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BYLAW NO. 1200/2024
Being a Bylaw of the Village of Delburne, in the Province of Alberta, to regulate
fr") pedestrian and vehicle traffic and to authorize the placing, erecting or marking of
traffic control devices.
WHEREAS, Part 1, Division 3 of the Traffic Safety Act, being Chapter T-6 of the Revised
Statutes of Alberta, and amendments thereto, provides that the Council of a Municipality may
with respect to a highway under its direction, control and management, make bylaws that are
not inconsistent with the Act governing the establishment and use of parking places that are
for the exclusive use of persons with disabilities who display on their vehicles a disable
placard or license plate that is issued or recognized by the Registrar; and
WHEREAS, Part 5, Division 1 of the Traffic Safety Act, provides that the council of a
Municipality may pass bylaws for the purpose of regulating speed limits within the areas of its
jurisdiction, and authorizing the placing, erecting or marking of traffic control devices; and
WHEREAS, Council of the Village of Delburne deems it proper and expedient to erect
traffic control devices and regulate and control vehicle, animal and pedestrian traffic;
> NOW THEREFORE, the Municipal Council of the Village of Delburne, in the Province of
Alberta, in Council assembled, enacts as follows:
DEFINITIONS:
1 The following words and terms are defined as follows:
a) the words "Act" shall mean the Traffic Safety Act of the Province of Alberta;
b) "CAO" shall mean the Chief Administrative Officer for the Village of Delburne;
C) "Council" shall mean the Council of the Village of Deloburne;
d) "Curb" shall mean the actual concrete or asphalt curb, or in the absence of
one, the dividing line of a Highway between the edge of the roadway and that
part of the Highway not intended for vehicular use;
e) "Highway" means any thoroughfare, street, road, trail, avenue, parkway,
ff driveway, viaduct, lane, alley, square, bridge, causeway, trestle way 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 and includes (i) a sidewalk, including a
boulevard adjacent to the sidewalk, (ii) if a ditch lies adjacent to and
parallel with the roadway, the ditch, and (iii) if 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 regulation not to be a highway;
f) "Peace Officer" includes a member of the Royal Canadian Mounted
Police, a Bylaw Officer as appointed by the Village, and a Community
Peace Officer as appointed by the Solicitor General of Alberta;
g) "Recreational Vehicle" means a vehicle or trailer designed, constructed,
modified, or equipped as a temporary dwelling or sleeping place for travel,
vacation, or recreation use, and includes, but is not limited to, campers,
ai tent trailers, fifth wheel travel trailers and motor homes;
h) "Sidewalk" means that part of the Highway especially adapted to the use
of or ordinarily used by pedestrians and includes that part of a Highway
between the curb line or, where there is no curb line, the edge of the
Bylaw 1200/2024 -- Traffic Control Bylaw May 28, 2024 Page | ole
roadway, and the adjacent property line whether or not it is paved or
unpaved;
rr i) "Village" shall mean the Village of Delburne;
j) any word, expression or term used in this By-law shall have the same
meaning as in the Act.
POWERS OF VILLAGE OFFICIALS
2 The Powers of the Village Officials shall be as follows:
a) Council is hereby authorized to prescribe where traffic control devices are to
be located.
b) Council, may, from time to time, by resolution, in council assembled,
prescribe where traffic control devices are to be located and may amend
and/or change the locations of previously established locations.
C) The powers delegated to Council in this section are subject to the express
provisions of this By-law, any other By-law regulating or controlling traffic and
fo the Act.
DAMAGE TO ROAD SURFACE BY VEHICLES
3 No person shall:
a) operate or move over any highway, any traction engine or public service or
commercial vehicle having cleats or other devices attached to its shells or
made a part thereof which will damage the said highway.
b) operate or move upon, or over any highway that is surfaced with asphalt or
concrete or is prepared with a base suitable, for asphalt or concrete
surfacing, any motor vehicle, tractor or traction engine or any other vehicle
equipped to run on tracks.
OBSTRUCTING THE USE OF ROADS
o~ 4 No person shall:
a) dump, place, abandon, unload or push any dirt, ice, snow or any other
deleterious matter onto any street or alley which in the opinion of the Council,
Municipal Administrator, and/or Public Works Foreman in any matter
obstructs or impedes traffic, or drainage, unless permission is first obtained
authorizing a temporary obstruction for a specified time.
i) The Public Works Foreman may remove or cause to be removed any
such obstruction or impediment and the cost of such removal shall be
charged to the owner or person making delivery thereof, and the Village
Solicitor is hereby empowered and authorized to institute proceedings
in any court of competent jurisdiction to recover such costs.
b) except for loading or unloading, park any vehicle upon any lane, alley, or public
driveway in such a manner so as to cause an obstruction in the flow of traffic.
C) park a vehicle on or within five (5) meters of any Stop or Yield sign.
f
d) park a vehicle within five (5) meters of any fire hydrant.
e) park a vehicle in such a way that it obstructs access to any garage, private
road, or driveway.
Bylaw 1200/2024 -- Traffic Control Bylaw May 28, 2024 Page 2 of 5
RECREATIONAL VEHICLES
5 a. No recreational vehicle, boat or unattached trailer can be stored in a public lane if
not connected to a vehicle.
b. A recreational vehicle, boat, or hitched trailer may only be parked on a public
street, lane, or front yard, for a maximum of 48 consecutive hours, for such purposes
as loading or unloading.
ABANDONED VEHICLES
6. No person shall park a Vehicle on a Highway that is not a parking lot
at the same location in excess of 72 consecutive hours.
7. Where public parking is permitted on public or private property, no
person shall park a Vehicle at the same location in excess of 48
hours, without the express or implied consent of the owner or person
in lawful possession or control of the property.
fl" 8. A vehicle left parked at a location referred to in Sections 6 or 7 in
excess of the time specified shall be deemed to have been
abandoned at that location for the purposes of this Bylaw.
REMOVAL AND IMPOUNDMENT OF VEHICLES
9. APeace Officer is hereby authorized to remove or cause to be removed
any Vehicle, including a trailer:
a) operated or parked in contravention of any provision of this bylaw; or
b) where emergency conditions may require such removal from a
Highway.
fy
10. | Such Vehicle may be removed to a place designated by the CAO, where
it will remain until claimed by the owner or his agent.
11. Noimpounded Vehicle shall be released to its owner or his agent until the
impounding charge and removal charge on the Vehicle have been paid,
such charges shall be in addition to any fine or penalty imposed in
respect of any violation of this Bylaw, or to any payment made in lieu of
prosecution as hereinafter provided. The Village is not responsible for any
towing, removal or impounding charges.
VEHICLE ON JACKS
12. No person shall leave a Vehicle unattended on a Highway while it is
supported by a jack or similar device.
fr»
Bylaw 1200/2024 -- Traffic Control Bylaw May 28, 2024 Page 3 ake
OBSTRUCTIONS
Trees And Vegetation
f') 13. Aperson shall not permit any hedge, tree or shrub, whenever planted, on
property owned or occupied by him located within a triangle formed ona
corner site by the two curb lines adjoining an intersection, including a lane
intersection, and two points located 7.5 metres from the said corner
where the curb lines meet, herein referred to as the "corner visibility
triangle", to grow or remain at a height greater than 750 millimeters.
14. If a person is directed by a Peace Officer to reduce any hedge, tree or
shrub located in a corner visibility triangle to a height not in excess of 750
millimeters, and fails to carry out such direction within seven days of
receipt of such direction, the Village may remove any such hedge, tree or
shrub or reduce it to the required height, and if the cost of such work is
not paid on demand by the owner or occupant of the property in
question, the Village may recover the expense of such work, with costs,
by action in any Court of competent jurisdiction, or may charge the
"™ expense of the work as taxes against such property.
15. An owner or occupier of private property shall ensure that trees, shrubs
or other vegetation growing on his property, and on adjacent boulevards
between his property line and the Curb, shall be trimmed so 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.).
SNOW, ICE AND DIRT
16. Noperson shall place, pile or store any snow, ice, gravel, dirt, equipment
or other obstruction, on any Highway or Village property without first
obtaining a permit for such purpose from the CAO.
( 17. Any person in contravention of Section 98 shall remove or cause the
removal of such snow, ice, gravel, dirt, equipment or other obstruction,
within twenty four (24) hours after notification to do so by the CAO. After
the expiration of twenty four (24) hours, the Village may remove all snow,
ice, gravel, dirt, equipment or other obstruction, perform all necessary
repairs and the person in contravention shall make payment to the Village
of all costs of removal upon demand by the Village.
OBSTRUCTIONS ON HIGHWAY OR SIDEWALK
18. No person shall place an electrical cord, hose, chain or other similar
obstruction over or across any portion of a Highway.
19. No person shall place an electrical cord, hose, chain or other similar
ff obstruction over or across any portion of a Sidewalk so as to create a
| hazard to persons using the Sidewalk.
Bylaw 1200/2024 -- Traffic Control Bylaw May 28, 2024 Page 4 we a
SNOW REMOVAL OR STREET CLEANING
20. Notwithstanding anything herein contained, in conjunction with snow
ff") removal, street cleaning or road repair operations carried on by the
Village employees or contractors, the Village may tow Vehicles from the
street being cleaned, cleared or repaired, at the expense of the owner,
and impound them, or, without impounding them, may remove them to
another street within the Village.
SPEED LIMITS
21. Maximum speed limits shall be 40 km/hr unless otherwise posted for school zone
and playground zone.
ENFORCEMENT AND PENALTIES
22. Any Peace Officer, as defined in Part 1, Section 1 of the Act, is authorized and
empowered to enforce this By-law.
f 23. Any Person who contravenes any provision of this Bylaw is guilty of an offence and is
liable for a penalty in the amount of:
23.1 a minimum of Two Hundred Fifty Dollars ($250.00) for a first Offence;
and
23.2 a minimum of Five Hundred Dollars ($500.00) for a second or
subsequent Offence, if:
i. the Offence is a contravention of the same provision of the
Bylaw which was contravened resulting in the first, or prior,
Offence; and
ii. the Offence is committed within one (1) year of committing
the first, or prior, Offence.
BYLAW EFFECTIVE DATE
ri
, 30. This By-law shall come into effect on the date of the final passing thereof.
31. -- This By-law shall rescind By-law 1184/2023.
FIRST READING of Bylaw 1200/2024 granted this 28'" day of May, 2024.
SECOND READING of Bylaw 1200/2024 granted this 28'" day of May, 2024.
THIRD AND FINAL READING of Bylaw 1200/2024 granted this 28'" day of May, 2024.
. HA) f--
Tim Wilson, Mayor
i = TN
f Fy '\
Karen Fégan\c.cu - CAO
Bylaw 1200/2024 -- Traffic Control Bylaw May 28, 2024 Page 5 of 5