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Village of Barons Bylaw #765
Page 1
Village of Barons
Bylaw No. 765
A BYLAW OF THE VILLAGE OF BARONS IN THE PROVINCE OF ALBERTA, PROVIDING
FOR THE ESTABLISHMENT OF RULES AND REGULATIONS PERTAINING THE
MOVEMENT OF VEHICLE AND PEDESTRIAN TRAFFIC IN THE VILLAGE OF BARONS.
WHEREAS, pursuant to Section 7(d) of the Municipal Government Act, being Chapter M-26 of the
Revised Statutes of Alberta, 2000, current as of March 1, 2016, Council may pass bylaws for municipal
purposes respecting transport and transportation systems, and;
WHEREAS, pursuant to Section 13(1) of the Traffic Safety Act, being Chapter T-6 of the revised
Statutes of Alberta, 2000, Council may make Bylaws for the regulation and control of vehicle, animal and
pedestrian traffic with the municipality, and;
NOW THEREFORE, The Council of the Village of Barons, in the Province of Alberta, duly assembled,
hereby enacts as follows:
PART 1 - DEFINITIONS
1.
This Bylaw may be cited as "The Barons Traffic Bylaw".
2.
In the bylaw, unless the context otherwise requires:
"ACT" means the Revised Traffic Safety Act Statute of Alberta (2000) Ch. T-6 and amendments
thereto;
"ADMINISTRATOR" means the person appointed by Council in accordance with Section 205 of
the Municipal Government Act and is referred to throughout this Bylaw as CAO or Chief
Administrative Officer;
"ALLEY" means a narrow highway intended chiefly to give access to the rear of buildings and
parcels of land and is considered a highway for the purposes of this Bylaw;
"BOULEVARD" means the portion of highway between the curb lines or lateral lines of a
roadway and the adjoining property lines exclusive of the sidewalk; also that portion of a street
between the curb lines or lateral lines of a divided highway,
"COMMERCIAL VEHICLE" means a vehicle defined as a commercial vehicle in the Act.
"COUNCIL" means the Municipal Council of the Village of Barons;
"CROSS WALK" means,
a)
That part of a roadway at an intersection included within the connection of the
Lateral lines of the sidewalks on opposite sides of the highway measured from the
curbs or, in the absence of curbs, from the edge of the roadway, or
Village of Barons Bylaw #765
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b)
Any part of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by signs or by lines or other markings on the road surface,
"CURB" means the actual curb, if there is one, and if there be no curb in existence, shall mean the
division of a highway between that part thereof intended for the use of vehicles and that part
thereof intended for the use of pedestrians;
"DRIVEWAY" means a recognizable, constructed, and designated parking area that leads to and
from a public road to a house or garage;
"HEAVY EQUIPMENT" and/or construction equipment means any equipment or device
designed and intended for use in construction or material handling including but not limited to air
compressors, air tracks, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators,
trenchers, cranes, derricks, loaders, backhoes, scrapers, pavers, generators, haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders, and other material handling
equipment;
"HEAVY VEHICLE" means a motor vehicle, alone or together with any trailer, semi-
trailer, or other vehicle being towed by the motor vehicle with a registration gross weight of 5,000
kilograms or more and/or exceeding 11.0 metres in total length.
"HIGHWAY" means every thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct,
lane, alley, square, bridge, causeway, or other place, whether publicly or privately owned, any part
of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles
within the Village of Barons;
"MOTOR VEHICLE" means every vehicle propelled by any power other than muscular power,
except aircraft, tractors, whether equipped with rubber tires or not, implements of husbandry and
such motor vehicles as run only upon rails;
"OFF-HIGHWAY VEHICLE" as defined in the Act means any motorized mode of
transportation built for cross-country travel on land, water, snow, ice or marsh or swamp land
or on other natural terrain and, without limiting the generality of the foregoing, includes, when
specifically designed for such travel,
a.
4-wheel drive vehicles,
b.
low pressure tire vehicles,
c.
cycles and related 2-wheel vehicles,
d.
amphibious machines,
e.
all terrain vehicles,
f.
miniature motor vehicles,
g.
snow vehicles,
h.
minibikes, and
Village of Barons Bylaw #765
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i.
any other means of transportation that is propelled by any power other than
muscular power or wind,
BUT DOES NOT INCLUDE
j.
motorboats, or
k.
any other vehicle exempted from being an off-highway vehicle by
regulation;
"PARK" means to allow a vehicle (whether occupied or not) to remain in one place except:
a)
When standing temporarily for the purpose of and while actually engaged in
loading or unloading; or
b)
When standing in obedience to a Peace Officer or traffic control device.
"PEACE OFFICER" means a member of the Royal Canadian Mounted Police or a special
constable or a member of the patrol division of the Department of the Solicitor General, an Alberta
Peace Officer, Community Peace Officer, or a Bylaw Enforcement Officer of the Village of
Barons;
"PEDESTRIAN" means a person afoot or a person in a wheelchair;
"PUBLIC HOLIDAY" means a day designated Sunday, a public holiday as defined in the
Interpretation Act or a day proclaimed so by the Mayor or declared by the Council of the Village
of Barons;
"RECREATION VEHICLE" means any vehicle or trailer that is designed, constructed,
modified or equipped as a temporary dwelling place, living abode or sleeping place. Recreation
vehicles include any motorhome, camper mounted on a truck or any other vehicle or object which
a Peace Officer deems to be a recreation vehicle;
"ROADWAY" means that portion of the highway intended for vehicular traffic within the
Village;
"SIDEWALK" means that part of a highway primarily intended for the use of pedestrians and
includes the part lying between the curb line or edge of the roadway and the adjacent property line,
whether or not paved or improved;
"TRAFFIC CONTROL DEVICE" means a sign, signal marking or device placed or erected for
the purpose of regulating, warning or guiding traffic;
"TRAILER" means a trailer as defined in the Act;
"VEHICLE" means a device in, upon, or by which a person or thing may be transported or drawn
upon a highway.
"VILLAGE" means the Municipal Corporation of the Village of Barons or the area contained
within the corporate boundaries of the Village, as the context requires;
Village of Barons Bylaw #765
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PART 2 - SPEED LIMITS
1.
The Council shall cause signs to be posted indicating a greater or lesser speed than that
prescribed by the Traffic Safety Act or indicating that the prescribed speed limit has ceased
to apply.
2.
Unless otherwise indicated the speed limit in the Village of Barons shall be thirty (30)
kilometers per hour.
3.
No person shall drive a motor vehicle, in any alley or highway intended chiefly to give
access to the rear of buildings and parcel of land at a greater rate of speed than twenty (20)
kilometers per hour.
4.
The Council may cause signs to be posted along a highway, fix a maximum speed limit in
respect of any part of the highway under construction or repair in a state of disrepair
applicable to all vehicles or to any class or classes of vehicles while travelling over that
part of the highway.
5.
Notwithstanding Part 2, Section 4, the Village Foreman, in the case of an emergency has
the authority to temporarily reduce the speed limit for the safety of workers and shall
report such action to the Council at the next regularly scheduled Council meeting.
PART 3 - TRAFFIC CONTROL DEVICES
1.
Council may by resolution direct and may from time to time alter the location of such
traffic control devices for the following purposes:
a.
To divide the surface of a roadway into traffic lanes marked by solid or broken
lines;
b.
To prohibit "U" turns at any intersection;
c.
To designate any intersection or other place on a highway as an intersection or
place at which no left hand turn or right hand turn shall be made;
d.
To designate as a one-way street any roadway or portion thereof;
e.
To designate "School Zones" or "Playground Zones";
f.
To designate truck routes;
g.
To set apart as through street any highway or part of a highway and to control entry
to any highway by means of a "stop" sign or "yield" sign;
h.
To designate a crosswalk upon any highway;
i.
To designate parking stands for use of any particular class of vehicle;
Village of Barons Bylaw #765
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j.
To close or restrict the use of any highway, either as to the full width thereof or as
to part of the width thereof with respect to any class or classes of vehicles or with
respect to any class or classes of pedestrians;
k.
To prohibit, restrict or regulate the parking of vehicles or any class of vehicles on
any highway or other public place or any portion thereof during such hours as may
be determined;
l.
To designate and mark guidelines for angle parking on any highway or other public
places or any portion thereof.
2.
The Administrator shall cause a record to be kept of the location of all traffic control
devices which record shall be open to public inspection during normal business hours.
3.
Notwithstanding any provision of this bylaw all traffic control devices placed, erected or
marked in the Village of Barons prior to passing of the bylaw shall be deemed to be duly
authorized traffic control devices until altered pursuant to the provisions of Part 3, Section
1.
PART 4 - FIRES
1.
In case of a fire within the Village, any Peace Officer or member of the Fire Department
may designate in any manner, a line near the location of the fire beyond which no member
of the public shall pass, and no unauthorized person, whether on foot, on horse or in a
vehicle shall cross over such line or lines.
2.
The Chief Officer of the Fire Department or any person acting under his instructions shall
have the right to move or cause to be moved any vehicle which he may deem necessary to
move or have moved for the purpose of carrying out any duty, work or undertaking of the
Fire Department.
PART 5 - VEHICLES WITH LUGS
1.
No person shall drive, propel or move on any highway any vehicle having metal spikes,
lugs, cleats or bands projecting from the surface of the wheel or tire of such vehicle, or any
vehicle having a caterpillar tread.
a. Studded winter snow tires shall be exempt from Part 5(1).
PART 6 - OFF-HIGHWAY VEHICLES
1. No person shall operate an off-highway vehicle, as defined in the Act, within the boundaries of
the Village of Barons unless such use is expressly permitted by Council or the Chief
Administrative Officer.
PART 7 - COMMERCIAL VEHICLES & HEAVY VEHICLES
1.
No person shall park or operate a commercial vehicle on a highway within the limits of the
Village of Barons other than a highway in the Village of Barons which is designated as a
Village of Barons Bylaw #765
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truck route in Schedule "A" thereof, which Schedule is hereby incorporated into and made
part of this By-Law.
2.
The following shall not be deemed to be operating a commercial vehicle in contravention
of Section 1 if the commercial vehicle is being operated on the shortest route between the
premises by:
a.
persons delivering or collecting goods or merchandise to or from the
premises of bona fide customers,
b.
persons going to or from business premises of the owner of the heavy
vehicle concerned as long as the premises is not located within an
residential area,
c.
persons going to or from business premises for the servicing or repairing on
the heavy vehicles as long as the premises is not located within an
residential area,
d.
person(s) pulling a disabled vehicle from a highway prohibited to heavy
vehicles.
3.
No person shall park a commercial vehicle or heavy vehicle within the municipal
boundaries of the Village of Barons in areas designated in the Land Use Bylaw as
residential zones unless permitted under Section 2.
a. Subject to Section 3, those residential properties that are immediately adjacent
and accessible to the designated truck route may park their commercial
vehicles(s) on their residential properties.
4.
No person shall utilize engine retarder brakes while operating a commercial vehicle or
heavy vehicle within the limits of the Village of Barons.
PART 8 - HEAVY EQUIPMENT
1. No person shall be permitted to park any heavy equipment within any residential area in the
Village of Barons unless the said heavy equipment is being used to develop the land which it is
parked on.
a. Part 8, Section 1 does not apply to any heavy equipment owned, used, or contracted by
the Village of Barons.
PART 9 - MAXIMUM WEIGHTS
1.
For the purpose of this section, "maximum weight" means:
a.
The maximum weight permitted for a vehicle and load pursuant to the official
registration certificate issued by the Province of Alberta for such vehicles.
Village of Barons Bylaw #765
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2.
No person shall drive or have on the roadway a vehicle or combination of attached vehicles with a
weight including or excluding any load thereon, in excess of maximum weight.
3.
Wherever in his/her opinion, there is a contravention of Part 9, Section 2, a Peace Officer may
order the driver or other person in charge or control of a vehicle or combination of attached
vehicle suspected of being on a roadway in contravention of such section to take such vehicle or
combination of attached vehicles to the nearest adequate weight scale to determine the weight of
such vehicle or combination of attached vehicles and load thereof. The weight slip or slips shall
be given to the Peace Officer and may be retained by them, and if the weight of any loaded vehicle
or combination of attached vehicles is in excess of maximum weight, the Peace Officer, in
addition to any prosecution for contravention of Part 9, Section 2, may require that any load or
portion thereof in excess of maximum weight shall be removed before the vehicle or combination
of attached vehicles is again taken upon a highway.
4.
A weight slip given to a Peace Officer under Part 9, Section 3 and submitted by the Officer in
evidence in court, shall be prima facie proof of authenticity of the weight slip and of the
particulars thereon submitted in evidence and of the accuracy of the weight scale used.
5.
A person driving or in charge or control of a vehicle or combination of attached vehicles suspected
by a Peace Officer of being on a roadway in contravention of Part 9, Section 2 shall, when
requested by the Peace Officer, produce for such officer's inspection any official registration
certificate or interim certificate for such vehicle or vehicles that may have been issued by the
Government of the Province of Alberta showing the maximum weight of such vehicle or
combination of attached vehicles.
6.
Particulars obtained by a Peace Officer from a registration certificate produced to the Officer
under Part 9, Section 5 and submitted by the Officer as evidence in court shall be prima facie
proof of the authenticity of such certificate and of the particulars thereon submitted in evidence.
PART 10 - PEDESTRIANS
1.
No person or persons shall stand on any highway, crosswalk, or sidewalk in such a manner as to:
a.
obstruct vehicle or pedestrian traffic,
b.
annoy or inconvenience any other person lawfully upon such highway, crosswalk,
or sidewalk,
c.
obstruct the entrance to any building.
2.
No person shall run upon the roadway in such a manner as to impede traffic.
3.
No person shall stand upon or walk along a roadway for the purpose of soliciting a ride from the
driver of any private vehicle.
PART 11 - PARKING
Village of Barons Bylaw #765
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1.
No person shall park a vehicle other than a vehicle of such class or classes deemed as recreational
or a standard automobile on the portion of any highway that is located in any residential zone.
2.
The Council may designate and cause to be properly marked portions of highways upon which
parking is prohibited at any time.
3.
The Council may designate portions of highway for 15-to-20-minute parking of vehicles and cause
the same to be properly marked by signs.
4.
No person shall park a vehicle on a portion of highway marked pursuant to Part 11, Section 3, for
time in excess of the period marked.
5.
No person shall park a vehicle in an alley. Alleys, however, may be used for such periods of time
as may be reasonably necessary for the loading or unloading of passengers or goods from a
vehicle, provided that the vehicle concerned in such loading or unloading of passengers or goods
does not obstruct the lane as to prevent other vehicles or persons from passing along such alley
while the loading or unloading of passengers or goods is taking place.
6.
The Council may designate portions of the highway as a passenger loading or unloading space and
may cause such space to be marked with a sign designating the area as a "loading zone".
7.
Except when actually taking on or discharging passengers, no person shall park or stand a vehicle
for any period of time at a passenger loading zone, at a "no parking" area or in front of a main
entrance, exit or doorway of a public building.
8.
The Council may designate and cause to be properly marked by signs, portion of the highway as
truck loading or unloading spaces.
9.
No person shall park a vehicle in a truck loading or unloading space for a period of time longer
than fifteen (15) minutes.
10.
No person shall park any trailer (whether designed for occupancy by persons or for carrying goods
and equipment) upon any highway unless said trailer is attached to a vehicle by which it may be
propelled or drawn and when so attached the trailer shall be deemed part of the vehicle and subject
to the regulations pertaining to vehicles.
11.
No person shall park any vehicle upon any land owned by the Village of Barons which the Village
uses or permits to be used as a playground, recreation area or public park except in designated
parking areas.
12.
Where parking guidelines are visible on a roadway no driver shall park a vehicle except within the
limits of the lines designating a parking stand.
13.
No person shall park his vehicle with the side thereof parallel to the curb or edge of the roadway
when angle parking is permitted or required.
14.
No vehicle may be parked at an angle to the curb in a cul-de-sac unless that vehicle is parked in
such a manner as to not interfere with the free flow of traffic in the cul-de-sac.
Village of Barons Bylaw #765
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15.
No person shall park any vehicle in that part of a driveway which lies between curb or the traveled
portion of the roadway and the property or lot boundary line which runs parallel to the said curb or
traveled portion of a roadway.
16.
Any person who is empowered to enforce the provisions of this Bylaw is hereby authorized to
place an erasable chalk mark on the tread face of the tire of a parked or stopped vehicle without
that person or the municipality incurring liability for doing so.
17.
The Village of Barons discourages the use of boulevard parking of motor vehicles in residential
areas. Council acknowledges that in some areas, boulevard parking is necessary due to the
alignment or set up of the roads. In the first block of Noble Street, angle parking is allowable and
the streets such as Milnes or those whose frontage is facing an avenue are areas which will allow
boulevard parking.
Therefore permission will be granted only where it can be determined that no other practical
alternative can be found and where such arrangement complies with the policies outlined below.
a. The approval of agreements will not be recommended if a suitable alternative exists for
parking entirely on the owner's property, which may include:
i.
Front yard parking in a legal existing driveway when a single residential
unit is served by a single driveway.
ii.
No parking arrangements will be approved that conflict with any bylaws or
regulations of the Village of Barons.
iii.
The use of rear service lanes where such lanes are accessible and currently
in use by more than one property owner.
iv.
Alteration to or relocation of structures to accommodate parking on the
owner's property.
v.
Use of the rear property subject to the conditions of the zoning bylaw.
vi.
Approval will not be granted for a parking space on the boulevard that will
encroach upon any public sidewalk or in the absence of sidewalks, in that
area where a sidewalk may be constructed in the future, as determined by
the Village of Barons Council.
vii.
Parking on the boulevard shall not commence until official approval from
the Village of Barons Council.
viii.
Processing of Agreements shall be done by submitting a letter stating all
arguments to the Village of Barons Office for Council to review.
18.
No person shall park any portion or whole of a vehicle on any sidewalk or extend over a sidewalk
with any portion of a vehicle within the Village limits of Barons.
19.
A peace officer may cause any vehicle to be removed and taken to and stored in a suitable place
when the vehicle is parked on private property without the consent of the owner of the property or
on a highway in a manner that obstructs any private driveway.
20.
Except when permitted by a traffic control device, no person shall stop, stand, or park a vehicle on
any highway within the Village of Barons other than on the right side of the highway and with the
right-hand wheels parallel to that side and where there is a curb, within 30cm of the curb.
Village of Barons Bylaw #765
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21.
No person shall park a vehicle so as to obstruct the free passage of traffic on any highway within
the Village of Barons with the exception of public works, enforcement, and emergency response
vehicles.
22.
Vehicles may not be parked on vacant lots unless said lot is immediately adjacent and under the
same ownership as an abutting lot that is developed.
23.
The Village of Barons provides an exemption to public passenger vehicles (school buses) for
parking in residential areas on public or private property as long as the school bus is parked
immediately adjacent to
the school bus operator's residence and as long as the school bus does not interfere with
pedestrian or vehicular traffic.
PART 12 - HANDICAP PARKING
1. Council may establish, sign or otherwise designate such parking stalls or zones within the Village
as Council deems necessary for the exclusive parking of vehicles bearing a valid disabled placard
or license plate issued or recognized by the Registrar of Motor Vehicle Services.
2. The owner, tenant, occupant or person in control of private property within the Village to which
vehicles driven by the public generally have access may designate parking spaces for the exclusive
parking of vehicles bearing a valid disabled placard or license plate issued or recognized by the
Registrar of Motor Vehicle Services. The signage and markings used to designate such parking
spaces shall be in a form similar to that approved and used by the CAO.
3. The owner or operator of a motor vehicle which is not identified by a disabled persons placard or
license plate that is issued or recognized by the Solicitor General for persons with disabilities shall
not stop or park or permit the stopping or parking of the vehicle in a parking space designated for
disabled parking.
4. Where the vehicle is identified by disabled persons placard, the owner or operator shall have such
placard visibly displayed while the vehicle is stopped or parked in a parking space designated for
Disabled Parking.
PART 13 - SCHOOL BUS FLASHING LIGHTS
1.
Alternating flashing lights and stop arms on school busses shall be operated when loading or
unloading passengers within the Corporate Limits of the Village of Barons except when loading or
unloading passengers at designated loading zones at the respective schools or adjacent to the
schools.
2.
Alternating flashing lights and stop arms shall be operated in the sequence as provided in
Section 73 (a) AR 304/2002 Use of Highway and Rules of the Road of the Traffic Safety
Act, Revised Statutes of Alberta 2000, Alberta Regulations, and amendments thereto.
3.
Any operator of a vehicle who fails to slow for a school bus displaying alternating flashing amber
lights, shall be guilty of an offence and liable for a penalty as prescribed in Schedule "B" attached.
Village of Barons Bylaw #765
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4.
Any operator of a vehicle who fails to stop for a school bus displaying alternating flashing red
lights and a stop arm, shall be guilty of an offence and liable for a penalty as prescribed in
Schedule "B" attached.
PART 14 - RECREATION VEHICLE PARKING
1.
All RVs parked on property within the Village of Barons, whether licensed or unlicensed, must be
in operable condition.
2.
RVs may not be parked on vacant lots unless said lot is immediately adjacent and under the same
ownership as an abutting lot that is developed.
3.
No person is permitted to occupy any parked RV, vehicle, or trailer on their property, any vacant
lot, roadway, or public place with respect to using them as a temporary dwelling. Nor can they
connect them to any electrical, gas, or water system.
4.
Parked RVs cannot block the view of intersections, crosswalks, playgrounds or signs.
5.
Parked RV's cannot obstruct the movement of other vehicles.
6.
Notwithstanding Part 11, Section 10, a person may park a recreation vehicle upon a public street
in the Village for a period not to exceed 72 hours and for the purposes of loading and unloading
only. This section is only valid during the common camping season months in this region of May
through September provided that in so doing no obstruction is caused to vehicular or pedestrian
traffic.
a. For the purpose of Part 13(4), a recreation vehicle shall be deemed to be continuously
parked unless the recreation vehicle has been moved to a location off of public property
within the Village for at least 72 consecutive hours.
b. Subject to Part 13(4), at no time shall a recreation vehicle or recreation trailer have
their slides extended out while parked on any public street in the Town.
7.
No person shall park any vehicle, recreation vehicle or trailer in their front yard other
than on their driveway.
PART 15 - TEMPORARY CLOSING OF HIGHWAYS
1.
In any case whereby reason of any emergency or of any special circumstances which in the
opinion of the Administrator or Village Foreman, makes it desirable and in the public interest to
do so, the Administrator may:
a.
temporarily close in any area of the Village, any highway in whole or in part to
traffic, or
b.
the Administrator may for such period of time as he/she deems necessary to meet
such emergency or special circumstances, take such measure for the temporary
closing of such highway or the suspension of parking and place barricades or post
Village of Barons Bylaw #765
Page 12
appropriate notices on or near the highway concerned as she/he may consider to be
necessary in the circumstances.
PART 16 - MISCELLANEOUS OFFENCES
1.
Every person shall be guilty of an offence who:
a.
coasts on any highway on a sled, toboggan, skis or roller blades which is being
towed by a vehicle,
b.
washes a vehicle upon any highway or drains the radiator of any vehicle upon a
highway or washes a vehicle near a highway so as to result in water, slush or ice
forming upon a highway or public sidewalk.
c.
Places or deposits, or allows the placement or deposit, of any object, refuse,
building or other materials, dumpsters, snow, earth, sand, gravel, sod, or any other
matter on a roadway, alley, sidewalk, or boulevard within the Village, excepting
vehicles and materials for which specific permission has been granted by the CAO.
Person(s) responsible for such shall be liable for clean-up and/or repair costs.
2.
No person shall drive, propel or move on or over any highway within the Village, any vehicle of
other type of equipment or thing(s) which damages or is likely to damage the highway.
PART 17 - PENALTIES
PROSECUTION OF OFFENCES
1.
Except as otherwise provided in this Bylaw, a person who is guilty of an offence under this Bylaw
or the regulations for which a penalty is not otherwise provided is liable to a fine of not less than
two hundred and fifty ($250.00) dollars and of not more than two thousand five hundred
($2,500.00) dollars and in default of payment is liable to imprisonment for a term not exceeding
six (6) months or to imprisonment for a term not exceeding six (6) months without the option of a
fine.
2.
The levying and payment of any penalty, or the imprisonment for any period as provided for in
this Bylaw shall not relieve a person from the necessity of paying any fees, charges, or costs for
which they are liable under the provisions of this Bylaw.
3.
Where a vehicle is driven, used, parked or left in contravention of any provision of this Bylaw or
as shown on Schedule "B", the owner of the vehicle is guilty of an offence and liable for the
contravention and the penalty provided herein unless there is evidence before the court that at the
time of the contravention, the vehicle was not driven, used, parked or left by him/her or by any
other person with their consent, express or implied.
4.
Where any Peace Officer believes that a person has contravened any provision of this Bylaw he
may serve upon:
a.
such person a Violation Ticket referencing the section contravened; or
b.
the registered owner of the motor vehicle a Violation Ticket referencing Section
160 (1) of the Act and the section of the Bylaw contravened in accordance with the
Village of Barons Bylaw #765
Page 13
provisions of the Provincial Offences Procedure Act R.S.A. 2002 c. P-34.
5.
The specified penalty payable in respect of a contravention of a provision of this Bylaw is as
provided for in Schedule "B" of this Bylaw, said Schedule being hereby incorporated into and
made part of this Bylaw.
6.
Notwithstanding Part 16(4), a Peace Officer may issue a Municipal Violation Tag or Breach of
Bylaw Notice, in a form approved by the CAO, referencing the section of the Bylaw contravened,
to the alleged offender, or to the registered owner of any vehicle involved in a contravention of
this Bylaw.
7.
Service of any such notice or tag shall be sufficient if it is:
a.
personally served
b.
served by regular or registered mail
c. attached to the vehicle in respect of which the offence is alleged to have been
committed.
8.
The penalty payable to the Village in respect of a contravention of this Bylaw, to be indicated on
any such Municipal Violation Tag or Breach of Bylaw Notice issued, is as provided for in
Schedule "B" of this Bylaw. Upon payment to a person authorized by the Village Council to
receive such payment, an official receipt for the payment shall be issued and such payment shall
be accepted in lieu of prosecution.
9.
Where payment of the penalty for a tag or notice issued for breach of any of the sections of this
Bylaw is received within the time allowed for payment by a person authorized by the Village to
receive such payment, such payment shall be accepted in lieu of prosecution.
10.
If the person upon whom any such tag is served fails to pay the required sum within the time limit,
the provisions of this section for acceptance of payment in lieu of prosecution do not apply.
11.
Nothing in this Section shall:
a.
Prevent any person from exercising their right to defend any charge of committing
a breach of any of the provisions of this Bylaw.
b. Prevent any Peace Officer in lieu of serving a Violation Ticket, notice or tag or any
other person from laying information or a complaint against another person for
committing a breach of any of the provisions of this Bylaw, or
c.
Prevent any person from exercising any legal right such person may have to lay
information or complaint against any other person (whether such other person has
made a payment under the provisions of this Bylaw or not) for a breach of any of
the provisions in this Bylaw.
12.
Where any person has made payment pursuant to the provisions of this section and is prosecuted
for the offence in respect of which such payment has been made, such payment shall be refunded.
13.
No person other than the owner or driver of a vehicle shall remove any Violation Ticket, notice or
tag placed on or fixed to such vehicle by a Peace Officer in the course of his/her duties.
14.
No person shall wilfully obstruct, hinder or interfere with a Peace Officer or any other person
authorized to enforce and is engaged in the enforcement of the provisions of this Bylaw.
Village of Barons Bylaw #765
Page 14
REMOVAL AND IMPOUNDMENT OF VEHICLES
15. A peace officer is hereby authorized to remove or cause any vehicle or trailer to be removed:
a.
operated or parked in contravention of any provision of this Bylaw; or
b.
where emergency conditions may require such removal from a highway.
16. Such vehicle or trailer may be moved to a place designated by the Chief Administrative Officer,
where it will remain until claimed by the owner thereof or his agent, subject to any separate policy
that the place of impoundment may have been implemented.
17. No impounded vehicle shall be released to its owner or his agent until the impounding charge and
removal charge on the vehicle have been paid, such charges shall be in addition to any fine or
penalty imposed in respect of any such violation, or to any payment made in lieu of prosecution as
hereinafter provided. The Village is not responsible for impounding, towing or removal charges.
PART 18 - SEVERABILITY
1.
It is the intention of the Village Council that each separate provision of this bylaw shall be deemed
independent of all other provisions, and it is further the intention of the Village Council that if any
provisions of this bylaw be declared invalid all other provisions thereof shall remain valid and
enforceable.
PART 19 - RESCIND
Bylaw #705 and #741 is hereby repealed
PART 20 - COMMENCEMENT DATE
1.
This Bylaw comes into force upon the date of passing of the third and final reading thereof.
Read a first time this _______ day of __________, 2025
Read a second time this _______ day of __________, 2025
Presented for Consideration for a third and final reading this _______ day of __________,
2025
Read a third and final time this _______ day of __________, 2025
________________________
Mayor
________________________
Administrator
Village of Barons Bylaw #765
Page 15
Village of Barons Bylaw #705
16
SCHEDULE "B"
Part 5(1)
Operating a vehicle with lugs on a highway in the Village
$125.00
Part 6(1)
Operating a off-highway vehicle in the Village
$150.00
Part 7(1)
Commercial vehicle being operated off of truck route
$250.00
Part 7(3)
Parking a commercial vehicle in a residential area
$200.00
Part 7(4)
Use of engine retarder brakes in the Village
$200.00
Part 8 (1)
Heavy equipment parked in a residential area
$200.00
Part 10(1)(a)
Person obstructing vehicle or pedestrian traffic
$150.00
Part10(1)(b)
Person annoying or inconveniencing any other person who is lawfully upon a highway, crosswalk
or sidewalk
$150.00
Part 10(1)(c)
Person obstructing the entrance to any building
$150.00
Part 10(2)
Person running upon a roadway which manner impedes traffic
$125.00
Part 10(3)
Person soliciting a ride from a roadway from the driver of a private vehicle
$125.00
Part 11(4)
Parking over time limit
$125.00
Part 11(5)
Parking in an alley
$125.00
Part 11(7)
Parking in a passenger loading zone, no parking area, in front of main entrance, exit or doorway of
a public building
$125.00
Part 11(9)
Parking over time limit in a truck loading or unloading space
$125.00
Part 11(10)
Unattached trailer parked on highway
$150.00
Part 11(11)
Prohibited parking on Village property
$150.00
Part 11(12)
Parking outside of lines designating a parking space
$125.00
Part 11(13)
Parking parallel when angle parking is required
$125.00
Part 11(14)
Improper parking in a cul-de-sac
$125.00
Part 11(15)
Parking on the boulevard
$125.00
Part 11(18)
Parking on or over a sidewalk
$150.00
Part 11(20)
Improper parking along the curb or edge of roadway
$150.00
Part 11(21)
Parked in such a way that impedes the normal flow of traffic
$150.00
Part 11(22)
Prohibited parking of vehicles on an empty lot
$125.00
Part 12 (3)
Unauthorized parking in a designated disabled parking stall or zone
$125.00
Part 13 (4)
Failing to display disabled parking placard
$125.00
Part 13(3)
Failing to slow for a school bus displaying alternating flashing lights
$200.00
Part 13(4)
Failing to stop for a school bus displaying alternating flashing lights and a stop arm
$200.00
Part 14(3)
Prohibited occupancy of a Recreation Vehicle
$150.00
Part 13(4)
Parked Recreation Vehicle blocking view of intersection, crosswalk, playground or sign
$125.00
Part 14(5)
Parked Recreation Vehicle obstructing the movement of other vehicles
$125.00
Part 14(6)
Illegally parked Recreation Vehicle
$150.00
Part 16(1)(a)
Sled, toboggan, skis, snowboard or rollerblades being towed by a vehicle on a highway
$125.00
Part 16(1)(b)
Washing a vehicle resulting in water, slush or ice forming upon a highway or sidewalk
$125.00
Part 16(1)(c)
Unauthorized deposit of material on Village property
$175.00
Part 16(2)
Operating a vehicle or piece of equipment that has damaged or is likely to damage the highway
$200.00