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Part B - Parking - Private property and city property

Parking - private property and city property

Section 92 - Definitions

  1. In this part:
    1. “owner”, when used in relation to property, mean:
      1. the registered owner of the property;
      2. the registered owner of a condominium unit whose consent shall extend only to the control of the unit of which he or she is owner and any parking spaces allotted to him or her by the condominium corporation or reserved for his or her exclusive use in the declaration or description of the property;
      3. the spouse of a person described in subparagraph (i) or (ii), hereof;
      4. where the property is included in a description registered under The Condominium Act, S.O. 1998, c. 19 as amended, the board of directors of the condominium corporation; and
      5. a person authorized in writing by the property owner as defined in subparagraph (i), (ii), (iii) or (iv) hereof to act on the owner's behalf for requesting the enforcement of this part of the by-law;
    2. “occupant” means:
      1. the tenant of the property or part thereof whose consent shall extend only to the control of the land of which he or she is tenant and any parking spaces allotted to him or her under his or her lease or tenancy agreement;
      2. the spouse of a tenant;
      3. a person, the City of Ottawa, 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, the City of Ottawa or local board whose consent shall extend only to the part of the property that is subject to the easement or right of way; and
      4. a person authorized in writing by an occupant as defined in subparagraph (i), (ii) or (iii) hereof to act on the occupant’s behalf for requesting the enforcement of this part of the by-law.

Sections 93 to 107 - General regulations

Section 93

  1. The driver of a motor vehicle, not being the owner, is liable to any penalty provided under this part of the by-law, and the owner of a motor vehicle is also liable to such a penalty unless 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.
  2. Subject to subsection (4), the driver or owner of a motor vehicle parked or left on private property is not liable to any penalty or to have the motor vehicle removed from such property or impounded under this part of the by-law except upon the written complaint of the owner or occupant of the property given to a constable or officer appointed for the carrying out of the provisions of this part of the by-law.
  3. Where an owner or occupant of property affected by this part of the by-law has posted signs stating conditions on which a motor vehicle may be parked or left on the property or prohibiting the parking or leaving of a motor vehicle on the property, a motor vehicle parked or left on the property contrary to such conditions or prohibition shall be deemed to have been parked or left without consent.
  4. If it is alleged in a proceeding that a provision of Part “B” of this by-law has been contravened, the oral or written evidence of a police officer, police cadet or municipal by-law enforcement officer is receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein in respect of,
    1. the ownership of occupancy of the property;
    2. the absence of the consent of the owner or occupant; and
    3. whether any person is an owner or an occupant as defined in Section 110.
  5. A document offered as evidence under subsection (4) hereof shall be admitted without notice under the Evidence Act.

Section 94

No person shall park or leave any motor vehicle on private property without the consent of the owner or occupant of the property.

Section 95

Whenever a motor vehicle is parked or left on private property without the express authority of the owner or occupant of such property, a police officer, police cadet, municipal by-law enforcement officer or an officer appointed for the carrying out of the provisions of subsection 170(15) of the Highway Traffic Act, upon the written complaint of the owner or occupant of the property, may cause the said 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, shall be paid by the owner of the said motor vehicle and such costs and charges shall be a lien upon the said motor vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, c.25 as amended.

Section 96

No person shall park or stop a vehicle on a park except on the portion of the park specified as a parking area.

Section 97

No person shall park a vehicle on a park or permit a vehicle to remain parked on the portion of the park specified as a parking area between the hours of 11:00 p.m. of one day and 5:00 a.m. of the next following day except as a participant or spectator of a function approved by the General Manager of Recreation, Cultural and Facility Services pursuant to By-law No. 2004-276, the Parks and Facilities By-law, or except with the written approval of the General Manager of Public Works and Environmental Services.

Section 98

Despite the provisions of Sections 97 and 98, the General Manager of Public Works and Environmental Services may authorize vehicles and equipment relating to maintenance, construction and programming that are operating from or under the direction of the City of Ottawa to operate or park on a park, when necessary.

Section 99

  1. No person shall bring a vehicle onto the park known as “Brewer Park” between the hours of 11:00 p.m. of one day and 7:00 a.m. of the next following day, without first obtaining the written approval of the General Manager of Public Works and Environmental Services to do so.
  2. No person shall park or stop a vehicle or permit a vehicle to be parked or stopped on the park known as “Brewer Park” between the hours of 11:00 p.m. of one day and 7:00 a.m. of the next following day, without first obtaining the written approval of the General Manager of Public Works and Environmental Services to do so.
  3. Every person who obtains the written approval of the General Manager of Public Works and Environmental Services to park or stop on a park pursuant to Section 98 and subsection 100(2) shall display the written approval on the dashboard of the vehicle so as to be clearly visible from the outside of the vehicle.

Section 100

Where the City has posted signs stating the conditions on which a vehicle may be parked or left on the park or prohibiting the parking or leaving of a vehicle on the park, a vehicle parked or left on the park contrary to such conditions or prohibition shall be deemed to have been parked or left without consent. 

Section 101

No person shall park or permit a vehicle to be parked on the portion of the park specified as a parking area contrary to any conditions or prohibitions that are stated on the posted signs.

Section 102

  1. Where a parking payment device has been erected in a park, no person shall park a vehicle or permit a vehicle to remain parked in the paid parking zone in the park during the days and hours indicated on the paid parking device unless:
    1. the parking payment device is used;
    2. the fee in accordance with the rate per hour indicated on the parking payment device is deposited into the parking payment device by means of:
      1. depositing the denomination of coin required as indicated on the parking meter;
      2. depositing one or more tokens;
      3. swiping or inserting a credit card, parking card, proximity card; or,
      4. using the pay-by-phone component of the Parking Operation System;
    3. the parking payment device is activated; and,
    4. the payment parking device, or the receipt issued by it and placed on the vehicle’s dashboard, indicates unexpired time paid for in accordance with the rate per hour. 

Section 103

No person shall park or leave any motor vehicle on City property which parking is by sign designated as an area in which parking is prohibited.

Section 104

No person shall park or leave any motor vehicle on City property where an area is by sign designated as reserved unless the area is reserved for such person or class of persons.

Section 105

No person shall park or leave any motor vehicle on property of the City where parking is by sign regulated by time limits for a longer period of time than that set out on the sign.

Section 106

No person shall park or stop a motor vehicle or permit a motor vehicle to remain parked or stopped on City property in an area designated by sign as a loading zone except for the purpose of and while actually engaged in loading thereon or unloading therefrom passengers, freight or merchandise.

Section 107

  1. Where an electric vehicle parking space has been identified on City property, no person shall park a motor vehicle or permit a motor vehicle to remain parked that does not conform to the following:
    1. the electric vehicle charging station has been activated for its intended purpose;
    2. any required fee is deposited therein in accordance with the rate displayed on each electric vehicle charging station;
    3. any other posted electric vehicle parking space restrictions

Sections 108 and 109 - Offences and fines

Section 108

  1. Every person who contravenes any of the provisions of Part “B” of this by-law is guilty of an offence.
  2. Every person who is convicted of an offence is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33 as amended.

Section 109

Whenever a motor vehicle is parked or left in an unauthorized area on City property and is in contravention of any provision of Part “B” hereof, a police officer, police cadet, municipal by-law enforcement officer or an officer appointed for the carrying out of the provisions of subsection 170(15) of the Highway Traffic Act, upon the written complaint of an authorized employee of the City may cause the said 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, shall be paid by the owner of the said motor vehicle and such costs and charges shall be a lien upon the said motor vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, c. 25 as amended.

Section 110 - Part "B" of by-law application

Part “B” of this by-law does not apply to motor vehicles that do not have a number plate issued by an authority having jurisdiction to require registration of motor vehicles displayed on it at the time the offence was committed.