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City of Waterloo By-Law Archive


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CONSOLIDATED
CITY OF WATERLOO
BY-LAW NO. 4009
BEING A BY-LAW TO PROHIBIT THE PARKING OR LEAVING OF MOTOR
VEHICLES ON PRIVATE PROPERTY WITHOUT AUTHORIZATION FROM THE
OWNER OR OCCUPANT OF SUCH PROPERTY OR ON THE PROPERTY OF THE
MUNICIPALITY WHERE PARKING BY THE PUBLIC IS NOT AUTHORIZED,
AND PROVIDING FOR THE REMOVAL OR IMPOUNDING OF ANY VEHICLES
SO PARKED OR LEFT AT THE EXPENSE OF THE OWNER THEREOF.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
CITY OF WATERLOO ENACTS AS FOLLOWS:
A.
1.
No motor vehicle shall be parked or left on private property within
the limits of the Corporation of the City of Waterloo without the
consent from the owner, the owner’s agent or occupant of such
property.
2.
No motor vehicle shall be parked or left on property of the City of
Waterloo where parking by the public is not authorized.
3.
For the purposes of Section 1A above,
(i)
Where an owner, owner’s agent or occupant of property
affected by this by-law has installed parking meters, a motor
vehicle parked or left on the property at an expired meter shall
be deemed to have been parked or left without the owner’s
consent;
(ii)
Where an owner, owner’s agent or occupant of property
affected by this by-law has implemented a pay and display
system to control parking on a property, a motor vehicle
parked or left on the property without the proper ticket
displayed in the vehicle shall be deemed to have been parked
or left without the owner’s consent;

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(iii)
Where an owner, owner’s agent or occupant of property
affected by this by-law has posted a sign limiting the time
during which a motor vehicle may be parked or left on the
property, a motor vehicle parked or left on the property in
excess of time limits prescribed shall be deemed to have
been parked or left without the owner’s consent.
(iv)
Where a motor vehicle is parked occupying more than one
parking space it shall be deemed to have been parked without
the owner’s consent.
4.
Where an owner, owner’s agent or occupant of property affected by
this By-law has posted a sign prohibiting the parking or leaving of
a motor vehicle on the property, a motor vehicle parked or left on the
property contrary to such prohibition shall be deemed to have been
parked or left without consent.
5.
The driver or owner of a motor vehicle parked or left in
contravention to paragraphs 1 and 2 hereof is liable to any penalty
hereinafter provided, provided that the owner of the motor vehicle
shall not be liable to any such penalty, if at the time the offence was
committed, the motor vehicle was in the possession of a person other
than the owner without the owner’s consent.
6.
In addition to the provisions of paragraph 4, where a motor vehicle is
parked or left in contravention of the provisions of paragraphs 1 and
2 hereof, a Police Officer or Municipal By-law Enforcement Officer
upon receiving a complaint and so finding the vehicle, may cause
such motor vehicle 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 against the said vehicle which may
be enforced in the matter provided in the Repair and Storage Liens
Act, 1989.
7.
In addition to the provisions of Paragraph 4 and as an alternative to
the provisions of Paragraph 5:
(a)
Where a vehicle is found parked in contravention of the
parking provisions of this by-law, a Police Officer or
Municipal By-law Enforcement Officer upon receiving a
complaint and so finding the vehicle, may attach to the
vehicle a Parking Infraction Notice in the form of a serially
numbered notice stating:
(i)
The permit number of the vehicle;
(ii)
That the vehicle is unlawfully parked;
(iii)
The date, time, place and nature of the alleged
offence;
(iv)
That the owner or operator thereof may report to
the Revenue Division of the City of Waterloo
within fifteen (15) days exclusive of Saturday,
Sunday and Holidays after the day when the
Parking Infraction Notice is attached and make a
payment of eighteen ($18.00) dollars or forward
such payment by mail within fifteen (15) days to the
Revenue Division of the City of Waterloo;

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(v)
Said payment shall be accepted as the payment of a
penalty in full satisfaction in respect to the alleged
offence and receipt therefore shall be given to the
person makingthe payment;
(vi)
That in the event of failure to so report and
make such payment the provisions of Part II of
the Provincial Offences Act will apply.
(b)
The Parking Infraction Notice shall be prepared in triplicate,
and the Police Officer or Municipal By-law Enforcement
Officer shall attach one copy to the vehicle and deliver the
other copies to the Clerk’s Division of the City of Waterloo.
8.
The Chief of Police of the Waterloo Regional Police or his designate
or a Municipal By-law Enforcement Officer, are hereby designated as
the persons authorized to request the removal of vehicles parked or
left on private property without the authority from the owner or
occupant of such property or on property of the municipality where
parking by the public is not authorized.
9.
Every person who contravenes any of the provisions of this By-law;
(i)
is guilty of an offence, and
(ii)
upon conviction thereof, is liable to a fine or penalty of
not more than $5,000.00 as prescribed by the
Provincial Offences Act, R.S.O. 1980 c. 400, as
amended.
10.
That By-law 90-133 and any other By-law inconsistent with the
provisions of this By-law are hereby repealed.
PASSED this 7th day of August, 1973.
(SIGNED) H.EPP
MAYOR
(SIGNED) D.PRESTON____
CLERK

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