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BY-LAW NO.1141
BY-LAW NO.1141 A By-law of Camrose County in the Province of Alberta introduced
for the controlling and regulating the use of highways within
Camrose County.
WHEREAS
by virtue of the authority vested in the County Council of Camrose
and by virtue of the Traffic Safety Act, being Chapter T-6 of the
Revised Statutes of Alberta, 2000, and amendments thereto, which
made provision for the enactment of By-laws relating to the
regulations of vehicle and highway traffic.
NOW THEREFORE the Council of Camrose County in the Province of Alberta duly
assembled, hereby enacts the following By-law to regulate vehicle
traffic and road control in Camrose County.
1.
This By-law may be cited as "Camrose County Road Use
By-law"
PART ONE INTERPRETATION
2. (1)
In this bylaw, including this Section, unless contrary
context otherwise requires:
"ACT" means Traffic Safety Act, R.S.A. 2000, Chapter
T-6 and amendments thereto.
"COMMERCIAL VEHICLE" means 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 Camrose County.
"COUNTY ADMINISTRATOR" means the individual
who holds that position for the County at any given
time and includes any Person authorized to act for
and in the name of that individual.
"COUNCIL" means the Council of Camrose County
duly assembled and acting as such.
"DRIVER" or "OPERATOR" means a person who
drives or is in actual physical control of a vehicle.
"HIGHWAY" means any thoroughfare, street, road,
trail, avenue, parkway, driveway, viaduct, lane, alley,
square, bridge, causeway, trestleway or other place
or any part of any of them, whether publicly or
privately owned, that the public is ordinarily entitled or
permitted to use for the passage or parking of
vehicles in the County, and includes
i)
a sidewalk, including a boulevard adjacent to
the sidewalk;
ii)
where a ditch lies adjacent to and parallel with
the roadway, the ditch, and
iii)
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 the fence and
the edge of the roadway, as the case may be,
but does not include a place declared by the
regulation not to be a Highway.
"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.
"OWNER" means the person who owns a vehicle and
includes any person renting a vehicle or having the
exclusive use of a vehicle under a lease that has a
term of more than 30 days, or otherwise having the
exclusive use of a vehicle for a period of more than 30
days.
"PEACE OFFICER" means
i)
a member of the Royal Canadian Mounted
Police;
ii)
a member of a municipal police service;
iii)
a special constable if under that person's
appointment as a special constable that person
is empowered to carry out the duties of a
Peace Officer or Bylaw Enforcement Officer
under, or to enforce the provisions of, the Act;
iv)
a park warden appointed under the Parks
Canada Agency Act (Canada);
"PERMIT" means the written authority by the Public
Works Manager or his designate to allow traffic or
movement at any time on roads under the control of
Camrose County.
i)
"OVERLOAD PERMIT" is required for vehicles
operating on County controlled roads in excess
of the load limits or the size limits as legislated
in
the
Commercial
Vehicle
and Weight
Regulation.
ii)
"SPECIAL HAUL PERMIT" is required for five
or more loads at any time during a 24 hour
period on the same County controlled road.
iii)
"SPECIAL OPERATING PERMIT" is required
for the operation on County controlled roads of
a particular type of vehicle otherwise prohibited
by this bylaw.
"TRAILER" means a vehicle so designed that it
i)
may be attached to or 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.
"VEHICLE" means a device in, on or by which a
person or thing may be transported or drawn on a
highway and includes a combination of vehicles but
does not include a mobility aid.
(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.
(3)
Words importing the masculine gender only, include
the feminine gender whenever the context so requires
and vice versa.
(4)
Words importing the singular shall include the plural
or vice versa whenever the context so requires.
PART TWO
AUTHORITY
3.
The Traffic Safety Act (Alberta), as amended, is adopted for
use in the regulating and control of traffic in the County.
4.
Council hereby delegates to the County Administrator the
authority to regulate and control the use of all Highways and
Sidewalks in the County as defined in this Bylaw or the Act,
as amended.
5.
Prosecutions and fines shall be determined pursuant to the
provisions of the Act, as amended, and the Provincial
Offenses Procedure Act (Alberta), as amended, unless a
contrary prosecution or fine is prescribed by this Bylaw.
6.
The County Administrator is hereby authorized to designate:
(1)
Any Highway as one which is closed temporarily in
whole or in part to traffic if the road is hazardous;
(2)
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.
7.
The County Administrator is hereby authorized to 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, and shall cause the place to be signed,
barricaded or otherwise restricted.
PART THREE
POWERS OF PEACE OFFICERS
8. (1)
Any Peace Officer is hereby authorized to remove or
cause to be removed any vehicle or trailer:
a)
where emergency conditions may require such
removal from a Highway,
and such Vehicle may be removed to a place
designated by the County Administrator or his
designate, where it will remain impounded until
claimed by the Owner thereof or his authorized agent.
9.
Any Peace Officer or Bylaw Enforcement Officer, or the Fire
Department may, in case of fire, designate a point beyond
which no Person shall pass which point is proximate to such
fire.
PART FOUR
PENALTIES
10.
The penalties for breaches of this Bylaw shall be the
amounts set out in Schedule "A", unless specified otherwise
in this Bylaw, any other Bylaw or the Act, as amended.
PART FIVE
SPECIAL CLASSES OF VEHICLES
11. (1)
No person shall operate a Vehicle in excess of the
load limits or the size limits as legislated in the
Commercial Vehicle and Weight Regulation, or in
contravention of any prohibitions as stated in this or
any other County Bylaw without first obtaining from
the Public Works Manager a permit to do so, subject
to such conditions as specified in the permit.
(2)
No person shall operate a Vehicle or combination of
Vehicles over or on any Highway within the County
when the Vehicle or combination of Vehicles is in
excess of the allowable weight without first obtaining
authorization from the County.
(3)
The Public Works Manager or his designates are
hereby appointed to issue permits on behalf of the
County under this part.
(4)
No person shall operate a truck over and on any
Highway within the County where Traffic Control
Devices have been erected indicating that truck traffic
is prohibited.
12. (1)
No person, except with permission of the Public
Works Manager, 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 damage the Highway.
(2)
No person, except with the permission of the Public
Works Manager, 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
limitations set out in Section 11(1) herein or any other
object or thing which in the opinion of the County
might have some adverse effect on the Highway.
(3)
Before granting permission to move the load, object
or thing over any Highway as prescribed in subsection
(2), the County may, if in its opinion deems
necessary, direct the applicant as to conditions under
which such load, object or thing may be moved.
13. (1)
The Public Works Manager or his designate may
issue a special operating permit in cases for the
operation of a particular type of Vehicle otherwise
prohibited by this Bylaw.
(2)
The Public Works Manager or his designate may
require the Owner, Operator, Driver or mover of 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 any such Vehicle and/or load upon the Highway,
and the County may, as a condition precedent to the
granting of such permit, require an irrevocable letter
of credit or security bond to cover the cost of repairing
such possible injury or damage to the Highway.
Failure on the part of the holder of the permit, the
Owner, or the Operator, Driver or mover of the
Vehicle and/or load, to comply with the condition set
out in such permit constitutes a breach of this Bylaw.
(3)
The Public Works Manager or his designate may, in
writing, alter, suspend or revoke a permit whenever it
is determined that:
a)
the permit was issued in error;
b)
the permit was issued on incorrect information
supplied; and
c)
the permit is in violation of any County bylaw or
resolution.
(4)
Nothing in this Bylaw shall be construed to require the
County to enter into any agreement.
14. (1)
The Public Works Manager or his designate shall be
at liberty to require any person whose use of a
Highway by a Vehicle or Vehicles may or will likely
cause damage to a Highway due to the weight of the
Vehicle or Vehicles or the frequency of use of the
Highway by the Vehicle or Vehicles to obtain a special
haul permit, overload permit or special operating
permit to haul on the Highway and to enter into an
agreement for the purposes of ensuring that the
Highway or Highways affected are protected.
(2)
The application for a special haul permit, overload
permit or special operating permit shall be in such a
form as may be approved by the Public Works
Manager or his designate and shall contain such
information with respect to the goods and materials
being hauled, the Vehicles which will be used to haul
the goods and materials and the frequency of the
hauls taking place.
(3)
Assuming that all of the other by-laws and
requirements of the County have been met, the Public
Works Manager or his designate upon the receipt of a
completed application pursuant to section 14(2) of this
By-law shall issue a special haul permit, overload
permit or special operating permit containing such
conditions as the Public Works Manager or his
designate shall deem necessary to protect the
Highways being used from damage.
(4)
The Public Works Manager or his designate shall be
at liberty to require any person desiring to haul goods
and materials on a Highway to enter into a haul
agreement, in a form approved by Council, and to
provide such security to the County to ensure
compliance with the terms of the haul agreement as
the Public Works Manager or his designate shall
deem necessary.
(5)
Any person shall be at liberty to appeal to Council
within fourteen (14) days any term or condition
attached by the Public Works Manager or his
designate to a special haul permit, overload permit or
special operating permit or any decision made by the
Public Works Manager or his designate under this
section 14.
(6)
No person shall haul any goods or materials on a
Highway in a situation to which this By-law would
apply without first having obtained a special haul
permit, overload permit or special operating permit
under this By-law and having satisfied the conditions
attached to any such special haul permit, overload
permit or special operating permit including the
entering into of an agreement and the provision of
security.
(7)
Any person obtaining a permit under this By-law shall
at all times ensure that the conditions attached to any
such permit are complied with.
(8)
Any person who fails to comply with the terms of this
section 14, a special haul permit, overload permit or
special operating permit or an Agreement entered into
pursuant to this section 14, is guilty of an offence and
is liable on summary conviction to the penalties set
out in Schedule "A" of this By-law
(9)
Vehicles registered in the Province of Alberta as
"FARM" vehicles are exempt from section 14.
15.
Except for a Vehicle authorized by a highway authority to
transport materials needed for emergency maintenance of a
Highway, no person shall at any time operate a Vehicle on
any Highway while the Vehicle is carrying gravel, sand or
any material that could shift, slip, blow off or fall off the
Vehicle, unless the gravel, sand or material is placed inside
a container and covered so as to prevent it from blowing,
slipping or falling off the Vehicle while being transported.
PART SIX
MISCELLANEOUS
16.
No person owning or occupying any lands which are
adjacent to a Highway and to which entry or exit for
Pedestrians or Vehicles is made onto or from the Highway,
shall permit any materials including soil, mud, snow, slush or
ice to be pushed onto or across the Highway from the said
lands or the entry or exit to or from the said lands to or from
such Highway or let such materials remain on the Highway if
the presence of such materials will likely constitute a danger
for those using the Highway.
17.
No person, unless authorized by the Camrose County Public
Works Manager or his designate, shall develop, place,
construct, extend, erect a building, structure, fixture, road,
excavation or other development, whether on, above or
below ground or display machinery, motor vehicles or other
articles, whether placed for storage or wrecking or for the
purpose of advertising or sale, adjacent to a highway under
the direction, control and management of Camrose County.
PART SEVEN
PROSECUTIONS
18.
Any Person who contravenes this Bylaw is guilty of an
offence.
19.
Persons contravening certain sections of this Bylaw shall be
liable for the penalties set out in such section or set out
opposite such section number in Schedule "A" hereto.
20. (1)
A notice or form commonly called a Violation Ticket
may be issued by a Peace Officer to any person
alleged to have breached any provisions of this
Bylaw, and such notice shall require the payment of
such in the amount specified in this Bylaw or the Act,
as amended or regulations pursuant to the Provincial
Offences Procedure Act (Alberta), as amended.
(2)
If a Person has been prosecuted for the offence
named in the Violation Ticket and has been convicted
of such offence, then the fine imposed shall not be
less than the original amount indicated on the said
Violation Ticket plus court costs.
(3)
Nothing in this Section shall prevent any Person from
defending a charge of committing a breach of this
Bylaw.
21.
A Violation Ticket shall be deemed to be sufficiently served:
(1)
If serviced personally on the accused, or
(2)
If mailed to the address of the registered Owner of the
Vehicle concerned or to the Person concerned.
22.
Except as otherwise provide in this Bylaw, a Person who is
guilty of an offence under this Bylaw for which a penalty is
not otherwise provided, is liable to a fine of not less than
$100.00 and not more than $2,500.00 and in default of
payment, is liable to imprisonment for a term not exceeding
six (6) months or to imprisonment for a term not exceeding
six (6) months without the option of a fine.
This Bylaw comes into effect on the date of final passing.
RECEIVED FIRST READING THIS
*________________________________
24th DAY OF June A.D. 2008
* REEVE
IN THE CITY OF CAMROSE, IN THE
*
PROVINCE OF ALBERTA
*________________________________
*COUNTY ADMINISTRATOR
RECEIVED SECOND READING THIS *________________________________
DAY OF AD 2008
*REEVE
PROVINCE OF ALBERTA
*
IN THE CITY OF CAMROSE, IN THE
*
PROVINCE OF ALBERTA
*________________________________
*COUNTY ADMINISTRATOR
RECEIVED THIRD AND FINAL
*_________________________________
READING THIS DAY OF
*REEVE
A.D. 2008, IN THE CITY OF CAMROSE*
IN THE PROVINCE OF ALBERTA
*_________________________________
*COUNTY ADMINISTRATOR
SCHEDULE "A'
Part 5
Load Permit - County permission
$500.00
Section 11 (1) & (2)
Part 5
Prohibited Truck Route
$345.00
Section 11 (4)
Part 5
Cleated Vehicles
$500.00
Section 12 (1)
Part 5
Hauling Agreement
$345.00
Section 14 (8)
Part 5
Hauling sand, gravel, material
Section 15
First Offence
$250.00
Second Offence
$500.00
Part 6
Depositing snow on road
$ 57.00
Section 16
Part 6
Unauthorized development on roadway
$250.00
Section 17