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TOWN OF BASHAW
BYLAW # 754-2014
BEING A BYLAW OF THE TOWN OF BASHAW, IN THE PROVINCE OF ALBERTA, TO REGULATE
PEDESTRIAN AND VEHICULAR TRAFFIC WITHIN THE CORPORATE BOUNDARIES OF THE TOWN OF
BASHAW
WHEREAS,
the Municipal Government Act, R.S.A. 2000, Chapter M-26, as amended
from time to time, AND the Traffic Safety Act, Revised Statutes of Alberta
2000, Chapter T-6, as amended from time to time, empower Municipal
Councils to enact Bylaws which are not inconsistent with those ACTS, and
WHEREAS,
the Municipal Council of the Town of Bashaw deems it appropriate and
expedient to consolidate Municipal Bylaws regulating Pedestrian and
Vehicular Traffic into one document
NOW, THEREFORE,
the Municipal Council of the Town of Bashaw hereby enacts a Bylaw to
regulate Pedestrian and Vehicular Traffic in the Town of Bashaw as
follows:
1. TITLE:
This Bylaw may be may be cited and known as the "Traffic Bylaw".
SECTION ONE - INTERPRETATIONS: The definitions contained in Section 1 of the Traffic Safety
Act, R.S.A. 2000, c.T-6 and regulations thereunder shall apply to this Bylaw unless a contrary
intention is specifically stated in this Bylaw. In this Bylaw, the following terms shall have the
meanings shown:
Act
refers to the Traffic Safety Act;
Alley
as defined in the Traffic Safety Act;
Approved Helmet
a safety helmet that is approved under the current Vehicle
Equipment Regulations;
Boulevard
as defined in the Traffic Safety Act;
Bylaw Enforcement Officer
RCMP Member, Peace Officer or as delegated and/or by the CAO
with the authority to enforce Bylaws of this Town;
Carrier
any vehicle that is transporting any amount of Dangerous Goods
into, through or out of the Town;
Centre Line
as defined in the Traffic Safety Act;
Chief Administrative Officer Town of Bashaw Authority (CAO)
Commercial Vehicle
as defined in the Traffic Safety Act;
Commercial Loading Zone
a portion of a highway set aside, adjacent to a curb, designated for
the exclusive use of commercial vehicles for the loading or
unloading of materials and includes an area designated as such;
Council
the duly elected Council of the Town of Bashaw;
Crossing
a curb, sidewalk or boulevard crossing constructed for the purpose
of vehicle access;
Crosswalk
as defined in the Traffic Safety Act;
Curb
the actual curb, if there is one, and if there is no curb in existence,
shall mean the division of highway between that part intended for
the use of vehicles and that part intended for the use of
pedestrians;
Designated Officer
as appointed by the Chief Administrative Officer to enforce and
action in accordance to this Traffic Bylaw;
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Driver
as defined in the Traffic Safety Act;
Emergency Access
a route or lane so designated to provide Emergency Vehicles with
unencumbered access to adjacent or nearby areas;
Emergency Vehicle
as defined in the Traffic Safety Act;
Fire Lane
an access route for fire department vehicles required by the
Alberta Safety Codes for firefighting purposes and marked by
signage as a fire lane;
Heavy Vehicle
a vehicle with or without a load weighing 5000 kgs or more, or
exceeding 11 metres in length, or a vehicle with a trailer with or
without a load weighing 5000 kgs or more in total weight or 11
metres in length, or a vehicle licensed to transport a load of 900
kgs or more; but does not include the type of vehicle commonly
known as a "recreation vehicle";
Highway
as defined in the Traffic Safety Act and includes roadway, streets,
alleyways, avenues, etc.
Implements of Husbandry
a vehicle designed and adapted exclusively for agricultural,
horticultural, or livestock raising operations
Inoperable Vehicle
a vehicle that, in the opinion of the Bylaw Enforcement Officer, is
incapable of moving without repair;
Holiday Trailer
mobile unit designated, constructed, and equipped as a temporary
dwelling or sleeping place or any structure that is designated,
constructed and equipped as a temporary dwelling or sleeping
place and intended or capable of being loaded on to, carried upon,
self-propelled or pulled by another vehicle;
Land Use Bylaw
Land Use Bylaw #675:2004 of the Town of Bashaw and all
amendments thereto;
Loading Zone
a portion of a Highway adjacent to the curb designated for the
exclusive use of vehicles loading or unloading passengers or
materials;
Mobility Aid
as defined in the Traffic Safety Act;
Motor Vehicle
as defined in the Traffic Safety Act;
Municipality
Town of Bashaw;
Obstruction
an encroachment, excavation, structure, or other obstacle,
including a tree, shrub or hedge, that interferes with or prevent
the vision, passage, maintenance or use of Public Places by vehicles
or pedestrians;
Off-Highway Vehicle
as defined in the Traffic Safety Act;
Operator
includes a person who drives or operates a vehicle as the owner
thereof or as an agent or employee of the owner;
Operator License
as defined in the Traffic Safety Act;
Owner
as defined in the Traffic Safety Act;
Park
as defined in the Traffic Safety Act;
Parking Stall
a portion of the street or designated area indicated by marking
space or lines or traffic control devices;
Peace Officer
as defined in the Traffic Safety Act;
Pedestrian
as defined in the Traffic Safety Act;
Permit
as defined in the Traffic Safety Act;
Playground Zone
that portion of a highway identified as a playground zone by a
traffic control device;
Private Property
owned by a business, company, private person or the like;
Public Property
owned by the Town of Bashaw;
Recreation Vehicle
a vehicle or combination of vehicle and trailer designed for
vacation, camping, or similar recreation purposes;
Roadway
as defined in the Traffic Safety Act;
School Zone
that portion of highway identified as a school zone by a traffic
control device or sign;
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Traffic Control Device
sign, signal, marking, or device placed, marked or erected under
the authority of this Bylaw for the purpose of regulating, warning
or guiding as defined in the Traffic Safety Act;
Trailer
as defined in the Traffic Safety Act;
Vehicle
as defined in the Traffic Safety Act;
Violation Tag or Ticket
a violation ticket issued pursuant to the current Provincial Offences
Act, R.S.A. 2000, c.P-34 and regulations thereunder as amended or
replaced and repealed from time to time;
SECTION TWO - AUTHORITIES:
AUTHORITY OF COUNCIL
1. Notwithstanding any other provisions of this Bylaw, Council may by resolution
A. exempt any class of vehicle from such provision of this Bylaw relating to parking
and stopping as Council may deem fit AND under such conditions as the Council
may impose, shall provide for the identification of the vehicle so exempted;
B. prescribe where traffic signs for controlling and regulating traffic in public places
are to be located;
C. prescribe a highway as one to be divided into traffic lanes.
AUTHORITY OF CHIEF ADMINISTRATIVE OFFICER
1. The Chief Administrative Officer is hereby delegated with the authority to manage the
operations of pedestrian and vehicular traffic within the Town of Bashaw not inconsistent
with this Bylaw, the Traffic Safety Act, and other applicable government legislation and
designate any duties or responsibilities therein as and when required including the
enforcement of this Bylaw.
2. Thereby, The Chief Administrative Officer is hereby authorized to:
A. Crosswalks:
i. to designate the location of cross-walks upon highways;
B. Turns:
i. designate any intersection, highway, or place on a highway, including a
place where a railway right-of-way crosses a highway, as a place where U-
turns are prohibited;
ii. designate a highway intersection or other place on a highway as a place at
which no left hand turn or no right hand turn or both shall be made
C. Parking:
i. designate the distance from any intersection within which no parking is
permitted;
ii. designate portions of highways where parking is limited to a period of
time;
iii. designate any area as one which parking privileges are temporarily
suspended and shall cause such area to be so marked;
iv. designate the location of parking stalls or sites on any highway;
D. Traffic Control Devices:
i. designate the placing, marking or erecting of Traffic Control Devices at any
location considered necessary for controlling highways subject to its
direction, control and management in accordance to Section 110 of the
Traffic Safety Act;
ii. cause moveable signs to be placed on or near a roadway designating
parking restrictions for an emergency, street cleaning, snow clearing, etc.;
E. Private Driveway Prohibition Signs:
i. prohibit or restrict the movement of vehicles from a private driveway onto
a highway or from a highway to private driveway by Traffic Control
Devices where such prohibition or restrictions is deemed advisable in the
public interest and the better regulation of traffic;
F. Road Closure:
i. direct temporary closure of highways, parking lots, or any other Town
property during a Special Event where, in the sole discretion of the Chief
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Administrative Officer, such temporary closure is desirable for the public
safety;
ii. designate any highway as one which is closed temporarily in whole or part
to traffic and shall cause such streets to be so marked;
G. School and Playground Zones:
i. Designate school zones and playground zones within the municipality and
cause such zones to be marked by traffic control devices.
OVERREACHING AUTHORITY
1. Notwithstanding anything in this Bylaw, no person shall
A. act in contravention of the directions of a delegated Bylaw Enforcement Officer
while acting in the course of his or her duties;
B. obstruct the Bylaw Enforcement Officer while carrying out their duties in relation
to investigating or enforcing any Municipal Bylaw and/or other government
legislation.
2. Notwithstanding anything in this Bylaw, any such person who contravenes the
aforementioned subsection may be subject to arrest by an RCMP Member or Peace Officer.
3. No person other than an RCMP Member or Peace Officer shall attempt to direct or regulate
traffic or place anything resembling a traffic control device other than with the permission
of, and in accordance with any conditions imposed by, the Chief Administrative Officer.
SECTION THREE - OPERATION OF VEHICLE:
1. All operations of a vehicle shall be in compliance with the Alberta Traffic Safety Act and all
other applicable government legislation and regulations.
2. No operator of a moving vehicle shall, under any circumstance, allow a person to attach
themselves or cling to said vehicle.
SECTION FOUR - SPEED:
1. Unless otherwise provided for in this Bylaw or posted at the location, no operator shall drive
a vehicle within the jurisdiction of the Town of Bashaw in excess of the following speed
limits:
A. GENERAL: fifty (50) kilometers per hour;
B. LANES: twenty (20) kilometers per hour;
C. RECREATION GROUNDS: twenty (20) kilometers per hour on any land which is part
of the Ag Society Grounds, Bashaw Campground, Heritage Park and/or the
Arena/Curling Rink grounds;
D. SCHOOL ZONES AND PLAYGROUND ZONES: thirty (30) kilometers per hour in
designated school zones and playground zones;
E. PRIMARY HIGHWAY: fifty (50) kilometers per hour on the portion of Highway 53
within the Town boundaries;
2. The Chief Administrative Officer shall have the authority to temporarily suspend the existing
speed limit and restrict the speed of vehicles by installing a temporary traffic control device.
SECTION FIVE - PARKING
1. All vehicles parking in the Town shall be in accordance to the traffic control devices posted
and/or as indicated at the parking stall.
2. Unless otherwise permitted or required by this Bylaw, a traffic control device, the Traffic
Safety Act OR in compliance with the directions of a Bylaw Enforcement Officer OR to avoid
conflict with other traffic, a driver shall not stop, park or leave their vehicle:
A. at any place for a time longer than that stated on the traffic control devices
providing for parking for a specified time;
B. on the wrong side of a highway against the flow of traffic;
C. in a construction zone unless the vehicle is employed in the maintenance or
construction work;
D. alongside or opposite any street excavation or obstruction when the stopping or
parking would obstruct traffic;
E. in a commercial or public loading zone unless the operator is actively engaged in
loading or unloading the vehicle and it is not stopped or parked for a period of
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time exceeding thirty (30) minutes for commercial and ten (10) minutes for
public;
F. at an emergency door exit where the vehicle will in any way interfere with the use
of a doorway intended as a fire or emergency exit from any building abutting the
street;
G. at the access bays to fire hall or other emergency service station;
H. in such a manner as to interfere with the proper operation of any vehicle used by
the Fire Department or other department of the Village;
I. on any portion of a highway marked as an Emergency Access Route or fire lane;
J. on a sidewalk or boulevard or crosswalk;
K. within an intersection other than immediately next to the curb in a "t"
intersection;
L. within five (5) metres of the near side of a marked crosswalk;
M. within five (5) metres of the approach to a stop sign or yield sign;
N. within five (5) metres of any fire hydrant or, when the hydrant is not located at
the curb, within five (5) meters of the point on the curb nearest the hydrant;
O. within one and one-half (1.5) metres of an access to a garage, private road or
driveway, or a vehicle crossway over a sidewalk;
P. at any place restricted to a special class of vehicle, except if that vehicle qualifies
as a member of such authorized special class of vehicle;
Q. on the roadway side of a vehicle parked or stopped at the curb edge of the
roadway;
R. in such a manner as to obstruct the access to or exit from any hall, arena or other
building being used for public gatherings;
S. in an alley in such a manner, location or circumstance that it blocks the alley
and/or impedes the use of the alley by another vehicle or in an alley within one
(1) meter of the side of any refuse container or storage area;
T. on any land owned by the Town unless designated as a parking space by the
Designated Officer or with a traffic control device;
U. such that the vehicle impedes or obstructs the orderly flow of vehicle or
pedestrian traffic.
3. Where a person parks their vehicle, contrary to any of the aforementioned provisions,
and said contravention is hazardous to life, limb or property, or it interferes with the
repair and/or maintenance of highways, the Designated Officer may require the vehicle
to be removed and/or impounded. The owner of said vehicle shall be required to pay, in
addition to fine, all towing and storage fees before his vehicle is recovered.
4. No person shall place or leave on, cross, or hang above any part of a sidewalk, highway,
boulevard or any other Town property a cord or cable that may transmit electrical energy
or hose that may transfer gas or water from a private property to any part of
aforementioned property where a vehicle may park.
5. No person shall drive, park, or stop any vehicle upon any highway in such a manner as to
block, obstruct, impede or hinder traffic thereon. Where the obstruction is unavoidable
due to mechanical failure of the vehicle, the operator will not be in breach of this Section
if the operator promptly takes measures to clear the vehicle from the highway.
SECTION SIX PARADES AND PROCESSIONS:
1. Any person or organization or community group desiring to hold a parade or procession
within the Town of Bashaw shall complete and submit an application to the office at least
fourty eight (48) hours prior to the time of the event for approval.
2. The Town of Bashaw approves the following: in accordance to Section 113.2.b of the Traffic
Safety Act, and amendments thereto, a Municipal Council has the authority to pass a Bylaw
to permit a vehicle, in a funeral procession, during daylight hours, other than the lead car, to
enter an intersection without stopping if its headlights are on and if the vehicle is
immediately behind the vehicle in front of it to form a continuous line and the passage into
the intersection can be made in safety; thereby, with the passing of this Bylaw Council duly
permits this action. Other vehicle operators shall make every effort to not interfere or
interrupt a funeral procession.
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SECTION SEVEN - PEDESTRIAN TRAFFIC:
1. Sidewalks and boulevards shall be limited to pedestrian traffic only with the exception of
A. young children's tricycles or bicycles with a wheel diameter of less than .04 meters
(16) inches)
B. mobility aids including scooters and walkers used by persons with a disability
C. temporary approval of permit application from the Village for an event or occasion
6. Any event or activity requiring the use of a Highway for the purpose of a race, relay,
horse traffic or other similar activity necessitating pedestrians to utilize a highway for
foot traffic requires the approval from the Town at least seven (7) days prior to the
scheduled day of the event.
7. No pedestrian is permitted to obstruct, impede, impose, annoy, inconvenience or hinder
the flow of traffic by hitchhiking, erecting signage, throwing objects or missiles at traffic,
pushing another pedestrian on the highway, assembling on the highway, walking on the
highway, selling goods from a vehicle parked on the highway, and other similar
prohibited activity without an approved permit from the Town.
8. Pedestrians shall cross the highway where designated and obey the traffic rules.
9. The assembly of pedestrians for the purpose of watching a parade, procession, street
event, or other similar permitted activity authorized by the Chief Administrative Officer
shall not be considered as a contravention of this Bylaw.
10. No person shall obstruct, impede or inconvenience vehicular or pedestrian traffic of a
permitted Special Event.
SECTION EIGHT - GENERAL
1. Nothing in this Bylaw prohibits police vehicles, bylaw enforcement vehicles, ambulances, fire
trucks, or any other emergency vehicle as well as vehicles engaged in highway repair,
maintenance, or inspection from being parked on the roadway by their operators in the
performance of their duties.
2. The property owner of any residential and/or business premise(s) within the Town of
Bashaw shall be held responsible for removing all snow, ice, dirt, and other obstructions or
debris from the municipal sidewalk(s) adjacent to the property within fourty eight (48) hours
(excluding Sundays and Holidays).
3. No person shall cause damage to any sidewalk by pounding, hammering, picking, striking,
cutting or chiseling, or depositing any chemical or other substance thereon, whether or not
such person is engaged in removing snow, ice, hail, dirt or any other obstruction from such
sidewalk.
4. Sweeping, shoveling, or pushing of snow or any other material from private property or the
adjacent sidewalk on to the municipal highway, in to the culverts or drainage system or up
against a fire hydrant is strictly forbidden.
5. The Town of Bashaw shall not be required to clear snow from any trail system within the
municipality.
6. No person shall leave a vehicle unattended on a highway while it is supported by a jack or
similar device.
7. Obstructions to vision must be removed or trimmed back. In addition to the Land Use Bylaw
Regulations, an owner of private property shall ensure that trees or shrubs on their property
and on adjacent boulevards between the property line and curb
A. do not project over a sidewalk at an elevation of less than 225 cm (7.5 ft.) or over
a roadway or alley at an elevation of less than 412 cm (13.5 ft.)
B. maintain the "corner visibility triangle" vegetation by minimizing growth to a
height not greater than one (1) meter.
8. Any damage to or removal of Town vegetation, wilfully or neglectfully, without the written
consent of the Chief Administrative Officer may result in recovery charges or replacement
costs being levied to the property owner.
9. No pedestrian or operator shall drive beyond a check point designated by a Bylaw
Enforcement Officer or a member of the Fire Department near the location of a fire or step
over or drive on a fire hose.
10. No pedestrian or operator shall tear down, remove or interfere with any signs, signals,
barricades, flares or other things placed in accordance with the provisions and regulations of
the Act.
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11. Unless permitted by the Town, no person shall do any of the following on a highway or
boulevard:
A.
display any goods for sale;
B.
offer any goods for sale;
C.
sell any goods;
D.
park a vehicle that is being displayed for sale or that is displaying advertising
directing persons to a commercial premises
SECTION NINE - COMMERCIAL AND HEAVY VEHICLE ROUTES:
1. Schedule A of this Bylaw, which is attached and hereby incorporated into and made a part of
this Bylaw, provides the establishment of truck routes and parking in areas for the Town of
Bashaw.
2. The Town Council may be resolution, or the Chief Administrative Officer may for the safety
of the public amend Schedule A when and where it is deemed advisable to do so.
3. No person shall operate or allow to be operated a vehicle within the Town in excess of the
weight or size limits established by the government agencies regulating such activity and all
required documentation and permits shall be in the possession of the operator who shall
provide copies on demand.
4. Any vehicle operator causing damage to the municipal highway(s) due to overweight or
oversized vehicles or by having metal spikes, lugs or cleats projecting from the wheel or tire
or having skids, etc. may be required to pay for any damages in addition to the violation tag
fine.
5. No person shall operate a motor vehicle hauling explosives without prior approval from the
Town.
6. No engine of any heavy vehicle shall be left running, on any highway, other than a Town
designated area for use of said vehicle except when loading or unloading.
7. No person shall engage engine retarder brakes within the Town limits.
SECTION TEN - OPERATION OF OFF-HIGHWAY VEHICLES WITHIN TOWN LIMITS:
1. All operators of off-highway vehicles must comply with the regulations set out in the Alberta
Traffic Safety Act for both operators of a vehicle and off-highway vehicles.
2. All operators of off-highway vehicles must proceed from their residence to a permitted area
and back to their residence by the most direct route possible through the alley and those
routes designated on the map attached to and forming part of this Bylaw as Schedule B.
3. Maximum Speed Limit for off- highway vehicles is 20/km per hour
4. No off-highway vehicle shall be operated within the Town between 11:00 pm and 8:00 am.
5. Operators of off-highway vehicles use permitted areas and highways in the Town at their
own risk and the Town does not warrant such areas as being suitable for the use of off-
highway vehicles.
SECTION ELEVEN - RECREATIONAL VEHICLE OR HOLIDAY TRAILER:
1. No person shall park a recreation vehicle or holiday trailer
A. upon a municipal highway or public property (with the exception of campground)
unless it is attached to a motor vehicle by which it is carried, drawn or propelled
and removed within forty eight (48) hours;
B. in the front yard of a residential site between the months of 1 October and 30
April
C. in the front or side yard of a residential site between 1 May and 30 September if
it is closer than 4.5 meters (15 feet) from the public sidewalk or roadway
D. in the front or side yard of a property within 4.5 meters (15 feet) from an
intersection
E. in the front yard of any property for a period exceeding seventy-two (72) hours if
it is being used as a living or sleeping accommodation;
2. No property owner shall offer, either temporarily or otherwise, the use of their private
property for camping purposes without obtaining prior approval from the Town.
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SECTION TWELVE - ENFORCEMENT:
1. Any person who contravenes this Traffic Bylaw may be subject to a Provincial Violation Ticket
or a Municipal Ticket.
2. Any person who is issued a Municipal Ticket shall be subject to a penalty as listed in Schedule
A of the Town of Bashaw Master Rates and Schedules Bylaw, as amended from time to time.
3. Any person who is issued a Provincial Violation Ticket shall be subject to a penalty as listed in
the Alberta Traffic Safety Act.
SECTION THIRTEEN - SEVERABILITY:
1. If any provision herein is found to be invalid for any reason that provision shall be severed
from the remainder of this Bylaw and all other provision of this Bylaw shall remain valid and
enforceable.
SECTION FOURTEEN VALIDITY:
1. This Bylaw shall come into force and effect on the date of passing the Third and Final
Reading.
2. Bylaws 644:2000, 656:2002, 670:2004, 672:2004, and 740:2012 are hereby repealed.
READ A FIRST TIME this 1 day of APRIL 2014.
READ A SECOND TIME this 6 day of MAY 2014.
READ A THIRD TIME this 6 day of MAY 2014.
_________________________________
MAYOR
_________________________________
CHIEF ADMINISTRATIVE OFFICER
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BYLAW 754:2014
SCHEDULE "A"
TOWN OF BASHAW
Commercial and Heavy Vehicle Routes
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BYLAW 754:2014
SCHEDULE "B"
TOWN OF BASHAW
Off-Highway Vehicle Routes