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BYLAW No. 965/TR/2010
A BYLAW OF THE TOWN OF FAIRVIEW, IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF REGULATION AND CONTROL OF TRAFFIC AND PARKING WITHIN
THE CORPORATE LIMITS OF THE TOWN OF FAIRVIEW
WHEREAS
Pursuant to the Traffic Safety Act, c. T-6, R.S.A. 2000, and subsequent
amendments thereto (the "Traffic Safety Act"), a Council may make
bylaws pertaining to the regulation and control of Vehicle traffic and the
use of Highways under the direction, control and management of the
municipality;
WHEREAS
The Council of the Town of Fairview deems it proper to pass a bylaw to
govern the use of Highways and regulate traffic within the Town of
Fairview; and
NOW THEREFORE: The Council of the Town of Fairview in the Province of Alberta, pursuant
to authority conferred upon it by the Municipal Government Act, c. M-26,
R.S.A. 2000, enacts as follows:
Table of Contents:
Part I - Rules for Operating Vehicles
Part II - Parking
Part III - Snow and Ice Clearing
Part IV - Bicycles and Animals
Part V - Special Highway Events
Part VI - General Provisions
Part VII - Truck Routes/Dangerous Goods
Part VIII - Offences and Penalties
1. This Bylaw may be cited as the Traffic Bylaw
2. In this Bylaw:
2.1
Unless otherwise specifically defined or inconsistent with the context of
the term, all definitions in the Traffic Safety Act shall apply to this bylaw.
2.2
"Curb" means the actual curb if there is one, and if there is no curb in
existence shall mean the division of a Highway between the roadway and
the sidewalk or boulevard;
2.3
"Commercial Vehicle" means a Commercial Vehicle as defined in the
Traffic Safety Act;
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2.4
"Commercial Waste Container" means a receptacle intended for the
disposal of refuse, construction debris, recyclable materials, or other waste
materials, commonly referred to as a dumpster or garbage bin;
2.5
"Dangerous Goods" means goods for which placards are required by the
Dangerous Goods Transportation and Handling Act, R.S.A. 2000, Chapter
D-4, and subsequent amendments;
2.6
"Dangerous Goods Route" means those Highways located within the
Town and identified as acceptable for Dangerous Goods transport, as
identified in Schedule 'C';
2.7
"Designated Heavy Vehicle Lot" means the parking area designated by
Council for purposes of parking Heavy Vehicles, specifically, that parcel
of land legally described as Lot 04 Block 01 Plan 032 4664, located
adjacent to the intersection of 113th Street and 100th Avenue, in Fairview,
Alberta;
2.8
"Disabled Parking Stall" means a parking stall, whether on public or
private property, that is designated and posted as a reserved stall for
persons with a disability or handicap;
2.9
"Heavy Vehicle" means a Vehicle with or without a load, which meets or
exceeds the following provisions:
2.5.1 is eight (8) meters in length, or
2.5.2 has a Gross Vehicle Weight (GVW) of 4,500 kilograms;
but does not include a Recreational Vehicle.
2.10
"Highway" means a Highway as defined in the Traffic Safety Act;
2.11
"Obstruction" means an encroachment, excavation, structure or other
obstacle which interferes with, or prevents the vision, passage,
maintenance or use of any public property by Vehicles or pedestrians;
2.12
"Occupant" means a Person who is in physical possession of a property, or
a Person who has responsibility for, and control over, the condition of a
property, the activities conducted on that property, and the Persons
allowed to enter that property;
2.13
"Off-Highway Vehicle" means an Off-Highway Vehicle as defined in the
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Traffic Safety Act;
2.14
"Owner" means in the case of land, any Person registered as the Owner of
that land on a Certificate of Title issued pursuant to the Land Titles Act
R.S.A. 2000, c. L-4, and subsequent amendments, or in the case of a
Vehicle or Trailer, the Registered Owner of that Vehicle or Trailer.
2.15
"Parkland" means any land used as a playground, park and recreation area,
sport field, trail, public utility lot, natural area, environmental reserve,
municipal reserve or school ground within the Municipal Boundaries of
the Town of Fairview;
2.16
"Peace Officer" means a member of the Royal Canadian Mounted Police,
a Community Peace Officer or a Bylaw Enforcement Officer;
2.17
"Public Works Manager" means the Public Works Manager of the Town
or his or her designate;
2.18
"Recreational Vehicle" means a Vehicle that is designed, constructed and
equipped as a temporary dwelling place, living abode or sleeping place;
2.19
"Road Ban" means a weight limit for Commercial Vehicles implemented
with respect to Highway under the direction, management and control of
the Town, enacted pursuant to the Town's authority under Section 152 of
the Traffic Safety Act.
2.20
"Roadway" means that part of a Highway intended for use by vehicular
traffic;
2.21
"Town" means the Town of Fairview;
2.22
"Track" means to allow, cause or permit any substance or material of any
nature to become loose, detached, blown, dropped, or spilled from any
Vehicle, appurtenances, or tires onto any Highway;
2.23
"Traffic" means pedestrians, animals, or Vehicles using a Highway or
Sidewalk for the purpose of travel;
2.24
"Traffic Control Device" means any sign, signal, marking or device
placed, marked or erected under the authority of this bylaw or the Traffic
Safety Act for the purpose of regulating, warning or guiding Traffic;
2.25
"Travel Trailer" means a Trailer intended to provide accommodation for
vacation use and licensed and equipped to travel on a Highway;
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2.26
"Truck Route" means those Highways located within the Town and
identified as a Truck Route in Schedule "B" to this bylaw;
2.27
"Violation Tag" means a municipal tag issued pursuant to the authority of
Section 7 of the Municipal Government Act;
2.28
"Violation Ticket" means a violation ticket issued under Part II or III of
the Provincial Offences Procedure Act, R.S.A. 2000, c.P-34
PART I - RULES FOR OPERATION OF VEHICLES
3. Damaging a Highway
3.1
No Person shall operate a Vehicle having metal spikes, lugs, tracks, cleats,
skids, or bands projecting from the surface of the wheel or tire of the
Vehicle, upon a Highway, unless a permit to do so has been issued by the
Public Works Manager.
3.2
No Person shall Track material onto a Highway within the municipal
boundary.
4. Use of Tarpaulins and Securing Loads
4.1
No Person shall operate a Vehicle on a Highway, with or without a load,
without removing any loose material from the top and outside of the
Vehicle body, Vehicle box, hitch and/or Trailer box.
4.2
All loads of earth, sand, gravel, snow or other loose material shall be at
least seven point five (7.5) centimetres (cm) below the top of the Vehicle
box, sideboards, or Trailer box, or covered entirely by a tarpaulin or other
covering device.
4.3
No Person shall drive a Vehicle with a load, or pull onto a Highway with a
load, unless the load has been properly secured to prevent spilling or
shifting.
4.4
In the event that any part of a Vehicle's load becomes loose or detached or
blows, drops, spills or falls from any Vehicle onto a Highway, the operator
shall take all reasonable, and safe precautions to safeguard traffic and to
remove any materials from the Highway, as soon as possible.
5. Parkland
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5.1
No Person shall operate a Vehicle of any kind, including Off-Highway
Vehicles, on any Parkland unless explicitly authorized by a Traffic
Control Device.
7. Road Bans and Temporary Closures
7.1
The Public Works Manager may impose Road Bans or temporary
closures, on any Highway under the Town's direction, control and
management.
7.2
No Person shall operate a Commercial Vehicle on a Highway where a
Road Ban has been imposed where the weight of that Commercial Vehicle
is in excess of the limit prescribed by the Road Ban.
7.3
No Person shall operate a Vehicle on a Highway that has been designated
as temporarily closed.
8. Speed
8.1
Unless otherwise posted, Vehicles may not exceed a driving speed of
50km/hr on all Roadways within town limits.
8.2
Unless otherwise posted, the speed limit for all Alleys is 20km/hr.
PART II - PARKING
9. Parking-General
9.1
No Person shall make a left turn across the centre-line of a Highway for
the purpose of parking on the opposing side of the Highway.
9.2
When commencing to move a parked Vehicle, the driver of such Vehicle
shall not drive over the centre-line of any Highway between intersections.
9.3
No Person shall park any Vehicle on any Highway or other public
property at the same location for a period of time exceeding seventy-two
(72) consecutive hours.
9.4
Notwithstanding Section 9.4, no Person shall park a Vehicle on a Highway
for a time period in excess of a limit posted on a Traffic Control Device.
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10. Parking in an Alley
10.1
A Person shall not park a Vehicle in an Alley unless a Traffic Control
Device permits such parking.
10.2
Notwithstanding Section 10.1, and provided that the Vehicle does not
obstruct the Alley so as to prevent the safe passage of other Vehicles and
pedestrians, an Alley may be used for unloading and loading.
11. Parking for Persons with Disabilities
11.1
No Person shall stop or park in a Disabled Parking Stall unless:
11.1.1 their Vehicle displays a valid handicapped or disabled placard or
specialized license plate issued by the Government of Alberta or
other provincial or state government for purposes of indentifying
the operator of the Vehicle as a handicapped or disabled Person;
and
11.2.2 the Vehicle is operated by, or is being used to transport, a Person
with a handicap or disability.
12. Maintenance/Construction No Parking
12.1
Notwithstanding any other provision in this Bylaw, the Public Works
Manager may cause No Parking signs to be placed on or near a Highway
for maintenance or construction purposes, including snow clearing or
street sweeping projects.
13. Trailers and Recreational Vehicles
13.1
No Person shall park a Recreational Vehicle, Travel Trailer, Vehicle and
Trailer combination, or Recreational Vehicle and Trailer combination on a
Highway unless it is:
13.1.1 parked in such a manner as not to cause or create an obstruction or
prevent the safe passage of Vehicles or pedestrians; and
13.1.2 parked on the Highway for a period no longer than forty-eight (48)
hours.
13.2
No Person shall place, or permit to be placed, a detached Trailer on a
Highway.
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13.3
Notwithstanding Sections 13.1 or 13.2, where parking a Trailer on a
Highway is unavoidable due to mechanical failure, a Person shall not be in
breach of those provisions provided that measures are taken to remove the
Trailer from the Highway as soon as safely possible.
14. Prohibited Parking
14.1
A Person shall not stop or park a Vehicle at any of the following locations:
14.1.1 on Curbs or boulevards, nor on school or municipal properties,
except for the purpose of utility servicing, loading or unloading, or
the delivery of goods, wares or merchandise and then only with the
prior permission of the Town;
14.1.2 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 Highway;
14.1.3 on a sidewalk;
14.1.4 so as to obstruct or encroach on a sidewalk;
14.1.5 within five (5) metres of a stop sign or yield sign;
14.1.6 within five (5) metres of a marked crosswalk;
14.1.7 within one and a half (1.5) metres of a Vehicle access to a garage,
private road, driveway or electrical transformer;
14.1.8 at any place where a Traffic Control Device prohibits stopping or
parking;
14.1.9 on any Parkland except where expressly authorized by a Traffic
Control Device;
14.1.10 within four point five (4.5) metres of an intersection;
14.1.11 on a Highway as to face oncoming Traffic;
14.1.12 within five (5) meters of a fire hydrant;
14.1.13 in contravention of a Traffic Control Device.
14.2
No Person shall park or leave an inoperative Vehicle, or leave a Vehicle
raised on blocks or a jack, upon a Highway.
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15. Commercial Loading Zones
15.1
No operator or Owner shall park or stop or permit the parking or stopping
of a Vehicle in a Commercial Loading Zone unless:
15.1.1 The Vehicle bears a license plate identifying it as a Commercial
Vehicle; and
15.1.2 The Commercial Vehicle is actively engaged in the loading or
unloading of merchandise or other materials for a period of time
not exceeding twenty (20) minutes.
15.2
For the purpose of loading or unloading goods, wares or merchandise in
the commercial zone, front street or avenue loading shall be prohibited
where such loading and unloading facilities are provided at the rear.
16. Specified Exemptions
16.1
Notwithstanding anything elsewhere contained within this Bylaw, the
provisions relating to parking or stopping of Vehicles do not apply to:
16.1.1 emergency Vehicles;
16.1.2 service Vehicles used in conjunction with the servicing of public
utilities;
16.1.3 municipal and other government public works Vehicles;
16.1.4 funeral cars;
16.1.5 towing services Vehicles.
17. Private Property
17.1
No Person shall park or otherwise leave a Vehicle on private property
unless they have obtained permission from the Owner of that property.
17.2
The Owner or Occupant of lands or a business may post signage indicating
that a particular parking lot or parking stall under their jurisdiction is
reserved for customers of their business, specific individuals or
employees, or is limited to parking for a maximum duration of time.
17.3
No Person shall park a Vehicle in contravention of signage posted under
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the authority of Section 17.2.
17.4
Where an Owner or Occupant of lands or a business determines that a
Vehicle is in contravention of signage posted pursuant to Section 17.2
above, the Owner or Occupant is authorized to file a complaint with the
Town.
17.5
A complaint made pursuant to Section 17.4 shall include the license plate
numbers of the contravening Vehicle, identifying details of the Vehicle,
and all relevant particulars of the circumstances, and may include
photographs of the posted signage and the contravening Vehicle.
17.6
On receiving a complaint of a contravention of Section 17.1 or 17.2, the
Town may refer the complaint to a Peace Officer, who is authorized to
issue a Violation Tag or Violation Ticket to the operator or Registered
Owner of the Vehicle in contravention of the signage and/or have the
contravening Vehicle towed from the private property.
PART III - SNOW AND ICE CLEARING
18. Snow Loading
18.1
No Person shall park a Vehicle on any Highway so as to obstruct snow
ploughing, snow loading operations, or as to otherwise interfere with
Traffic flow.
19. Snow Placed on Road
19.1
No Person shall place, or permit to be placed, any snow, ice or other
debris or material removed from private property onto a roadway, onto
other public property or onto private property that is not his or her own.
19.2
A Person who contravenes Section 19.1 or 20.2 shall remove the
offending snow, ice or other debris or material within twenty-four (24)
hours of being given notice by the Bylaw Enforcement Officer to remove
the snow, ice or other debris or material.
19.3
The Public Works Manager, after the expiry of the twenty-four (24) hours,
or if deemed necessary at any time, may cause to remove and clear away
any contravening snow, ice or other deposited material.
19.4
If removal of snow, ice, or other debris or materials occurs pursuant to
Section 19.3 or 20.2 of this Bylaw, all costs of such removal, including
reasonable administration fees, are a debt owing to the Town jointly and
severally by the Person responsible for its placement and the Owner of the
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lands from which the snow, ice, or other debris or material originated.
19.5
No employee or agent of the Town shall be liable for contravention of
Section 19 when acting in the performance of his duties.
20. Snow on Roofs and Eaves
20.1
No Owner or Occupant of lands or a building shall permit the
accumulation of snow or ice from roofs, eaves or downspouts so as to
create a potential danger to Vehicles or pedestrians on a Highway.
20.2
Where such accumulation is deemed dangerous by the Public Works
Manager, notice may be given pursuant to Section 19.2, or the Town may
otherwise take whatever action is necessary to rectify the danger.
PART IV - BICYCLES, SKATEBOARDS AND HORSES
21.1
No Person shall ride a bicycle on any sidewalk, unless such bicycle is a
children's bicycle or tricycle having a wheel diameter of 50cm or less.
21.2
No Person shall roller skate, roller blade or ride a skateboard in an unsafe
manner on any sidewalk within the Town.
21.3
No Person shall ride a bicycle between sunset and sunrise unless the
bicycle is equipped with front and rear reflectors, a bell and a light.
21.4
No pedestrian shall cross, or attempt to cross, any Highway unless at a
marked crosswalk or at an intersection.
21.5
The driver or other Person in charge of any horse-drawn implement on a
Highway shall remain upon such implement while it is in motion or shall
walk beside the horse drawing such implement and ensure that the horse-
drawn implement is compliant all Traffic rules.
21.6
The driver or other Person in charge of any horse shall cause any
defecation to be removed immediately.
PART V - SPECIAL HIGHWAY EVENTS
22. Parade/Procession Events
22.1
Any Person that intends to hold a parade or procession (other than a
funeral procession) within the Town shall make an application in writing
to the Chief Administrative Officer for permission at least fourteen (14)
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days prior to the planned event date. In such application, applicants must
make known the following:
22.1.1 The name and address of the applicant, and if such applicant is an
organization, the names, addresses of the individuals organizing
the event;
22.1.2 The nature or objective of such parade or procession;
22.1.3 The day, date and hours during which the parade or procession will
be held;
22.1.4 The intended route of the parade or procession;
22.2
The Chief Administrative Officer may issue a Parade or Procession
Permit, with our without conditions, or refuse the Permit for any reasons
that are determined to be appropriate concerns.
22.3 In the case of a refusal, an applicant for a Parade or Procession Permit
may appeal to Council.
22.4
The Town's Public Works Manager may close all or portions of a
Highway along the route for the anticipated time of the parade or special
Highway event and for such additional time as necessary to again clear the
Highway for normal traffic.
PART VI - GENERAL PROVISIONS
23. Designated Authority
23.1
The Chief Administrative Officer is authorized to prescribe locations for
Traffic Control Devices and to direct a record of all such locations to be
maintained and kept open for public inspection during normal business
hours;
24. Off-Highway Vehicles
24.1
No Person shall operate an Off-Highway Vehicle on a Highway or in any
place, whether publicly or privately owned, to which the public ordinarily
has access.
24.2 Notwithstanding Section 24.1, a Person is authorized to operate an Off-
Highway Vehicle for the purpose of clearing snow from sidewalks or private
property, but shall only do so:
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24.2.1 during daylight hours, and
24.2.2 in compliance with all other provisions and requirements imposed
by this Bylaw and the Traffic Safety Act.
25. Sidewalks
25.1
A Person shall not construct, or cause to be constructed, erect, or place any
installation or device, which shall open over, obstruct, or in any way
encroach upon a Sidewalk or Highway without permission from the Public
Works Manager.
25.2
An Owner or Occupant of lands shall not allow trees, grass, hedges or
bushes to encroach upon a Sidewalk from their lands.
26. Washing Vehicles/Obstructions and Debris on Highway
26.1
No Person shall wash a Vehicle upon a Highway or so near a Highway as
to result in depositing mud or creating slush or ice upon a sidewalk or
Highway.
26.2
No Person shall deposit grass clippings, dirt, gravel or mud onto a
Roadway or sidewalk.
26.3
No Person shall allow or create an Obstruction to any Highway under the
direction, management and control of the Town.
26.4
No Owner or Occupant of lands shall allow vegetation growing on their
property to impede visibility and the safe passage of Vehicles or
pedestrians.
26.5
No Owner or Occupant of lands shall allow smoke, debris, a structure, an
encroachment, or any other material to create a Traffic Obstruction.
27. Commercial Waste Container
27.1
No Person shall place a Commercial Waste Container on a Highway under
the direction, management and control of the Town, or on public property,
without first applying for and obtaining a permit from the Chief
Administrative Officer.
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28. Posters
28.1
No Person shall post bills or affix posters to any street light pole, street
furniture, municipal infrastructure or Traffic Control Device unless
permission is first obtained from the Town's Public Works Manager.
28.2
The Public Works Manager may, without notice, remove any bills posted
or posters affixed without permission to a street light pole, street furniture,
municipal infrastructure, or a Traffic Control Device if the bill or poster
could cause damage to the street light pole, street furniture, or municipal
infrastructure, cause damage to or interfere with the operation or efficacy
of the Traffic Control Device, or if otherwise deemed necessary by the
Public Works Manager.
29. Manholes
29.1
No Person shall tamper with or remove a manhole cover or valve cover
from its place without written permission from the Public Works Manager.
PART VII - TRUCK ROUTES/DANGEROUS GOODS
30. Truck Routes
30.1
No Person shall park or operate a Heavy Vehicle on a Highway within the
Town unless:
30.1.1 the Heavy Vehicle is operated on the Truck Route, as specified in
Schedule "B";
30.1.2 the Heavy Vehicle is being used to deliver goods or merchandise
to a bona fide customer located off the Truck Route, or is actively
loading or unloading such goods or merchandise, and is operated
on the most direct practicable route to and from the Truck Route;
30.1.3 the Heavy Vehicle is used as an emergency response Vehicle, for
utility repair or maintenance, or as a licensed school or passenger
bus;
30.1.4 the Heavy Vehicle is being used as part of an active construction
project, and is operated on the shortest practicable route to and
from the Truck Route
30.1.4 the Heavy Vehicle is parked in the Town's Designated Heavy
Vehicle Lot;
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30.1.5 the operator of the Heavy Vehicle has obtained written permission
from the Public Works Manager for the operation of a Heavy
Vehicle off the Truck Route;
30.2
No Person operating a Heavy Vehicle shall use Engine Brakes within the
Town boundaries;
31. Dangerous Goods Routes
31.1
No Person shall transport Dangerous Goods on any Highway in the Town
other than a designated Dangerous Goods Route as specified in Schedule
"C"
31.2
The Chief Administrative Officer has authority to designate and establish
locations for Dangerous Goods signs to indicate a Dangerous Goods
Route.
31.3
Notwithstanding Section 31.1, a Person transporting Dangerous Goods
may leave the Dangerous Goods Route to deliver the Dangerous Goods,
but shall use the most direct practicable route to and from the Dangerous
Goods Route.
PART VIII - OFFENCES AND PENALTIES
32. Authority to Enforce
32.1
All Peace Officers are hereby authorized to enforce this bylaw.
32.2
All Peace Officers are hereby authorized to remove or cause to be
removed any equipment, Vehicles, Trailers, Commercial Vehicles, Travel
Trailers, Recreational Vehicles, or Off-Highway Vehicles operated,
parked, or placed in contravention of any provision of this bylaw, or where
emergency conditions may require the removal from any public property.
32.3
Any equipment, Vehicles, Trailers, Commercial Vehicles, Travel Trailers,
Recreational Vehicles, or Off-Highway Vehicles Vehicle may be
removed, at the Owner's expense, to a place designated by a Peace
Officer.
32.4
Any fees for the removal or impoundment of equipment, Vehicles,
Trailers, Commercial Vehicles, Travel Trailers, Recreational Vehicles, or
Off-Highway Vehicles are a debt owing to the Town by the Owner of that
item
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33. Chalking
33.1
In order to determine the time in which a Vehicle has been parked in a
location where parking is restricted to a specific time, a Peace Officer is
authorized to place a chalk mark on the tread face of the tire.
34. Registered Owner Responsibility
34.1
If a Vehicle or Trailer, including a Commercial Vehicle, Travel Trailer,
Recreational Vehicle, or Off-Highway Vehicle, is involved in a
contravention of this Bylaw, its Registered Owner shall be responsible for
the contravention and is guilty of the corresponding offence, unless:
34.1.1 the Registered Owner was not the Person who parked, placed, or
operated the Vehicle or Trailer; and
34.1.2 the Registered Owner did not, by express or implied consent,
authorize the use or placement of the Vehicle or Trailer.
35. Violation Tags
35.1
A Peace Officer is hereby authorized and empowered to issue a Violation
Tag to any Person whom the Peace Officer has reasonable grounds to
believe has contravened any provision of this Bylaw.
35.2
A Violation Tag may be issued to such Person:
35.2.1 Personally;
35.2.2 by registered mail sent to the postal address of the Person, as
shown on the Tax Assessment Toll or on the Certificate of Title for
the property; or
35.2.3 by leaving it with a Person apparently over eighteen (18) years of
age at the place of residency of the Person to whom the Violation
Tag is addressed.
35.3
The Violation Tag shall be in a form approved by the Chief
Administrative Officer and shall state:
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35.3.1 the name of the Person to whom the Violation Tag is issued;
35.3.2 a description of the offence and the applicable Bylaw Section;
35.3.3 the appropriate penalty for the offence as specified in Schedule
"A" of this Bylaw;
35.3.4 that the penalty shall be paid within thirty (30) days of the issuance
of the Violation Tag in order to avoid prosecution; and
35.3.5 any other information as may be required by the Chief
Administrative Officer.
35.4
Where a Violation Tag has been issued pursuant to this Bylaw, the Person
to whom a Violation Tag has been issued may, in lieu of being prosecuted
for the offence, pay to the Town Office the penalty specified on the
Violation Tag.
36. Violation Tickets
36.1
In the event that a Violation Tag has been issued and the penalty specified
on the Violation Tag has not been paid within the prescribed time, a Peace
Officer may issue a Violation Ticket, pursuant to Part II or III of the
Provincial Offences Procedure Act, to the Person whom the Violation Tag
was issued.
36.2
Notwithstanding Section 36.1, a Peace Officer may immediately issue a
Violation Ticket to any Person whom the Peace Officer has reasonable
grounds to believe has contravened any provision of this Bylaw.
36.3
A Violation Ticket issued with respect to a violation of this bylaw shall be
served upon the Person responsible for the contravention in accordance
with the Provincial Offences Procedure Act.
36.4
The Person to whom the Violation Ticket has been issued may plead
guilty by making voluntary payment in respect of 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 by Schedule "A" of this Bylaw.
36.5
When a clerk records in the Court records the receipt of a voluntary
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payment pursuant to Section 36.4 and the Provincial Offences and
Procedure Act, the act of recording receipt of that payment constitutes
acceptance of the guilty plea and also constitutes the conviction and the
imposition of a fine in the amount of the specified penalty.
36.6
Notwithstanding Section 36.4 and 36.5 above, a Peace Officer may issue a
Violation Ticket summons under Part II of the Provincial Offences and
Procedure Act, without listing a specified penalty, and require that the
Person charged make a mandatory court appearance.
37. Penalties
37.1
Any Person who contravenes a provision of this Bylaw is guilty of an
offence.
37.2
The specified penalties for contraventions of this Bylaw are set out in
Schedule "A" hereto.
37.2
Any Person issued an Order pursuant to Section 545 of the Municipal
Government Act with respect to a contravention of this Bylaw who fails to
comply with the requirements of that Order within the deadline imposed is
guilty of an additional offence.
38.
Bylaw No. 412 'Street Maintenance' (1969), Bylaw No. 510 'Truck Routes'
(1976), Bylaw No. 513 amending 'Truck Routes' (1976) and Bylaw No. 695/T/87
'Traffic and Parking" are hereby repealed.
39. This bylaw shall come into effect on the date of its final passing.
READ A FIRST TIME this 16th day of November, A.D. 2010
______________________________
Mayor Gordon MacLeod
______________________________
CAO Martin Taylor
Signatures on original
Signatures on original
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READ A SECOND TIME this 5th day of January, A.D. 2011
________________________________
Mayor Gordon MacLeod
________________________________
CAO Martin Taylor
READ A THIRD TIME AND FINALLY PASSED this 15th day of February, A.D. 2011
________________________________
Mayor Gordon MacLeod
________________________________
CAO Martin Taylor
Approved by the Minister responsible for Alberta Transportation, or a delegated representative
this ______ day of ______, A.D. ____
________________________________
Deputy Minister, Alberta Transportation
Signatures on original
Signatures on original
Signatures on original
Signatures on original
Signatures on original
19
SCHEDULE "A"
of BYLAW No. 965/TR/2010
Town of Fairview
Specified Penalties
Part 1 - OPERATION OF VEHICLES
s.3
drive Vehicle damaging Highway
$200.00 plus cost of repair
s.4.1, 4.2, 4.3 unsecured load
$150.00
s.5
drive on parkland
$200.00
s.7.2
Exceed weight limit for Road Ban
$100.00
s. 7.3
Operate Vehicle on Closed Road
$100.00
s.8
speeding
n/a
Part 2 - PARKING
s.9.1
left turn over centre line
$50.00
s.9.2
reverse out of parking spot over centre line
$50.00
s.9.3
vehicle parked for more than 72 hours
$100.00
s. 9.4
park in contravention of Traffic Control Dev.
$150.00
s.10
illegally park in alley
$100.00
s.11
unlawfully parked in disabled parking stall
$200.00
s.13.1
unlawfully parked trailer or RV
$150.00
s.13.2
detached Trailer
$100.00
All s. 14
unlawfully parked or stopped vehicle
$100.00
s.15
unauthorized parking in a commercial zone
$100.00
20
All s. 17
unlawfully parked on private property
$200.00
Part 3 - SNOW
s.18.1, s. 19.1 improper snow removal
$100.00
s. 20
excess snow on roof/eaves
$150.00
Part 4 - BICYCLES, SKATEBOARDS & HORSES
s. 21.1
bicycle on sidewalk
$50.00
s. 21.2
ride unsafely on sidewalk
$50.00
s. 21. 3
improper equipment/riding at night
$100.00
s. 21.4
jaywalking
$50.00
s. 21.5
improper handling of horse-drawn implement
$100.00
s. 21.6
failure to remove defecation
$150.00
Part 5 - SPECIAL EVENTS
s.22
parade/procession without permit
$200.00
Part 6 - GENERAL
s.24.1, 24.2, Off-Highway Vehicles
1st
$100.00
24.4
2nd
$200.00
s.25.1, 25.2
sidewalk encroachment
$100.00
s.26.1
washing vehicle to leave mud/ice/slush
$100.00
s. 26.2
deposit material on Roadway or Sidewalk
$150.00
s.26.3
create Obstruction to Highway
$150.00
21
s. 26.4
overgrown vegetation creating visibility hazard
$150.00
s. 26.5
other visibility hazard
$150.00
s. 27
unauthorized Commercial Waste Container
$200.00
s. 28
post bill or affix poster without permission
$ 50.00
s. 29
tamper with/remove manhole cover
$100.00
Part 7 - TRUCK ROUTES/ DANGEROUS GOODS
s. 30.1
drive or park Heavy Vehicle off Truck Route
$300.00
s. 30.2
engine brakes within Town limits
$200.00
s. 31.1
transport Dangerous Goods off-route
$300.00
Part 8- OFFENCES AND PENALTIES
s. 37.3
failure to comply with Order
$200.00
22
SCHEDULE "B"
of BYLAW No. 965/TR/2010
Town of Fairview
Truck Routes
The following Highways, or portions thereof, are designated as being the only Highways over
which a bus or truck with capacity over one tonne may be operated:
91 Ave Industrial Park Roadways
100 Ave.
from East Town Limits to West Town Limits
102 Ave.
from 100th St to East Town Limits
101 Ave.
from 118th St to 100th St
103 Ave.
from 103rd St to 98th St
105 Ave.
from 113th St to 98th St
108 Ave.
from 113th St to East Town Limits
98 St.
from 105th Ave to 102nd Ave
100 St. from Hwy #2 to 108th Ave
103 St.
from 101st Ave to 103rd Ave
110 St
from Hwy #2 to 106A Ave
113 St.
from South Town Limits to North Town Limits
118 St.
from Hwy 64A to 101st Ave
23
SCHEDULE "C"
of BYLAW No. 965/TR/2010
Town of Fairview
Dangerous Goods Routes
The following Highways, or portions thereof, are designated as being the only Highways over
which a Vehicle transporting Dangerous Goods may be operated:
91st Ave Industrial Park Roadways
100 Ave.
from East Town Limits to West Town Limits
101 Ave. from 113th St to 100th St
103 Ave.
from 103rd St. to 98th St
108 Ave.
from 113th St to 100th St
100 St.
from 108th Ave to Hwy #2
103 St.
from 101st Ave to 103rd Ave
110 St.
from Hwy #2 to 106A Ave
113 St.
from South Town Limits to North Town Limits
Note: from the above-designated Dangerous Goods Routes, commercial Vehicles hauling
Dangerous Goods may follow the shortest route to their destination for loading or
unloading only.