Part C - Parking required for persons with disabilities

Section 111

1. An Obligated organization as defined in  the Accessibility for Ontarians with  Disabilities Act, 2005 shall ensure when constructing a new or redeveloping an off-street parking facility that it intends to  maintain, that the off-street parking facility  meets the requirements of  Ontario Regulation 191/11, as amended and passed under the Accessibility for Ontarians with Disabilities Act, 2005, as pertaining to the “Integrated  Accessibility Standards”, or any successor Regulation thereto.
2. Every owner or operator of a public parking area to which Ontario Regulation 191/11, as amended and passed under the Accessibility for Ontarians with Disabilities Act, 2005, does not apply, shall provide reserved parking spaces for the exclusive use of persons with disabilities, or persons conveying persons with disabilities, to park their motor vehicles, in accordance with at least the amount prescribed by the following Table:

Section 112 - Parking space requirements

1. The reserved parking spaces referred to in the Table at Section 111 (2) shall be:
   1. of a width:
      1. of three point sixty-six (3.66) metres each; or
      2. as specified on a plan approved by the City in accordance with Section 35a of The Planning Act, R.S.O. 1970, c.349, as amended, prior to 28 January 1981;
   2. of a length so as to be the same length as the other parking spaces in the same parking facility;
   3. hard surfaced;
   4. level;
   5. placed so as to be accessible to persons with disabilities whether via ramps, depressed curbs, or other appropriate means, and so placed as to permit easy access by such persons to or from a motor vehicle parked therein; and
   6. identified by authorized signs as prescribed in subsection 113(1).

Section 113 - Authorized signs

1. Authorized signs for parking spaces for persons with disabilities shall comply with the signs described under Section 11 of Ontario Regulation 581 made under the Highway Traffic Act.
2. The public parking area owner and operator shall be jointly responsible for the procurement and installation of the authorized signs.
3. The public parking area owner and operator shall be jointly responsible:
   1. for the maintenance of the authorized signs; and
   2. for ensuring that the shape, symbols and colours of the authorized signs conform to the provisions of subsection (1) hereof.

Section 114 - Appropriate fee

Persons with disabilities shall not be required to pay an amount in excess of the normal fee paid by other users of the same public parking facility.

Section 115 - Prohibited parking - prohibited use of permit

1. No person shall park or leave a motor vehicle in a public parking area in a parking space reserved for persons with disabilities and identified by authorized signs as prescribed by subsection 113(1) of this by-law, unless a valid accessible parking permit is displayed on its dashboard or on the sun visor in accordance with the provisions of the Highway Traffic Act.
2. The provisions respecting the placement of a valid accessible parking permit referred to in subsection (1) shall be deemed to be satisfied if a valid accessible parking permit is placed on the dashboard or on the sun visor of the motor vehicle at the request of a constable, a municipal by-law enforcement officer or a public parking area owner or operator.
3. No public parking area owner or operator shall authorize any person to park or leave a motor vehicle in a space reserved for persons with disabilities and identified by authorized signs as prescribed by subsection 113(1) of this by-law unless,
   1. the driver is a person with a disability, or a person conveying a with a disability; and
   2. a valid accessible parking permit is displayed on the dashboard or on the sun visor of said vehicle in accordance with the provisions of the Highway Traffic Act.
4. No person, other than the person to whom it was issued or a person conveying the person to whom it was issued or a person providing transportation services for a corporation or organization to whom it was issued to provide transportation services primarily to persons with disabilities, shall use or display an accessible parking permit issued to a person with a disability
5. Despite the other provisions of this by-law, a municipal by-law enforcement officer, a constable or an officer appointed for carrying out the provisions of Part “B” of this by-law does not require a complaint of the public parking area owner or operator to enforce the provisions of subsection (1).
6. The appointment of municipal by-law enforcement officers to enforce Part “B” of this by-law shall be deemed to be sufficient authority to enforce the provisions of subsection (1).
7. A displayed accessible parking permit shall not be valid when the motor vehicle in or on which it is displayed is not actually being used for the purposes of picking up or transporting a person with a disability.

Section 116 - Free access

Public parking area owners and operators shall maintain unobstructed access to each parking space identified by authorized signs as prescribed by subsection 113(1) of this by-law and each space shall be kept free of snow or otherwise maintained to the same standards as all other parking spaces in the same parking facility.

Section 117 - Offences and fines

1. Any public parking area owner or operator who contravenes any of the provisions of Sections 112 113 or 114 or subsection 115(3) is guilty of an offence.
2. Any person who contravenes the provisions of subsections 115(1) or 115(4) is guilty of an offence.
3. 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.
4. Any person who is issued a parking infraction notice for alleged violation of subsection 115(1) hereof because a valid accessible parking permit was not displayed and who within thirty (30) days (exclusive of Saturdays and holidays) from the date of issue of the parking infraction notice obtains a valid accessible parking permit, upon presentation of the said notice and the said permit at the office of the issuer of the said notice, shall not be required to pay the penalty for the alleged violation of the provisions of the said notice.