This is the exact embedded text of the captured official document.
Snapshot bb9e6c9efce8 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
VILLAGE OF CLIVE
PROVINCE OF ALBERTA
BYLAW # 499-12
WHEREAS the Traffic Safety Act, R.S.A. 2000 authorizes a municipal Council to pass
Bylaws for the regulation and control of vehicle and pedestrian traffic, and
WHEREAS the Municipal Government Act, R.S.A. 2000 c. M-26.1 empowers a
municipal Council to impose a fine for infractions of a Bylaw, and
NOW THEREFORE the Council of the Village of Clive, in the Province of Alberta,
duly assembled enacts as follows;
PART I
100
SHORT TITLE
This Bylaw may be cited as the "Clive Traffic Bylaw".
101
DEFINITIONS
The definitions contained in Section 1 of the Traffic Safety Act, R.S.A. 2000,
c.T-6 and regulations thereunder shall apply to this Bylaw unless a contrary
intention is specifically stated in this Bylaw. In this Bylaw, the following terms
shall have the meanings shown:
(a) "Alley" means a narrow highway intended chiefly to give access to the rear of
buildings and parcels of land;
(b) "Boulevard" means that part of a highway in an urban area that
(i) is not developed as a highway;
(ii) is that part of the sidewalk that has not been adapted to the use of or
ordinarily used by pedestrians;
(c) "Chief Administrative Officer" means the Chief Administrative Officer for
the Village of Clive appointed under Bylaw 408-96 of the Village or
delegate;
(d) "Council" means the Council of the Village of Clive;
(e) "Curb" means the actual curb if there is one; if there is no curb in existence,
it shall mean the division of a highway between the highway and the
sidewalk or boulevard, as the case may be;
(f) "Dangerous Goods" means dangerous goods for which placards are required
by the Transportation of Dangerous Goods Control Act and Regulations;
(g) "Emergency Vehicle" means fire fighting vehicles, public utility vehicles
while actually being used in any emergency, police vehicles, ambulances, or
a vehicle being used by a member of the Village work force or a medical
doctor responding to an emergency call ;
(h) "Gross Vehicle Weight (GVW)" means the aggregate weight of the
unloaded vehicle and the weight of the load which that vehicle is licensed to
carry and for the purpose of enforcing this Bylaw;
(i) "Heavy Vehicle" means a vehicle, or a vehicle with a trailer attached;
(i) with or without a load of 6,500 kgs Gross Vehicle Weight or more, or
(ii) exceeding 6.3 m. (20.7ft.) in overall length, but
(iii) does not apply to Recreation Vehicles.
(j) "Highway" means any thoroughfare, street, road, trail, avenue, parkway,
driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other
place, whether publicly or privately owned, any part of which the public is
ordinarily entitled or permitted to use for the passage or parking of vehicles,
and includes;
(i) a sidewalk (including the boulevard portion of the sidewalk),
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 2
(ii) if a ditch lies adjacent to and parallel with the highway, the ditch, and
(iii) if a highway right of way is contained between fences or between a fence
and one side of the highway, all the land between the fences, or all the
land between the fence and the edge of the highway, as the case may be,
but does not include a place declared by the Lieutenant Governor in
Council not to be a highway;
(k) "Holiday" means any day officially proclaimed a holiday by any Federal,
Provincial or Municipal authority, and which is in effect in the Village of
Clive.
(l) "Land Use Bylaw" means "Land Use Bylaw #494-10 of the Village of Clive;
(m) "Municipality" means the Village of Clive;
(n) "Off -Highway Vehicle" means an off-highway vehicle as defined in the
Off-Highway Vehicle Regulation, A.R. 319/2002. (b. 223.8, 07/14/2003);
(o) "Parade" or "Procession" with the exception of a military parade or funeral
procession, means any group numbering more than twenty (20) and marching
or walking in the street or any group of vehicles or combination of
pedestrians and vehicles which together exceed more than ten (10);
(p) "Peace Officer" means a member of the County of Lacombe Enforcement
Services, Royal Canadian Mounted Police, or a Bylaw Enforcement Officer;
(q) "Recreation Vehicle" means a vehicle or a combination of vehicle and a
trailer designed to be used or intended for use as a shelter, and without
restricting the generality of the foregoing, includes any motorhome, holiday
trailer, camper, tent trailer or any bus or truck converted for use as a
recreation vehicle;
(r) "Residential District" means that part of the Village of Clive which is
designated a Residential District, pursuant to the Village's Land Use Bylaw;
(s) "Time" means either Mountain Standard Time or Mountain Daylight Saving
Time, whichever is proclaimed to be in effect by the Province of Alberta;
(t) "Tractor" means a truck with a short chassis and body used in combination
with a trailer for the highway hauling of freight;
(u) "Village" means the Village of Clive, a Municipal Corporation of the
Province of Alberta, or the corporate limits of the Village of Clive, as the
context requires.
PART II
GENERAL RULES FOR OPERATION OF VEHICLES
200
(a) No vehicle operator shall drive or stand a vehicle upon a highway in such a
manner as to block, obscure, impede or hinder traffic thereon. Where the
obstruction is unavoidable due to mechanical failure, the operator will not be
in breach of this section provided he promptly takes measures to clear the
faulty vehicle from the highway.
(b) No operator of any vehicle shall drive over any sidewalk or boulevard except
at a permanent or temporary driveway.
(c) No operator of any vehicle shall fail to obey a traffic control device.
(d) Where an unprotected hose of the Fire Department has been laid down on any
street or driveway for use at a fire or alarm of fire, no person shall drive any
vehicle over such hose except with the consent of the Fire Department
Official in command.
(e) When repairs or alterations are in progress on or adjoining any highway and
such work is being indicated by barricades or signs or by flagmen, no person
shall disregard the warning given and every operator shall obey any signal of
a flagman on duty at the site of the work.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 3
(f) No occupier of any premises shall permit the unrestricted flow of any water
from such premises over any street, sidewalk, boulevard or alley.
(g) No person shall place or permit to be placed an electrical cord across a
sidewalk.
201
UNINSURED VEHICLES
Any vehicle parked on a highway must be registered and insured, as per the
Traffic Safety Act, R.S.A. 2000 c.T-6.
202
FUNERAL PROCESSION
Despite Sections 34, 36 to 40, 53 and 54 of the Traffic Safety Act, any vehicle in
a funeral procession, except the lead vehicle, may during daytime hours, enter an
intersection without stopping if:
(a) the headlamps of the vehicle are alight,
(b) the vehicle is traveling immediately behind the vehicle in front of it so as to
form a continuous line of traffic,
(c) the passage into the intersection can be made in safety, and
(d) the lead vehicle in the funeral procession is showing a purple flashing light.
203
RULES FOR PARADES/CHARITY RUNS
(a) No person shall hold or take part in any parade or procession without first
obtaining permission from the Chief Administrative Officer, subject to such
terms and conditions as the Chief Administrative Officer deems advisable.
(b) Any person desiring to hold a parade or procession within the Village shall at
least 48 hours prior to the time they desire to hold the same, make application
in writing to the Chief Administrative Officer.
PEDESTRIANS WATCHING
During such parade or procession all pedestrians not taking part therein shall be
restricted to the use of the sidewalk area;
NOT TO OBSTRUCT
No parade or procession shall obstruct any highway for a longer period than is
reasonably necessary.
204
SPEED ON VILLAGE OWNED LAND
No person shall drive a vehicle upon any part of the lands, parking lots and
driving areas associated with the Soccer Field, Ball Diamond, Outdoor Rink
Area and any other lands owned by the Village at a speed in excess of twenty
(20) kilometres per hour, or in excess of any speed limit sign posted upon the
above properties.
205
VEHICLE RESTRICTIONS
IDLING
(a) No person shall allow the engine or motor of any stationary vehicle in a
residential area or in any other area where prohibited by traffic control devise
to remain running for a period of time longer than twenty (20) minutes.
(b) No person shall operate a vehicle on any highway in the Village in an
overloaded condition and contrary to the axle loadings as cited in the
regulations under the Commercial Vehicle Dimension and Weight
Regulation, Alberta Regulation 315/2002 and amendments thereto.
(c) No person shall drive, propel or move on any highway a vehicle having metal
spikes, lugs, cleats or bands projecting from the surface of the wheels or tires
of such vehicle or any vehicle having caterpillar treads.
(d) No person shall drive or haul or park on or over any highway within the
Village, any vehicle or other type of equipment or thing that causes or is
likely to cause damage to the highway.
(e) No person shall park any vehicle having an offensive odor in any residential
area.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 4
(f) The Village of Clive Public Works Foreman may, when an emergency exists
with regards to load restrictions on certain or any portion of a highway, ban
said highway to the passage of heavy vehicles and erect signs governing load
limits.
(g) The Village of Clive CAO may, by policy, place load restrictions on certain
or any portion of a highway and may determine the time period for said load
restrictions.
206
TRUCK ROUTE
No person shall operate a heavy vehicle on any highway in the Village, except
on a highway designated as a truck route as specified in "Schedule 1".
EXEMPTIONS
Despite section 206, the following heavy vehicles are authorized to be operated
on highways in residential areas;
(a) Buses - Public Passenger vehicles being operated for the purpose of receiving
or delivering passengers,
(b) Emergency Vehicles - Any emergency vehicles being operated in the service
of public interest or during an emergency,
(c) Utility Vehicles - Public Utility vehicles being operated for the purpose of
installing, servicing, or repairing public utilities,
(d) Village Vehicles - Village owned vehicles being operated in the service of the
Village,
(e) Deliveries - Commercial vehicles delivering or collecting goods, provided
that the most direct route, from a truck route, is used and such deliveries or
collections are made between the hours of 7:00 A.M. and 11:00 P.M. on any
one day, and
(f) Recreation Vehicles.
208
ENGINE RETARDER BRAKES
No person shall operate engine retarder brakes on diesel powered vehicles within
the Village limits.
209
FLASHING GREEN LIGHTS
(a) Full-time or volunteer firefighters may carry on or in a vehicle, other than an
emergency vehicle, a lamp that produces intermittent flashes of green light
and may operate the lamp if the vehicle is proceeding to a fire or other
emergency.
(b) No person other than a full-time or volunteer firefighter shall operate a lamp
that produces intermittent flashes of green light.
(c) Nothing in this section shall be construed so as to permit a full-time or
volunteer firefighter to operate a vehicle in contravention of Traffic Safety
Act, Use of Highway and Rules of the Road or this Bylaw.
210
SPEED LIMITS
No person shall operate a vehicle on any highway within the Village of Clive
in excess of the following speed limits;
(a) Unless otherwise provided for in this Bylaw, the speed limit in the Village
shall be fifty (50) kilometers per hour.
(b) The speed limit in all alleys shall be twenty (20) kilometers per hour.
(c) Playground Zones and School Zones shall be the same speed limit as set
out in the TSA.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 5
PART III
PARKING
301
PARKING WITHIN SPACES
Any vehicle which exceeds 6.3 meters (20.6 feet) in length is prohibited from
parking in an area designed for angle parking except for the purpose of loading
or unloading goods from a commercial vehicle.
302
PARKING RESTRICTIONS
Unless required or permitted by this Bylaw or the Traffic Safety Act, or by a
traffic control device, or in compliance with the directions of a peace officer or
other authorized person, or to avoid conflict with other traffic, a driver shall not
stop or park his vehicle:
Painted Curb
(a) On a highway adjacent to a curb or sidewalk that has been marked by being
painted a solid colour;
Sidewalk
(b) On a sidewalk or boulevard;
Crosswalk
(c) On a crosswalk or on any part of a crosswalk;
Ambulance and Fire Lane
(d) On the entranceway or exit to any fire hall, ambulance entrance or parking
areas designated for emergency vehicles or the vehicle parking of emergency
response personnel;
Emergency Exit
(e) So it will in anyway interfere with the use of a doorway intended as an
emergency exit from any building fronting or abutting the highway or any
private property where signs are displayed.
Intersections
(f) At an intersection nearer than five (5) metres (16.4 feet) to the projection of
the corner line immediately ahead or immediately to the rear except when the
vehicle is parked in a space where a parking meter or other traffic control
device indicates parking is permitted;
Stop/Yield
(g) Within five (5) metres (16.4 feet) upon any approach to any stop or yield
sign;
Fire Hydrant
(h) Within five (5) metres (16.4 feet) of any fire hydrant, or when the hydrant is
not located at the curb, within five (5) metres (16.4 feet) of the point on the
curb nearest to the hydrant;
Crosswalk
(i) Within five (5) metres (16.4 feet) of the near side of a marked crosswalk;
Street Excavation
(j) Alongside or opposite any street excavation or obstruction when stopping or
parking would obstruct traffic;
No Park Zone
(k) At any other place where a traffic control device prohibits stopping or
parking, during such times as stopping or parking is so prohibited;
Edge or Curb
(l) On the highway side of a vehicle parked or stopped at the curb or edge of a
highway;
Access
(m) Within 3 meters of an access to a garage, private road or driveway or a
vehicle crossway over a sidewalk;
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 6
Cul-de-Sac
(n) At any angle to the curb in a cul-de-sac unless that vehicle is parked in such a
manner as not to interfere with the free flow of traffic in the cul-de-sac;
303
TIME LIMIT PARKING
No person shall park a vehicle for a longer period of time than that indicated on
any sign placed in a parking area by authority of the Chief Administrative
Officer. Where signs are not posted, the parking time limit shall be 72 hours.
304
HANDICAP PARKING
No person shall park a vehicle in a parking space where a sign, curb painting or
pavement painting indicates that it is for the exclusive use of persons with
disabilities who display on their vehicles a handicap placard or license plate that
is issued or recognized by Province of Alberta.
305
PARKING IN AN ALLEY
No driver shall park in any alley, except a vehicle engaged in loading or
unloading goods or passengers for a period of time not exceeding 120 minutes.
306
PARKING HEAVY VEHICLES
(a) No person shall park a heavy vehicle, a tractor with or without a trailer of any
type or any type of construction equipment:
(i) within or abutting any area of the Village designated as a residential area
in the Land-Use Bylaw.
(ii) on any highway other than that designated by the CAO for parking of
such vehicles.
EXCEPTIONS
(b) Subsection 306 shall not apply to:
(i) Commercial vehicles while actually loading or unloading of goods, or
(ii) Construction equipment being used during construction or improvement
of property, provided that such equipment is parked adjacent to the
property where such work is being done.
(c) No person shall park a heavy vehicle with the engine running for more than
10 minutes within any area of the Village designated as a commercial area in
the Land Use Bylaw, between the hours of 11:00 p.m. and 7:00 a.m. of any
day, unless written permission has been obtained.
307
RECREATION VEHICLE PARKING
(a) Parking of recreation vehicles in residential areas is permitted;
(i) From May 1 to October 1 recreation vehicles may be parked on a
residential highway for a maximum of 72 hours .
(ii) From October 1 to April 30 recreation vehicles must be parked on private
property on the side yard or rear yard only. Recreation vehicles and
trailers parked on a property must be fully contained within the property.
No portion of a recreation vehicle or trailer may be permitted to protrude
into a public street, laneway or sidewalk.
(b) No person shall park any recreational trailer upon any highway or public
parking lot unless the said trailer is attached to a vehicle by which it may be
safely and lawfully propelled or drawn along a highway. When attached to a
motor vehicle the trailer is deemed to be part of the motor vehicle.
(c) No person shall occupy any recreation vehicle or holiday trailer as a dwelling
or sleeping place at any time while it is parked on a highway.
(d) Recreation vehicles may not be permitted to park on a highway or public
parking lot if at the discretion of a peace officer the recreation vehicle is
considered a traffic or public safety hazard.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 7
308
TRAILERS
No person shall park any trailer, whether designed for occupancy or for the
carrying of goods and equipment, upon any highway or public parking lot unless
said trailer is fully attached to a vehicle by which it may safely and lawfully be
drawn along a highway. When attached to a motor vehicle the trailer is deemed
to be part of the motor vehicle.
309
PARKING ON A HIGHWAY
(a) When parking on a highway, a driver shall park his vehicle with the sides
parallel to the curb edge of the highway, and with the right hand wheel
thereof not more than 500 mm (19.7 in.) from the right hand curb or edge of
the highway.
(b) Where angle parking is permitted or required, a driver shall park his vehicle
with one front wheel not more than 500 millimetres from the curb or edge of
the highway and with its sides between and parallel to any two of the visible
parking guidelines, or at an angle of between 30 and 60 degrees to the curb or
edge of the highway where no parking guidelines are visible.
310
NO PARKING PLAYGROUND RECREATION AREA BUFFER STRIP
No person shall park or drive any vehicle upon any land owned by the Village of
Clive which the Village uses or permits to be used as a playground recreation
area, utility or public park, buffer strip, land held for resale, or any land in
reserve, or on any boulevard except on such parts thereof clearly signed or
otherwise authorized by the Village's Chief Administrative Officer or his
appointed designate.
311
NO PARKING STREET MAINTENANCE
(a) Despite any other provision in this Bylaw, the Chief Administration Officer
may cause "No Parking Signs" to be placed on or near a highway for
highway maintenance or construction purposes. The signs shall be erected 12
hours previous to the work being done.
(b) When emergency snow removal, street cleaning or other work commences on
the signed portion of the highway, then the owner of any vehicle parked 12
hours after the placement of the appropriate signs, shall be in contravention
of this section. Vehicles remaining stationary during the 12 hour period
mentioned in section (a) shall also be in contravention of this section.
Vehicles in contravention may be towed at the owners' expense.
312
ABANDONING A VEHICLE
(a) No person shall abandon a vehicle on a highway;
(b) No person shall abandon a vehicle on public or private property without the
express or implied consent of the owner or person in lawful possession or
control of the property.
72 HOUR LIMIT
(c) A vehicle left standing, at a location referred to in subsection (1) or (2), for
more than 72 consecutive hours shall be deemed to have been abandoned at
that location for the purposes of section 4.1 of the Vehicle Seizure and
Removal Regulation, the Traffic Safety Act.
EXCEPTION
(d) Where the abandonment or obstruction is unavoidable due to mechanical
failure the operator will not be in breach of this section provided he promptly
takes measure to clear the faulty vehicle from the highway.
(e) Nothing in this section shall be construed as to allow parking contrary to
other provisions of the Bylaw.
313
VEHICLE ON JACK
No person shall leave a vehicle unattended on a highway while it is supported by
a jack or similar device.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 8
314
DANGEROUS GOODS
(a) The operation of a vehicle or trailer used in the conveyance of dangerous
goods shall be restricted to 50th Street.
(b) Parking of vehicles or trailers carrying dangerous goods is restricted to 50th
Street.
(c) No person shall park a vehicle or trailer carrying dangerous goods for a
longer period of time than two (2) hours.
(d) No person shall park a vehicle or a trailer used for or designed for the
conveyance of dangerous goods nearer than fifteen (15) meters from a
building likely to contain persons and such vehicle shall have a warning
notice clearly displayed.
315
SERVICING
No person being in charge or control of a garage, service station, radio shop or
other premises where repairs or installations are made on vehicles for
compensation shall leave or cause or permit to be left on any street a vehicle
which is left in his possession for carrying out the repairs or making installations
or for any other purpose whatsoever.
PART IV
USE OF STREETS AND PUBLIC PLACES
401
LITTERING
No person shall place, deposit, or throw in any alley, laneway, highway or
parking lot, except in garbage receptacles, any paper, cardboard, glass or other
litter.
402
CARRYING WASTE MATERIALS
Operators of vehicles and trailers used for the purpose of carrying waste
materials and refuse must adequately enclose, secure or cover the waste material
and refuse to prevent any portion of the load from falling or blowing onto any
highway or any public or private property.
403
PETROLEUM PRODUCTS
No person shall allow any leaked, spilled or otherwise emitted fuel, solvents,
other petroleum based products, effluent, deleterious material or waste of any
kind or any other liquids including water, to be leaked, spilled or otherwise
emitted onto any highway from any vehicle or trailer, or from any container
located on the vehicle or trailer.
In addition to a penalty, any person who allows any leaked, spilled or otherwise
emitted fuel, solvents, other petroleum based products, effluent, deleterious
material or waste of any kind or any other liquids must have the material or waste
cleaned up and disposed of in a safe manner within 24 hours of spillage. Failure
to do so may result in the Chief Administrative Officer ordering the Village or its
agents to clean up the spillage with said costs of clean up and/or repair payable
by the registered owner of the vehicle or trailer.
404
VEHICLES
(a) No person shall wash, service or repair a vehicle on any highway, sidewalk,
or boulevard.
(b) No person shall wash, repair or service a vehicle near any highway, sidewalk
or boulevard within the Village in a manner that allows soap suds, mud,
cement, refuse, debris, tar, oil, grease, antifreeze or other vehicle fluids to
blow onto or enter the highway, sidewalk or boulevard or enter any sewer
system or storm water system.
(c) No person shall park a vehicle on a highway or public parking lot within the
Village that, due to the state of the vehicle, results in mud, cement, refuse,
tar, oil, grease, antifreeze or other vehicle fluids being deposited upon the
highway or public parking lot or enter a sewer system or storm water system.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 9
405
ELECTRICAL EXTENSION CORD
No person shall place, or permit to be placed an electrical extension cord across a
sidewalk or driveway whereby any person, animal, or vehicle may be in any way
injured or damaged.
406
EARTH, ROCKS, AND TREES
No person shall, without authorization from the Village, deposit any earth, rocks,
trees or other substances or objects on any highway, sidewalk or boulevard
within the Village and if such deposits have been made without authorization and
the Village removes the same, the expense therefore shall be chargeable to the
person responsible, which shall be in addition to any fine or penalty imposed by
this Bylaw.
407
SIGNS / NOTICES
Any sign, notice or other object placed on or beside a Village Highway or upon
abutting public lands, including boulevards and sidewalks shall be liable to a
fine, removal and immediate disposal by the Village without any notice or
warning to the owner thereof.
(a) Garage Sale Exemption
Garage Sale signs are permitted provided they are taken down immediately
following the sale date.
408
SNOW, ICE DEBRIS ICE BUILD-UP
(a) All persons within the Village shall remove or cause to be removed any
snow, ice, debris or other materials from any sidewalk adjoining the property
owned or occupied by them; such removal is to be completed within 48 hours
of the time when the snow, ice, dirt or other obstruction was formed or
deposited thereon.
(b) No person shall remove snow, ice dirt, debris or other material from any
sidewalk by causing such material to be placed upon any other portion of the
highway.
(c) No person shall place or permit to be placed any snow, ice, dirt, debris or
other material removed from private property onto the highways or other
public places of the Village.
(d) If water drips from an awning, eavestrough or any other area of a building
and depositing upon a highway or sidewalk, the owner or occupier of the
premises shall clean the sidewalk or highway portion thereof to prevent ice
from forming.
409
EXPENSES CHARGED
The Village may, after the 48 hours, remove and clear away all snow, dirt, debris
and any other material required to be removed by Section 408 and recover the
expense thereof to the owner or occupant under the provisions of the Municipal
Government Act.
410
AT A FIRE
No person shall pass beyond a point designated by a Peace Officer or a member
of the Fire Department near the location of a fire.
411
SIDEWALK OBSTRUCTIONS
No person shall place any goods, wares, merchandise, or any other articles upon
a sidewalk or highway for display or sale outside of a shop warehouse or
building so as to obstruct pedestrian or vehicular traffic unless authorized by the
Chief Administrative Officer.
412
PEDESTRIANS
(a) No person shall conduct himself or otherwise position himself on a highway
in such a manner as to obstruct vehicular or pedestrian traffic or
inconvenience any other person upon the highway.
(b) No person shall stand in a group of 3 or more persons or so near to each other
on any highway as to obstruct the entrance to buildings or to obstruct or
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 10
prevent other persons using such highway and forthwith after a request has
been made by a Peace Officer or other person duly authorized so to do, the
persons shall disperse and move away.
413
HITCH HIKING
No person shall stand upon or walk along a highway for the purpose of soliciting
a ride from the driver of any vehicle.
414
OFF-HIGHWAY VEHICLES
No person shall operate an off-highway vehicle within the Village except as
provided in this section.
(a) An owner operator of an off-highway vehicle may travel on a highway for the
purpose of;
i) a direct route of travel from the owner's residence using the shortest
route to areas outside of the Village's corporate limits,
ii) a direct route of travel from outside the Village's corporate limits to a
pre-determined destination within the Village, or
iii) loading or unloading an off-highway vehicle from or onto a trailer or
vehicle or into a building or property;
(b) Peace Officers, or employees of the Village are authorized to operate off-
highway vehicles on any highway within the Village while performing their
official duties.
(c) A person who is granted permission by the Chief Administrative Officer is
authorized to operate an off-highway vehicle within a route and period of
time specified.
PART V
MISCELLANEOUS
501
PARK BENCHES
No person shall climb or interfere with any street furniture, trees, protection
system or any other utility system of the Village.
502
SIGN DAMAGE OR REMOVAL
(a) No person shall willfully remove, throw down, deface or alter, damage or
destroy a traffic control device placed, marked or erected on a highway.
(b) No person shall tear down, remove or interfere with any barricades or notice
of closing or suspension, erected or posted under the authority of this Bylaw.
503
OBSTRUCTION OF TRAFFIC CONTROL DEVICE
No person shall erect, build, or allow the growth of trees, shrubs or of anything
that shall in any way obstruct the visibility of a traffic control device.
504
OVERHANGING TREES SHRUBS
(a) The owner, tenant or occupier of any land adjoining any highway or public
place in the Village of Clive shall cause all trees, shrubs and bushes which
overhang on the sidewalk or alley of the street, lane or public place to be
properly trimmed and cut back, so as to prevent obstruction on the sidewalk,
highway or public place to pedestrians or vehicles such that no branches
project over a sidewalk at an elevation of less than 225 cm (7.5 ft.) or over a
roadway or alley at an elevation of less than 412 cm (13.5 ft.).
(i) The Chief Administrative Officer may require any person concerned to
comply with the provisions of subsection 504 (a) herein, within ten (10)
days of being notified to do so. If the person fails to comply with such
notice, the Chief Administrative Officer may direct employees or agents
of the Village 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.
(b) No person shall plant trees, hedges or shrubs on any boulevard without prior
approval from the Chief Administrative Officer.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 11
505
BICYCLES
(a) Every person operating a bicycle on a highway shall in so far as they are
applicable, comply with the provisions and requirements of the Traffic Safety
Act except:
(i) When otherwise instructed by any applicable traffic control device or,
(ii) When otherwise directed by a Peace Officer.
(b) No person shall ride a bicycle in an unsafe manner on any sidewalk within
the Village, and shall yield to pedestrian traffic.
506
RESTRICTED AREAS
No person shall ride, coast or propel any cart, sled, toboggan, skis, ice skates,
roller skates, roller blades or skate boards or any other similar device in an unsafe
manner on any sidewalk within the Village of Clive.
507
ROLLER BLADES/ SKATE BOARDS
(a) Every person operating a skate board within Clive's corporate limits shall in
so far as they are applicable, comply with the provisions and requirements of
the Skateboard Bylaw #462-04.
(b) No person shall ride a skateboard or other wheeled conveyance in a manner
which creates a nuisance in, on or near a public place or place of business.
508
SEIZE/ IMPOUND
A peace officer may seize any bicycle, skateboard or other wheeled conveyance
that is operated, parked or left in contravention of this By- Law and such bicycle
or skateboard may be impounded for a period not exceeding thirty (30) days.
510
STORAGE FEE
(a) A bicycle or skateboard that has been impounded may be redeemed by the
owner at the end of the impound period upon payment to the Village of a
storage fee of $10.00.
(b)A storage fee shall not apply when a bicycle or skateboard has been stolen and
is being claimed by the owner.
511
UNCLAIMED BICYCLES AND SKATEBOARDS
Any bicycle or skateboard which has been impounded and not redeemed by the
owner within 60 days of the date of the expiration of the period of impoundment
shall become the property of the Village.
PART VI
AUTHORITY OF MUNICIPAL OFFICIALS
601
TRAFFIC CONTROL DEVICES
(a) The Chief Administrative Officer is hereby authorized to:
(i) prescribe the location and placement of every traffic control device and
traffic signal in the Village and shall keep a record of such locations and
placements and such records shall be available to the public for inspection
during normal business hours.
(ii) designate crosswalks upon any highway and to cause same to be marked
with signs, or lines painted on the surface of the highway.
(iii) designate any 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 said place to be signed, barricaded, or otherwise
restricted.
(iv) 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 same to be marked with signs prohibiting U-
turns.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 12
(v) designate any area as one in which parking privileges are temporarily
suspended in whole or in part to traffic and shall cause such are to be
marked with signs.
(vi) designate any highway as one to be divided into traffic lanes of such
number as is considered proper and shall cause such lanes to be marked
with solid and/or broken lines painted on the road surface.
(vii) designate "School Zones" and "Playground Zones" and shall cause such
zones to be marked by signs posted along the highway, or by markings on
the pavement or by signs or lights or both, posted or suspended over the
highway.
(viii) designate any street as one which is closed temporarily in whole or in
part and shall cause such street to be marked by signs or suitable warning
devices.
(ix) fix a maximum speed limit in respect of any part of a street under
construction or repair or in a state of disrepair applicable to all vehicles or
any class of vehicles while traveling on that street and shall cause such
street to be marked by signs and other suitable warning devices.
(x) is hereby authorized to designate any boulevard upon which parking is
permitted and shall cause signs, permitting such parking, to be erected
thereon.
(xi) determine the format of the violation tags, notices and other forms
required to administer the Bylaw.
(b) When the Chief Administration Officer has approved of any highway or a
part of a highway being designated for one way traffic, the Chief
Administrative Officer shall cause the same to be marked with signs. Despite
any other provision in this Bylaw, the Chief Administration Officer may
cause moveable signs to be placed on or near a highway.
PART VII
PENALTIES AND ENFORCEMENT
701
TOWING
Any peace officer of the Village is hereby authorized to remove and impound, or
cause to be removed and impounded, any vehicle or trailer;
(a) parked on any highway when in contravention of any provision of this
Bylaw,
(b) that is not registered under the TSA, or
(c) that is interfering with snow removal or other public works being carried on
by the Village.
702
IMPOUNDMENT AND RELEASE OF VEHICLES
Any vehicle impounded under this Section may be released to the owner or his
agent upon proof that any costs imposed for towing and/or storage have been
paid. No impounded vehicle shall be released to its owner or agent until payment
of the costs incurred for the removal of the vehicle, storage of the vehicle and
administration is received by the Village of Clive or its agent. Such charge shall
be in addition to any fines or penalty imposed in respect of any such violation or
to any payment made in lieu of prosecution as provided for in this Bylaw.
703
VIOLATION TAG & VIOLATION TICKET
A Notice of Form commonly called a Violation Tag may be issued by a peace
officer to any person who contravenes any provision of this Bylaw, and served
as per Section 704, and the Tag shall require the payment to the Village for the
specified amount for that particular breach of this Bylaw.
(a) A Violation Tag issued pursuant to this Bylaw shall be in a form approved by
the Chief Administrative Officer and shall state;
(i) The name of the person
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 13
(ii) The offence
(iii)The appropriate penalty for the offence as specified in "Schedule 2"
(iv)The time period in which the specified penalty must be paid in order to
avoid prosecution for the alleged offence, and
(v) Any other information as may be required by the Chief Administrative
Officer
(b) Where the Violation Tag has been issued and the penalty specified on the
Violation Tag has not been paid within the prescribed time as set out in
Section 705, the Peace Officer is hereby authorized and empowered to issue a
Violation Ticket.
(c) A Peace Officer is authorized and empowered to immediately issue a
Violation Ticket to any person who the Peace Officer has reasonable and
probable grounds to believe is responsible for a contravention of this Bylaw.
(d) A Violation Ticket issued with respect to a contravention of this Bylaw shall
be served upon the person responsible for the contravention in accordance
with the Provincial Offences Procedure Act.
704
DEEMED SERVED
(a) A Violation Tag shall be deemed to be sufficiently served:
(i) if served personally on the accused, or
(ii) if mailed to the address of the registered owner of the vehicle concerned,
or the person concerned, or
(iii)if attached to or left upon the vehicle in respect of which the offence is
alleged to have been committed.
(b) Nothing in this Bylaw shall prevent any person from defending a charge of
committing a breach of this Bylaw.
705
VOLUNTARY PAYMENT
(a) Where a Violation Tag has been issued pursuant to this Bylaw, the person to
whom the Violation Tag has been issued may pay the appropriate penalty as
provided in "Schedule 2" within 20 days and the Village shall accept
payment in lieu of prosecution for the offence.
(b) Where a Violation Ticket has been issued;
(i) The person to whom the Violation Ticket has been issued may plead
guilty by making a voluntary payment in respect to the summons by
delivering to the Provincial Court, on or before the initial appearance
date, the Violation Ticket together with an amount equal to the specified
penalty for the offence as provided for in a Schedule "2" of this Bylaw.
(ii)When a clerk of the Provincial Court records the receipt of a voluntary
payment, the act of recording constitutes acceptance of the guilty plea and
constitutes the conviction and imposition of a fine in the amount of the
specified penalty.
705
GENERAL PENALTY
Except as otherwise provided herein, every person who contravenes any
provision of this Bylaw is guilty of an offence, and shall be liable on Summary
Conviction to a fine of not less than twenty-five ($25.00) dollars or more than
five hundred ($500.00) dollars.
706
SPECIFIED PENALTIES
Every person who contravenes any provision of this By- Law, as enumerated in
Schedule "2" here in, is guilty of an offence and shall be liable on Summary
Conviction to the penalty specified therein for such offence.
V i l l a g e o f C l i v e - T r a f f i c B y l a w # 4 9 9 - 1 2
P a g e | 14
PART VIII
GENERAL
801
It is the intention of the Council that each separate provision of this Bylaw shall
be deemed independent of all other provisions, and if any provision of this Bylaw
be declared invalid, all other provisions shall remain valid and enforceable
802
Schedules 1 and 2 attached hereto shall form part of this Bylaw.
803
Village of Clive Traffic Bylaw being #417-98, including all amendments thereto,
is hereby repealed.
804
This Bylaw shall come into full force and effect on the date it is finally passed by
Council.
INTRODUCED AND GIVEN first reading this 13th day of November, A.D. 2012.
GIVEN second reading this 10th day of December, A.D. 2012.
GIVEN third and final reading this 10th day of December, A.D. 2012.
_________________________________
Mayor
________________________________
Municipal Administrator