Hamilton : Règlement no 01-218, art. 1(a) — On-Street Parking By-law

"Authorized Emergency Vehicle" means:

• To Regulate On-Street Parking
• (i) any vehicle owned or operated by the City of Hamilton while the operator is engaged in the performance of his or her duties;
• (ii) any vehicle owned or operated by a Police Service, a Fire Department or a Ministry of the Province;
• (iii) any vehicle owned or operated by an ambulance service, a mortuary or a funeral home while the operator is engaged in the performance of his or her duties;
• (iv) any vehicle owned or operated by a public utility including but not limited to vehicles owned or operated by Canada Post, a telephone company, a natural gas utility, a hydro electric power provider, and any other public utility, telegraph or telecommunications company, provided that such vehicles are each clearly identified by a crest or other marking and provided the operator is actively engaged in the provision of the services offered by the utility;
• (v) any armoured vehicle, while the operator is actively engaged in the performance of their duties, and any escort vehicle providing security services for an armoured vehicle, while the operator is actively engaged in the performance of his or her duties; and,
• (vi) any service vehicle owned or operated by an accredited road side service agency or automobile club or a licensed towing agency while the operator is providing a towing or other road side service;
• (b) "bicycle" includes a tricycle and unicycle but does not include a motor assisted bicycle;
• (c) "boulevard" means all parts of the highway save and except any roadway, shoulder, driveway, or sidewalk; and,
• (i) "central boulevard" means a median or that part of the highway lying between the roadways of a divided highway;
• (ii) "outer boulevard" means such part of the highway lying between any sidewalk and the roadway or the shoulder where such exists;
• (iii) "inner boulevard" means such part of the highway lying between the property line and the sidewalk, and where there is no sidewalk it means that part of the highway lying between the property line and the roadway or the shoulder where such exists; and, To Regulate On-Street Parking
• (iv) "side boulevard" means such part of the highway lying between the roadway and the adjoining property line and includes the inner and outer boulevard, if any;
• (d) "bus" means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons;
• (e) "Chief of Police" means the Chief of Police for the City of Hamilton;
• (f) "City" means The City of Hamilton;
• (g) "commercial vehicle" includes:
• (i) a vehicle licensed as a commercial vehicle under the Highway Traffic Act;
• (ii) a motor vehicle which has attached to both of its sides a sign, of not less than 150 square inches in size, identifying the person, business or company in whose service the vehicle is employed; and,
• (iii) a taxi cab;
• (h) "Council" means the Council of the City of Hamilton;
• (i) "crosswalk" means:
• (i) That part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway; or
• (ii) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs, or by lines or other markings on the surface;
• (j) "driveway" means the improved land on a highway which provides vehicular access from the roadway to a laneway or parking area on adjacent land;
• (k) "farm tractor" means a self-propelled vehicle designed and used primarily as a farm implement for drawing ploughs, mowing machines, and other implements of husbandry and not designed or used for carrying a load;
• (l) "General Manager" means the General Manager of Transportation, Operations and Environment for the City of Hamilton and includes his designate and successor; To Regulate On-Street Parking
• (m) "Gross Weight" and "Gross Vehicle Weight" mean the combined weight of vehicle and load;
• (n) "heavy vehicle" means a vehicle:
• (i) for which a permit fee under the Highway Traffic Act is based upon the weight of the vehicle and load (Registered Gross Vehicle Weight), in excess of forty-five hundred (4500) kilograms; or,
• (ii) which exceeds six point five (6.5) metres (21 feet) in length; or,
• (iii) which is equipped with dual rear wheels or tandem rear axles, provided that this shall not apply to a pick-up truck having a Registered Gross Vehicle Weight of forty-five hundred (4500) kilograms or less; or,
• (iv) which is a tow truck; or,
• (v) which is a bus, or a bus converted into a mobile home or otherwise used for a commercial or non-commercial purpose; but does not include an ambulance or other emergency medical service vehicle while providing and ambulance or medical service or any vehicle operated by the City while the operator is performing his or her duties;
• (o) "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof;
• (p) "holiday" means New Years Day, Good Friday, Easter Monday, Victoria Day, Dominion Day, the day proclaimed as a Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day, the day proclaimed as the Birthday or day fixed by proclamation of the Governor General for the celebration of the birthday of the reigning sovereign, and any day appointed by proclamation of the Governor General or Lieutenant Governor-in-Council as a public holiday or for a general feast or thanksgiving;
• (q) "intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other;
• (r) "Loading Zone" means the part of a highway set apart for the exclusive purpose of parking a vehicle to load or unload the same; To Regulate On-Street Parking
• (s) "Manager" means the Manager of Parking and Enforcement Operations for the City of Hamilton and includes his designate and successor;
• (t) "Municipal Law Enforcement Officer" means any person so designated by a by-law of the City of Hamilton or appointed for the purpose of enforcing this By-law;
• (u) "motor vehicle" includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this By-law 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, as amended;
• (v) "park" or "parking" when prohibited, means the standing of a vehicle whether occupied or not except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;
• (w) "parking meter" means a device and/or software application that shall indicate thereon or therein the interval of time during which a vehicle may be parked in a parking meter space or parking meter zone, and which shall have a receptacle or (20-141) system for receiving payment, and which shall also indicate when said interval of time shall have elapsed.
• (x) "parking meter space" means a parking space which is controlled and regulated by a parking meter;
• (y) "parking meter zone" means that part of a highway where parking is controlled and regulated by one or more parking meters;
• (z) "parking space" means that part of the roadway or part of a municipal car park, the use of which is designated for the purpose of parking a vehicle;
• (aa) "pedestrian" means a person on foot, and includes a person in a wheelchair or on a motorized scooter designed for use on a sidewalk, and a child in a baby carriage or on toy vehicle;
• (ab) "Police Force" and "Police Department" mean the Hamilton Police Service;
• (ac) "Police Officer" means an Officer of the Hamilton Police Service and includes the Chief of Police, but does not include a Special Constable, a First Nations Constable, a Municipal Law Enforcement Officer or an Auxiliary member of a police force; To Regulate On-Street Parking
• (ad) "roadway" means that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively;
• (ae) "school bus" means a bus that:
• (i) is painted chrome yellow; and,
• (ii) displays on the front and rear thereof the words "SCHOOL BUS" and on the rear thereof the words "DO NOT PASS WHEN SIGNALS FLASHING";
• (af) "school crossing" means a pedestrian crossing on a public highway which is marked by lines painted on the pavement, and in which the crossing of the street by school children is normally supervised by a school crossing guard or a Police Officer during those time when children are likely to be walking to or from a local school;
• (ag) "shoulder" means that portion of the highway lying adjacent to the roadway where there is no barrier curb, and which is improved to support a stopped vehicle;
• (ah) "sidewalk" includes all such parts of a highway as are set aside and improved for the exclusive use of pedestrians;
• (ai) "sign, authorized" or "authorized sign" means any sign or roadway, curb or sidewalk marking, or other device placed or erected on a highway under the authority of this By-law for the purpose of regulating, warning or guiding traffic;
• (aj) "sign, official" or "official sign" means a sign approved by the Ministry of Transportation Ontario or a sign set out in Schedule 22 to this By-law;
• (ak) "snow emergency" means a period time commencing upon the declaration by the Chief of Police that a snow emergency is in effect and continuing thereafter;
• (al) "snow emergency condition" means a snow condition that requires or may require the removal of vehicles from city streets for the purpose of snow ploughing or snow removal at any time;
• (am) "snow route" means a city street listed in Schedule 21 on which official signs are erected: To Regulate On-Street Parking
• (i) prohibiting parking at all times; or,
• (ii) prohibiting parking during a snow emergency;
• (an) "stand" or "standing", when prohibited, means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers;
• (ao) "stop" or "stopping" when prohibited, means the halting of a vehicle, even momentarily whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other police officer or of a traffic control sign or signal;
• (ap) "through highway" means a highway or part of a highway set out in Schedule 2 and designated as such by a by-law of The City of Hamilton;
• (aq) "traffic" includes pedestrians, animals which are lead, ridden or herded, vehicles, motorized snow vehicles and other conveyances, either singly or together while using any portion of a highway for the purposes of travel;
• (ar) "traffic control device" means any sign, signal or other roadway, curb or sidewalk marking, or any other device erected or placed under the authority of this By-law for the purpose of regulating, warning or guiding traffic;
• (as) "traffic island" means a portion of a highway so constructed as to separate or direct vehicular traffic onto specific portions of the roadway, or provided for the use or protection of pedestrians;
• (at) "traffic signal" means any device operated manually, electrically or mechanically for the regulation or control of traffic;
• (au) "traffic, one-way" or "one-way traffic" means traffic, not including pedestrians, moving upon a highway in one direction only;
• (av) "trailer" means any vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a side car attached to a motorcycle, a mobile home, another motor vehicle, or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn;
• (aw) "unassumed lane" and "unassumed alley" each mean a lane or alley that has not been assumed by the City; and,
• (ax) "vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road- building machine and any vehicle drawn, propelled or driven by any kind of To Regulate On-Street Parking power, including muscular power, but does not include the cars of electric or steam railways running only upon rails, a wheelchair whether powered or not, or a powered scooter designed for use on a sidewalk; INTERPRETATIONS