​​Towing Procedure – Town Property and Parking Scofflaws​

Purpose statement 

This procedure sets out the process for towing vehicles parked in contravention of Town of Oakville parking by-laws and towing vehicles registered to parking scofflaws.  

Scope 

This procedure applies to vehicles parked on municipal rights-of-way or on other Town property and to parking scofflaws with over $500 in outstanding penalties.  

Procedure 

Part 1 

Towing from Town Property and Municipal Rights-of-Way with Timed Parking Restrictions  

  1. Town Property: Tows from Town property must be requested by authorized Town staff. Prior to initiating a tow in accordance with Towing procedures, a Mobile Compliance Officer will issue a penalty notice and attempt to contact the registered owner of the vehicle to request that the vehicle be removed from Town property. 
  2. Municipal Rights-of-Way: A Mobile Compliance Officer may issue a penalty notice if a vehicle is parked in contravention of timed parking restrictions on a municipal right-of-way. Prior to initiating a tow in accordance with Towing procedures, if multiple penalty notices are issued for the same vehicle at the same location, the Officer will attempt to contact the registered owner to request that the vehicle be moved.

Immediate Tows 

A Mobile Compliance Officer may arrange for the immediate tow of a vehicle in the following circumstances: 

  • Snow removal obstruction 
  • Entrance/egress obstruction  
  • Road construction obstruction 
  • Other immediate safety or priority concerns as approved by the Supervisor - Enforcement Services or Manager - Enforcement Services.

Prior to arranging an immediate tow and where practicable, the Officer will notify the registered owner of the vehicle and request that the vehicle be moved/removed.  

Special Event Towing 

Only the Supervisor - Enforcement Services or the Town staff organizing the event may authorize a Mobile Compliance Officer to arrange for a vehicle to be towed from a special event. If authorized and where practicable, the Officer will attempt to contact the registered owner of the vehicle and request that the vehicle be removed. If the Officer is unable to contact the registered owner or the owner fails to remove the vehicle, the Officer may arrange to have the vehicle towed through Halton Regional Police or a Town approved contract.  

Part 2  

Parking Scofflaws 

The registered owner of a vehicle is considered to be a parking scofflaw when their vehicle has over $500 in outstanding penalties. Any parking permits issued to the vehicle will be revoked and new requests for parking permits will be denied. Parking scofflaws cannot renew parking permits until outstanding penalties are paid. 

Part 3  

Towing Procedure 

If a Mobile Compliance Officer is unable to contact the registered owner of a vehicle parked in contravention of Town parking by-laws or the owner fails to move or remove the vehicle, the Officer may: 

  1. Issue a Penalty Notice: Issue a penalty notice if the vehicle is parked in contravention of Town parking by-laws.  
  2. Issue a Notice of Impending Tow: Issue a Notice of Impending Tow allowing at least 24 hours for compliance, unless deemed an immediate tow or a tow from a special event. 
  3. Determine Whether the Registered Owner is a Parking Scofflaw: The Officer will determine if the registered owner of the vehicle is a parking scofflaw. 
  4. Proceed with Towing: Upon the expiry of the 24-hour compliance period outlined in the Notice of Impending Tow, a Mobile Compliance Officer shall:  
    1. return to determine whether the vehicle has been moved/removed. If the vehicle remains in place and requires towing, the Officer shall issue a penalty notice and  
    2. arrange towing through Halton Regional Police or a Town approved contract; and 
    3. if the registered owner of the vehicle is a parking scofflaw, determine whether outstanding penalties have been paid. If outstanding penalties have not been paid, the Officer will flag the registered owner of the vehicle and licence plate as a parking scofflaw in the Town’s parking management software. 

Vehicles displaying an accessible parking permit are exempt from towing under the Parking Scofflaws procedure, although penalty notices may still be issued. The owner will be subject to conventional collection of outstanding penalties, including the use of collection agencies.   

Consequences of Outstanding Penalties After the Expiry of the 24-Hour Compliance Period 

  1. The vehicle has been moved but is later found parked in contravention of the applicable parking by-law and outstanding penalties remain unpaid by the parking scofflaw:  
    • The Mobile Compliance Officer shall issue a penalty notice. 
    • The vehicle may be towed.  
  2. The vehicle has been moved, outstanding penalties remain unpaid by the parking scofflaw, but the vehicle is parked in compliance with applicable parking by-laws: 
    • No action shall be taken by the Mobile Compliance Officer. 
  3. The vehicle is parked in contravention of the applicable parking by-law, but outstanding penalties have been paid by the parking scofflaw: 
    • The Mobile Compliance Officer may follow Part 3 – Towing Procedure, excluding the parking scofflaw-related steps.

Part 4 

 Plate Denial 

In Ontario, licence plates are automatically renewed annually if the vehicle owner: 

  • drives a passenger vehicle, light commercial vehicle, motorcycle or moped; 
  • has valid insurance; and 
  • does not owe any fines, fees or tolls.

Outstanding fines, including municipal parking penalties, must be paid before a licence plate can be renewed. The Town of Oakville reports outstanding penalties to the Province, which may result in plate denial until all outstanding amounts are paid.   

Out-of-Province Parking Scofflaws 

Vehicles registered outside of Ontario are not subject to the provincial plate denial program. To address outstanding penalties for these vehicles, the following measures may be taken: 

  1. The steps set out in Part 3 – Towing Procedure may be followed;  
  2. Any parking permits issued to the out-of-province vehicle will be revoked and/or denied. Parking scofflaws cannot renew parking permits until outstanding penalties are paid;  
  3. Outstanding penalties for out-of-province vehicles may be sent to a collection agency for recovery.

References and related documents 

Parking Administrative Penalties 
Administrative Penalties Procedure 
Traffic By-law 
Municipal Right-of-Way By-law 
Parks By-law 
Paid Parking Zone By-law 
Parking Vehicles on Town Parking Lots By-law 

Definitions 

“Accessible Parking Permit” means: 

  1. a current and valid parking permit for a person with a disability issued by the Ministry of Transportation under the provisions of the Highway Traffic Act; or 
  2. a current and valid permit, number plate or other marker or device bearing the international symbol of access for people with disabilities which has been issued by a legally recognized jurisdiction outside Ontario.  

“Authorized town staff”: employee or agent of the Town of Oakville who has direct knowledge of the subject property and its relation to the vehicle subject to towing  

“Municipal Right of Way” means land owned by the Town as opened or unopened road allowances for the purposes of a public highway under the Municipal Act, 2001, but excludes Town lands owned or operated as parkland, creeks and watercourses, and related public trail systems. 

“Mobile Compliance Officer” means a Mobile Compliance Officer employed by the Town of Oakville to enforce by-laws. 

“Notice of Impending Tow” means a notice posted on a vehicle advising the owner that they have 24 hours to comply or the vehicle may be towed at the owner’s expense. 

“Outstanding Penalties” means unpaid administrative penalties and related fees for parking infractions. 

“Parks” means as defined in Parks By-law 2013-013, as amended. 

“Parking Scofflaw” means the registered owner of a vehicle who has accumulated over $500 in outstanding penalties, including vehicles with out-of-province licence plates.   

“Penalty Notice” means a notice issued pursuant to the provisions of Parking Administrative Penalties Bylaw 2015-071, as amended, or successor by-laws. 

“Special Event” means a one-time, infrequent or non-routine occurrence, activity or group of activities planned to mark a special occasion or to achieve specific social, cultural or economic objectives held under a special event permit.  

“Timed Parking Restrictions” means timing restrictions as set out in Schedule 10 - Overnight Parking of Traffic By-law 1984-1; namely no parking between the hours of 2:00 am and 6:00 am, or no parking between the hours of 12:00 am and 7:00 am. Excludes other no parking and no stopping timing restrictions found in the Traffic By-law. 

“Tow, Towing” means the removal and impounding of a vehicle at the vehicle owner’s expense in accordance with this By-law, and includes:  

  1. the transportation of motor vehicles; 
  2. any ancillary activity such as lifting a motor vehicle for the purposes of loading, towing or transporting it or placing it onto a truck or trailer for the purpose of towing or transporting; and 
  3. any other prescribed activity under the Towing and Storage Safety and Enforcement Act, 2021, S.O. 2021, c. 26, Sched. 3, or successor legislation.

“Town Property” means property that is owned or operated by the Town of Oakville and includes but is not limited to Town Hall, parks, community centres and other Town facilities.  

Responsibilities 

The Director of Municipal Enforcement Services shall be responsible for the administration of this procedure. 

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