Newmarket : Règlement no 2019-63, art. 2 — Definitions In this By-law

Definitions In this By-law:

• “Accessible Parking Permit” means a valid permit issued by the Minister of Transportation under section 26 of the Highway Traffic Act or a valid permit, licence plate or other marker or device bearing the international symbol of access issued by a jurisdiction other than Ontario; “Accessible Parking Space” means a parking space marked by an approved Sign indicating such space to be used for the sole use of Vehicles operated by or used for conveying a Disabled Person; “Authorized Sign” means any Sign, or Roadway, curb or Sidewalk marking, speed Trailer or other device, placed or erected on a Highway under the authority of this By-law for the purpose or regulating, warning or guiding traffic of the parking of Vehicles; “Boulevard” means that portion of the Highway located between the edge of the Roadway and the property line of the Highway which may include the untraveled portion of any Highway, grassed/graveled or paved area, ditches, Sidewalks and paved paths; Commercial Vehicle means any Vehicle, including any Trailer attached thereto, which exceeds 2.6 meters in width or exceeds 7 meters in length, or exceeds 2.5 meters in height, or exceeds 2,500 kg (5500
• lbs) in weight; “Crosswalk” means 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 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; “Disabled Person” shall have the same meaning as in R.R.O 1990, Regulation 581 to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended; “Front Yard” means a Yard extending across the full width of a lot between the front line and the nearest wall of the principle building or structure on the lot “Fire Route” means any Roadway, driveway, lane, ramp or other means of vehicular access to or from a designated building which is designated as a Fire Route by Town’s Fire Department and shall include any part of a parking lot set aside by visible markings or markers for the purpose of vehicular movement; “Fire Route Sign” means permanent legible Signs of a minimum size of 30.38 cm x 45.72 cm (12” x 18”) placed at intervals of not more than 22.86m along the fire access route, which shall display the following information: 1) Fire access route; 2) Parking prohibited; 3) Vehicles will be tagged and/or towed away; and 4) The number of this By-law or the international symbol for prohibited parking as prescribed in the regulations to the Highway Traffic Act; “Highway” includes a common and public Highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of Vehicles and includes the area between the lateral property lines thereof; “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; “Lot Lines” means a boundary of a lot including its vertical projection; “Median” means the portion of a Highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by a physical barrier or an unpaved strip of ground; "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; “Municipal Law Enforcement Officer” includes, for the purposes of this By-law, a Municipal Law Enforcement Officer appointed by the Town and an Officer of the York Regional Police Services; “Municipal Parking Areas” means those areas on municipally owned land, excluding Roadways or Highways, specifically set aside for the parking of Vehicles which is owned or operated by the Town; “Officer” means a Police Officer as defined under the Police Services Act, R.S.O. 1990, c/ P15, as amended, is an individual appointed by the Town as a Municipal Law Enforcement Officer pursuant to section 15 of the Police Services Act, as amended, or any other individual designated by the Town to enforce this By-law; “Occupant” means: 1) the tenant of Private Property or part thereof whose consent shall extend only to the control of the land of which he is the tenant and any parking spaces allotted to him under his lease or tenancy agreement; 2) the spouse of a tenant; 3) a person, a municipality or a local board thereof, having an interest in the property under an easement or right-of-way granted to or expropriated by the person, municipality or local board whose consent to permit parking on Private Property shalI extend only to that part of the property that is subject to the easement or right-of-way; 4) a person authorized in writing by an Occupant as defined in clauses (1), (2), or (3) of this section to act on the Occupants behalf for requesting the enforcement of this bylaw; “Owner of Land” means an owner of real property in accordance with the land title record of the province; “Owner of a Vehicle” means an owner in accordance with the Ministry of Transportation records. “ ‘Park’ or ‘Parking’ Where 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; “Parking Infraction” means any unlawful parking, standing, or stopping of a Vehicle that constitutes an offence; “Parking Permit” means any Parking Permit issued to any person or any Vehicle by the Town of Newmarket for the purpose of permitting parking; “Penalty Notice” means a ticket issued pursuant to the Town of Newmarket Administrative Monetary Penalty System By-law 2019-62"; “Pedestrian Crossover” means any part of a Roadway, designated by by-law, and distinctly marked for pedestrian crossing by Signs on the Highway and lines or other markings on the surface of the Roadway; “Private Property” means property that has been clearly marked as such by fences or on which a legible Sign or Signs have been erected by the Owner, the Occupant, or an agent for either, forbidding trespass or parking on a private road or driveway; “Private Roadway” means any private road, lane, ramp, or other means of vehicular access to and egress from a building or structure, and it may include part of a parking lot; “Rear Yard ” means a Yard extending across the full width of a lot between the rear Lot Line and the nearest main wall of any main building or structure on the Lot; “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 Roadway s, the term " Roadway " refers to any one Roadway separately and not to both or all of the Roadways collectively; “School Bus Loading Zone” means an area marked by Signs indicating such area to be for the sole use of school buses engaged in receiving or discharging passengers; "School Crossing " means a pedestrian crossing on a public Highway where the crossing of the street by school children is normally supervised by a School Crossing guard or a Police Officer during those Time s when children are likely to be walking to or from a local school; “School Zone” means the area on a Highway marked by Signs within 100m (328.08 ft.) of a school entrance/exit or Crosswalk; “Sidewalk” means that portion of a Highway between the curb lines, or the lateral lines of a Roadway and the adjacent property lines, intended for the use of pedestrians; “Side Yard ” means a Yard extending across the full width of a lot between the rear Lot Line and the nearest main wall of any main building or structure on the Lot; “ ‘Sign’ or ‘Signage’ ” includes one or more Signs, markings and any other appropriate devices that provide notice of parking regulations and that comply with all applicable requirements of the Highway Traffic Act and the regulations made under that Act; “Special Enforcement Zone” means an area, approved by Council and identified in Schedule 7 of the By-law, that requires higher monetary penalties to encourage compliance with parking regulations; “ ‘Stand’ or ‘Standing’ Where 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; “ ‘Stop’ or ‘Stopping’ Where Prohibited ” means the halting of a Vehicle, even momentarily, whether occupied or not, except when necessary to avoid other traffic or to comply with a traffic control Sign or Sign al or with the directions of a police Officer; “Time” means any hour or other period of Time refers to standard Time when standard Time is in effect and daylight-saving Time when daylight-saving Time is in effect; “Town” means the Corporation of the Town of Newmarket; “Trailer” means a Trailer as defined in the Highway Traffic Act; “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; “Unauthorized Motor Vehicle” means a Vehicle that does not have

a permit properly affixed and displayed in accordance with the provisions set forth in this By-law; “Vehicle” includes a Motor Vehicle, Trailer, traction engine, farm tractor, road-building machine, and any Vehicle drawn, propelled or drive by any kind of power, including muscular power, but does not include a motorized snow Vehicle or the cars of an electric or steam railway running only upon rails; “Unauthorized Area” means:

• 1) a Front Yard or Side Yard, except as otherwise permitted under the Town’s Zoning By-law 2010-40, as amended;
• or 2) the Boulevard, except where parking, standing, or stopping is authorized by Town of Newmarket by-law;
• “Yard” means an open space on a lot appurtenant to a building and unoccupied by buildings or structures.