739-21 – Traffic Bylaw — full text

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Village of Donalda Page 1 of 25 Bylaw 739-21 Traffic Bylaw Approved: __________ __________ BYLAW #739-21 VILLAGE OF DONALDA PROVINCE OF ALBERTA Being a bylaw of the Village of Donalda, in the Province of Alberta, to control and manage traffic upon Highways within the Village of Donalda rescinding Bylaw 603 and amendments thereto. NOW THEREFORE, THE COUNCIL OF THE VILLAGE OF DONALDA, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED ENACTS AS FOLLOWS: 1 This bylaw may be called the "Traffic Bylaw". DEFINITIONS 2 The definitions contained in Section 1 of the Traffic Safety Act, R.S.A. 2000, c.T-6 and regulations there under 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: "Act" means the Traffic Safety Act, R.S.A. 2000; "Alley" means a narrow highway intended chiefly to give access to the rear of buildings and parcels of land; "Block" means the portion of a street which lies between two other streets neither of which is an alley and which both intersect the first named street; "CAO" means the Chief Administrative Officer appointed by the Village of Donalda; "Certified Weight" (C.W.) shall mean the gross weight of all axles for which a vehicle is, or could be registered as the maximum allowable weight for the various configuration defined in the Alberta Commercial Vehicle Dimension and Weight Regulation Act as amended from time to time. "Commercial Loading Zone" means a portion of a highway set aside adjacent to a curb designated for the exclusive use of commercial vehicles for the loading or unloading of materials and includes an area designated as such; "Council" means the duly elected Council of the Village of Donalda; "Curb" means the actual curb, if there is one, and if there is no curb in existence, shall mean the division of highway between that part intended for the use of vehicles and that part intended for the use of pedestrians; "Curb Cut" means a driveway across a sidewalk or curb for vehicular traffic; "Double Parking" or any words or any expression of similar meaning or impart means the parking of a vehicle on a highway parallel to a vehicle parked beside the curb or shall mean parking to the rear of any vehicle that is angle parked at the curb; "Fire Lane" means an access route for fire department vehicles required by the Alberta Safety Codes for fire fighting purposes and marked by signage as a fire lane; "Front Yard" means that area running the full width of the main building in perpendicular distance from the front property line to the nearest point on the foundation of the main building having regard for projections from the main building. "He" means he/she as applicable; "Heavy Vehicle" means a vehicle with or without a load that exceeds any of the following dimensions: (a) 2 axles; (b) 11m in length; (c) A total vehicle weight of 4,500 kg (d) Notwithstanding the foregoing, municipal service vehicles and emergency vehicles are excluded from this definition. but does not include the type of vehicle commonly known as a "recreation vehicle", which is a vehicle or combination of vehicle and trailer designed for vacation, camping, or similar recreation purposes. Village of Donalda Page 2 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle way or 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: (a) a sidewalk (including a boulevard portion thereof); (b) where a ditch lies adjacent and parallel with the roadway, the ditch and (c) where a highway right-of-way is contained between fences or between a fence and one side of the roadway all the land between the fences, or all the land between 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 "Holiday" includes Sundays; "Holiday Trailer" means: (a) a trailer that is designated, constructed, and equipped as a temporary dwelling or sleeping place; or (b) any structure that is designated, constructed and equipped as a temporary dwelling or sleeping place and intended or capable of being loaded on to or carried upon a motor vehicle or trailer; "Land Use Bylaw" means the Land Use Bylaw #10:2012 of the Village of Donalda and amendments thereto; "Lane" means all that portion of a highway used to provide access to a parcel of land, in addition to the access provided by the street in front of such lands; "Maximum gross weight" means the maximum weight specified in the Certification of Registration for a motor vehicle issued under the Traffic Safety Act, and Regulations being Chapter T-6 of the R.S.A. 2000 as amended from time to time or any successors thereto; "Objectionable Noise" means any sound caused by or emanating from a motor vehicle that annoys or disturbs humans or endangers the health and safety of humans and includes: (a) the squeal of tires made by a motor vehicle which is accelerating or changing direction; (b) a roaring or explosive sound; (c) the sound of a radio, stereo, television, or other device or amplification equipment; (e) the sound from vehicle-mounted amplification equipment, a bullhorn or other device used to amplify voices, which is continuously made for more than two (2) minutes at the same location; (e) the sound of a diesel engine powered motor vehicle which has been idling or otherwise running continuously for more than ten (10) minutes at the same location except where the diesel engine powered motor vehicle is located within a garage or parking area intended for its long term parking, and; (g) the sound of a motor vehicle security system which is made, (i) for a period exceeding one (1) minute, or; (ii) more than three times in one 24 hour period, except for the motor vehicle security system's activation status signal "Off Highway Vehicle" means any motorized mode of transportation built for cross-country travel on land, water, snow, ice, marsh, or swamp land or on other natural terrain and, without limiting the generality of the foregoing, includes, when specifically designed for such travel: (a) 4-wheel drive or low pressure tire vehicles; (b) motorcycles and related 2-wheel vehicles; (c) amphibious vehicles (d) all-terrain vehicles; (e) snow vehicles (f) miniature motor vehicles and minibikes, and (g) any other means of transportation that is propelled by any power other than muscular power or wind; but does not include (h) motor boats, or (i) any other vehicle exempted from being an off-highway vehicle by regulation; "Operator" includes a person who drives or operates a vehicle as the owner thereof or as an agent or employee of the owner; "Oversize Load or Oversize Vehicle" means a load or vehicle size which exceeds the normal maximum weights or dimensions specified in the vehicle registration certificate or in the Traffic Safety Act of Alberta and regulations thereunder for that vehicle, or which exceeds the following maximum dimensions: (a) length - 23 m (b) height - 4.15 m Village of Donalda Page 3 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ (c) width - 2.6 m "Peace Officer" shall include any person contracted by the Village and appointed as a special constable and any member of the area detachment of the R.C.M.P. assigned to enforce the provisions of this bylaw; "Person" includes any individual, corporation, society, association, partnership or firm and the successor to or the heirs, executors, administrators or other legal representatives of a person; "Public Buildings" include every church, chapel, college, school, convent, hospital, house, any apartment block, theater, moving picture theater, public library, concert hall, or any building used for public resort or entertainment; "Public Place" means any highway, parkland, square, court, alley or passage, whether a thoroughfare or not, or other area to which the public have or are permitted to have access, whether on payment or otherwise that is owned by the Village; "Public loading zone" means a space on a highway, marked with a Village authorized sign containing the words "Public Loading Zone", for the parking of non-commercial vehicles during actual loading or unloading of goods or other materials. "Recreation Vehicle" means a motor vehicle designed, constructed, modified, or equipped as a temporary dwelling place, living abode, or sleeping place; "Residential Area" means any area of the village designated by the Village of Donalda Land Use Bylaw #625 as a Residential District and all roadways adjacent to the sites within the district; "Right of Way" means the right to immediate use of the street in priority to another vehicle or a pedestrian using or wishing to use the same street; "Sign" means any sign, signal, marking, or device placed, marked or erected under the authority of this bylaw for the purpose of regulating, warning or guiding as defined in the Traffic Safety Act of Alberta and regulations thereunder; "Special Event" means a promotion, parade, procession, race or display that requires the use of Village property or a highway within the Village, and for that purpose: (a) "promotion" means one or more persons gathered for the purpose of soliciting, protesting, rallying, entertaining, evangelizing or selling goods or services; (b) "parade" "procession", "race", or "display" means any group of pedestrians or vehicles or a combination of pedestrian and vehicles, other than a funeral or military processions, marching, walking, running, standing, proceeding or riding upon Village property or a highway within the Village. "Street" means any public thoroughfare for movement of vehicles and pedestrians and where the context so requires, includes the whole of the place between the boundaries of the street as recorded in the Land Titles Office and includes an alley; "Violation tag" means a ticket or similar document issued by the Village pursuant to the Municipal Government Act, R.S.A. 2000, c.M-26, as amended or replaced and appealed from time to time. "Violation ticket" means a ticket issued pursuant to the Provincial Offenses Procedure Act, R.S.A. 2000, c.P-34 and regulations there under as amended or replaced and repealed from time to time. PART 1 - SPEED SPEED LIMIT GENERAL 3 Unless otherwise provided for in this bylaw, the speed limit in the Village shall be thirty (30) kilometers per hour. SPEED LIMIT IN LANES 4 No person shall drive a vehicle in an alley at a speed in excess of ten (10) kilometers per hour. SPEED LIMIT ON RECREATION GROUNDS 5 No person shall drive a vehicle in excess of ten (10) kilometers per hour on any land which is part of the Donalda Ball Diamond or Donalda Curling Rink. Village of Donalda Page 4 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ SPEED LIMIT SCHOOL ZONES AND PLAYGROUND ZONES 6 No person shall drive a vehicle in excess of thirty (30) kilometers per hour in designated school zones and playground zones. PART 2 - RIGHTS AND DUTIES OF PEDESTRIANS STREET CROSSING 7 No person shall cross a street which forms the boundary of a school property or is designated as a school zone or playground zone during the hours when reduced speeds for school and playground zones are in effect except in a painted crosswalk or the crosswalk at an intersection. HITCH HIKING 8 Except as provided in Section 12, no person shall stand on a street for the purpose of soliciting a ride from the operator of any vehicle. 9 No person shall board or alight from any vehicle that is in motion. 10 A person may stand on the sidewalk or boulevard for the purpose of soliciting a ride from the operator of a bus, or school bus. 11 No person shall park or stop a vehicle other than a bus or school bus on any street for the purpose of offering a ride to any pedestrian who, at the time in question, is standing on the street or the adjacent sidewalk or boulevard for the purpose of soliciting a ride from the operators of vehicles operating on the said street. OBSTRUCTING STREETS AND BUILDING ENTRANCES 12 Two or more persons shall not stand so near to each other on any street as to obstruct the entrance to buildings or to obstruct or prevent any other person using such street, and forthwith upon request being made by any Peace Officer or other person duly authorized to do so, shall disperse and move away. 13 No person shall obstruct, impede or inconvenience vehicular or pedestrian traffic of a permitted Special Event. PART 3 - PUBLIC GATHERINGS AND EVENTS PUBLIC MEETINGS 14 Nothing in Sections 12 and 13 shall be construed as prohibiting the congregating or assembling of individuals to attend and listen to public speaking so long as the proceedings thereat are peaceable and orderly and sufficient space is left on the street to allow free movement of the ordinary traffic, but should any street at or near such assembly become so obstructed as to impede such ordinary traffic, the persons so obstructing or impeding shall forthwith move away on being requested to do so by any Peace Officer or by any other person duly authorized. Any person refusing or failing to move away upon being requested shall be guilty of an offence under this bylaw. PARADES/SPECIAL ROADWAY EVENTS 15 (a) No person or organization shall hold or take part in any parade or special roadway event on a highway unless a permission for the event has been obtained from the Chief Administrative Officer and Alberta Transportation in the case of a parade or special event on a primary or secondary highway. (b) When permission has been obtained for a parade or special roadway event: (i) notwithstanding any provisions of this bylaw, a person or persons may congregate on the sidewalks in order to view the parade procession. (ii) the CAO or a designate or a Peace Officer may close all or portions of a street along the route for the anticipated time of the parade or special roadway event and for such additional time as necessary to again clear the street for normal traffic, (iii) the CAO or a designate or a Peace Officer may temporarily suspend parking and loading privileges on all or a portion of a street on the proposed route by posting no parking signs, and Village of Donalda Page 5 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ (iv) in the event a vehicle(s) are parked on the designated route a Peace Officer, (at the owner's expense) shall remove said vehicles(s) and have it impounded or relocated at the discretion of the Peace Officer. (c) Notwithstanding anything in this bylaw, a procession of vehicles within the Village that is part of a military or funeral procession does not require a permission, but must comply with the provisions of the Traffic Safety Act and regulations thereunder. (d) The driver of a vehicle in the lead of a funeral procession approaching an intersection where a stop sign is posted shall stop the vehicle and shall not drive the vehicle into the intersection until it is safe to so do. All following vehicles may during daylight hours enter an intersection without stopping if headlamps are alight and passage into the intersection can be done safely. PART 4 - SIDEWALKS AND PEDESTRIAN PATHS USE OF SIDEWALKS 16 Except as otherwise provided in this Section a person shall not: a) drive, lead or allow a hoofed animal to walk; b) ride a horse; on or along a sidewalk, footpath, walkway or boulevard. 17 A person may draw, push or propel: a) a two wheeled cart or other personal grocery carrier; or b) a wheeled device for carrying an invalid or child; or c) a child's tricycle; or d) a child's bicycle operated by an individual under the age of ten (10) years e) a wheel chair, or motorized scooter for the disabled; on or along a sidewalk, footpath, walkway or boulevard. OPERATE MOTOR VEHICLE ON SIDEWALK 18 No person shall operate or park a motor vehicle on any sidewalk, pedestrian path, or bicycle path on any public lands owned by the Village. BICYCLES ON SIDEWALKS 19 No person shall ride a bicycle on a sidewalk except as otherwise provided in this Bylaw. 20 Where this bylaw permits a person to ride a bicycle on a sidewalk, footpath or other walkway where pedestrians are also allowed, the person shall ride the bicycle only in such a way that it will not interfere with a pedestrian lawfully on or using such sidewalk, footpath or walkway. SKATEBOARDS, IN-LINE SKATES, SCOOTERS ON SIDEWALKS 21 A person may use in-line skates or skateboard or scooter on a sidewalk, except on sidewalks in the downtown core as set out in Schedule "D". 22 Schedule "D" refers to Lee Avenue through Main Street to Railway Avenue. 23 Where this bylaw permits a person to ride a skateboard, inline skates, or a scooter on a sidewalk, footpath, or other walkway where pedestrians are also allowed, the person shall ride the skateboard, inline skates or scooter only in such a way that it will not interfere with a pedestrian lawfully on or using such sidewalk, footpath or walkway. 24 A Peace Officer may seize and impound for a period of up to fourteen (14) days any bicycle or skateboard or scooter which is used or operated in contravention of any Village bylaw. SNOW AND ICE REMOVAL FROM SIDEWALKS 25 All persons owning or occupying premises in the Village, shall clear away and remove all snow, ice, dirt, and other obstructions from the sidewalk situated on land adjoining the property owned or occupied by them within forty-eight (48) hours of the time that such snow ice, dirt or other obstruction was deposited thereon. 26 The Village may after the expiration of the forty-eight (48) hours aforesaid, remove and clear away all snow, ice, dirt, and other obstructions required to be removed by Section 25 and then charge the expenses thereof to the owner or occupant. In the event of non-payment within thirty (30) days of the expenses, such expenses shall be charged against the property as a special assessment to be recovered in a like manner as other taxes. Village of Donalda Page 6 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ PLACEMENT OF SNOW ON ROADWAY 27 (a) No person other than an employee in the service of the Village, or an employee in the service of an independent contractor working for the Village, shall pile, push or plow snow, ice or other debris or obstruction onto Village-owned property including, but not limited to, vacant land, streets, sidewalks and laneways. (b) Any person who contravenes Section 27(a) shall remove any such snow, ice, debris, or obstruction from the roadway within twenty-four (24) hours of the time that such snow, ice, debris, or obstruction was placed thereon. (c) The Village may after the expiry of the twenty-four (24) hours aforesaid, or if deemed necessary at any time remove and clear away the snow, ice, debris, or obstruction required to be removed by Section 27(b) (d) The person who has placed, caused, or allowed to be placed the snow, ice, debris, or obstruction contrary to Section 27(a), shall pay to the Village on demand all costs of removal. (e) No person other than an employee in the service of the Village, or an employee in the service of an independent contractor working for the Village, shall pile, push, or plow snow, ice or other debris onto or across a Village roadway. (f) No person is permitted to dump snow on vacant land not owned by that person. (g) No employee of the Village shall be liable for contravention of Section 27(a) when acting in the performance of his duties. (h) Upon request, the CAO may permit the temporary stockpiling of snow on Village property. PART 5 - VEHICLES OTHER THAN MOTOR VEHICLES VEHICLES OTHER THAN MOTOR VEHICLES 28 No person on in-line skates, riding on a coaster, a toy vehicle, tricycle, skateboard or similar device shall be upon the roadway of any street where sidewalks are present except while crossing such roadway on a crosswalk. 29 No person traveling on a coaster, sled, toboggan, skis, roller skates, tricycle, skateboard or toy vehicle of any kind or a similar device shall cling to or attach himself or his conveyance to a vehicle upon a roadway. HORSES AND ANIMALS 30 No person shall permit any livestock to stand or be upon any sidewalk or crossing within the Village whether attended or unattended to impede traffic. 31 No person shall, lead, ride, or drive horse or cattle on any Village property except roadways or the green space located around the Village of Donalda Ball Diamonds except for an approved parade procession or prior permission granted by the CAO. PART 6 - PARKING PARALLEL PARKING 32 When parking on a roadway, a driver shall park his vehicle facing the direction of travel authorized for that portion of the roadway on which the vehicle is parked, with its sides parallel to and its wheels not more that five hundred (500) millimeters from the curb or edge of the roadway. ANGLE PARKING 33 Where angle parking is permitted or required, a driver shall park his vehicle with one front wheel not more than five hundred (500) millimeters from the curb or edge of the roadway and with its sides between and parallel to any two or the visible parking guidelines, or at an angle of between Village of Donalda Page 7 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ thirty (30) and sixty (60) degrees to the curb or edge of the roadway where no parking guidelines are visible. PROHIBITED STOPPING 34 No person shall stop a vehicle where prohibited from doing so by a sign. PROHIBITED PARKING 35 Except as required or permitted by this bylaw, by a traffic control device, or in compliance with the directions of a Peace Officer, or to avoid conflict with other traffic, a driver shall not stop or park his vehicle: (a) In a Construction Area - with the exception of authorized construction personnel, upon any portion of a highway marked by a sign as a construction area; (b) In a School Bus Loading and Unloading Zone - any portion of a street marked by a sign as a bus zone; (c) At an Emergency Door - in any place where the vehicle will in any way interfere with the use of a doorway intended as a fire or emergency exit from any building abutting the street; (d) In a Fire Lane - on any portion of a highway marked by a "Fire Lane No Parking" sign; (e) On a Sidewalk or Boulevard; (f) On a Crosswalk; (g) Within an Intersection nearer than 5 metres to the projection of the lateral curb line of the highway at right angles to the direction of travel of the vehicle; (h) Within five (5) metres of the approach to a Stop Sign or Yield Sign; (i) Within five (5) metres of any Fire Hydrant, or when the hydrant is not located at the curb, within five (5) meters of the point on the curb nearest the hydrant; (j) Within one and one-half (1.5) metres of an Access to a garage, private road or driveway, or a vehicle crossway over a sidewalk; (k) Within five (5) metres of the near side of a Marked Crosswalk; (l) Alongside or opposite any Street Excavation or Obstruction when the stopping or parking would obstruct traffic; (m) At any other place where a Traffic Control Device prohibits stopping or parking, during the times stopping or parking is so prohibited; (n) On the Roadway Side of a Vehicle parked or stopped at the curb edge of the roadway; (o) In an alley in such a manner, location or circumstance that it blocks an alley and impedes the use of the alley by another vehicle; (p) In an alley within one (1) meter of the side of any refuse container or storage area. 35.1 Winter Parking Ban (a) Notwithstanding any other provision of this by-law or the presence of signs or other parking control features that have been erected by the Village of Donalda prohibiting or permitting the parking of vehicles upon streets or portions of streets during the hours stated thereon, no person shall, between November 15 and March 31, inclusive, of each year, park a vehicle on Main Street from Alberta Avenue to Railway Avenue between the hours of 2:00 a.m. and 9:00 a.m. (b) Any vehicles remaining on the street when the parking ban is in effect may be towed at the owner's risk and expense. PARKING ON VILLAGE PROPERTY 36 No person shall operate or park any vehicle upon any land owned by the Village which the Village uses or permits to be used as a playground, boulevard, recreation area or public park, or any utility right of way, except on such part thereof as the Village Foreman may designate by a sign or signs for vehicular use or parking. 37 Section 36 shall not apply to police, fire, emergency or Village owned vehicles. 38 Unless permitted by the Village, no person shall do any of the following on a highway or boulevard: (a) display any goods for sale; (b) offer any goods for sale; (c) sell any goods; (d) park a vehicle that is being displayed for sale or that is displaying advertising directing persons to a commercial premises. EMERGENCY PARKING Village of Donalda Page 8 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ 39 Nothing in this bylaw prohibits police vehicles, bylaw enforcement vehicles, ambulances, fire trucks, or any other emergency vehicle as well as vehicles engaged in highway repair, maintenance, or inspection from being parked on the roadway by their operators in the performance of their duties. HEAVY VEHICLE OR OVERSIZED VEHICLE OR LOAD PARKING 40 No owner or operator shall park a Heavy Vehicle or Oversized Vehicle or Load, outside the period of unloading in a designated area, unless: (a) the vehicle is located in the designated Heavy Truck Parking lot on the Village of Donalda property located at Railway Avenue and Olsen Street. COMMERCIAL LOADING ZONE 41 No owner or operator shall stop or park in a Commercial Loading Zone unless: (a) the vehicle bears a commercial license plate or is identified as a commercial vehicle through signage; and (b) the owner or operator is actively engaged in loading or unloading of the merchandise or other materials; and (c) the commercial vehicle is not stopped or parked for a period of time exceeding thirty (30) minutes PUBLIC LOADING ZONE 42 No owner or operator shall stop or park a vehicle in any Public loading zone unless: (a) the owner or operator is actively engaged in loading or unloading a vehicle; and (b) the vehicle is not stopped or parked for a period of time exceeding ten (10) minutes ALLEYS 43 No person shall park a vehicle or recreational vehicle in an alley, unless a sign permits parking, but alleys may be used for; (a) the loading or unloading of goods from a commercial vehicle for a period not exceeding thirty (30) minutes; or (b) the loading or unloading of goods or passengers from vehicles other than a commercial vehicle for a period not exceeding five (5) minutes, provided that the vehicle concerned in such loading or unloading of passengers or goods does not obstruct the alley as to prevent other vehicles or persons from passing along such lane. LIMITED PARKING 44 (a) First Offence (i) No person shall park a vehicle in excess of the time designated and marked on a sign posted for the purpose of restricting the time for parking a vehicle. (ii) Except in the case of a breakdown or other emergency that does not allow the vehicle to be moved, the owner or the operator of any vehicle shall not stand or park it on the road for the purpose of servicing or repairing the vehicle. (iii) No owner or operator of any self-propelled type of vehicle which: (1) is not equipped in accordance with the Act; or, (2) is not in operable condition shall cause or permit such vehicle to be parked or left on any roadway. (iv) For the purpose of this section, a vehicle shall be deemed to be continuously parked in the same location unless it has been moved at least one municipal block away from that location. (b) Second Offence (i) After the issuance of an offence ticket concerning a vehicle for the first violation of Section 44 and the vehicle remains parked in excess of the time permitted on the sign for a further period, than a second offence shall be deemed to have occurred and a further offence ticket may be issued for such offence. (ii) Section 44 shall not apply on a holiday or such other day excepted by resolution of Council. VEHICLE ON JACK 45 No person shall leave a vehicle unattended on a highway while it is supported by a jack or similar device. ABANDONING OF VEHICLE Village of Donalda Page 9 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ 46 (a) No person shall park a vehicle, holiday trailer or recreation vehicle on a highway at the same location in excess of seventy-two (72) continuous hours. (b) Where public parking is permitted on public or private property, no person shall park a vehicle, holiday trailer, or recreation vehicle in excess of forty-eight (48) continuous hours without the express or implied consent of the owner or person in lawful possession or control of the property. (c) Except as provided for in the Village of Donalda Land Use Bylaw, no owner or occupant of a site shall permit a vehicle, holiday trailer or recreation vehicle parked on such site to be used for living or sleeping accommodation for a period exceeding seventy-two (72) hours. (d) In a residential district no person shall park a recreation vehicle or holiday trailer on a highway immediately adjacent to or directly in front of a residence without the consent of the owner or occupant of that residence. (e) For purpose of subsection 46(a) and (b), a vehicle shall be deemed to be continuously parked in a location unless it has been moved at least one municipal block from that location. 47 No person shall drive or park a vehicle on any highway so as to block, obstruct, impede or hinder traffic thereon. This prohibition does not apply where the obstruction is unavoidable due to mechanical failure of the vehicle provided that the person promptly takes measures to remove the vehicle from the highway within 48 hours. UNATTACHED HOLIDAY TRAILER 48 (a) No person shall park a holiday trailer upon a highway unless it is attached to a motor vehicle by which it is carried, drawn or propelled. (b) When attached to a motor vehicle, a holiday trailer is deemed to be part of the motor vehicle. PARKING OF RECREATION VEHICLES OR HOLIDAY TRAILERS 49 (a) An owner or operator of a recreation vehicle or holiday trailer shall not park the vehicle on any street or in the front yard of a site located in a residential area between the months of October and April. (b) Parking of a recreation vehicle or holiday trailer shall be permitted between 1 May and 30 September providing: (i) that the recreation vehicle, holiday trailer or the vehicle and towing vehicle combination are parked on the street directly in front of the residence of the owner or operator; (ii) that the recreation vehicle or holiday trailer is parked for a period of time not exceeding seventy-two (72) hours at which time the vehicle must be moved for a period of time not less than forty-eight (48) hours; (iii) that the recreation vehicle or holiday trailer, when parked in the front or side yard, is not closer than twelve (12) feet from the public sidewalk or roadway; iv) that the recreation vehicle or holiday trailer and towing vehicle, when parked on a street adjacent to a corner lot is not within twenty five (25) feet of the corner. (v) that the recreation vehicle or holiday trailer, when parked in the front or side yard of a corner lot is not within the area formed when the two points twenty (20) feet from the corner of the two adjoining roadways are connected by a straight line forming a triangle (corner visibility triangle). on either side of a street in which any property abutting the street in the same block is used as a park, playground, school site, church or other place of public worship or for residential purposes. (c) The restrictions contained in this Section are in addition to and not in place of the parking restrictions contained in the Land Use Bylaw of the Village. OCCUPYING RECREATION VEHICLE OR HOLIDAY TRAILER WHILE PARKED 50 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. DISABLED PARKING 51 (a) The CAO is hereby authorized to establish such parking zones as deemed necessary for the exclusive use of disabled persons who operate or travel by motor vehicles. (b) The owner, tenant, occupant or person in control of private property may designate any number of parking spaces for the exclusive use of disabled persons who operate or travel by motor vehicle by marking the same with a sign or signs in a form similar to that approved by the CAO. Village of Donalda Page 10 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ (c) The owner or operator of a motor vehicle which is not identified by a handicap placard or license plate that is issued or recognized by the Alberta Solicitor General for persons with disabilities shall not stop or park or permit the stopping or parking of the vehicle in a parking space designated pursuant to Subsections (a) or (b). (d) Where pursuant to Subsection (c), the vehicle is identified by a handicap placard the owner or operator shall have such placard visibly displayed while the vehicle is stopped or parked in a space designated for Disabled Parking. PARKING ON PRIVATE PROPERTY 52 (a) No person shall park a vehicle, or trailer on private land which has been clearly marked as such by a sign containing the words meaning "No Parking on Private Property. Unauthorized vehicles will be towed at owners expense", or words to the like effect, erected by the owner, tenant, or their agent unless such person has obtained the permission of the owner tenant, occupant or person in charge of the said private land. (b) No person shall park a vehicle or trailer on a parking lot on private land to which the public has access contrary to the terms, conditions, or prohibitions contained in a clearly marked sign erected at the entrance to or within the boundaries of such private land by the owner, tenant, occupant or person in charge of such private land. TEMPORARY CAMPING SITES ON PRIVATE PROPERTY 53 (a) A person who wishes to provide parking of a holiday trailer(s) and/or recreation vehicle(s) for a fee on private property not normally designated for this purpose within the Village shall pay the permit fee as set out in Schedule "E" of this bylaw and obtain a permit provided that the person: (i) provides written verification that the adjacent neighbours have been notified of the intent to allow temporary camping on their property and the intended number of units to be housed; and, (ii) provides written verification, including contact information, from the adjacent neighbours stating that they have no concerns regarding either the intent to allow temporary camping sites or the number of units to be housed. (b) A permit issued under this bylaw shall not be transferable from one person to another. (c) Upon payment of the required Permit fee as set out in Schedule "F" and upon providing the information and meeting the requirements set out in Section 53(a), herein, the Village may grant a Permit in the form set out in Schedule "F" to this bylaw. (d) A person who holds a Permit to allow temporary camping on private property pursuant to this Bylaw shall produce the Permit when asked to so do by a Peace Officer or any other person duly authorized. A twenty-four (24) hour grace period shall be granted in which to produce the Permit if it is not immediately available. (e) The Permit may be rescinded at any time by the Peace Officer or the CAO upon receipt of complaints regarding: (i) excess noise; (ii) accumulation of refuse; (iii) the inability of the adjacent neighbour to access their own property due to traffic congestion in the area. (f) Upon a permit being rescinded as per 53(e) herein or upon the a permit not being produced as per 53(d) herein, the Peace Officer or any other person duly authorized may order the immediate removal of all holiday trailer(s) and/or recreation vehicle(s) from the property at the property owner's expense. RESTRICTION OF VEHICLES OF CERTAIN SIZES 54 (a) No vehicle, or motor vehicle and trailer combination, over five thousand five hundred (5,500) kilograms maximum gross weight or exceeding eight (8.0) meters in overall length, and including but not limited to school buses, shall park on a highway within the Village limits other than in a parking area designated for the parking of such vehicle per Schedule B(2). Said vehicle or vehicle and trailer combination is also restricted from parking in a residential area, either on private or Village property. (b) No engine of any vehicle, or vehicle and trailer combination, exceeding five thousand five hundred (5,500) kilograms maximum gross weight shall be left running, on any highway, other than a Village designated area for use of said vehicle except when loading or unloading. (c) No person shall drive or move or cause to be driven or moved any type of vehicle which is in excess of the maximum weight specified in its registration certificate issued under the Traffic Safety Act unless a permit has been obtained from the Village, Peace Officer or the Government of Alberta on; (i) any street, or (ii) any bridge on which a street is located. Village of Donalda Page 11 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ (d) The Chief Administrative Officer, their designate or a Peace Officer may at their discretion and free of charge issue a permit for the purposes of subsection (c). (e) A person obtaining such a permit shall not use it otherwise than in accordance with the terms and conditions thereon. PART 7 - COMMERCIAL VEHICLE, HEAVY VEHICLE AND DANGEROUS GOODS ROUTE TRUCK ROUTES 55 (a) No person shall operate a commercial or heavy vehicle on a highway other than a highway specified in Schedule B(1), except when: (i) delivering or picking up goods from a location; (ii) mechanical circumstances dictate. (b) If deliveries are made off a truck route the operator must use the most direct route to the delivery or pickup location and back again. (c) The following shall not be deemed to be in contravention of Section 55: (i) Persons driving a vehicle that is owned by or actually in the service of the Village and that is actually engaged in work at locations not designated as a truck route; (ii) Persons driving a public passenger vehicle; (iii) Persons specified in the foregoing Subsection must carry and produce upon demand of a Peace Officer proof that the vehicle being driven is actually in the service of the Village. WEIGHT LIMITS 56 No vehicles shall be operated on Village streets in an overloaded condition and contrary to the axle loadings as cited in the Regulations under the Traffic Safety Act. REFUSING TO STOP FOR PEACE OFFICER 57 An operator of a public vehicle or combination of vehicles: (a) who fails or refuses to stop and permit the vehicle or combination of vehicles to be inspected by a Peace Officer; or (b) who fails or refuses, when directed by a Peace Officer, to permit the weighing of a vehicle or combination of vehicles or to stop the vehicle or combination of vehicles, in a suitable place designated by a Peace Officer pending removal of excess weight; is guilty of an offence. VEHICLE WITH METAL LUGS 58 Unless a permit to do so has been issued by the CAO, no person shall operate on a highway a vehicle or trailer having metal spikes, lugs, cleats, skids, or bands projecting from the surface of the steel, tire or track for such vehicle. This prohibition does not apply to the use of studded tires or tires with chains. PART 8 - OPERATION OF OFF-HIGHWAY VEHICLES WITHIN VILLAGE LIMITS OPERATIONAL RESTRICTIONS 59 (a) No person shall operate an off-highway vehicle within the Village contrary to this Bylaw: (i) is at least fourteen (14) years of age; (ii) holds a valid Class 5 license, or a Class 7 license (Learners Permit) (b) A person who is authorized to operate an off-highway vehicle pursuant to the Traffic Safety Act, or by Permit, pursuant to this bylaw shall: (i) Travel at a maximum speed of fifteen (15) kilometers per hour; (ii) Travel only on a highway and in single file; (iii) Travel in the same direction as the vehicles traveling on that side of the highway; (iv) Before crossing a highway, the operator of the off-highway vehicle shall stop the off-highway vehicle; (v) The operator of an off-highway vehicle shall yield the right-of-way to all other vehicles and persons on the highway; and (vi) The operator of an off-highway vehicle shall cross over the highway or portion thereof by the most direct route available; (vii) When it is necessary to cross a sidewalk to enter a highway, the operator of an off- highway vehicle shall stop the off-highway vehicle before crossing the sidewalk; (viii) A person may only operate an off-highway vehicle pursuant to this bylaw on any day from 7:00 am to 11:00 pm; Village of Donalda Page 12 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ (ix) No person shall operate an off-highway vehicle on Village owned property other than the routes specified in Schedule "C" or on any public property within the corporate limits of the Village of Donalda; (x) No person shall operate or be a passenger on an off-highway vehicle where the number of persons on the off-highway vehicle exceeds the number of persons that the off-highway vehicle is designed to carry; (xi) A person operating an off-highway vehicle must ensure that the off-highway vehicle is equipped with at least one white light on the front and at least one red light at the rear and those lights are alight when the off-highway vehicle is being operated during night-time hours or when insufficient light or atmospheric conditions make it necessary; (xii) The provision of this bylaw does not apply to the Peace Officers or agents or employees of the Village while operating an off-highway vehicle in the performance of their official duties; (xiii) During an emergency, disaster, or search and rescue operation within the Village, as determined by Council or its designate, the provisions governing off-highway vehicles in this bylaw may be waived, varied or suspended by Council or its designate; (xiv) An operator of an off road highway vehicle within the Village of Donalda limits shall use the roadway only to leave and return to the Village by the most direct and safest route possible to and from his or her residence. (xv) No person shall operate an off-highway vehicle within the Village at any time after that person ceases to meet the requirements of Section 59 of this bylaw. PENALTIES OFF-HIGHWAY VEHICLE CONTRAVENTIONS 60 The owner of an off-highway vehicle involved in a contravention of this bylaw is guilty of an offence unless the owner establishes that at the time of the offence the off-highway vehicle was not being driven or left parked by the owner or any other person with the owner's consent, either expressed or implied. PART 9 - MISCELLANEOUS RESTRICTIONS MISCELLANEOUS RESTRICTIONS 61 (a) No person, except for 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. (i) No person other than a full time or volunteer firefighter shall operate a lamp that produces intermittent flashes of green light. (ii) Nothing in this section shall be constructed so as to permit a full time or volunteer firefighter to operate a vehicle in contravention of the Traffic Safety Act, Provincial regulations, or any municipal bylaw. (b) No owner or operator shall: (i) drive, and no person shall walk, on or over a newly painted line on a roadway when the same is indicated by signs, flags or other warning devices; (ii) drive on or along a street, a motor truck or other vehicle with or without a trailer with either the box of the motor truck or the trailer filled with refuse, unless the refuse is completely covered and secured by a tarpaulin or other covering; (iii) drive a motor vehicle, with or without a trailer, and allow refuse or any other goods or materials to escape or be scattered upon a street or upon land or in the vicinity thereof; (iv) drive or haul on or over any highway within the Village, a vehicle or other type of equipment or thing(s) which damages or is likely to damage the highway; (v) pass beyond a check point designated by a Peace Officer or a member of the Fire Department near the location of a fire; (vi) tear down, remove or interfere with any signs, signals, barricades, flares or other things placed in accordance with the provisions and regulations of the Act. (b) No person shall engage Engine Retarder Brakes within the Village limits. (c) A person shall not operate a vehicle or off-highway vehicle in a manner which makes, or allows to be made or continues to make any objectionable noise: (i) If objectionable noise is caused by or emanates from a motor vehicle parked on a highway, that motor vehicle is illegally parked. (d) No person shall cast or throw stones, balls of snow or ice, or any object on any highway within the Village. (e) No person shall cast or throw any golf balls on any highway located within the Village. (f) No person shall place any goods or wares or merchandise or other articles of any kind upon any sidewalk or highway, or shall expose any goods, wares, or merchandise or other Village of Donalda Page 13 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ articles outside any shop, warehouse or building which shall project over any part of the sidewalk or highway, unless written permission is obtained from the Village. (g) No person shall lay or place an extension cord, for any reason, across a sidewalk, street or boulevard. (h) No person shall place or shall cause, suffer, permit, or allow placing or maintaining, at any location in the Village, a light, sign, or any object that emits or reflects light in such manner so as to distract, or interfere with the vision of persons operating vehicles on any highway in the Village. (i) No person operating premises for the sale of new or used vehicles or for washing vehicles shall permit or allow water, mud or any material washed from a vehicle to flow or be deposited upon a highway. (j) No person shall park a trailer of any type upon a highway unless it is attached to a motor vehicle by which it is carried, drawn or propelled. BOULEVARD DEVELOPMENT MAINTENANCE 62 (a) An owner of private property shall ensure that trees or shrubs 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.). (b) Except for trimming required under Section 62(a), no person shall remove, pollard, destroy, or injure any tree that is planted or growing on a boulevard planting strip or on any Village lands adjacent to any street without prior written permission from the CAO. Where such permission is granted, the person requesting such permission shall be responsible for all costs associated with the removal, as well as for the value of the tree as determined by the CAO. (c) The CAO shall not grant a request for the removal of such a tree unless, in the opinion of the CAO, there are exceptional circumstances which warrant such removal. If a request for removal for a tree is granted, the owner shall be responsible for the cost of such removal plus the value of the tree as determined by the CAO. RECOVERY OF COSTS 63 (a) The CAO may require any person concerned to comply with and remedy a breach of the provisions of Sections 62(a). If a person fails to comply with such notice, the CAO may direct employees or agents of the Village to carry out the work and to enter upon private property, if necessary, for such purpose. (b) All costs incurred by the Village to remedy such default shall be paid on demand to the Village by the person in default. OPERATION OF SCHOOL BUSES 64 No person shall activate the flashing red lights or stop arms of a school bus on any highway where such highway has been constructed with curbs and gutters. DANGEROUS GOODS 65 No person shall dump or spill, or suffer, allow, or permit the dumping or spilling of any dangerous goods for which placards are required by the Transportation of Dangerous Goods Control Act and regulations made thereon or any similar legislation on any Village lands or highway. OBSTRUCTIONS TO VISION 66 (a) A person shall not permit any hedge, tree or shrub, whenever planted, on property owned or occupied by him located within a triangle formed on a corner site by the two curb lines adjoin an intersection, including a lane intersection, and two points located seven and one- half (7.5) meters from the said corner where the curb lines meet, herein referred to the "corner visibility triangle", to grow or remain at a height greater than one (1) meter. (b) If a person is directed by the CAO or designate to reduce any hedge, tree or shrub, located in a corner visibility triangle to a height not in excess of one (1) meter, and fails to carry out such direction within seven (7) 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. (c) A person shall not build, place, erect or allow to continue in existence a fence, wall or structure, other than a building on private property, within a corner visibility triangle to a height greater than one (1) meter. Village of Donalda Page 14 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ (d) The maximum height provided in Subsection (a), (b), and (c) shall be measured from the top of the curb where there is a sidewalk or from the level of the crown of the roadway where there is no sidewalk. PART 10 - GENERAL PROVISIONS TRAFFIC CONTROL AUTHORITY OF THE CHIEF ADMINISTRATIVE OFFICER 67 (a) The Chief Administrative Officer is hereby authorized to designate: (i) any highway for through traffic purposes; (ii) the location of cross-walks upon highways; (iii) any intersection, highway, 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; (iv) any highway as one which is closed temporarily in whole or in part to traffic; (v) any areas as one in which parking privileges are temporarily suspended; (vi) the location of "school zones" and "playground zones"; (vii) any boulevard upon which parking is permitted; (viii) loading or unloading zones; (xi) the distance from any intersection within which no parking is permitted; (x) portions of highways where parking is limited to a period of time; (xi) portions of highway where stopping is prohibited entirely, or for a specified period of time; (xii) areas for angle parking and parallel parking; (xiii) parking spaces designated for disabled parking. (b) Council hereby delegates the power to direct where traffic control devices are to be installed or removed to the Public Works Foreman. (c) The Chief Administrative Officer may: (i) prohibit or restrict the movement of vehicles from a private driveway onto a highway or from a highway to private driveway when the CAO considers such prohibition or restriction is in the public interest and the better regulation of traffic; (ii) direct temporary closure of highways, parking lots, or any other Village property during a Special Event where, in the sole discretion of the CAO, such temporary closure is desirable for the public safety. 68 (a) Authority of Public Works Foreman - the Public Works Foreman is hereby authorized to make provisions and regulations in times of emergencies, during snow removal or street cleaning operations, and in areas where construction or repairs are being carried out upon or near streets, related to the control and regulation of traffic, and without restricting the generality of the foregoing may: (i) designate any highway as one which is closed temporarily in whole or part to traffic and shall cause such streets to be so marked; (ii) designate any area as one which parking privileges are temporarily suspended and shall cause such area to be so marked; (iii) cause moveable signs to be placed on or near a roadway designating parking restrictions; and (iv) temporarily suspend the existing speed limit and restrict the speed of vehicles to such speed as may be indicated in a sign placed in such areas. (b) No person shall park or drive a vehicle in contravention of any sign or signal placed in accordance with any such provision or regulation. (c) No person shall tear down, remove or interfere with any such signs, signals, barricades, flares or other things placed in accordance with such provisions and regulations. (d) Notwithstanding any other provisions of this bylaw, the Public Works Foreman may cause moveable signs to be placed on or near a roadway. (e) Notwithstanding anything herein contained, in snow removal or street cleaning operations carried on by the Village Public Works crew and their contractors, the Village may tow or remove vehicles from the street being cleaned or from which snow is being removed, and park the same on an adjacent street without impounding the same. POWERS OF A PEACE OFFICER 69 (a) Any Peace Officer is hereby authorized to remove or cause to be removed any vehicles or trailers: (i) Operated or parked in contravention of any provision of this bylaw, or (ii) Where emergency conditions may require such removal from a highway, such vehicles may be removed to a place designated by the Peace Officer where it will remain until cleared by the owner thereof or his agent. (b) No impounded vehicle shall be released to its owner or his agent until the impound charges and removal charges on the vehicle have been paid to the Authorized Agent; such Village of Donalda Page 15 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ charges shall be in addition to any fine or penalty imposed in respect or any such violation, or to any payment made in lieu of prosecution as herein provided. The Village of Donalda is not responsible for "Towing Charges". (c) Where a Peace Officer believes that a person has contravened any section of the bylaw or the Act set out in Schedule "A", which Schedule forms a part of this bylaw, he may serve upon such person(s) a "Violation tag" in a form or forms approved by the Village allowing the payment of a penalty to the Village which shall be accepted by the Village in lieu of prosecution for the offence. (i) A violation tag may be; (1) personally served; or (2) attached to any vehicle in respect of which any parking offence is alleged to have been committed; or (3) mailed to the address of the registered owner of the vehicle or the person in possession of said vehicle. (d) Where a Peace Officer has reasonable grounds to believe that a person has contravened any provision of this bylaw listed in Schedule "A" annexed hereto and made part of this bylaw, he may serve upon such person an offence ticket allowing the payment of the specified penalty to the Village which shall be accepted by the Village in lieu of prosecution for the offence. Upon payment in accordance with the terms specified in the violation tag, an official receipt for the payment shall be issued and, pursuant to the provisions of Subsection (f) through (h) such payment shall be accepted in lieu of prosecution. (e) Upon production of any such notice or tag, within seven (7) days from the date of service of such notice, together with the payment of sums specified in the Schedule "A" hereto, to the Clerk of the Village of Donalda, the penalties set out in the schedules shall be reduced by 25% and such reduced payment shall be accepted in lieu of prosecution. (f) Upon production of any such tag or notice between the eighth (8th) and fifteenth (15th) day from the date of service of such notice, together with the sums specified in such notice to the Clerk of the Village of Donalda an official receipt for said full payment shall be issued and subject to the provisions of this section, payment shall be accepted in lieu of prosecution. (g) If after the date of expiration for payment of a violation tag a person tenders payment therefore in accordance with Subsection (d), such payment shall be accepted in lieu of prosecution provided payment is tendered prior to the three (3) days preceding the appearance date specified in any violation ticket subsequently issued for the same offence. (h) If the person upon whom any such violation tag is served fails to pay the required sum within the time specified, the provisions of this Section for acceptance of payment in lieu of prosecution do not apply. (i) Nothing in this section shall: (i) prevent any person from exercising his right to defend any charge of committing a breach of any of the sections referred to in Schedule "A" of this bylaw. (ii) prevent any Peace Officer, in lieu of serving a violation tag, or any other person from laying an information or a complaint against any other person (whether such other person has made a payment under the provisions of the bylaw or not) for a breach of any of the sections listed in the said schedule. (j) A person other than the owner or operator of a vehicle shall not remove any violation tag or notice placed on or affixed to the vehicle by a Peace Officer in the course of his duties. (k) No person other than a Peace Officer or another person authorized by this Bylaw shall place a violation tag on any vehicle. (l) If the penalty specified on a violation tag is not paid within the prescribed time period then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to the Alberta Regulations, Traffic Safety Act. COSTS INCURRED BY THE VILLAGE 70 (a) If a person is in default in doing any matter or thing which this bylaw directs that he should do, the matter or thing may be done by the Village at the expense of the person in default and if the person in default does not pay such expense promptly upon being invoiced by the Village, the Village may recover the expenses thereof with costs by action in any Court of competent jurisdiction. (b) If by reason of any contravention of any provision of this bylaw or the Act, the Village is authorized or required to move a motor vehicle from a place where it is parked in contravention of the bylaw or the Act and to impound the same, the amount of expense so incurred shall be added to the amount of any fine or penalty which may be imposed by reason of the contravention or may be added to the amount of payment to be made in lieu of prosecution as provided in Section 70 and the person concerned shall be required to pay the amount of such expense in addition to any fine, penalty or payment in lieu of prosecution as the case may be. Village of Donalda Page 16 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ PENALTIES 71 Any person who contravenes any of the provisions of this bylaw for which no penalty has been specified, shall be liable on summary conviction to a fine not exceeding Five Hundred Dollars ($500.00) exclusive of costs, and in the case of non-payment of the penalty and costs imposed by the court, and subject to Section 158 of the Traffic Safety Act, to imprisonment for a period not exceeding sixty (60) days. SEVERABILITY PROVISION 72 Should any provision of this bylaw be invalid, then that provision shall be severed, and the remaining bylaw shall be maintained. TRANSITION SECTION 73 (a) All traffic control devices, which are in place on the effective date of this Bylaw shall be deemed to be valid traffic control devices for the purpose of this Bylaw. (b) All School Zones, Playground Zones, Loading Zones, School Bus Loading Zones in effect immediately prior to the coming into force of this bylaw shall continue in effect until removed. REPEAL 74 Bylaws 603 and 694 are hereby repealed. Bylaw 739-21 was given first reading and passed in open council duly assembled in the Village of Donalda, in the province of Alberta, this 16th day of February 2021. Bylaw 739-21 was given second reading and passed in open council duly assembled in the Village of Donalda, in the province of Alberta, this 16th day of February 2021. Unanimous consent for a third and final reading was given this 16th day of February 2021. Bylaw 739-21 was given third and final reading and passed in open council duly assembled in the Village of Donalda, in the province of Alberta, this 16th day of February 2021. Signature on File Mayor Signature on File Chief Administrative Officer Village of Donalda Page 17 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ SCHEDULE "A" INDEX TO OFFENCES AND SPECIFIED PENALTIES Section Title of Offence Penalty PART 2 - RIGHTS AND DUTIES OF PEDESTRIANS 7 Jaywalking in school or playground zone or adjacent to school 30.00 8 Soliciting rides on roadway 30.00 9 Board or alight from moving vehicle 30.00 11 Pick-up person soliciting a ride 30.00 Section Title of Offence Penalty PART 3 - PUBLIC GATHERINGS AND EVENTS 12 Unauthorized public meetings 35.00 15(a) Parade or special roadway event without permission 100.00 Section Title of Offence Penalty PART 4 - SIDEWALKS AND PEDESTRIAN PATHS 16(a) No person shall drive, lead or allow a hoofed animal to walk on a 35.00 sidewalk 16(b) No person shall ride a horse on a sidewalk 35.00 18 No person shall operate, or park any motor vehicle on a sidewalk 50.00 20 & 23 Interfere with pedestrian while operating a bicycle, inline skates, 35.00 scooter, or skateboard on sidewalk 19 & 21 No person shall ride a bicycle, inline skates, scooter, or skateboard 35.00 on sidewalk unless permitted by bylaw 25 Fail to remove snow, ice, dirt from sidewalk 35.00 27(a) Placing debris on Village-owned properties 250.00 27(e) Piling, pushing or plowing debris onto or across a Village roadway 150.00 Section Title of Offence Penalty PART 5 - VEHICLES OTHER THAN MOTOR VEHICLES 28 Toy vehicle, inline skate, coast, skateboard or ride a 35.00 tricycle on a roadway 29 Attach or hang-on to a moving vehicle 50.00 30 Allow livestock to be on a highway, sidewalk or crossing 35.00 31 Allow livestock on any Village property except roadways 35.00 Section Title of Offence Penalty PART 6 - PARKING 32 Parallel Parking 50.00 33 Angle Parking 50.00 34 Stop where prohibited 50.00 Village of Donalda Page 18 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ 35(a) Park in a construction area 50.00 35(b) Park in a school bus loading and unloading area 50.00 35(c) Park to obstruct a fire-emergency door 60.00 35(d) Park in a fire lane 60.00 35(e) Stopping or parking on a sidewalk or boulevard 50.00 35(f) Stopping or parking on a crosswalk 50.00 35(g) Stopping or parking within an intersection 50.00 35(h) Stopping or parking within five (5) meters of a stop or yield sign 50.00 35(i) Stopping or parking within five (5) meters of a fire hydrant 60.00 35(j) Stopping or parking within one and one-half (1.5) meters of a private 50.00 access to any garage, private road, driveway, or a vehicle crossway over a sidewalk 35(k) Stopping or parking within five (5) meters of near side of marked 50.00 Crosswalk 35(l) Park to obstruct traffic 100.00 35(m) Parking or stopping where prohibited by traffic control device 50.00 35(n) Parking or stopping on the roadway side of parked or stopped vehicle 50.00 35(o) Parking in alley 50.00 35(p) Parking in alley within one (1) meter of refuse or storage area 60.00 35.1(a) Park in a Winter Parking Ban Zone 150.00 36 Parking on Village owned playgrounds, recreation areas, boulevards 50.00 38(a) Display goods for sale on highway or boulevard 50.00 38(b) Offer goods for sale on highway or boulevard 50.00 38(c) Sell goods on highway or boulevard 50.00 38(d) Park a vehicle that is being displayed for sale or that is displaying 50.00 advertising directing persons to commercial premises 40(a) Park in an area other than designated heavy truck parking 50.00 41(a) Park in a commercial loading zone without a commercial license plate 50.00 or commercial signage 41(c) Park in a commercial loading zone for more than thirty (30) minutes 50.00 42(b) Park in a public loading zone for more than ten (10) minutes 50.00 43(a) Commercial vehicle in an alley for loading and unloading 50.00 longer than thirty (30) minutes 43(b) Loading or unloading of goods or passengers from a non-commercial 50.00 vehicle longer than five (5) minutes 44(a)(i) Parking longer than designated time 30.00 44(a)(ii) Repair or service vehicle on roadway 50.00 44(a)(iii) Vehicle parked on roadway incapable of moving 50.00 44(b) Parking longer than designated time (second offense) 35.00 45 Unattended vehicle on jack 50.00 46(a) Abandoned vehicle on highway 50.00 46(b) Abandoned vehicle on public or private property 50.00 46(c) Permitting a vehicle, holiday trailer or recreation vehicle to used 250.00 for sleeping accommodation 47 Park obstructing, impeding or hindering traffic 50.00 48(a) Parking unattached holiday trailer on highway 50.00 49(a) Recreation vehicle parked in front during restricted months 50.00 49(b)(i) Recreational vehicle parked on street not adjacent to owner, 50.00 operator's residence 49(b)(ii) Overtime parking of a recreational vehicle 50.00 Village of Donalda Page 19 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ 49(b)(iii) Recreational vehicle parked in yard within twelve (12) feet of sidewalk 50.00 49(b)(iv) Recreational vehicle parked within twenty-five (25) feet of corner 50.00 49(b)(v) Recreational vehicle parked within corner visibility triangle 50.00 50 Person using recreation vehicle parked on roadway as a dwelling 250.00 or sleeping place 51(c) Unauthorized vehicle parked in a designated disabled parking space 150.00 51(d) Fail to display Handicap placard 50.00 52(a) & 52(b) Unauthorized Parking on Private Property 50.00 53(a) Failure to obtain Permit to allow paid camping on private property 100.00 53(f) Failure to Remove Temporary Camping Units from Private Property 100.00 54(a) Park oversize or heavy vehicle where prohibited 100.00 54(b) Motor left running on vehicle exceeding 5500 kg 50.00 54(c) Failure to obtain overweight permit 100.00 Section Title of Offence Penalty PART 7 - COMMERCIAL AND HEAVY VEHICLES 55(a) Heavy vehicle and dangerous goods vehicle operation off truck routes 100.00 56 Overweight load permit 100.00 57(a) & 57(b) Refusing to obey for a Peace Officer 100.00 58 Vehicle with metal lugs without permit 100.00 Section Title of Offence Penalty PART 8 - OFF HIGHWAY VEHICLE OPERATION 59(a) Operate off-highway vehicle in contravention of bylaw 50.00 59(b)(i) Off-highway vehicle speed exceeding 15 km/h 50.00 59(b)(ii) Failure to travel in single file 50.00 59(b)(iii) Failure to travel in same direction of vehicle traffic 50.00 59(b)(iv) Failure to stop prior to crossing highway 100.00 59(b)(v) Failure to yield right-of-way to all vehicles and pedestrian traffic 50.00 59(b)(vi) Failure to travel most direct route 50.00 59(b)(vii) Failure to stop prior to crossing sidewalk 100.00 59(b)(viii) Operate off hours 150.00 59(b)(ix) Operate off route 100.00 59(b)(x) Exceed number of designated passengers 50.00 59(b)(xi) Off-highway vehicle not equipped with lights 50.00 59(b)(xiv) Operating in village without regard for most direct route to residence 100.00 Section Title of Offence Penalty PART 9 - MISCELLANEOUS RESTRICTIONS 61(b)(i) Drive or walk over newly painted line 35.00 61(b)(ii) Failure to cover load 100.00 61(b)(iii) Allow refuse to escape upon a street or land 150.00 61(b)(iv) Damaging a roadway 100.00 61(b)(v) Unauthorized access beyond checkpoint for fire or emergency 150.00 61(b)(vi) Tamper with signs, signals, barricades 250.00 61(c) Engage engine retarder brakes 100.00 Village of Donalda Page 20 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ 61(d) Cause objectionable noise 100.00 61(d)(i) Cause objectionable noise while parked 100.00 61(e) Throw stones, snowballs or ice upon a roadway 50.00 61(f) Cast, throw golf balls on Village property or Highway 50.00 61(g) Place merchandise or goods on sidewalk or highway without permission 35.00 61(h) Place extension cord across sidewalk 35.00 61(i) Distraction by light or object 100.00 61(j) Washing vehicles - drainage to highway 100.00 62(a) Failure to trim overhanging trees or shrubs 35.00 62(b) Unauthorized damage to boulevard trees 35.00 64 Operate school bus flashing red lights or stop arms 35.00 Section Title of Offence Penalty 65 Dumping dangerous goods on highways 500.00 66(a) Permit hedge tree or shrub to block visibility 35.00 66(c) Permit fence, wall or other object to obstruct visibility of traffic 35.00 69(j) Tamper with violation tag affixed to vehicle 250.00 A penalty of $50.00 may be charged for any infraction not specifically set out above. Village of Donalda Page 21 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ SCHEDULE "B1" Village of Donalda Commercial/Heavy Vehicle and Dangerous Goods Routes Commercial/Heavy Vehicle Route Village of Donalda Page 22 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ SCHEDULE "B2" Village of Donalda Commercial/Heavy Vehicle and Dangerous Goods Parking Village of Donalda Page 23 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ SCHEDULE "C" Village of Donalda Off-Highway Vehicle Route of Travel Within the Village Off-Highway Vehicle Route NOTE: The off-highway vehicle may only be operated within the corporate limits of the Village of Donalda on the above route. Routes include the roadway only and not sidewalks, boulevards, ditches and/or medians. The applicant agrees to hold the Village of Donalda harmless in event of an accident or incident involving the vehicle. The owner of the vehicle shall ensure that no unlicensed individuals operate the vehicle. Village of Donalda Page 24 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ SCHEDULE "D" Village of Donalda Restricted Use Sidewalks Skateboards, Inline Skates, and Scooters Village of Donalda Page 25 of 25 Bylaw 739-21 - Traffic Bylaw Approved: __________ __________ SCHEDULE "E" Village of Donalda Temporary Camping Site Permit PERMIT# _________ ISSUE DATE:___________ EXPIRY DATE: ___________ APPLICANT'S NAME _________________________________________________________ MUNICIPAL ADDRESS _______________________________________________________ MAILING ADDRESS __________________________________________________________ DAYTIME TELEPHONE NUMBER ______________________________________________ MAXIMUM NUMBER OF UNITS _______________________________________________ ADJACENT OWNER NOTIFICATION YES / NO Please note that written consent containing contact information from adjacent owners/occupants is required prior to issuing of this permit. This Permit may be rescinded at any time by the Peace Officer or the Chief Administrative Officer upon receipt of complaints regarding: (i) excess noise; (ii) accumulation of refuse; (iii) the inability of the adjacent neighbour to access their own property due to traffic congestion in the area. Temporary Camping Site Permit Fees The fee for a permit under this bylaw is $50.00.