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THE VILLAGE OF BRETON
BYLAW NUMBER 07-01
BEING A BYLAW OF THE VILLAGE OF BRETON IN THE PROVINCE OF ALBERTA TO CONTROL AND
REGULATE THE USE OF HIGHWAYS WITHIN THE VILLAGE, THE TRAFFIC, PEDESTRIANS AND
ANIMALS MOVING THEREON, AND THE PARKING OF VEHICLES THEREON.
WHEREAS, the Council of the Village of Breton deems it necessary to regulate traffic within the Village;
AND WHEREAS, the Traffic Safety Act R.S.A. 2000 c. T-6 and the Municipal Government Act R.S.A. 2000 c.
M-26 provide authority for the Village to regulate such matters;
NOW THEREFORE, the Council of the Village of Breton in the Province of Alberta hereby enacts as follows:
1.
TITLE
1.1
This Bylaw may be cited as the "Traffic Bylaw."
2.
DEFINITIONS
2.1
Except as otherwise defined in this Bylaw, all words in this Bylaw shall have the same meaning as the
Traffic Safety Act, R.S.A. 2000, c.T-86.
2.2
"Act"
means the Traffic Safety Act R.S.A. 2000 c.T-6.
2.3
"Bicycle" means any device propelled by human power upon which any person may ride, regardless of the
number of wheels it may have but shall not include a wheel chair.
2.4
"Council" means the Council of the Village of Breton.
2.4
"Crosswalk"
means:
(a)
that part of a roadway at an intersection included within the connection of the lateral line of the
sidewalks on opposite side of the Highway measured from the Curbs or, in the absence of Curbs, from
the edges of the roadway, or
b)
any part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by
signs or by lines or by other markings on the road surface.
2.5
"Curb" means the actual Curb if there is one, and if there is no Curb in existence shall mean
the division of a Highway between the roadway and a boulevard or sidewalk.
2.6
"Enforcement Officer" - means a Bylaw Enforcement Office authorized by the Village under the Municipal
Government Act, S.A. 2000, M-26.1, as amended , to do any act or perform any duties under this Bylaw, and
includes a member of the Royal Canadian Mounted Police and, when authorized, a Special Constable.
2.7
"Heavy Vehicle" means a vehicle or a vehicle with a trailer attached with or without load weighing 5,500
kilograms or exceeding 12.5 meters in total length but shall not include Recreation Vehicles or Buses.
2.8
"Intersection"
means the area embraced within the prolongation or connection of:
(a)
the lateral Curb lines or;
(b)
if no lateral Curb lines exist, the exterior edges of the roadways, of 2 or more Highways which join
one another at an angle whether or not one Highway crosses the other.
2.9
"Occupant" means the person actually occupying or legally responsible for any property, be that person the
owner, lessee, tenant or agent of the owner.
Bylaw 07-01
Page 2
2.10
"Park" means to allow a vehicle (whether occupied or not) to remain standing in one place, except:
(a)
when standing temporarily for the purpose of and while actually engaged in loading or unloading
passengers, or
(b)
when standing in obedience to a peace officer or traffic control device.
2.11
"Parades or Processions" means any group or train of persons or vehicles using the Highway within the
Village for show or display but shall not include any military or funeral parade or procession.
2.12
"Person" shall include corporation firm or partnership.
2.13
"Public Place" means any highway, parkland, public bridge, road, lane, footway, square, court, alley or
passage, whether a thoroughfare or not, including any open space owned by or under the direction control
and management of the Village;
2.14
"Private Property" means any property within the Village not owned by or occupied by the Government of
Canada, Government of Alberta, or by the Village.
2.15
"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 (or the edge of the roadway, where there is no curb
line) and the adjacent property line, whether or not paved or improved.
2.16
"Roadway" means that part of a highway intended for use by vehicular traffic.
2.17
"Road Ban" means the seasonal axle weight allowance prescribed in respect of a Highway.
2.18
"Stop" means:
(a)
when required a complete cessation from vehicular movement, and
(b)
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;
2.19
"Traffic" means pedestrians, animals or vehicles while using a Street for the purpose of travel
2.20
"Truck" means a vehicle designed primarily for the transportation of property or equipment but does not
include a chassis-cab, crawler mounted vehicle, trailer, machinery or equipment used in construction or
maintenance of Highways or an off-Highway vehicle as defined in the Off-Highway Vehicle Act;
2.21
"Truck Tractor" means a truck that is designed primarily for drawing another vehicle and that is not designed
to carry any load other than part of the weight of the vehicle drawn, and includes a vehicle that is designed
to accommodate a 5th wheel coupling, but does not include a crane equipment breakdown vehicle;
2.22
"Truck Route" means a Highway so designated in schedule B of this Bylaw. A truck route shall only be
deemed to include the main thoroughfare and shall exclude all side street and service roads adjacent to them.
2.23
"Village" means the Village of Breton.
2.24
"Violation Tag" means a tag or similar document issued by the Municipality pursuant to the Municipal
Government Act.
2.25
Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act,S.A.
1988, c.P21.5, as amended.
Bylaw 07-01
Page 3
3.
GENERAL
3.1
Every person shall obey the instructions of all Traffic Control Devices authorized under this or any other
bylaw, unless otherwise directed by a Peace Officer.
3.2
No person shall operate an Off-Highway Vehicle on any Highway within the corporate limits of the Village.
3.3
The power to decide the necessity and location of Traffic Control Devices within the Village is hereby
delegated to the Chief Administrative Officer or his or her designate.
4.
PARKING
4.1
No Person shall Park or permit a Vehicle to be Parked on a Highway contrary to a Traffic Control Device or
in a manner that impedes the flow of traffic.
4.2
No Person shall Park or permit to be parked, a Vehicle on the roadway side of a Vehicle already parked at the
Curb or edge of a Highway.
4.3
All vehicles shall be parked parallel to the Curb with the right hand wheels not more than 500 millimetres
from the right hand Curb or edge of the roadway, except where otherwise permitted.
4.4
No person shall park any motor vehicle:
(a)
on any Highway for a period of more than 72 hours or such other amount of time as specified by
traffic control device;
(b)
so as to obstruct the use of a crossing or driveway to reach private property;
(c)
within five meters of any intersection, except where otherwise permitted;
(d)
within five meters of a line drawn at right angles to the Curb from a fire hydrant;
(e)
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 of Breton;
(f)
at any place where traffic control devices or marks prohibit parking;
(g)
on a sidewalk or boulevard;
(h)
on a Crosswalk or within 5 meters of either side of a marked Crosswalk;
(i)
within 5 meters of a stop or yield sign;
(j)
within a fire lane or emergency lane;
(k)
in an area designated by a traffic control device or marking as a parking place for persons with
disabilities unless that person displays a disabled placard or licence plate issued or recognized by
the Registrar of Motor Vehicle Services.
(l)
on the opposite side of a Highway contrary to traffic flow.
4.5
No Person shall Park or permit to be Parked a truck-tractor unit on any Highway within the Village whether
or not a trailer is attached to the truck-tractor or not except where such parking is expressly permitted or
except for the purpose of loading or unloading such vehicle
4.6
No person shall park a vehicle in an Alley or Lane except when actively loading or unloading goods or
passengers from the vehicle provided also that the vehicle concerned does not so obstruct the alley or lane as
to prevent other vehicles from passing.
4.7
No person shall park any trailer whether designed for occupancy or load carrying, unless such trailer is
attached to a vehicle by which it may be propelled or drawn and when so attached, the trailer shall be a part
of the vehicle and subject to any regulations pertaining to the vehicle, for
Bylaw 07-01
Page 4
more than 48 hours.
4.8
No commercial, farm, school bus, holiday unit, or public vehicle shall be parked on any of the streets of the
Village of Breton in the residential areas except in the conduct of its business.
4.9
No person shall leave a vehicle unattended on the Highway or private driveway if the vehicle has been
placed on a jack or a similar device and:
(a) one or more wheels have been removed from the vehicle; and
(b) part of the vehicle is raised off the ground.
4.10
When a vehicle is parked on any Highway, parking lot or public place in violation of a provision of this
Bylaw that vehicle may be removed and impounded and the cost thereof charged against the owner and/or
operator of the vehicle.
5.
PARKING ON PRIVATE LAND
5.1
No person shall park a vehicle on private land which has been clearly marked as such by a sign erected by
the owner or occupant unless such person has obtained the permission of the owner or occupant.
5.2
An owner or occupant may report to a Peace Officer the license number and location of a vehicle parked on
private land in contravention of this Bylaw. A person making such a report to a Peace Officer shall provide
their name and address to the Peace Officer.
6.
PROCESSIONS
6.1
The driver of the lead vehicle of a funeral procession shall obey all traffic control devices. Drivers of
vehicles following the lead vehicle of a funeral procession may, during daylight hours, proceed through
intersections without stopping if the vehicle is traveling immediately behind the vehicle in front of it, the
headlamps are alight and passage into the intersection can be done safely.
7.
SIDEWALKS, PEDESTRIANS
7.1
No person shall run, ride a bicycle, roller skate, in-line skate, skateboard or ride a scooter upon a sidewalk at
any rate of speed that is unreasonable having regard to the nature, condition, and use of the sidewalk and the
amount and kind of pedestrian traffic that is or might reasonably be expected to be on the sidewalk.
7.2
No person shall ride a bicycle having a wheel diameter in excess of fifty (50) centimetres on any sidewalk
except where permitted so by a traffic control device.
7.3
No person shall play any games on any Highway.
7.4
No person shall cast, project or throw any stones or balls of snow or ice or other missiles dangerous to the
public including; or use any bow or arrow, catapult or other such contraptions on any of the Highways or
public places of the Village.
7.5
No person shall climb any railing, fence or tree or any post, pole or structure lawfully erected on a street
unless they have authority to do so.
7.6
No person shall pull down, deface or destroy any traffic control device, sign, board, or notice lawfully
placed on any street.
7.7
No person shall deface any public or private property in or adjoining any street by cutting, breaking, painting
or in any other way causing damage to that property.
7.8
No person shall attach any poster, handbill or sticker to any traffic control device, sign, tree, or to any
building except with the consent of the owner or Village.
7.9
No person shall place temporary signs on boulevards unless these signs receive approval from both the
owner of the property whose frontage abuts the boulevard and the Village.
Bylaw 07-01
Page 5
7.10
No person shall break, injure, dig up or destroy the earth, and/or grass on any boulevard or other public
place, nor shall any person plant any plants other than grass, without approval of the Village.
7.11
No person shall leave, store or deposit or permit to accumulate on any street or sidewalk any article or thing
that may create a nuisance or danger or interfere with the proper use of the street or sidewalk.
7.12
No person shall physically attach themselves to a moving motor vehicle or toboggan, ski on any street or
sidewalk.
7.13
No person shall drive any Vehicle upon a sidewalk or boulevard. The foregoing restrictions shall not apply
so as to; any vehicle used for the purpose of snow removal, to employees or agents of the Village in the
performance of their duties.
7.14
No person shall place any electric cord, hose, ropes, and pipe or like obstruction across a sidewalk or
boulevard either on or above the sidewalk or boulevard, in such a manner as to endanger or impede pedestrians.
7.15
No person shall dispose of waste, paper, debris or other material on a Highway.
7.16
No person shall drive a vehicle with tires equipped with metal spike, lugs or cleats on a Highway.
7.17
The owner or occupant of a parcel of land abutting a sidewalk shall be responsible for removing all snow,
ice, dirt debris or other obstruction within 48 hours of the snow, ice, dirt, or other obstruction is deposited
thereon.
PARKS, SQUARES, PUBLIC PLACES
7.18
No person shall drive a motor vehicle, horse-drawn vehicle or ride a horse or other animal upon any baseball
diamond, football ground, or other sports arena. The foregoing restrictions shall not apply so as to; to
employees or agents of the Village in the performance of their duties.
8.
CONSTRUCTION, EXCAVATING, BUILDING
8.1
No person shall break, tear up or remove any planking, pavement, sidewalk, curbing, macadamizing or other
road surface or make excavation in or under any sidewalk or street, for the purpose of building or otherwise,
without first having obtained permission from the Village to do so and, such permission being granted, the
work shall be carried out in accordance with the directions of the Village or its designate. Such work shall be
carried out as expediently as possible and without unnecessary delay.
8.2
The Village is entitled to inspect all such work and upon termination of the work the person who created the
damage shall replace all materials and repair any damages to the Highway.
8.3
Any person or party to whom permission has been granted to carry out any work by the Village, shall be
liable for any injury or loss to persons or property by reason of their work, and shall keep and maintain such
lights, barricades or watchman or other precautions to safeguard and protect persons or property from injury
or loss and shall be responsible for all costs therein.
9.
SPEED LIMITS
9.1
The maximum rate of speed within the Village of Breton shall not exceed 40 km/hr unless a Traffic Control
Device indicates otherwise.
9.2
Regardless of any other section in this Bylaw, no driver shall travel at any rate of speed that is unreasonable
having regard to all the circumstances including but not limited to:
(a)
the nature, condition and use of the Highway;
(b)
the weather or other conditions that might affect the visibility of the driver or the control of the
vehicle;
Bylaw 07-01
Page 6
(c)
the amount of traffic on the Highway; and
(d)
the mechanical condition of the vehicle or any equipment of the vehicle.
9.3
No person shall drive a motor vehicle in or on any Alley (intended chiefly to give access to the rear of
buildings and/or parcels of land) at a greater speed than 15 km/hr.
9.4
Temporary Traffic Control Devices may be posted along a Highway setting a temporary maximum speed
limit in respect of any part of the Highway under construction or repair or in a state of disrepair.
10.
TRUCK ROUTES
11.01
No person shall operate or park a Heavy Vehicle on a Highway other then that specified in schedule B of this
Bylaw.
11.02
No person shall operate a vehicle in excess of 1 ton G.V.W. on any Highway, except solely upon those
portions of the Highways expressly designated as Truck Routes except where:
(a)
engaged in the delivery or collection of goods, wares or merchandise to or from customers;
(b)
going to or from the business premises abutting a Highway for the purpose of servicing or repair to
such vehicles and that they travel along the most direct and practicable route between the premises
and the designated Truck Route;
(c)
pulling a motor vehicle disabled by accident or otherwise;
(d)
public utility vehicles are being operated for the purpose of installation, servicing or repair of public
utilities.
12.
ROAD BANS
12.01 The Chief Administrative Officer or his or her designate may impose a Road Ban restricting the maximum
weight of classes of Vehicles traveling on the Village Highways.
13.
CREATION OF HAZARDS
13.1
No person shall drive, upon a roadway or on any Highway any Vehicle so as to result in
depositing mud, slush, ice or any other object or debris as to cause a hazard to other users of the Highway.
Any violators are responsible for the clean up
13.2
No person shall wash a Vehicle upon a roadway or Highway so as to result in depositing mud, slush ice or
any other object or debris as to cause a hazard to other users of the Highway. Any violators are responsible
for the clean up
13.3
No person shall wash or drain any article in such a manner as to result in mud, grease, oil or any other
contaminant to be placed on a Highway or into the storm sewage system. Any violators are responsible for
the clean up and all other associated costs.
14.
SIGHTLINES AT INTERSECTIONS
14.1
No person shall place, or allow to remain, a tree, hedge or shrub or a fence, wall or other structure that may
obstruct the vision of pedestrians or drivers of vehicles on the Highway, or create a hazard to traffic on the
Highway.
14.2
No person shall permit any tree, hedge or shrub on the property to grow or remain at a height greater than 1
metre within 5 metres of a corner or intersection of a Highway.
14.3
No person shall build, place, erect or allow to continue in existence a fence, wall, or other structure with a
height greater than 1 metre within 5 metres of a corner or intersection of a Highway.
Bylaw 07-01
Page 7
15.
AUTHORITY OF PEACE OFFICER
15.1
A Peace Officer is hereby authorized to enforce the provisions of this Bylaw.
15.2
In the case of fire or other emergency, or in order to expedite traffic or safeguard pedestrians, Peace Officers
are hereby authorized to direct traffic in such a manner as they deem necessary, whether or not in conformity
with the provisions of this Bylaw.
15.3
In the case of fire or other emergency, if no Peace Officer is present, officers of the fire department
are hereby authorized to direct traffic in such a manner as they deem necessary, or authorize other
individuals as they see fit whether or not in conformity with the provisions of this Bylaw.
15.4
Every Peace Officer is, and is deemed to be, duly authorized and entitled to place an erasable chalk
mark on the tread face of the tire of a parked or stopped vehicle without that Peace Officer or the
Village incurring any liability for doing so, in order to enforce the parking provisions of this Bylaw.
15.5
Any Peace Officer is, and is deemed to be, duly authorized to impound and remove from the
Highway or parking lot or other public place, a vehicle in violation of provisions of this Bylaw and
all costs incurred being the responsibility of the vehicle owner.
16.
ENFORCEMENT AND PENALTIES
16.1
A person who violates any section of this Bylaw is guilty of an offence and liable to a fine as set out
in the schedules to this Bylaw.
16.2
Where any Peace Officer believes that any person has committed a breach of any of the sections of
this Bylaw set out in Table "A" hereto, he may serve upon such person a notice or tag as provided
herein.
16.3
Notice or tag shall be in such form as provided for in the regulations pursuant to the Provincial
Offences Procedure Act and service of any such notice tag shall be sufficient if it is:
(a)
personally served;
(b)
served by registered mail;
(c)
attached to the vehicle in respect of which the offence is alleged to have been committed.
16.4
If the person upon whom any such notice or tag is served fails to pay the said sum within the allotted
time, the person may be prosecuted pursuant to the provisions of the Provincial Offences Procedure
Act.
16.5
No person other than the owner or driver of the vehicle shall remove any notice placed on or fixed
to such vehicle by a Peace Officer in the course of his duties.
17.
ENACTMENT
17.1
Repeal Bylaw 97-05 and Bylaw 04-03 of the Village of Breton and all amendments thereto are
hereby repealed in their entirety
17.2 This Bylaw shall come into full force and effect upon third and final reading thereof.
17.3
Should any provision of this Bylaw be determined to be invalid, then such provisions shall be
severed and the remaining Bylaw shall remain valid and enforceable.
Bylaw 07-01
Page 8
17.4 The Schedules to this Bylaw may be amended by resolution of Council of the Village of Breton.
READ A FIRST TIME THIS _____ DAY OF ______________ 2007
READ A SECOND TIME THIS _____ DAY OF ________________ 2007
READ A THIRD TIME AND FINALLY PASSED THIS _____DAY OF _________________ 2007
____________________________________
DEPUTY MAYOR
____________________________________
MUNICIPAL ADMINISTRATOR
Bylaw 07-01
Page 9
SCHEDULE "A"
BYLAW 07-01
Where no fine is suggested for a particular section of this bylaw the minimum amount of the fine shall be
$50.00.
Offence
Penalty
Section No.
3.1
Fail to obey Traffic control device
172.00
3.2
Operate OHV in Village
200.00
4.1
Park vehicle contrary to Traf. Ctr. Dev.
57.00
4.2
Double park
57.00
4.3
Park within 500mm of Curb
57.00
4.4
Parking offences (a to l)
57.00
4.5
Truck-tractor Parking
500.00
4.6
Park in alley way
57.00
4.7
Park trailer on road way
57.00
4.8
Park farm veh, school bus holiday trailer 57.00
4.9
Leave veh. On Highway on jacks
57.00
5.1
Park on Private property
57.00
7.1
Ride on side walk unsafe manner
100.00
7.2
Ride bicycle with wheel diameter
excess of 50 centimetres
57.00
7.3
Play games on Hwy
57.00
7.4
Throw missiles or objects on Hwy
100.00
7.5
Climb fence, tree, railing
100.00
7.6
Wilfully destroy sign
200.00
7.7
Deface public/private property
200.00
7.8
Attach poster to post, sign post
57.00
7.9
Place sign on Bvd W/O permission
57.00
7.10 Dig up destroys Bvd.
200.00
7.11 Deposit, store debris on Rd
57.00
7.12 Coast, Toboggan, ski on Rd.
57.00
7.13 Drive M/V on sidewalk
100.00
Bylaw 07-01
Page 10
7.15 Obstacles across sidewalk
57.00
7.16 Litter on Hwy, rd way, sidewalk
200.00
7.17 Drive vehicle on Rd way with metal lugs 100.00
7.18 Fail to remove snow, dirt, debris
on sidewalk
57.00
8.1
Drive M/V, Horse, horse drawn vehicle
on sports field
200.00
9.1
Conduct construction on any Village
property with out authorization
200.00
10.1 Speeding
As per Table A
10.2 Unreasonable speed as per road conditions
172.00
10.3 Speeding back alley
As Per Table A
11.01
Park Heavy vehicle off truck route
500.00
11.02
Drive Heavy vehicle off truck route
500.00
12
Drive vehicle contrary to road ban
500.00
13.1 Deposit, mud or debris on Rd way/Hwy 115.00
13.2 Wash vehicle deposit mud & debris
115.00
13.3 Wash or drain grease or contaminant
115.00
14.1 Tree, shrub, fence, wall obstruct view
100.00
14.2 Tree, shrub, hedge to above height
100.00
14.3 Build fence wall to obstruct view
100.00
Bylaw 07-01
Page 11
Table A
Amount of Specified
Penalty
Amount of Specified
Penalty
Kilometres over Limit
Kilometres over Limit
1.
57.00
26.
156.00
2.
59.00
27.
161.00
3.
62.00
28.
166.00
4.
64.00
29.
172.00
5.
66.00
30.
177.00
6.
69.00
31.
187.00
7.
71.00
32.
194.00
8.
73.00
33.
203.00
9.
75.00
34.
211.00
10.
78.00
35.
219.00
11.
80.00
36.
228.00
12.
82.00
37.
236.00
13.
85.00
38.
247.00
14.
87.00
39.
255.00
15.
89.00
40.
264.00
16.
103.00
41.
273.00
17.
110.00
42.
281.00
18.
113.00
43.
290.00
19.
120.00
44.
299.00
20.
124.00
45.
307.00
21.
129.00
46.
316.00
22.
136.00
47.
325.00
23.
140.00
48.
333.00
24.
147.00
49.
342.00
25.
150.00
50.
351.00
Bylaw 07-01
Page 12
Table B
Permitted Truck Routes
(as attached)
Permitted Parking for Commercial Vehicles, Trucks or Trailers
(as attached)