Acts and Regulations

M-22 - Municipalities Act

Section 164
Disposition versions

Full text
Parking
164(1)In this section and in any by-law made thereunder
“parking” includes permitting a vehicle to occupy a parking space;(stationnement)
“parking meter” means a machine placed or installed at or near a parking space for the purpose of timing, indicating, regulating and controlling the use and occupation by vehicles of such parking space;(parcomètre)
“parking space” means a space that under a by-law made under this section is provided for the parking of vehicles(emplacement de stationnement)
(a) for which a parking meter is installed, or
(b) is located in a parking zone for which a pay and display machine is installed;
“parking zone” means a street, portion of a street, parking lot or parking facility approved by the council for the purpose of parking vehicles and on or in which parking meters or a pay and display machine is installed to collect a fee for the use and occupation of a parking space;(zone de stationnement)
“pay and display machine” means a machine that(horodateur)
(a) is placed or installed at or near a parking zone for the purpose of regulating and controlling the use and occupation by vehicles of parking spaces within the parking zone, and
(b) upon appropriate payment, issues a receipt indicating the amount of time for which the toll that has been paid authorizes a vehicle to use and occupy a parking space and at what time the authorized use and occupation of the space expires;
“street” means a public square, avenue, road, alley, highway, lane, path or other public place located in the municipality designated and intended for or used by the general public for the passage of vehicles;(rue)
“vehicle” means a device in, upon or by which any person or property may be transported or drawn upon a highway.(véhicule)
164(2)A council by by-law, may
(a) provide for parking spaces in parking zones,
(b) provide for the installation of parking meters in or near parking spaces,
(b.1) provide for the installation of pay and display machines in or near parking zones,
(c) impose a toll for the parking of a vehicle in a parking space and fix the amount thereof for different periods of time,
(d) provide that the payment of the toll is made by inserting a coin in the receptacle provided or in such other manner as is indicated on the parking meter or the pay and display machine,
(d.1) provide that where a parking space is located in a parking zone for which a pay and display machine is installed, the receipt issued by the machine after payment of the toll shall be displayed in the front window of the vehicle parking in the parking space,
(e) prohibit the parking of a vehicle in a parking space without payment of the toll,
(f) provide that during certain specified periods of time a vehicle may be parked in a parking space without payment of the toll,
(g) provide for the payment of a voluntary penalty of an amount fixed by a Council by any person for a breach of a by-law made under the authority of this section, and
(h) provide that permits be issued for a prescribed fee permitting the holders of such permits to use or occupy a parking space without the payment of the toll.
164(3)In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law
(a) that he or she found the vehicle in a parking space and that a parking meter was installed for that space,
(b) that the parking meter installed for such parking space did not show or indicate that the toll imposed by the by-law has been paid, or that the parking meter installed for the use of such parking space showed or indicated that the time for which the toll had been paid for the use of the parking space had elapsed,
(c) that, at the time of finding the vehicle in the parking space, he or she found the parking meter to be in good working order after testing it by inserting a coin in the receptacle provided or by carrying out any other testing provided for in the by-law, and
(d) that the word “violation” or “expired”, or the numbers “00:00”, on the indicator indicates that the toll imposed by the by-law for the use of the parking space had not been paid or that the time for which the toll had been paid had elapsed,
is evidence that the vehicle was parked in a parking space without payment of the toll imposed by the by-law or was parked in a parking space for a longer period of time than the toll prescribed by the by-law for the use of such parking space permitted, unless the contrary is proved.
164(4)In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law
(a) that he or she found the vehicle in a parking space located in a parking zone for which a pay and display machine was installed,
(b) that the receipt displayed in the vehicle indicated that the time for which the toll had been paid for the use of the parking space had elapsed or that there was no receipt displayed in the vehicle, and
(c) that, at the time of finding the vehicle in the parking space, he or she found the pay and display machine to be in good working order after testing it by inserting a coin in the receptacle provided or by carrying out any other testing provided for in the by-law,
is evidence that the vehicle was parked in a parking space in a parking zone without payment of the toll imposed by the by-law or was parked in a parking space in a parking zone for a longer period of time than the toll prescribed by the by-law for the use of a parking space in that parking zone permitted, unless the contrary is proven.
1966, c.20, s.164; 1969, c.58, s.20; 1983, c.56, s.12; 2003, c.27, s.57
Parking
164(1)In this section and in any by-law made thereunder
“parking” includes permitting a vehicle to occupy a parking space;
“parking meter” means a machine placed or installed at or near a parking space for the purpose of timing, indicating, regulating and controlling the use and occupation by vehicles of such parking space;
“parking space” means a space that under a by-law made under this section is provided for the parking of vehicles
(a) for which a parking meter is installed, or
(b) is located in a parking zone for which a pay and display machine is installed;
“parking zone” means a street, portion of a street, parking lot or parking facility approved by the council for the purpose of parking vehicles and on or in which parking meters or a pay and display machine is installed to collect a fee for the use and occupation of a parking space;
“pay and display machine” means a machine that
(a) is placed or installed at or near a parking zone for the purpose of regulating and controlling the use and occupation by vehicles of parking spaces within the parking zone, and
(b) upon appropriate payment, issues a receipt indicating the amount of time for which the toll that has been paid authorizes a vehicle to use and occupy a parking space and at what time the authorized use and occupation of the space expires;
“street” means a public square, avenue, road, alley, highway, lane, path or other public place located in the municipality designated and intended for or used by the general public for the passage of vehicles;
“vehicle” means a device in, upon or by which any person or property may be transported or drawn upon a highway.
164(2)A council by by-law, may
(a) provide for parking spaces in parking zones,
(b) provide for the installation of parking meters in or near parking spaces,
(b.1) provide for the installation of pay and display machines in or near parking zones,
(c) impose a toll for the parking of a vehicle in a parking space and fix the amount thereof for different periods of time,
(d) provide that the payment of the toll is made by inserting a coin in the receptacle provided or in such other manner as is indicated on the parking meter or the pay and display machine,
(d.1) provide that where a parking space is located in a parking zone for which a pay and display machine is installed, the receipt issued by the machine after payment of the toll shall be displayed in the front window of the vehicle parking in the parking space,
(e) prohibit the parking of a vehicle in a parking space without payment of the toll,
(f) provide that during certain specified periods of time a vehicle may be parked in a parking space without payment of the toll,
(g) provide for the payment of a voluntary penalty of an amount fixed by a Council by any person for a breach of a by-law made under the authority of this section, and
(h) provide that permits be issued for a prescribed fee permitting the holders of such permits to use or occupy a parking space without the payment of the toll.
164(3)In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law
(a) that he or she found the vehicle in a parking space and that a parking meter was installed for that space,
(b) that the parking meter installed for such parking space did not show or indicate that the toll imposed by the by-law has been paid, or that the parking meter installed for the use of such parking space showed or indicated that the time for which the toll had been paid for the use of the parking space had elapsed,
(c) that, at the time of finding the vehicle in the parking space, he or she found the parking meter to be in good working order after testing it by inserting a coin in the receptacle provided or by carrying out any other testing provided for in the by-law, and
(d) that the word “violation” or “expired”, or the numbers “00:00”, on the indicator indicates that the toll imposed by the by-law for the use of the parking space had not been paid or that the time for which the toll had been paid had elapsed,
is evidence that the vehicle was parked in a parking space without payment of the toll imposed by the by-law or was parked in a parking space for a longer period of time than the toll prescribed by the by-law for the use of such parking space permitted, unless the contrary is proved.
164(4)In a prosecution for violation of a by-law made under this section, evidence by a police officer or a person authorized by by-law
(a) that he or she found the vehicle in a parking space located in a parking zone for which a pay and display machine was installed,
(b) that the receipt displayed in the vehicle indicated that the time for which the toll had been paid for the use of the parking space had elapsed or that there was no receipt displayed in the vehicle, and
(c) that, at the time of finding the vehicle in the parking space, he or she found the pay and display machine to be in good working order after testing it by inserting a coin in the receptacle provided or by carrying out any other testing provided for in the by-law,
is evidence that the vehicle was parked in a parking space in a parking zone without payment of the toll imposed by the by-law or was parked in a parking space in a parking zone for a longer period of time than the toll prescribed by the by-law for the use of a parking space in that parking zone permitted, unless the contrary is proven.
1966, c.20, s.164; 1969, c.58, s.20; 1983, c.56, s.12; 2003, c.27, s.57