Prohibiting parking on private or municipal property
131. For prohibiting the parking or leaving of motor vehicles on private property without the consent of the owner or occupant of the property and on property owned or occupied by the municipality or any local board thereof without the consent of the municipality or local board, as the case may be. (a) A by-law passed under this paragraph may provide for the removal or impounding of any vehicle, at its owner’s expense, parked or left contrary to the by-law. (b) Subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to a by-law passed under this paragraph. (c) The driver of a motor vehicle, not being the owner, is liable to any penalty provided under a by-law passed under this paragraph, 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. (d) If a municipal council has appointed a person who is not an employee of the municipality as a municipal by-law enforcement officer under section 15 of the Police Services Act for enforcing a by-law under this paragraph, the municipal council shall ensure that the person is properly trained to perform the duties arising out of the appointment and is properly supervised having regard to the nature of those duties. (d.1) If a municipal council has entered into an agreement with another municipality for that other municipality to be responsible for the enforcement of the by-law, the other municipality is responsible for ensuring the person is properly trained and supervised under clause (d). (d.2) The supervision required under clause (d) or (d.1) shall be performed by an employee of the municipality or, with the consent of the appropriate police services board, by a member of a municipal, regional or metropolitan police force having jurisdiction in the municipality which passed the by-law under this paragraph. Definition (e) In clause (d), “employee” means an employee as defined in paragraph 46 of section 207. (f) Where an owner or occupant of property affected by a by-law passed under this paragraph 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. (g) If it is alleged in a proceeding that a by-law passed under this paragraph 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, (i) the ownership or occupancy of the property, (ii) the absence of the consent of the owner or occupant, and (iii) whether any person is an occupant within the meaning of subclause (iv) of the definition of “occupant” set out in clause (i) or is an owner within the meaning of subclause (v) of the definition of “owner” set out in clause (i). (h) A document offered as evidence under clause (g) shall be admitted without notice under the Evidence Act. Definitions (i) In this paragraph, “occupant” means, (i) the tenant of the property or part thereof whose consent shall extend only to the control of the land held by the tenant and any parking spaces allotted to the tenant under the lease or tenancy agreement, (ii) the spouse or same-sex partner of a tenant, (iii) a person or 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 shall extend only to the part of the property that is subject to the easement or right of way, (iv) a person authorized in writing by an occupant as defined in clause (i), (ii) or (iii) of this definition to act on the occupant’s behalf for requesting the enforcement of a by-law passed under this paragraph; “owner” when used in relation to property means, (i) the registered owner of the property, (ii) the registered owner of a condominium unit, whose consent shall extend only to the control of the owner’s unit and any parking spaces allotted to the owner by the condominium corporation or reserved for the owner’s exclusive use in the declaration or description of the property, (iii) the spouse or same-sex partner of a person described in clause (i) or (ii) of this definition, (iv) where the property is included in a description registered under the Condominium Act, the board of directors of the condominium corporation, (v) a person authorized in writing by the property owner as defined in clause (i), (ii), (iii) or (iv) of this definition to act on the owner’s behalf for requesting the enforcement of a by-law passed under this paragraph. R.S.O. 1990, c. M.45, s. 210, par. 131; 1991, c. 15, s. 6; 1999, c. 6, s. 40 (7).