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SUMMER VILLAGE OF BIRCHCLIFF
TRAFFIC BYLAW
BY-LAW #245-23
A Bylaw of the Summer Village of Birchcliff in the Province of
Alberta for the regulation and control of motor vehicle and
pedestrian traffic within the boundaries of the Summer Village.
WHEREAS by authority of the Municipal Government Act, Chapter
M-26, R.S.A. 2000, and amendments thereto, the Council of the
Summer Village of Birchcliff may pass a bylaw for the health,
safety, and welfare of people and protection of property in, on, or
near public lands;
AND WHEREAS the Council of the Summer Village of Birchcliff deems
it necessary and in the public interest to pass a bylaw to regulate and
enforce all manner of traffic within the Summer Village, including
penalties;
NOW THEREFORE the Council of the Summer Village of Birchcliff,
in the Province of Alberta, duly assembled, hereby enacts as
follows:
This Bylaw may be referred to as the Traffic Bylaw.
SECTION 1.0 - DEFINITIONS
1.1
"Act" means the Traffic Safety Act, R.S.A. 2000, Chapter T-6
as amended or repealed and replaced from time to time;
1.2
"Bicycle" means a mechanical device propelled by muscular
power on which a person may ride;
1.3
"Bus" means a motor vehicle that is designed for carrying
eleven (11) or more persons, including the driver;
1.4
"CAO" means the Chief Administrative Officer, or his/her
designate, that is appointed by Council;
1.5
"Crosswalk" means any part of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by signs or
by any other marking on the road surface;
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
1.6
"Council" means the elected municipal Council of the Summer
Village of Birchcliff;
1.7
"Ditch" means any area that is designed or artificially shaped for
water drainage;
1.8
"Emergency Vehicle" means a motor vehicle used:
a) for police/peace officer duty;
b) by a fire department;
c) as an ambulance; and
d) for purposes relating to maintenance of a public utility;
1.9
"Gross Weight" means:
a) in respect of a single axle of a vehicle, the total weight that a
single axle transmits to a roadway;
b) in respect of an axle group of a vehicle, the sum of the
weights transmitted to a roadway by all of the axles within the
axle group;
c) in respect of a tire of a vehicle, the total weight that the tire
transmits to a roadway; and
d) in respect of a vehicle, the total weight of a vehicle or
combination of vehicles calculated as the sum of the weights
transmitted to a roadway through each of the axles;
1.10 "Heavy Vehicle" means any vehicle with the exception of
recreational vehicles, with or without a load, exceeding any of
the following criteria:
a) two (2) axles;
b) six (6) meters in length;
c) a gross weight of 4500 kilograms;
1.11 "Motor Vehicle" means any vehicle propelled by any power
other than muscular power;
1.12 "Municipal Land" means any property owned by the Summer
Village including but not limited to:
a) ditches;
b) parks;
c) green spaces; and
d) municipal reserve property;
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
1.13 "Obstruction" means an obstacle or event which interferes
with, or prevents the vision, passage, or use of any public
property by vehicles or pedestrians;
1.14 "Off-Highway Vehicle" means any motor vehicle that is
designed for cross-country travel on natural terrain including but
is not limited to land, water, snow, ice, marsh, or swamp land;
1.15 "Operator" means a person who drives or operates a vehicle
as the owner thereof or as an agent, employee, or servant of the
owner;
1.16 "Peace Officer" means a person who is:
a) a Royal Canadian Mounted Police Officer;
b) a Community Peace Officer;
c) a Bylaw Enforcement Officer; and
d) any other person appointed by Council to enforce the
provisions of this Bylaw;
1.17 "Pedestrian" means any person on foot, using rollerblades,
skateboards, non-motorized scooters, or any kind of mobility
aid;
1.18 "Person" means any individual, business, partnership, firm,
corporation, occupant of a residence, or owner of a vehicle;
1.19 "Provincial Offences Procedure Act" means the Provincial
Offences Procedure Act, c P-34, R.S.A. 2000, as amended or
repealed and replaced from time to time;
1.20 "Recreational Vehicle" means any vehicle designed for travel
with temporary living accommodation for holidays or camping
purposes;
1.21 "Road Ban" means the gross axle weight allowance
permissible on public roadways within the boundaries of the
Summer Village;
1.22 "Roadway" means any thoroughfare, street, road, trail, avenue,
driveway, lane or any other place or part of them, whether
publicly or privately owned, that the public is ordinarily entitled
or permitted to use for the passage of vehicles;
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
1.23 "Special Event" means any public or private event, gathering,
celebration, festival, competition, contest or similar type of
activity that takes place in whole or in part on a public roadway
which may involve pedestrians, bicycles, or vehicles where
traffic flow could be obstructed;
1.24 "Speed Limit" means the maximum allowable speed a motor
vehicle is able to travel within the boundaries of the Summer
Village indicated by a traffic control device or as defined in
Section 2.3 of this Bylaw;
1.25 "Summer Village" means the municipal corporation of the
Summer Village of Birchcliff, the territory contained within the
corporate limits, its administration, and staff;
1.26 "Traffic Control Device" means any sign, signal, marking, or
device placed, marked or erected under the authority of the
Summer Village and this Bylaw for the purpose of regulating,
warning, or guiding traffic;
1.27 "Trailer" means a vehicle without motive power that is designed
to transport property and is meant to be towed by another
vehicle;
1.28 "Vehicle" means a mechanical device in, on or by which a
person or property may be transported either under its own
propulsion or drawn on a roadway and can include a
combination of thereof;
1.29 "Violation Ticket" means a ticket issued pursuant to Part 2 of
the Provincial Offences Procedure Act;
Section 2.0 - General
2.1
Any schedules attached to this Bylaw, will form a part of this
Bylaw.
2.2
Nothing in this Bylaw will operate to relieve any person from
complying with any Provincial or Federal regulations, or other
Summer Village Bylaws.
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
2.3
The maximum allowable speed limit in the Summer Village of
Birchcliff shall be 50km/h unless otherwise specified by a traffic
control device.
2.4
Nothing in this Bylaw prohibits any emergency vehicle as well
as vehicles engaged in roadway maintenance and inspection, or
Summer Village staff from being parked on the roadways in the
performance of their duties.
Section 3.0 - Traffic Control Devices
3.1
All "no parking" zones shall be indicated by traffic control
devices installed by the Summer Village.
3.2
The Summer Village shall have appropriate traffic control
devices installed and maintained to regulate traffic and speed
limits.
3.3
The location, style, and placement of all traffic control devices
shall be determined in accordance from standards derived from
the Transportation Association of Canada.
3.4
No person shall contravene any traffic control device within the
Summer Village under authority of this Bylaw.
3.5
No person shall be permitted to remove or tamper with any
traffic control device that is installed or placed within the
boundaries of the Summer Village.
Section 4.0 - Summer Village Parking
4.1
No operator of:
a) a heavy vehicle;
b) any type of construction machinery or heavy equipment;
c) a bus;
d) a recreational vehicle; or
e) a trailer;
shall park or be permitted to be parked on any public roadway
or municipal land within the boundaries of the Summer Village.
With the exception of temporarily loading and/or unloading any
materials from a vehicle.
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
4.2
No person shall park a vehicle in a "no parking" zone unless
authorized by the Summer Village for a special event.
4.3
Parking on a public roadway shall be permitted when standing
in obedience to a peace officer.
4.4
A vehicle left parked in the same location on a public roadway
or municipal land in excess of 72 hours shall be deemed to have
been abandoned for the purposes of this Bylaw. A peace officer
may cause the vehicle to be removed and impounded at the
operator's expense. In lieu of, or addition to, the removal and
impounding of the abandoned vehicle, a peace officer may elect
to issue a violation ticket to the operator of the vehicle.
Section 5.0 - Off-Highway Vehicles
5.1
A peace officer, Summer Village staff, or agent of the Summer
Village may operate an off-highway vehicle on public roadways
or municipal lands where such operation is required in
performance of their duties.
5.2
The hours of operating an off-highway vehicle shall be restricted
to the period of time between 8:00 am and 11:00 pm.
5.3
The maximum speed at which an off-highway vehicle shall be
permitted to travel on a roadway is 30 km/hr.
5.4
No person shall operate or ride as a passenger in an off-
highway vehicle within the Summer Village without wearing
head protection in the form of a helmet.
5.5
All off-highway vehicles operated within the Summer Village
must:
a) have a certificate of registration issued under the Traffic
Safety Act;
b) display a license plate issued under the Traffic Safety Act;
and
c) be insured as defined under the Traffic Safety Act.
5.6
No person shall operate or ride an off-highway vehicle adjacent
to or alongside another off-highway vehicle travelling in the
same direction.
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
5.7
No person shall operate an off-highway vehicle in any area
marked by an off-highway vehicle prohibited sign.
Section 6.0 - Restrictions
6.1
No vehicle shall be permitted to operate engine retarder brakes
within the boundaries of the Summer Village.
6.2
No operator shall exceed the vehicle weight restrictions,
commonly referred to as the "Road Ban", established by the
Summer Village on all public roadways within the Summer
Village of Birchcliff as outlined in Schedule "B" of this Bylaw
without an exemption permit distributed by the Summer Village's
third-party permitting agency.
6.3
No person shall place, pile, or store any snow, ice, gravel, dirt,
or other obstruction on any public roadway or municipal land.
6.4
Any person placing or causing to be placed any snow, ice,
gravel, dirt, or other obstruction on all public roadways and
municipal lands shall remove or cause the removal thereof in
any event no later than 24 hours after notification to do so by a
peace officer or the CAO or his/her designate. After 24 hours, a
peace officer may issue a violation ticket or elect to have the
Summer Village remove the obstruction and perform all
necessary repairs. The Summer Village's expenses required to
remediate the issue may be charged to the property tax of the
land subject to the order under Section 553 of the Municipal
Government Act.
6.5
No person shall operate a vehicle having spikes, metal tracks,
chains, lugs, corks, grousers, skids, or bands that connects to
their vehicle that will make contact on any public roadway. This
prohibition does not apply to studded winter tires. The operator
will be responsible for any damage caused to any public
roadway.
6.6
No person shall leave a vehicle unattended on a public roadway
while it is supported by a jack or similar device.
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
Section 7.0 - Violations & Penalties
7.1
Any Peace Officer, in that Officer's sole discretion, is hereby
authorized and empowered to issue a violation ticket to any
person whom the Peace Officer has reasonable and probable
grounds to believe has contravened or failed to comply with any
provision of this Bylaw. In this Bylaw, Peace Officer shall have
the same definition as contained in the Provincial Offences
Procedure Act and all amendments thereto.
7.2
Any person who contravenes or fails to comply with any
provision of this Bylaw is guilty of an offence and is liable to a
fine, as outlined in Schedule "A" of this Bylaw.
7.3
Service of such violation ticket shall be sufficient if it is:
a) personally served;
b) mailed to the address of the registered owner of the vehicle;
c) attached to the vehicle in respect of which an offence is
alleged to have been committed; or
d) mailed to the address of the registered owner of the property
in respect of which an offence is alleged to have been
committed.
7.4
Upon production of a violation ticket issued, pursuant to this
Bylaw, within fourteen (14) consecutive days from the date of
issue, together with the payment, to the Summer Village of the
penalties as provided in Schedule A of this Bylaw, the person to
whom the violation ticket was issued shall not be liable for
prosecution for the contravention in respect of which the
violation was issued.
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
AND THAT this Bylaw shall repeal Bylaw No. 224-20 and No. 230-21
and shall take full force and come into effect from and after the date of
3rd Reading thereof.
INTRODUCED AND GIVEN FIRST READING this 20th day of April
2023.
GIVEN second reading this 18th day of May 2023.
GIVEN THIRD AND FINAL READING this 18th day of May 2023.
Roger Dufresne, Mayor
Tanner Evans, CAO
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
SCHEDULE "A"
PENALTIES
Penalties that will be accepted by the Summer Village in lieu of
prosecution.
The Penalties shall apply to:
Section
Offense
Penalty
2.3 &
5.3
Driving beyond posted speed limit
Traffic Safety Act
3.5
Illegal removal or tampering of traffic
control devices
$200 per occurrence
4.1 &
4.2
Illegal parking
$100 per occurrence
4.4
Abandoned vehicle on public
roadway or municipal land
$350 per occurrence
5.2
Operating off-highway vehicle
between 23:00 and 8:00
$200 per
occurrence
5.4
Off-highway vehicle operator not
using head protection
Traffic Safety Act
5.5a
Operate unregistered off-highway
vehicle
Traffic Safety Act
5.5b
Off-highway vehicle license plate
non-compliance
Traffic Safety Act
5.5c
Operate uninsured off-highway
vehicle
Traffic Safety Act
5.6
Operating off-highway vehicle
adjacent/alongside another off-
highway vehicle
$120 per occurrence
5.7
Operating off-highway vehicle in
prohibited area
$250 per occurrence
6.1
Use of engine retarder brakes
$250 per occurrence
6.2
Violation of vehicle weight
restrictions
Traffic Safety Act &
Commercial Vehicle
Dimension and
Weight Regulation
Act
6.3
Depositing obstructions on public
roadways and municipal lands
$200 per occurrence
6.5
Use of prohibited tire/wheel
accessories
$150 per occurrence
6.6
Leaving a vehicle unattended on a
jack or similar device
$150 per occurrence
Summer Village of Birchcliff
Traffic Bylaw
Bylaw #245-23
SCHEDULE "B"
ROAD VEHICLE WEIGHT RESTRICTION
Time of Year
Road Ban
Year Round
75% G.V.W.