Brazeau County, Alberta
· No. 996-18
· adopted 2018-07-03
· summary & facts
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BRAZEAU COUNTY
Bylaw No. 996-18
BEING A BYLAW OF BRAZEAU COUNTY IN THE PROVINCE OF
ALBERTA TO CONTROL THE USE OF HIGHWAYS, ROADWAYS AND
STREETS WITHIN BRAZEAU COUNTY, THE TRAFFIC AND
PEDESTRIANS MOVING THEREON AND PARKING OF VEHICLES ON
THE SAID HIGHWAYS, ROADWAYS,STREETS, AND TO IMPOSE FEES
FOR ISSUING PERMITS FOR OVERWEIGHT AND OVER-
DIMENSIONAL COMMERCIAL VEHICLES ON HIGHWAYS UNDER THE
DIRECTION, CONTROL AND MANAGEMENT OF BRAZEAU COUNTY.
WHEREAS, by virtue of the authority vested in the Council of Brazeau
County and by virtue of the Traffic Safety Act, and amendments thereto,
which made provision for the enactment of bylaws relating to the regulation
of vehicle and highway traffic.
WHEREAS, Traffic Safety Act Section 13
(l)(a) -
(x) authorizes Brazeau
County "with respect to highways under its direction, control and
management, to make bylaws, not inconsistent with the Traffic Safety Act,
and on matters for which no provision is made in that Act, for the regulation
and control of vehicle, animal and pedestrian traffic."
WHEREAS, Brazeau County has enacted a byiaw for the purpose of
restricting the weight and size of vehicies and the goods being carried by the
vehicles or of vehicles and the goods being carried by the vehicles operating
on highways under the direction, control and management of Brazeau County
and such bylaw provides for the issuance of permits; and
WHEREAS, the Province of Alberta has developed the Transportation
Routing and Vehicle Information System Multi Jurisdiction (TRAVIS-MJ) to
address industry's need for a simplified, electronic oversize commercial
vehicle permitting system; and
WHEREAS, TRAVIS-MJ has the ability to charge permit applications a fee set
by the municipality for services provided by the municipality; and
AND WHEREAS, the fee will be collected by the Province on behalf of the
municipality will be distributed to the municipality to ensure that the
municipality does not incur any cost in adopting TRAVIS-MJ; and
NOW THEREFORE, the Council of Brazeau County hereby enacts a bylaw to
regulate vehicle and pedestrian traffic in Brazeau County.
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1.
This bylaw may be cited as "Brazeau County General Traffic Bylaw".
INTERPRETATION -
PART ONE
2.
(1) In this bylaw, including this Section, unless contrary context
otherwise requires:
"ACT" means Traffic Safety Act, revised statutes of Alberta 2000 and
amendments thereto.
"ALLEY" means a narrow highway intended chiefly to give access to the
rear of buildings and parcels of land.
"AXLE" means:
(i)
one or more shafts on which or with which two or more wheels
revolve, and
(ii)
the wheels on each shaft
"AXLE GROUP" means 2 or more axles that are on a vehicle and that are
situated on the vehicle as specified in the regulations;
"BICYCLE OR CYCLE" includes any cycle propelled by human power upon
which a person may ride, regardless of the number of wheels it may have.
"BOULEVARD" means, in an urban area, that part of a highway that
(i)
is not roadway, and
(ii)
is that part of the sidewalk that is not especially adapted to
the use of or ordinarily used by pedestrians.
"CARRYING AXLE" means an axle that is not a steering axle.
"CAO" means or his designate as per current Municipal Government Act
section 207 - 209
"CENTRE LINE" means:
(i)
the centre of a roadway measured from the curbs or, in the
absence of curbs, from the edges of the roadway, or
(ii)
in the case of a highway designated by traffic control devices
a) as an offset centre highway, or
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b) as a highway having a certain number of traffic lanes for
traffic moving in a certain direction at ail times or at specified
times, the line dividing the lanes for traffic moving in opposite
directions, or
(iii)
in the case of a divided highway, that portion of the highway
separating the roadways for traffic moving in opposite
directions.
"COMMERCIAL VEHICLE" means:
(i)
a vehicle operated on a highway by or on behalf of a person for
the purpose of providing transportation but does not include a
private passenger vehicle.
"COUNTY" means Brazeau County
"COUNCIL" means the Council of Brazeau County duly assembled and
acting as such.
"CROSSWALK" means
(i)
that part of a roadway at an intersection included within
the connection of the lateral line of the sidewalks on the
opposite sides of the highway measured from the curbs
or, in the absence of curbs, from the edges of the
roadway, or
(ii)
any part of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by signs or by
other markings on the road surface.
"CURBS" means the actual curb, if there is one, and if there is 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.
"DAYTIME" means the period commencing one hour before sunrise and
ending one hour after the following sunset.
"DRIVER" or "OPERATOR" means a person who drives or is in actual
physical control of a vehicle."EMERGENCY VEHICLE" means:
(I)
a vehicle operated by a police service as defined in the Police
Act;
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(ii)
a fire-fighting or other type of vehicle operated by the fire
protection service of a municipality;
(ill)
an ambulance operated by a person or organization providing
ambulance services;
(iv)
a vehicle operated as a gas disconnection unit of a public utility;
(v)
a vehicle designated by regulation as an emergency response
unit;
"GROSS WEIGHT OF A SINGLE AXLE" means the total weight a single axle
transfers to the highway.
"GROSS WEIGHT OF A TANDEM AXLE" means the total weight a tandem
axle transfers to the highway.
"GROSS WEIGHT OF AN AXLE GROUP" means the sum of the weights
transferred to the highway by all axles within the axle group.
"GROSS WEIGHT OF AN AXLES" means the sum of the weights transferred to
the highway by:
(i)
all the axles of a vehicle, or
(ii)
all the axles of a combination of vehicles.
"HIGHWAY" means any thoroughfare, street, road, trail, avenue, parkway,
driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other
place, whether public or privately owned, any part of which the public is
ordinarily entitled or permitted to use for the passage or parking of vehicles,
and
(i)
Includes:
(a)
a sidewalk(includlng the boulevard portion of the
sidewalk).
(b)
where a ditch lies adjacent to and parallel with the
roadway, the ditch, and
(c)
where a Highway Right-of-way is contained between
fences or between a fence and one side of the roadway,
all the land between the fences, or all the land between
fence and the edge of the roadway, as the case may be.
(Ii)
does not include a place declared by the Lieutenant Governor in
Council not to be a Highway.
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"HOLIDAY" means a Sunday, a holiday as defined in the Interpretation Act
(Alberta) and a day or portion of a day proclaimed by the Council as a Civic
Holiday and includes New year's Day, Family Day, Good Friday, Victoria Day,
Canada Day, Labour Day, Thanksgiving Day, Remembrance Day and
Christmas Day, December 26"^ or when the day falls on a Sunday or Monday
the December 27''^.
"IMPLEMENT OF HUSBANDRY" means a vehicle designed and adapted
exclusively for agricultural, horticultural or livestock raising operations.
"INTERSECTION" means the area embraced within the prolongation or
connection of:
(i)
the lateral curb lines, or if none,
(ii)
the exterior edges of the roadways, or two or more highways
which join one another at an angle whether or not
one highway crosses the other.
"JUDGE" means a commissioner, magistrate, judge or a person appointed by
Alberta Justice in such a capacity (Justice of the Peace).
"LICENSED WEIGHT" means the gross weight of all axles for which a
commerical vehicle is licensed.
"MAXIMUM ALLOWABLE WEIGHT" means the weight that may be borne by a
commercial vehicle.
"MOTORCYCLE" means a motor vehicle mounted on two or three wheels and
includes those motor vehicles known to the trade as motorcycles, scooters
and power bicycles but does not include an off-highway vehicle as defined in
the Off-highway Vehicle Act.
"MOTOR VEHICLE" means
(i)
a vehicle propelled by any power other than muscular power, or
(ii)
a moped, but does not include a bicycle, a power bicycle, an
aircraft, an implement of husbandry or a motor vehicle that
runs only on rails.
"NIGHT TIME" means the period commencing one hour after sunset and
one hour before the following sunrise.
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"OPERATOR'S LICENSE" means a license to operate a motor vehicle
issued pursuant to the Traffic Safety Act
"OWNER" is the registered owner and inciudes any person renting a motor
vehicie or having the exclusive use thereof under a lease or otherwise for a
period of more than 30 days.
"PARK" when prohibited, means allowing a vehicie (whether occupied or not)
to remain standing in one piace, except
(i)
when standing temporarily for the purpose of and while
actually engaged in loading and unloading of passengers.
(ii)
when standing in obedience to a peace officer or traffic
control device.
"PARKING LANE" means that portion of a primary highway between,
(i)
the edge of the roadway to the right of the direction of
traffic, and
(ii)
the nearest soiid white iine (not being the centre iine)
marked on the roadway.
"PASSENGER LOADING OR UNLOADING SPACE" shali mean a space on
the vehicie portion of a highway marked with an authorized sign permitting
parking therein for the period necessary to load or unload passengers,
provided such period is five (5) minutes parking may be ailowed and the sign
shail indicate the time or times when the space is restricted to these
purposes.
"PEACE OFFICER" means a member of the Royal Canadian Mounted Poiice or
a Peace Officer as Appointed under the Soiicitor Generai of Aiberta.
"PEDESTRIAN" means a person on foot or a person in a wheeichair.
"PERCENTAGE AXLE WEIGHT" means the percentage that is appiied to
the maximum aiiowabie weights of carrying axles to determine the weight
that may bear on a highway.
"PRIMARY HIGHWAY" means a highway designed as a primary highway
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pursuant to the Public Highways Development Act.
"ROADWAY" means that part of a highway intended for use by vehicuiar
traffic.
"RURAL AREA" means any area other than a city, town or village.
"SEMI-TRAILER" means a vehicle designed for carrying persons or property
and drawn by a truck tractor on which part of its weight and load rests.
"SIDEWALK" means that part of a highway especially adapted to the use of
or ordinarily used by pedestrians, and includes that part of a highway
between the curb line thereof (or the edge of the roadway, where there is no
curb line) and the adjacent property line, whether or not paved or improved.
"SINGLE AXLE" means an "axle" as defined in the Traffic Safety Actor the
Commercial Vehicle Dimension and Weight Regulation 315/2002.
"STEERING AXLE" means the articulated axle or axle group at the front of a
motor vehicle which can be controlled by the driver for the purpose of
steering the motor vehicle.
"STOP" means:
(i)
when required, a complete cessation from vehicular
movement, and
(ii)
when prohibited, any halting even momentarily of a vehicle
whether occupied or not, except when necessary to avoid
conflict with other traffic or In compliance with the directions of
a peace officer or traffic control device.
"SUBSTANTIAL BUILDING" means a substantial building likely to contain
persons or valuable goods.
"TANDEM AXLE" means an axle group consisting of any 2 consecutive axles
on a vehicle where
(i)
the axles have an axle spread of not less than 1.2 metres and
not greater than 1.85 metres, or
(ii)
in the case of a trailer manufactured before November 15,
1988, the axles have an axle spread of not less than 1.0 metre
and not more than 2.4 metres.
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but does not include a lift axles In the down position or a single steer
axle;
"TRAFFIC CONTROL DEVICE" means any sign, signal, marking or device
placed, marked or erected for the purpose of regulating warning or guiding of
traffic.
"TRAFFIC CONTROL SIGNAL" means a traffic control device, whether
manually, electrically or mechanically operated, by which traffic Is directed to
stop or proceed.
"TRAFFIC LANE" means:
(I)
outside an urban area, a longitudinal division of a roadway Into
a strip of sufficient width to accommodate the passage of a
single line of vehicles but does not mean a parking lane, and
(II)
Inside an urban area, a longitudinal division of a roadway Into a
strip of sufficient width to accommodate the passage of a single
line of vehicles, whether or not lines on the road Indicate the
division surface.
"TRAILER" means a vehicle so designed that It,
(I)
may be attached to be drawn by a motor vehicle or tractor, and
(II)
Is Intended to transport property or persons.
And Includes any vehicle defined by regulation as a trailer but does not
Include machinery or equipment solely used In the construction or
maintenance of highways; or Implement of husbandry
"TRAVIS-MJ" means Transportation Routing and Vehicle Information System
Multl Jurisdiction.
"TRUCK" means a motor vehicle designed and Intended for the transport of
goods or carrying of loads.
"TRUCK TRACTOR" means a truck that may be coupled to a seml-traller by
means of a fifth wheel, but does not Include a bed truck, picker truck or
winch truck;
"URBAN AREA" means a city, town, village or hamlet.
"VEHICLE" means a device In, upon, or by, which a person or thing may
be transported or drawn upon a highway.
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(2)
Words, which have been defined in the Act, have the same meaning
when they are used in the bylaw, unless they have been otherwise
defined in subsection (1) or unless the context expressly requires
otherwise.
"WARNING DEVICES" means advance warning triangles that are approved if
they comply with the specifications established by
a)
the Society of Automotive Engineers, or
b)
the Canadian Standards Association
A public vehicle shall carry approved
a)
advance warning triangles
"WARNING NOTICE" means a sign or similar device to show that "this
property (by way of sign) has Dangerous Goods on site".
RULES FOR OPERATION OF VEHICLES -
PART TWO
3.
(a)
When the Council has caused any highway intersection or
other place on a highway to be marked by traffic control
devices or traffic control signals, or otherwise indicating that no
left turn or no right turn, or both, shall be made no operator of
a vehicle shall make such prohibited turn.
(b)
No person when operating a motor vehicle shall turn his
vehicle so as to proceed in the opposite direction on a roadway
between intersections within any hamlet in Brazeau County.
4.
No person when driving a vehicle on a bridge, having not more
than two lanes for traffic, shall drive or attempt to drive such vehicle
past any other vehicle proceeding in the same direction.
5.
No vehicle operator shall drive or stand a vehicle upon any highway in
such a manner as to block, obstruct, impede or hinder traffic thereon;
where the obstruction is unavoidable, due to the mechanical failure,
the operator will not be in breach of this section provided he promptly
takes measures to clear the faulty vehicle from the road.
6.
No person shall drive any vehicle over or upon any safety zone. This
provision shall not apply where the safety zone is designated by
painted lines and there is no pedestrian therein.
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7.
(a)
No operator of a vehicle shall drive through any military or
funeral procession nor through the ranks of any other
authorized parade or procession or in any way obstruct, impede
or interfere with the same.
(b)
Subsection (a) hereof shall apply where there are traffic lights.
No operator of a vehicle shall proceed on a green light while a
parade or procession is within the intersection unless it is safe
to do so.
8. (a)
When any construction or repairs or alterations are in progress
on or adjoining any roadway or highway within the Brazeau
County and such work is being indicated by barricades or traffic
control devices or traffic control signals, or by a flagman, no
person shall disregard the warning given thereby and every
operator shall obey any signal or signage of a flagman on duty
at the site of the work.
(b)
When a vehicle is engaged in such roadway or highway
construction, repairs or alterations within an area controlled by
a flagman, the provisions of this bylaw relating to backing,
turning, stopping, crossing the centre line and making other
movements, shall not apply to such vehicle.
SPEED-PART THREE
9.
(a)
No driver shall drive at any rate of speed that is unreasonable,
having regard to all the circumstances of the case, including,
without restricting the generality of the foregoing,
I)
The nature, condition and use of the highway
ii)
The atmospheric weather or other conditions that might
affect the visibility of the driver or the control of the
vehicle
ill)
The amount of traffic there then is or that might
reasonably be expected to be on the highway and
iv)
The mechanical condition of the vehicle or any
equipment of the vehicle.
(b) The rate of speed for motor vehicles day or night on County
roads in Brazeau County shall not exceed 80 kilometers per
hour, unless otherwise posted.
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(c)
Notwithstanding the provisions of subsection (b), no person
shall drive at a greater rate of speed than the maximum rate
designated by signs erected along any road or highway within
Brazeau County.
Where a speed limit is prescribed pursuant to this section the
speed limit applies to all that part of the highway between the
point where the first sign indicating the prescribed speed limit is
posted and the point where a sign is posted indicating a greater
or lesser speed or indicating that the prescribed speed limit has
ceased to apply.
(d)
Notwithstanding the provisions of subsection (b) above, the
rate of speed for all motor vehicles on the highways and
roadways within hamlets, shall not exceed 50 kilometers per
hour at any time day or night, unless otherwise posted.
PEDESTRIANS -
PART FOUR
10. (a)
No person shall cross any highway at a point where a sign
prohibits such crossing.
(b) No person shall stand, sit or lie on any highway in such a
manner as to obstruct vehicular or pedestrian traffic or so as to
annoy or incommode any other person lawfully upon the
highway.
(c)
Nothing in subsection (b) of this Section shall be construed as
prohibiting the assembling of persons for the purpose of
watching a parade or procession duly authorized by Council.
(d)
Nothing herein shall be construed as prohibiting the
congregation or assembling of individuals to attend and listen to
street preaching or public speaking so long as the proceedings
thereat are peaceable and orderly and sufficient space is left on
the highway to allow free movement of the ordinary traffic; but
should any highway at or near such assembiy become in
consequence thereof so obstructed as to impede movement of
the ordinary traffic, such congregation or assembly of
individuals shall forth with move away upon being requested to
do so by any peace office. Any person failing to do so shall be
in breach of this bylaw.
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CYCLISTS
11. (a)
No person shall ride a q^cle on any sidewalk except where
expressly permitted to do so by this byiaw. Children's bicycles
and tricycles having a wheel diameter of less than 50
centimeters are exempt from the provision. Use of Ring Road
and Rocky Rapids waiking paths by cyclists is prohibited.
(b)
Every bicycle while in operation on a highway at night shall be
equipped with one headiamp at the front and one reflector at
the rear of the bicycle.
PARKING -
PART FIVE
12.
No person shall park a vehicle upon any highway or roadway in such
a manner that any part of the vehicle is within three (3) meters of
the centre line of the highway, whether or not such centre line is
marked on the highway, provided that the foregoing shall only
apply to highways where the portion thereof intended for vehicular
traffic is tweive (12) meters or more in width.
13.
No person shall park a vehicle for any period of time whatsoever at
the following locations, namely:
(a)
Upon any highway or roadway in front of any buildings in
course of erection or repairs when such parking will impede or
obstruct traffic.
(b)
In any bus stop properly marked by a traffic control device.
(c)
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 highway.
(d)
In the entranceway to any fire hall or the ambulance
entranceway to any hospital.
(e)
No person shall park a vehicle at a place or area where the
traffic control device indicates that parking there is restricted to
a certain class of vehicles only.
(0
No person shall park a vehicle on any roadway or in any
place or during such hours of the day during which
parking is prohibited as designated by traffic control devices.
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Page j 12
14. (a)
Notwithstanding any other provision in this bylaw, the
Council or their authorized representatives may cause movable
traffic control devices to be placed on or near a roadway or
highway for any reasonable purpose.
(b)
i)
After such traffic control devices are placed on or near a
roadway, or highway, no unauthorized person shall park
or leave a vehicle on the portion so prohibited to parking
for so long as the traffic control device remains.
ii)
Any non-authorized vehicle that is on such roadway
or highway when such traffic control devices are placed
shall be removed promptly by its owner, er operator or
enforcement personnel.
ill)
When any snow removal or highway
clearing commences on the thusiy-designated roadway
or highway, then the owner shall be charged with
unlawful parking and the vehicle may be removed.
15.
(a)
No person shall park any vehicle upon any land owned or
maintained by Brazeau County, which the said County uses or
permits to be used as a playground or recreation area or a
public park unless permitted by the County.
(b)
No person shall park any vehicle upon any land owned by
Brazeau County, which the said County uses or permits to be
used as a public campground or recreation area, in excess of 72
hours, unless so permitted by traffic control devices.
16.
No person shall park any trailer (whether designed for occupancy by
persons or for the carrying of goods or equipment), upon any highway
unless the 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. Notwithstanding this section, no person shall park a trailer
on a highway for more than 72 hours unless permitted by Brazeau
County.
SPECIAL CLASSES OF VEHICLES -
PART SIX
Brazeau County Traffic Bylaw
Page 1 13
17.
No person shall angle park any vehicle or tractor or trailer which singly
or together exceeds six (6) meters in overall length, upon any highway
except at such locations as have been designated by the County by a
traffic control device.
18.
No person shall park a vehicle or a vehicle with any type of trailer
attached thereto upon any highway if the overall length of the vehicle
or the vehicle with the trailer exceeds seven and one half (7.5)
meters:
(1)
between the hours of 5:00 o'clock in the afternoon and 8:00
o'clock in the forenoon of the succeeding day; or
(2)
at any hour of the day or night when the said parked vehicie or
vehicle and trailer, would be located either in front of or across
from or on the frontage of residentiai property.
19.
No person shall park a vehicle or trailer used for the conveyance of
Regulated Dangerous Goods: (eg. flammable liquid or an explosive
material)
(a)
upon a highway at any time, unless in designated area
(b)
nearer than one hundred and fifty (150) meters to a substantial
building likely to contain persons or valuable goods and then
only if the vehicie has a warning notice clearly displayed.
(c)
this section shall not apply where a vehicle or trailer is obliged
to be parked while making deliveries in the course of its
ordinary business if the vehicle has a warning notice clearly
displayed.
20. (a)
No person shall operate a vehicle in excess of the load limits, or
the size limits, or in contravention of any prohibitions as stated
in the Traffic Safety Act and its reguiations, this byiaw or any
other County bylaw without first obtaining from the County a
permit to do so, and then only subject to such conditions as
specified in the permit.
(b) The Director of Pubiic Works or Designate or Community Peace
Officer of Brazeau County are hereby appointed officers of the
County to issue permits on behalf of the County under this part.
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21.
Where a traffic control device indicates the maximum ioad
permitted on a bridge, no person shall operate upon the said
bridge a vehicle weighing with or without load, in excess of the
ioad limit so designated and posted upon the said bridge.
22. (a)
If the maximum weight of the vehicie and load carried by said
vehicle exceeds that permitted by this bylaw, or by the Traffic
Safety Act, a breach of this section is committed and, a
Summons shail be issued and any person convicted of such an
offense is liable to a penalty as prescribed in the Traffic Safety
/Icf and Regulations thereunder as amended from time to time.
(b)
In case of any dispute arising as to the weight of any vehicle,
the same shall be weighed upon scales designated by a
Community Peace Officer of the County, and the certificate of
the person weighing the vehicle shall be deemed conclusive.
23. (a)
The following maximum sizes of vehicles are hereby
established:
i)
Two and six tenth (2.6) meters in width, provided
however, that the vehicie width is allowabie by the
Traffic Safety Act and its Regulations.
ii)
Four and fifteen hundredths meters (4.15) in height
measured from the pavement or similar surface.
(i)
Twenty-three (23) meters in overall length of any vehicle
or tractor with semi-trailer or any other combination of
vehicle coupled together.
iv)
or such other sizes of vehicle authorized by a provinciai
permit and County permit for width, height or length.
(b)
No person shall operate any vehicle in excess of the maximum
height or width or both established in subsection (a).
24. (a)
The maximum axle weight or any combination of axies,
including load, if any, shall not exceed 63,500 kilograms.
(b)
Notwithstanding the provisions of subsection (a) where
otherwise posted, the maximum axle weights of vehicles or
Brazeau County Traffic Bylaw
Page j 15
any combination of vehicles or axles, including load, if any, shall
not exceed the maximum weights indicated on the traffic
control devices posted.
(c)
Notwithstanding subsection (a) the maximum combined weights
of all axles, including load, if any, on all highways within the
Brazeau County shall not exceed 63,500 kilograms.
(d)
Notwithstanding the provisions of subsections (b) and (c) no
person shall operate a vehicle or combination of vehicles on any
highway within Brazeau County when the weight being borne
by an axle group of the vehicle or combination of vehicles is in
excess of the allowable axle weight percentage indicated on the
traffic control devices posted.
(e)
No person shall operate a vehicle or combination of vehicles
over or on any highway within Brazeau County when the
vehicle or combination of vehicles is in excess of the maximum
allowable weight set out by the Traffic Safety Act and/or
regulations, without first obtaining authorization from the
Brazeau County.
(f)
No persons shall operate a vehicle or combination of vehicles on
any highway within Brazeau County when the weight of the
vehicle or combination of vehicles is in excess of the weight
specified on the registration certificate, provincial permit or
County permit.
(g)
No person shall operate a truck over on any highway within the
Brazeau County where traffic control devices have been erected
indicating that truck traffic is prohibited.
25. (a)
No person, except with permission of the County, shall
operate or move upon or over any paved or graveled highway
any vehicle or traction engine having cleats, tracks or other
devices attached to its wheels or made a part thereof, which
may injure the highway.
(b)
No person, except with the permission of the County, shall
operate or move upon or over any County highway any vehicle,
load, building, machine, contrivance or things which may
obstruct traffic, or which would exceed the maximum weight
Brazeau County Traffic Bylaw
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limitations or any other object or thing which in the opinion of
the County might have some adverse effect on the highway.
(c)
Before granting permission to move the load, object or thing
over any highway is prescribed in subsection (b), the County
may, if in their opinion deemed necessary, direct the applicant
as to conditions under which such load, object or thing may be
moved.
26. (a)
The County may issue a permit in special cases for the
operation of a particular type of vehicle and for load, or
movement of any other class of traffic otherwise prohibited by
this bylaw.
(b) The County may require the owner, operator, driver or mover
or such vehicle and/or load, or any of them as a condition
precedent to obtaining such a permit, to agree to be
responsible for all damages which may be caused to the
highway by reason of driving, operating or moving of such
vehicle and/or load upon the highway, and the County may, as
a condition precedent to the granting of such permit, require a
bond sufficient to cover the cost of repairing such possible
injury or damage to the highway.
AUTHORITY OF THE CHIEF ADMINISTRATIVE OFFICER (CAO)
or
DESIGNATE -
PART SEVEN
27. (a)
The Council hereby delegates to the CAO the
power to prescribe where traffic control devices and traffic
control signals are to be located. Without restricting the
generality of the foregoing, traffic control devices and traffic
control signals shall be deemed to mean and include all stop
signs, yield signs, speed limit signs, weight signs and other
signs regulating the use of any roadway or highway located
within the boundaries of Brazeau County and failing within the
jurisdiction of the said County.
(b) The Councii hereby directs that a record of the location of the
traffic control devices and traffic control signs shall be kept
which shall be open to public inspection during normal business
hours.
28.
Without restricting the generaiity of the foregoing section, the CAO is
hereby authorized to designate any highway for through traffic
Brazeau County Traffic Bylaw
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purposes. Such highway shall be properly marked for through traffic If
stop signs or yield signs are erected at all Intersections of such
highway.
29. (a)
The CAO Is hereby authorized to designate
safety zones and cause the same to be marked.
(b) The CAO Is hereby authorized to designate crosswalks upon any
highway and to mark the same.
30. (a)
The CAO Is hereby authorized to designate
any highway Intersection or other place on a highway as a place
at which no left hand or right hand turn or both shall be made,
and cause the said place to be marked with appropriate traffic
control devices.
(b) The CAO Is hereby authorized to designate any Intersection 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
and shall cause the same to be marked with an appropriate
traffic control device.
31.
When the Council has approved any highway or part of a highway
being designated for one way traffic, then the CAO shall cause the
same to be marked with traffic control devices.
32.
The CAO Is hereby authorized to designate;
(a)
any highway as one which Is closed temporarily In whole or In
part to traffic;
(b)
any area as one In which parking privileges are temporarily
suspended;
and shall cause such highway or area to be marked with
appropriate traffic control devices.
33.
The CAO Is hereby authorized to designate any highway or roadway as
one to be divided Into traffic lanes of such number as then consider
proper.
34.
The CAO Is hereby authorized to designate "school zones" and
"playground zones". Such zones shall be marked by traffic control
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devices and traffic control signals posted along the highway, or by
markings on the pavement or by lights posted or suspended over the
highway.
35. (a)
Unless otherwise designated by this bylaw or any other bylaw
passed by Council. The CAO Is hereby authorized to designate
vehicle speed on any highway or portion of a highway and shall
cause the same to be so designated by traffic control devices.
(b) The CAO Is hereby authorized to designate
any boulevard upon which parking Is permitted and shall
cause traffic control devices to be erected so designating.
(c)
The CAO Is hereby authorized to designate passenger or truck
loading spaces and shall cause the same to be marked by traffic
control devices.
(d) The CAO Is hereby authorized to designate "bus stops",
Including "school bus stops" and shall cause the said areas to
be marked by traffic control devices.
36.
The CAO Is hereby authorized to designate:
(a)
distance from any Intersection within which no parking Is
Permitted;
(b)
portion of a highway where parking is limited to a period of
time;
(c)
areas for angle parking on any highway;
and shall cause the appropriate traffic control devices to be
erected.
37.
The CAO Is hereby authorized to prohibit or restrict by traffic control
devices the movement of vehicles from a private driveway onto a
highway or from a highway onto a private driveway where such
prohibition or restriction Is deemed advisable In the public Interest and
for better regulation of traffic.
38.
The CAO Is hereby authorized to designate:
(a)
In case of unfavorable road conditions, reduced maximum
vehicle speeds and/or load weights.
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(b)
maximum vehicle weight restrictions on bridges;
and cause the same to be indicated by placing appropriate traffic
control devices.
POWERS OF PEACE OFFICER -
PART EIGHT
39. (a)
Any Peace Officer is hereby authorized to remove or cause
to be removed any vehicle or trailer:
i)
parked in contravention of a provision of this bylaw,
ii)
where emergency conditions may require such removal
from a highway.
Such vehicle may be removed to a place designated by
the CAO, where it will remain impounded until claimed
by the owner thereof or his agent or disposed of in
accordance with the Traffic Safety Act.
(b)
No impounded vehicle shall be released to its owner or his
agent until the impounding charge sufficient to meet the
reasonable storage charges on the vehicle have been paid for
that purpose; such charge 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.
40. (a)
A notice or form commonly called a Violation Tag or Ticket,
having printed wording approved by the CAO may be issued by
a peace officer to any person alleged to have breached any
provisions of this bylaw, and the said Violation Tag or Ticket
shall require the payment to such official as the CAO may
designate, of the amount specified for that particular breach of
this bylaw.
(b)
If a person named in a Violation Tag or Ticket has been
prosecuted by way of a ticket, then the conviction under
Provincial Offense Procedures Act will be honored.
41.
A ViolationTag or Ticket shall be deemed to be sufficiently
served:
(a)
if serviced personally on the accused, or
Brazeau County Traffic Bylaw
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(b)
if mailed to the address of the registered owner of the
vehicle concerned or to the person concerned, or
(c)
If attached to or left upon the vehicle In respect of which the
offense Is alleged to have been committed.
42.
Nothing In Section 40 shall:
(a)
Prevent any person from defending a charge of committing a
breach of this bylaw.
(b)
Prevent any peace officer or other person from laying an
Information and compliant against any other person whether or
not such other person has made a payment voluntarily.
43.
Where a person has paid a Traffic Tag or Ticket and has then been
wrongfully prosecuted for the offense In respect of which the tag or
ticket Is Issued, then such person shall, upon written application to the
CAO be entitled to a refund of the Traffic Tag or Ticket payment.
44.
Where a person charged with an offense against the provisions of this
bylaw Is a mate person under the age of 18 years; such persons shall
In respect of such offense be subject to the Youth Justice Act, C.Y-1,
RSA 2000 and amendments thereto.
45.
Each peace officer Is hereby charged with the duty of enforcing the
provision of this bylaw.
SEIZURE OF MOTOR VEHICLES
46. (a)
A peace officer who, on reasonable and probable grounds
believes that any offense enumerated In this bylaw has been
committed, may seize and detain any motor vehicle, vehicle,
load, building, machine, contrivance or thing. In respect of
which the offense has been committed until the final disposition
of any proceedings that may be taken under this bylaw.
(b)
A peace office seizing a motor vehicle, vehicle, load, building,
machine, contrivance or thing, pursuant to subsection (a) may
cause the same to be removed and taken to and stored In a
suitable place and cause such tests and examinations thereof to
be made as he considers proper.
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(c)
Excepting where subsection (d) applies, ali costs for removal
and storage of the motor vehicle, vehicle, load building,
machine, contrivance or thing, are in lien upon the same which
may be enforced in a manner provided in the Possessory Liens
Act
(d)
If proceedings are not taken under this bylaw within ten (10)
days after the motor vehicle, vehicle, load, building, machine,
contrivance or thing, is seized and detained pursuant to
subsection (a), the said motor vehicle, vehicle, load, building,
machine, contrivance or thing shall forthwith be returned to the
owner thereof upon the owner paying for such towing and
storage.
(e)
Notwithstanding anything in this section, where a motor
vehicle, vehicle, load, building, machine, contrivance or thing is
seized pursuant to subsection (a), any Judge having jurisdiction
in the place within which the offense is suspected of having
been committed, may, in his discretion release the motor
vehicle, vehicle, load, building, machine, contrivance or thing,
pending the disposition of any proceedings that may be taken
under this bylaw, if security is given therefore in the sum which
shall not exceed five hundred dollars ($500.00).
MISCELLANEOUS -
PART NINE
47. (a)
No person shall allow trees, hedges or shrubs located on or
adjacent to a highway right-of-way boundary, whether planted
before or after the date of the passing of this bylaw, to grow to
such a height that good visibility for safe traffic flow Is thereby
interfered with.
(b) The CAO may order any person concerned to comply with the
provisions of subsection (a) hereof within ten (10) days of
being notified to do so. If the person fails to comply with such
order the CAO may direct employees or agents of the County to
enter upon the private property to carry out the necessary
work, and may charge the cost of so doing against the person
in default. Such cost may be added to the tax roll of the
property upon which the work is carried out.
(c)
i)
No person shall erect or cause to be erected, built, or
placed, a fence, wall or other object on private property
within fifteen (15) meters of a highway right-of-way
Brazeau County Traffic Bylaw
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boundary, so that good visibility for safe traffic flow is
thereby interfered with.
ii)
No person shall continue the existence of a fence, wall or
other object on private property within fifteen (15)
meters of a right-of-way boundary after the passing of
this bylaw so that good visibility for safe traffic is thereby
interfered with.
(d)
Nothing contained in this section shall affect the liability of
any person to prosecution for breach of this section.
48.
No person shall load or unload goods or merchandise across a
sidewalk or a boulevard where loading and unloading facilities
have been provided in the premises to which the goods or
merchandise are being delivered or from which they are being
taken.
49.
No person shall pass beyond a point designated by a peace
officer or a member of a fire department near the location of a
fire.
50. (a)
No person shall allow himself to be drawn by a moving
vehicle while he is riding upon a sled, toboggan, skis, bicycle,
trailer or other conveyance, upon a roadway or highway.
(b)
No person shall coast on a sled, toboggan, skis, roller skates or
other conveyance, except a bicycle or roller blades, upon a
roadway or highway. Roller blading must be done on the left
side of the highway nearest the shoulder facing traffic.
51. (a)
No person shall place any sign, notice or structure upon an
County highway, road allowance or boulevard abutting County
property, including public walks, unless authorized by the CAO
to do so.
(i)
No person shail park vehicies for extended periods upon
a County Highway, road allowance or boulevard abutting
County property inciuding public walks.
(b)
Any sign, notice or other object placed on or beside a County
highway or upon abutting public iands, including boulevards
and sidewalks, shall be liable to removal and immediate
Brazeau County Traffic Bylaw
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disposal by the County without notice or warning to the owner
thereof.
52. (a)
No person shall wash a vehicle upon a highway or so near a
highway as to result In depositing mud or creating slush or
Ice upon a public sidewalk or roadway.
(b)
No person operating premises for the sale of new or used
vehicles or for washing vehicles shall wash such vehicles so as
to result In water, mud or slush upon the public sidewalk or
highway.
(c)
No person operating a business premises to which entry or exit
for vehicles Is made by a crossing located between the highway
curb and the private property line shall allow water or mud,
slush or Ice or Icy or frozen snow to remain on the public
sidewalk or roadway portion of such crossing, but will keep the
same clean or clear of all such matter, liquids or substances as
may be or become hazard to pedestrians.
(d)
No person owning or occupying property within Brazeau
County, to which entry or exit for vehicles Is made onto a
county road or public road, shall allow water, mud, slush. Ice,
frozen snow or snow to be pushed onto the county public
roadway or to let such materials remain on the county road or
public roadway as a result of clearing or cleaning the exit or
entry to the said property.
53. (a)
When a vehicle Is driven, used, parked or left In contravention's
of any provision of this bylaw, the owner of the vehicle is
responsible for the contravention and liable for the penalty
provided herein unless he proves to the satisfaction of the
Judge trying the case that at the time of the contravention the
vehicle was not driven, used, parked, or left by him or by any
other person with his consent expressed or Implied.
(b) The word "owner" as used In this section means In the case of
a vehicle registered pursuant to the Traffic Safety Act the
person named on the certificate of registration.
54.
Breach of this bylaw Is an offence. Any person contravening any
provision of this bylaw shall, upon conviction, be subject to the
penalties prescribed by, either of:
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1.
Schedule "A" of this bylaw as amended from time to time; or
2.
The Traffic Safety Act dir\6 regulations thereunder as amended
from time to time; or
3.
Any other provincial statute or regulation dealing with the use
of highways, roadways and streets, the traffic and pedestrians
moving thereon and the parking of vehicles on highways,
roadways and streets whichever is applicable.
55. Where no penalty is specified for a particular breach of this bylaw, a
person convicted of an offence is liable upon conviction to a penalty of
not more than $2,500.00, exclusive of costs and in default of payment
to imprisonment of not more than six (6) months.
56. For offences where no specified penalty is provided, a violation
Summons will be Issued, requiring a Court appearance.
PERMITS -
PART TEN
57. That a fee be charged to the applicants for the issuing of permits for
overweight and oversize vehicles or of vehicles and the goods being
carried by the vehicles to operate on highways under the direction,
control and management of Brazeau County and such fee shall be in
accordance with Schedule "A" attached hereto.
58. Schedule "A" of this bylaw may be amended from time to time by
resolution of Council.
59. Brazeau County hereby delegates to the Province of Alberta, through
TRAVIS-MJ, the ability to charge permit applicants a fee as set by
Brazeau County.
60. The invalidity of any section, clause, sentence, or provision of this
bylaw shall not affect the validity of any other part of this bylaw, which
can be given effect with such invalid part or parts.
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THEREFORE, Bylaw No. 769-11 shall be repealed upon the final passing of Bylaw
996-18.
READ a first time this 3'"'^ day of July, 2018
READ a second time this 3'"'^ day of July, 2018
READ a third and final tirne andjin^ '
passed this 3'"'^ day of July, 2018
InterimiRl^f Admlm^rative Officer
Brazeau County Traffic Bylaw
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BRAZEAU COUNTY
BYLAW NO. 996-18
SCHEDULE"A"
WHEREAS, under the provisions of the Provincial Offences Procedures, Act, being
Chapter of the Revised Statutes of Alberta 2000 and amendments thereto and under
the provisions of the Municipal Government Act, being Chapter M-26 of the Revised
Statutes of Alberta 1980 and amendments thereto, the Council of a municipality
may by bylaw provide for the payment of traffic tickets or summons out of court.
A notice or form (commonly called a traffic tag or a violation ticket) may be issued
by a peace officer or by special constables appointed by the County Council to any
person charged with a breach of any of the provisions of this bylaw and the hereto
above mentioned Acts shall apply in regards to the payment.
The following is a list of fines in relation to this bylaw.
First Offence:
Prohibited turns
Part Two, Sections 3
(a)
$115.00
Obstructing Traffic
Part Two, Section 5
$115.00
Driving over or upon safety zone
Part Two, Section 6
$172.00
Prohibited crossing signs
Part Four, Section 10 (a)
$57.00
Stand, sit or lie on highway
Part Four, Section 10 (b)
$57.00
Sidewalk riding
Part Four, Section 11(a)
$25.00
Parked near centre line
Part Five, Section 12,
$55.00
Parking in front of construction
Part Five, Section 13 (a)
$57.00
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Parking In bus stop
Part Five, Section 13 (b)
$57.00
Parking -
fire or emergency exit
Part Five, Section 13 (c)
$57.00
Parking -
fire hail or hospital
Part Five, Section 13 (d)
$57.00
Parking -
restricted vehicle class
Part Five, Section 13 (e)
$57.00
Parking -
restricted hours
Part Five, Section 13 (f)
$57.00
No Parking Zone (signs)
Part Five, Section 14 (b)(i)
$57.00
Parking -
snow removal
Street cleaning zones
Part Five, Section 14,
$57.00
Parking -
County owned or
Maintained playground. Public Park
Or recreation area
Part Five, Section 15 (a)
$57.00
Parking -
Public Campground
Part Five, Section 15 (b)
$57.00
Parking an unattached trailer
Part Five, Section 16,
$100.00
Angle parking of vehicle
Exceeding 19 feet
Part Six, Section 17
$100.00
Parking vehicle with trailer attached
Part Six, Section 18
$100.00
Parking vehicle with Regulated
Dangerous Goods
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Part Six, Section 19
Prohibited Truck Route
Part Six, Section 24
Cieated Vehicle
Part Six, Section 25
Loading or unloading in restricted zones
Part Nine, Section 48
Passing beyond a point near a fire
Part Nine, Section 49
Towing behind vehicle
Part Nine, Section 50 (a)
Coasting on roadway
Part Nine, Section 50 (b)
Placing a sign
Part Nine, Section 51(a)
Depositing snow on road
Part Nine, Section 52(a)
Depositing mud on road
Part Nine, Section 52(b)
Washing vehicles
Part Nine, Section 52(c)
$520.00
$172.00
$450.00
$57.00
$172.00
$115.00
$30.00
$57.00
$30.00 or cost of ciean-up
First Offence $100.00
Second Offence $250.00
Third Offence $500.00
$30.00 or cost of ciean-up
First Offence $100.00
Second Offence $250.00
Third Offence $500.00
$30.00 or cost of clean-up
First Offence $100.00
Second Offence $250.00
Third Offence $500.00
Load Permit -
County permission
Part Six, Section 24 (e)
$230.00
Exceed Registered Weight
Part Six, Section 24 (f)
$230.00
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