereby prohibited or restricted. (Amended 2019/03/11; #1618)
(2) Any person who violates or contravenes this section is guilty of an offence and is liable to a minimum fine of one hundred dollars ($100.00).
(Amended 04/22/97; #1386) (Amended 2016/12/06; #1587) (Amended 2019/03/11; #1618)
(3) An offence under this section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act.
9.(1) Except where otherwise permitted, a driver shall not stop, stand or park a vehicle on a highway other than on the right side of the highway parallel to that side and, where there is a curb, with the wheels within 30 centimetres of the curb.
(2) Any person who violates or contravenes this section is guilty of an offence and is liable to a minimum fine of seventy-five dollars ($75.00).
(Amended 04/22/97; #1386) (Amended 2016/12/06; #1587) (Amended 2020/12/14; #1635)
(3) An offence under this section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act.
10.(1) Except with the permission of the City of St. John's given either orally or in writing and without or subject to conditions, the driver of a vehicle shall not park the vehicle upon City owned land.
(2) A driver who receives permission under subsection (1) shall park the vehicle in accordance with the conditions to which the permission is subject or, where there are no conditions, as otherwise directed by the City of St. John's.
(3) Any person who violates or contravenes this section is guilty of an offence and is liable to a minimum fine of seventy-five dollars ($75.00). (Amended 04/22/97; #1386) (Amended 2016/12/05; #1587)
(Amended 2020/12/14; #1635)
(4) An offence under this section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act.
(5) Nothing contained in this section is a bar to an action for trespass but, where
(a) an action for trespass is taken based on an occurrence which is a breach of this section, a prosecution shall not be taken under this section; or
(b) a prosecution is taken under this section, an action does not lie or shall not be taken for trespass based on the occurrence which gave rise to the prosecution. (Amended 09/23/96; #1377)
11.(1) Except where otherwise provided by a sign erected, a person shall not stop or park a vehicle within a distance of 20 metres from a bus stop or school bus stop where the distance is measured from the sign in the direction from which traffic approaches the sign on the side of the highway on which the sign is erected.
(2) Any person who violates or contravenes this section is guilty of an offence and is liable to a minimum fine of seventy-five dollars ($75.00).
(Amended 04/22/97; #1386) (Amended 2016/12/06; #1587) (Amended 2020/12/14; #1635)
(3) An offence under this section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act. (Amended 09/23/96; #1377)
12.(1) For the purposes of this section:
(a) “accessible parking space” means a parking space, including access aisles,
(i) designated by a RB-71 sign of any dimension or color from the Manual of Uniform Traffic Control Devices for Canada published by the Transportation Association of Canada,
(ii) designated by a uniform traffic control sign of any dimension or color from the Canada Standards Association standard CSA B651,
(iii) designated by a sign of any dimension or color bearing a symbol of a figure in a wheelchair,
(iv) bearing a symbol of a figure in a wheelchair, or
(v) painted blue in whole or in part;” (Amended 2019/03/11; #1618) (Amended 2019/05/21; #1619)
(b) Section 12(1)(b) has been repealed. (Amended 2019/03/11; #1618) (Amended 2019/05/21; #1619)
(c) “permit” means a valid document issued by the Registrar of Motor Vehicles to a person with a mobility challenge;” (Amended 2019/05/21; #1619)
(d) “curb ramp” means a ramp cut in the sidewalk with the lower edge of the ramp blending to the common surface of the finished grade”; (Amended 2019/05/21; #1619)
(2) Section 12(2) has been repealed. (Amended 2019/05/21; #1619)
(3) (a) A person other than the holder of a permit or a person accompanying the holder of a permit shall not park, temporarily or otherwise, a motor vehicle in an accessible parking space.
(Amended 2019/05/21; #1619)
(b) A permit shall be displayed in the windshield of a motor vehicle occupying an accessible parking space.
(Amended 2019/05/21; #1619)
(c) A person shall not display a permit which:
(i) has expired; (Amended 2019/03/11; #1618)
(ii) does not contain a valid expiry date; or
(iii) is otherwise invalid.
(4) For the purposes of this section, a motor vehicle displaying a valid permit, number plate, or other marker bearing a symbol of a figure in a wheelchair and issued by another jurisdiction shall be entitled to the same privileges as a motor vehicle displaying a permit issued by the Registrar of Motor Vehicles. (Amended 2019/05/21; #1619)
(5)(a) A person shall not park within two (2) metres of a curb ramp whether on private or public property. (Amended 2019/05/21; #1619)
(b) Subsection 12(5)(a) does not apply where:
(i) the curb ramp is located in or adjoins an accessible parking space; and
(ii) the person parked in the accessible parking space holds a permit. (Amended 2019/05/21; #1619)
(6) Section 12(6) has been repealed. (Amended 2019/05/21; #1619)
(7)(a) Section 12(7)(a) has been repealed. (Amended 2019/03/11; #1618)
(b) Any person who violates or contravenes any Subsection of this Section is guilty of an offence and is liable to a minimum fine of $700. (Amended 2019/03/11; #1618)
(c) Any offence under this Section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act. (All Section 12 Amended 2012/04/09; #1555)
13.(1) A person shall not park a vehicle so as to obstruct the free passage of traffic on the roadway.
(2) Subsection 13(1) does not apply when a vehicle is so disable that it is not practicable to avoid stopping and temporarily leaving it on a roadway.
(3) Any person who violates or contravenes this section is guilty of an offence and is liable to a minimum fine of seventy-five dollars ($75.00). (Amended 2020/12/14; #1635)
(4) An offence under this section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act. (All Section 13 Amended 2019/03/11; #1618)
14.(1) A person shall not park a vehicle so that the vehicle is parked in a space designated for the charging of electric vehicles, unless that vehicle is physically connected to the electric charging station.
(2) Any person who violates or contravenes this section is guilty of an offence and is liable to a minimum fine of sixty dollars ($60.00).
(3) An offence under this section may be prosecuted by means of a traffic ticket under the provisions of the Provincial Offences Act.”
(Section 14 added – Amended 2022/12/05; #1650) |