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LOCAL GOVERNMENT MODEL BY-LAWS (PARKING FACILITIES) NO. 19 - REG 2

This legislation has been repealed.

LOCAL GOVERNMENT MODEL BY-LAWS (PARKING FACILITIES) NO. 19 - REG 2

2 .         Interpretation

                In these by-laws, unless the context otherwise requires — 

        “bus” means an omnibus within the meaning of section 4 of the Traffic Act ;

        “by-law” means one of these by-laws;

        “carriageway” means a portion of a road that is improved, designed or ordinarily used for vehicular traffic, and includes the shoulders and areas, including embayments at the side or centre of the carriageway, used for the standing or parking of vehicles; and where a road has two or more of those portions divided by a median strip, the expression means each of those portions, separately;

        “commercial vehicle” means a vehicle which comes within the description of a motor wagon as set out in the Second Schedule to the Traffic Act;

        “Council” means the Council of the Municipality of ................;

        “driver” means any person driving or in control of a vehicle;

        “footway” includes every footpath, lane or other place intended for the use of pedestrians only, or habitually used by pedestrians and not by vehicles;

        “form” means a form in the Fourth Schedule to these by-laws;

        “inspector” means a parking inspector appointed by the Council under these by-laws and includes a chief parking inspector and an assistant parking inspector;

        “metered space” means a section or part of a metered zone that is adjacent to a parking meter and that is marked or defined by painted lines or by metallic studs or similar devices for the purpose of indicating where a vehicle may be parked on payment of a fee or charge;

        “metered zone” means any street or reserve, or part of any street or reserve, in which parking meters are installed;

        “Municipality” means the Municipality of.................................;

        “no parking area” means a portion of a carriageway that lies — 

            (a)         between two consecutive white signs inscribed with the words, “No Parking”, in red lettering, and each with an arrow pointing generally towards the other of them; or

            (b)         between a white sign inscribed with the words, “No Standing”, in red lettering, and a dead end or an area in which standing is prohibited and that lies in the general direction indicated by an arrow inscribed on the sign;

        “no standing area” means a portion of a carriageway that lies — 

            (a)         between two consecutive white signs inscribed with the words, “No Standing”, in red lettering, and each with an arrow pointing generally towards the other of them; or

            (b)         between a white sign inscribed with the words, “No Standing”, in red lettering, and a dead end or an area in which standing is prohibited and that lies in the general direction indicated by an arrow inscribed on the sign;

        “notice” means a notice in the form of Form No. 1 or Form No. 2 issued pursuant to by-law 54;

        “owner” in relation to a vehicle, means the person who is the holder of the requisite vehicle license under the Traffic Act in respect of the vehicle, or, if the vehicle is not licensed under that Act, the person who owns the vehicle or is entitled to the possession of the vehicle;

        “park” means to permit a vehicle, whether attended or not, to remain stationary, except for the purpose of avoiding conflict with other traffic, of complying with provisions of any law or of immediately taking up or setting down persons or goods; and “parking” has a correlative meaning;

        “parking area” means a portion of a carriageway that — 

            (a)         lies between two consecutive white signs inscribed with the word, “Parking”, in green lettering, and each with an arrow pointing generally towards the other of them; or

            (b)         extends, from a white sign inscribed with the word, “Parking”, in green lettering, in the general direction indicated by an arrow inscribed on the sign, to any other sign inscribed with the words, “No Parking”, or “No Standing”, in red lettering, or to a dead end or an area in which the parking or standing of vehicles is prohibited;

        “parking facilities” includes land, buildings, shelters, metered zones, metered spaces, parking stalls and other facilities open to the public generally for the parking of vehicles with or without charge and signs, notices and facilities used in connection therewith;

        “parking meter” includes the stand on which the meter is erected;

        “parking region” means that portion of the district of the Municipality that is constituted a parking region pursuant to these bylaws;

        “parking stall” means a section or part of a street, or of a parking station, which is marked or defined by painted lines or by metallic studs or by similar devices for the purpose of indicating where a vehicle may stand or be parked whether on payment of a fee or charge or otherwise, but does not include a metered space;

        “parking station” means any land, building or other structure provided for the purpose of accommodating vehicles with or without charge, but does not include a metered zone or metered space or private garage;

        “property line” means the boundary between the land comprising a street and the land that abuts thereon;

        “road” means any highway, road, street, lane, thoroughfare or similar place open to, or used by the public and includes every carriageway, footway, reservation, median strip, traffic island or similar place thereon which is within the parking region;

        “Schedule” means a schedule to these by-laws;

        “stand” , in relation to a vehicle, means to stop the vehicle and permit it to remain stationary, except for the purpose of avoiding conflict with other traffic or of complying with the provisions of any law; and

        “standing” has a correlative meaning;

        “street” has the same meaning as road;

        “the Act” means the Local Government Act 1960 ;

        “ticket issuing machine” means a parking meter that is installed by the Council and that issues, as a result of a prescribed coin or coins being inserted in the machine, a ticket showing the period during which it shall be lawful to remain parked in the metered space or parking stall to which it is appurtenant;

        “Traffic Act” means the Road Traffic Act 1974 ;

        [By-law 2 amended by Gazette 25 March 1977 p.892.]