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BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 1 of 24
VILLAGE OF HUGHENDEN
BEING A BYLAW OF THE COUNCIL OF THE VILLAGE OF HUGHENDEN TO PROVIDE
FOR THE PURPOSE OF REGULATING ACTIONS IN PUBLIC PLACES.
WHEREAS pursuant to the provisions of Sections 7 & 8 of the Municipal Government Act,
Revised Statutes of Alberta, 2000, Chapter M-26.1, as amended, the Council may pass
Bylaws for municipal purposes respecting the safety, health and welfare of people; the
protection of people and property. The Council may also regulate actions of people,
activities and things in, on or near a Public Place or place that is open to the public.
AND WHEREAS Council deems it desirable and expedient to regulate certain activities in a
Public Place within the village for the health, safety and welfare of its people or property.
NOW THEREFORE the Council of the Village of Hughenden, duly assembled, hereby
enacts as follows:
1. TITLE
1.1
This Bylaw shall be known as the "Public Place" Bylaw.
2.
PLURALITY - GENDER - DEFINITIONS
For the purpose of this Bylaw:
2.1 When not inconsistent with the context word used in the present tense include
The future, words in the plural shall include the singular and vice versa and all
Words and terms are considered to be gender neutral.
2.2 The following terms are hereby defined as:
a. "Act" shall mean the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26.1 and all subsequent amendments thereto;
b.
"Administrator" means the Chief Administrative Officer for the Village of
Hughenden and whatever subsequent title may be conferred on that Officer
by Council or statute; or his/her designate;
c.
"Boulevard" means that portion of the Highway lying between the Curb
line of a Highway and the adjacent property line, whether actually painted or
improved or not; excepting that portion occupied by a sidewalk. Where there
is no Curb the Boulevard shall be that portion of a Highway ordinarily
traveled by vehicles and the adjacent property line, whether actually painted
or not; excepting that portion occupied by a sidewalk;
d.
"Bylaw" means a rule or rules adopted for the government and regulation of
the Village;
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e.
"Campground" means a Park or portion of a Park that has been
designated by the Village where overnight camping is permitted;
f.
"Commercial Vehicle" means a Motor Vehicle designated or used for the
cartage of goods, wares or merchandise and includes a vehicle within the
meaning of the Traffic Safety Act;
g.
"Construction Equipment" means a riveting machine, concrete mixer,
gravel crusher, steam shovel, dragline, backhoe, air or steam compressor,
jack-hammer or pneumatic drill, tractor other than a tractor used in an
agricultural pursuit, bulldozer, front-end loader, motor scraper, motor grader
or any other tool, device or machine of a noisy nature;
h.
"Construction Noise" means Noise caused by Construction Equipment;
i.
"Council" means the Mayor and Councillors of the Village, elected
pursuant to the provisions of applicable legislation, whose term is not
expired, who have not resigned and who continue to be eligible to hold office
as such under the terms of the applicable legislation;
j.
"Councillor" means a member who is elected at a general election by the
citizens of the Village to the position of Councillor and who is not the Chief
Elected Official.
k.
"Cul-de-sac" means a local road which is terminated at one end, with the
provision for turning vehicles;
l.
"Curb" means the concrete or asphalt edges of a Highway or the division
point between the Highway intended for use by vehicles and the Boulevard
or sidewalk intended for use by Pedestrians;
m.
"Cycle" means a bicycle, power bicycle, motorcycle or moped.
n.
"Debris" means the remains of something broken down or destroyed;
o.
"Double Parking" means the parking of a vehicle on a Highway parallel to
a vehicle beside the Curb in a parking Area, or shall mean to the rear of any
vehicle that is angle parked at the Curb in a parking Area;
p.
"Excessive Period" means 30 minutes of time longer than is normally
expected to occur;
q.
"Farm Equipment" means any implement, equipment, engine, motor,
machine, combine, tractor or attachment used or intended for use in
Farming Operations;
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r.
"Farm Land" means land used for Farming Operations but does not
include land less than one acre in area on any one certificate of title;
s.
"Farming Operations" means
(i)
Planting, growing and sale of trees, shrubs or sod;
(ii)
The raising or production of crops, livestock, fish, pheasants or
poultry;
(iii)
For production or beekeeping;
t.
"Firearm" means a weapon from which a shot is discharged by gunpowder
or compressed air and shall include a revolver, rifle, shotgun, air rifle, pellet
gun and paint ball gun;
u.
"Highway" means any thoroughfare, street, road, trail, square, avenue,
parkway, driveway, lane, alley, bridge, Boulevard, and sidewalk within the
Village;
v.
"Holiday" means and includes day defined as a Holiday in the
Interpretation Act (Alberta) and any day or portion of a day proclaimed by the
Mayor or the Council of the Village as a civic Holiday;
w.
"Intersection" means the whole area situated between the prolongation of
the boundary lines of two or more streets which join one another at an angle
and whether said streets cross each other or not;
x.
"Loading Zone" means a portion of a street adjacent to the Curb
designated for the excessive use of vehicles loading or unloading
passengers or materials;
y.
"Litter" means rubbish, refuse, garbage, waste materials, paper packages,
containers, bottles, cans or other thing or item that are not normally expected
in a similar premises.
z.
"Maximum Gross Weight" means the MAXIMUM Gross Weight of a
Motor Vehicle or combination of attached Motor Vehicle pursuant to the
regulations under the Traffic Safety Act;
aa.
"Motor Vehicle" means a vehicle propelled by any power other than
muscular power but does not include a bicycle, a power bicycle, an aircraft,
an implement of husbandry or Motor Vehicle that runs only on rails;
bb.
"Night" means the period between ten o'clock in the afternoon and seven
o'clock in the forenoon of the next day;
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cc.
"Noise" means any sound which in the opinion of an Officer, having regard
to all circumstances, including the time of day and the nature of the activity
generating the sound, is likely to reasonably annoy or disturb persons or to
injure, endanger or distract from the comfort, repose, health, peace of
safety of Persons within the boundary of the Village;
dd.
"Officer" means a Community Peace Officer appointed by the Village
pursuant to the Act, a Bylaw Officer appointed by the Village to enforce
Village Bylaws, an Animal & Pest Control Officer appointed by the Village
to enforce the Village Animal Control Bylaw and includes any member of
the Royal Canadian Mounted Police;
ee.
"Off Highway Vehicle" means any motorized vehicle, designated 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 designated for such travel:
(i)
low pressure tire vehicles or 4-wheel drive vehicles
(ii)
motorcycles and related 2 wheel vehicles
(iii)
amphibious machines
(iv)
all-terrain vehicles
(v)
miniature Motor Vehicles
(vi)
snow vehicles, and
(vii)
any other means of transportation which is propelled by any power
other than muscular power or wind.
ff.
"Owner" means the Person shown on the land title as the registered
Owner of a property.
gg.
"Park" means land designated as Park, Campground or recreational area
by the Land Use Bylaw;
hh.
"Parking Stall" means a portion of a street indicated by markings as a
parking space for one vehicle;
ii.
"Parade" or "Procession" means any group of Pedestrians other than
military or funeral Procession numbering more than fifty (50) and
marching or walking on the Highway or on the sidewalk or any group of
vehicles other than military or funeral Procession numbering ten (10) or
more, or both;
jj.
"Pedestrian" means a Person standing or walking, a foot passenger or a
Person in a wheelchair;
kk.
"Person" includes an individual, partnership, corporation, trustee, executor
or administrator;
ll.
"Private Property" means land that is privately owned;
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Bylaw No. 479-13 Page 5 of 24
mm.
"Public Place" means a street, sidewalk, lane, alley, Park, business,
facility or any public owned property within the Village, that the public has
access as of right or by invitation, expressed or implied;
nn.
"Public Property" means any publicly owned land including land owned
by the Village;
oo.
"Public Works Employee" means a Person employed by the Village,
and working under the direction of the Public Works Superintendent or
Chief Administrative Officer;
pp.
"Public Works Superintendent" means the Person appointed by the
Village to the position of Public Works Superintendent or his/her
designate;
qq.
"Recreation Vehicle" means a vehicle propelled by any power other than
muscular power, and which is intended primarily to be used for recreational
purposes and includes a motor home, travel Trailer, tent Trailer and truck
with a camper attached;
rr.
"School Bus" means a Motor Vehicle designed for carrying more than
thirteen (13) passengers that is used or intended to be used for the
transportation of people;
ss.
"Tank Vehicle" means any vehicle other than railroad tank cars and boats
with a cargo tank mounted thereon or built as an integral part thereof used
for the transportation of liquids. Tank Vehicles include self-propelled
vehicles, and full Trailers and semi-trailers without motive power and with
wheels carrying either part or all of the load, and shall also include semi-
tractor Trailer units and grain trucks;
tt.
"Village" means the Municipal Corporation of the Village of Hughenden in
the Province of Alberta or the area contained within the Village boundaries
as the context requires;
uu.
"Traffic Control Device" means any sign which provides a directive to
traffic of any nature;
vv.
"Trailer" means a vehicle so designated that it
(i)
may be attached to or drawn by a Motor Vehicle or tractor, or
(ii)
is intended to transport property, and includes any vehicle defined
by regulation as a Trailer but does not include a Recreational
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 6 of 24
Vehicle or machinery or equipment solely used in the construction
or maintenance of Highways;
ww.
"Violation Tag" means a tag or similar document approved by the
Village under authority of Section 7 (i) of the Act which is payable at the
Village Administration Office;
xx.
"Violation Ticket" means a ticket issued pursuant to Part II or Part III of
the Provincial Offences Procedures Act;
xx.
"Beyond maximum time posted" means; a vehicle parked beyond the
time indicated on the sign shall be considered as parking overtime and
beyond the limit fixed and such overtime parking shall constitute an offence
under this chapter.
3.
CAMPGROUNDS
3.1
For the purpose of administering this Bylaw an Officer may:
a) Enter on and inspect any land, road structure or work in a Campground,
b) Order the repair, alteration, improvement, evacuation, or removal of or
addition to any unauthorized structure or work in a Campground,
c) Order any Person in a Campground to cease or refrain from any action,
omission or conduct that is in the opinion of the Officer is dangerous to
life or property or detrimental to the use and enjoyment of the
Campground by other Persons,
d) Require any Person in a Campground to inform an Officer of
(i) his/her name, address and
(ii) any fact or intention relating to the use by the Person of the
Campground,
e) Remove from a Campground
(i) any Person making unauthorized use of the Campground
(ii) any Person failing to comply with the provisions of this Bylaw,
(iii)
any Person creating a nuisance or disturbance or committing a
trespass or any undesirable act.
f) Refuse to admit entry of any Person to a Campground.
3.2
A Person who enters a Campground shall comply with:
(a) any lawful order and instructions made or issued pursuant to this Bylaw,
and
(b) the instructions, prohibitions and directions prescribed by all lawfully
designated and erected signs and notices.
3.3
A Person using a Campground shall keep the land and improvements in a
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condition satisfactory to an Officer.
3.4
A Person vacating a Campground shall restore the land as nearly possible to
a clean and tidy condition.
3.5
No Person shall interfere with the rights of others to the quiet and peaceful
enjoyment of a Campground.
3.6
No Person who has been removed from a Campground pursuant to Section 3.1
(e) of this Bylaw shall, within a 72-Hour period, enter or attempt to enter that
Campground.
3.7
No Person shall light or maintain a fire in a Campground except in a fireplace,
pit or other facility designed for that purpose.
3.8
No Person shall leave a fire unattended or allow a fire to spread.
3.9
The Administrator may authorize the issuance of individual campsite permits
under this Bylaw.
3.10 Permits shall be issued on a first come first serve basis, except in that portion of
the Campground where a reservation system is in effect.
3.11 Where a Campground is developed in individual campsites, only the following
vehicles and Recreation Vehicles are permitted to be kept in the campsite
unless an Officer gives permission to the contrary;
(a) one Motor Vehicle;
(b) in addition to the Motor Vehicle referred to in clause (a), one Recreation
Vehicle of any kind, including a Recreation Vehicle that is a Motor
Vehicle;
(c)
in addition to the Motor Vehicle referred to in clause (b), one tent
3.12 No Person in whose name an individual campsite is registered shall bring into or
permit to remain on the campsite more vehicles or Recreation Vehicles than are
permitted in clause 3.11.
3.13 No Person who is visiting shall remain in the Campground or day use area after
11:00 PM.
3.14 Not more than six (6) Persons shall occupy an individual campsite unless they are all
members of a single-family unit.
3.15 No Person shall operate an Off-Highway vehicle in a Campground.
3.16
No Person shall remove firewood from a Campground.
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4.
NOISE
4.1
No Person shall operate or permit any other Person to operate a vehicle which
produces Noise.
4.2
No Person shall operate or permit any other Person to operate an Off-Highway
vehicle which produces Noise.
4.3
No Person shall operate a lawn mower between the hours of 10:00 PM and 07:00
AM.
4.4
Construction Equipment which may cause a Construction Noise shall only be:
(a)
operated during the following hours;
Monday to Saturday inclusive 07:00 AM to 10:00 PM
Sunday and Holidays 12:00 PM (noon) to 10:00 PM;
(b)
is generated pursuant to work in the normal manner of that industry,
(c)
all necessary Federal, Provincial and Municipal permits, license and approvals
have been obtained and the work is not contrary to any Federal, Provincial or
Municipal Bylaws or Regulations.
4.5 No Person shall cause or permit any other Person to cause a Noise.
4.6 Notwithstanding anything contained herein, the Bylaw does not apply to the
performance of work by any Person on Farm Land for the purpose of carrying on a
Farming Operation including the operation of a Farm Implement.
4.7
Notwithstanding anything contained herein, this Bylaw does not apply to work carried
on by the Village or by a contractor carrying out the instructions of the Village.
4.8
Notwithstanding anything contained herein, this Bylaw does not apply to the
performance of work by any Person on land zoned as an Industrial District pursuant
to the Village's Land Use Bylaw.
4.9
The Administrator may issue a permit to a Person for the purpose of allowing such
Person to cause a Noise, but such permit shall state the dates and hours during
which such Noise may occur.
5.
PUBLIC OFFENCES
5.1
No Person shall urinate or defecate in a Public Place or place in view of a Public
Place other than a washroom designated for use by the public.
5.2
No Person shall participate in a fight or similar physical confrontation in any Public
Place or any place to which the public reasonably has access with the exception of
an organized sporting event.
5.3
No Person shall cause a disturbance in or near a Public Place by;
(a) fighting, screaming, shouting, swearing, singing or using loud blasphemous,
abusive or grossly insulting language;
(b) openly exposing or exhibiting an indecent act,
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(c)
loitering in a Public Place and in any way obstructing Persons who are in that
place,
(d) disturbing the peace and quiet of the occupants of a dwelling house by
disorderly conduct in a Public Place.
5.4
No Person shall without lawful excuse, the proof which lies on him, trespass by
loitering or prowling at Night on Public or Private Property.
5.5
No Person shall cause Vandalism to Public or Private Property by removing,
destroying, mutilating, defacing or climbing on any building or structure, fixture or
chattel, and without restricting the foregoing, any monument, vase, fountain, wall,
fence, wire, netting, vehicle, tool, gate, seat, bench, exhibit, cage or ornament
therein, tamper with or in any way damage.
5.6
No Person shall;
(a)
assault an Officer, Emergency Service Worker or Public Works Employee
or any Person acting in aid of that Person,
(b)
assault an Officer with intent to resist or prevent the lawful arrest or
detainment of himself or another Person,
(c)
without consent of an Officer, take or attempt to take a weapon that is in
possession of the Officer when the Officer is engaged in the execution of his
or her duty.
5.7
No Person shall willfully obstruct, impede or hinder an Officer, Emergency Service
Worker or Public Works Employee, while that Person is engaged in the execution
of his or her duty.
5.8
No Person shall fail or refuse to comply with a lawful order or request of an Officer,
Emergency Service Worker or Public Works Employee, while that Person is
engaged in the execution of his or her duty.
6.
STREETS
6.1
No Person shall place or leave on or across any part of a Village sidewalk a cord,
cable or loose lose unless secured in such a manner as to not cause a tripping
hazard.
6.2
Every Owner of a dwelling house who shall require to drive any vehicle across any
sidewalk or Boulevard for the purposes of accessing Private Property shall be
required to construct a driveway so designed and maintained as to be suitable for
Pedestrians using the sidewalk and vehicles accessing the driveway.
6.3
No construction of such driveway shall commence without permission being
obtained from the Public Works Superintendent.
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Bylaw No. 479-13 Page 10 of 24
6.4
The Property Owner shall be responsible for maintenance and/or replacement of the
driveway when in the opinion of the Public Works Superintendent, such driveway
requires repair or replacement.
6.5
The Village shall give written notice by single registered mail to the registered
Owner of a property served by a Boulevard crossing and considered to be in
disrepair indicating the remedial requirements.
6.6
Should the remedial requirements not be undertaken by the Property Owner, the
Village may undertake to have the repairs completed and charge the costs of the
remedial repairs to the taxes account of the property Owner.
6.7
The Village may close and fill in all unused Boulevard crossings, however, the
Village shall give thirty (30) days notice in writing to the assessed Owner of the
adjacent property of the intent to close the Boulevard crossing.
6.8
No Person shall in any way injure a tree, shrub, flower or grass on any plot, street or
Public Place in the Village.
6.9
Every Owner, assessed Owner, tenant or occupier of any land adjoining any street,
lane or Public Place in the Village shall cause all trees, shrubs and bushes which
overhang the sidewalk of the street, lane or Public Place to be properly trimmed, so
as:
(a) they do not provide obstruction on the sidewalk, street, lane or Public Place to
Pedestrians or vehicles; or
(b) they do not obstruct the view of Pedestrians or vehicles when they approach
an Intersection.
6.10
The Village may give written notice by single registered mail to the registered
Owner of a property where trees, shrubs or bushes overhang the sidewalk of a
street, lane or Public Place that said trees, shrubs or bushes require trimming or to
be cut back.
6.11
Should any Registered Owner not complete the remedial requirements when
notified pursuant to 6.10 hereof, the Village may undertake the repairs and charge
the costs of the remedial repairs to the taxes account of the registered Owner.
6.12
No Person shall place, abandon, throw or deposit any object, Debris, Ice, Snow or
substance on any street, highway or public place in the Village whereby such object
may cause danger, damage or inconveniences to Pedestrians or vehicles using the
streets, highways or public place. The costs of and expenses of any removal which
the Village may incur shall be invoiced to the owner, as determined, who left the
debris, ice, snow or substance. Should the owner not pay the Village for these
services they may be charged to the tax roll of the property owner to be recovered in
a like manner as with other taxes.
(a) No Person shall place or leave any nuisance or offensive matter or trash or
waste material on public land except in a refuse container approved for use for the
subject material.
6.13
No Person shall drive a vehicle on a Village street whereby such vehicles leaves
dirt, mud or offensive material or Debris upon the street in a sufficient quantity that
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 11 of 24
requires removal by the Village. The costs of any removal shall be invoiced to the
general contractor if a construction site is involved or to the Owner of a vehicle as
determined left the dirt, mud or offensive material upon the street.
6.14
No Person shall cast, project or throw any snow, balls of snow, ice or other missiles
dangerous to the public or use and bow or arrow, catapult or other such contrivance
in any of the streets, lanes or Public Places of the Village.
6.15
No Person shall set fire to any shavings, chips, straw or other combustible or make
or light any fire or bonfire in any street, lane, or Public Place of the Village or
elsewhere on Public Property unless authorized by a permit pursuant to the
Bylaws of the Village.
6.16
No encroachment or obstruction of any kind shall be made or placed by any Person
in or upon any of the streets, lanes or Public Places of the Village, unless authority
has been granted pursuant to an encroachment agreement with the Village.
6.17
Not restricting the generality of Section 6.16 no Person shall permit the use, in
connection with a building operation, of any portion of a Highway in the Village by
either placing or permitting to be placed any building materials, tools, machinery or
construction device thereon, unless an agreement has been entered into between
the Village and the Person to allow such use.
6.18
The Property Owner shall pay to the Village the entire cost and expenses which the
Village may incur in removing the structure of any nature situated on the street or
sidewalk at the time the building operation commenced and which was necessary to
remove to allow the use of a portion of the street or sidewalk for the building
operation.
6.19
No Owner of any house, building, shed, fence or structure of any kind shall allow the
same or any part to encroach on or remain upon or over any of the streets, lanes, or
other Public Property, vesting in or belonging to the Village or over which the
Village has control.
6.20
No Owner of any premises shall allow any gate on such premises to swing or
project over any street, lane or Public Place in the Village.
6.21
No Person shall break, tear or remove any planking, pavement, sidewalk, curbing,
macadamizing, concrete, cement or other road surface, nor make any excavation in
or under any street, lane or Pubic Place in the Village, except;
(a) officials, employees or contractors of the Village while discharging their duties,
(b) community groups or individuals who have obtained permission from the
Public Works Superintendent.
6.22
Every Person who makes an excavation or opening in any place to which the public
may have access shall place protective fences or barricades around such openings
or excavations, sufficiently light the same and take other precautions that may in the
opinion of the Public Works Superintendent ne necessary to ensure the protection
and safety of the public.
6.23
No Person shall plough, dig up, take, carry away or in any way interfere with any
earth, gravel, sand, turf, soil or grass in any street, lane or Public Place in the
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Village, or from any vacant lot belonging to the corporation, without first having
obtained permission in writing from the Public Works Superintendent or other
official of the Village having authority to grant such permission.
6.24
Any Person, contractor engaged in excavating Private Property, shall take due
care that collapse of Village property in the excavation does not occur.
6.25
All backfilling of excavations on Village property, remediation of accidental collapse
of private excavation walls adjacent to Village property shall be done in accordance
with the compaction specification established by the Public Works Superintendent.
All necessary compaction control tests shall be paid for by the general contractor.
6.27
In the event that backfilling is done without the knowledge and approval of the Public
Works Superintendent and it becomes necessary to re-compact the backfill to
established specifications and restore the Highway or any part thereof to proper
grade, then the Public Works Superintendent may order re-excavation, re-
compaction, and rebuilding of the Highway. If this work is not carried out within the
month of the notification by registered mail to the general contractor or Owner of the
adjacent property, then the Public Works Superintendent may order that the works
be done by Village forces and that all cost incurred in the connection therewith be
charged to the general contractor or Owner of the adjacent property. If the Village
does not receive payment of said cost within thirty days after rendering an account,
then the sum so charged shall be added to the taxes of the adjacent property and be
recovered in a like manner.
6.28
The Village assumes no responsibility for damage to basement walls or footings
abutting Village property when work is being done on a Highway.
6.29
All Village Highways and properties which are occupied by a contractor under the
authority of a permit shall be repaired or reconstructed to the satisfaction of the
Village following the termination of such permit.
6.30
Within a period of forty-eight (48) hours after the end of a rainfall or snowfall that has
left the streets covered with snow or ice, the Owner of every business premises,
vacant business premises and residential property abutting a Village sidewalk, shall
remove snow or ice and take reasonable measures to make the portion of the public
sidewalk on the front and flank of his property safe for Pedestrians. The foregoing
shall not be construed to relieve Pedestrians from duty of due care.
6.31
When an Officer considers that an Owner of a business or residence premises has
failed to meet the requirements of Section 6.30 hereto, then the Owner shall be
advised that failing immediate improvement of the sidewalk condition, the Village
may use it's own employees or hire a contractor to remediate the situation and will
charge the cost thereof to the Owner of the abutting property. Should the Property
Owner not pay the Village for these services they may be charged to the tax roll of
the Property Owner to re recovered in like manner as with other taxes.
6.32
Business premises shall mean
(a) every property classified under the Land Use Bylaw as commercial or
industrial.
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(b) properties zoned otherwise than listed in subsection (a) but used as
commercial ventures, not restricting the generality of the foregoing shall include
parking lots, and vacant commercial lots.
6.33
Every occupant, and in case there is no occupant, the Owner of every house, shop,
building, church or chapel, abutting on or erected within ten (10) feet of any street,
sidewalk, lane, alley or Public Place shall whenever snow or ice shall accumulate
on the roof or eaves of such building, to an extent that it shall be dangerous to
Persons passing, cause the same to be removed at once, and every Person while
removing the same shall take due and proper care and precaution for the warning
and safety of Persons passing.
6.34
No Person shall cause any injury to any sidewalk in the Village by striking, picking
or cutting the same with any shovel, pick, crow-bar or other metal instrument,
whether such Person is engaged in removing snow or ice from the sidewalk or not.
6.35
No Person shall leave food or a merchandise cart on any street unattended.
6.36
No Owner or possessor of any animal which has died shall allow same to lie on any
street, lane, alley or Public Place in the Village.
7.
TRAFFIC
7.1
The Council may by resolution exempt any class of vehicle from such provisions of
this by-law relating to parking and stopping as the Council may deem fit and under
such conditions as the Council may impose, and may provide for the identification
of such vehicles so exempted.
7.2
The Council may by Bylaw prescribe where traffic signs for controlling and
regulating traffic in Public Places are to be located.
7.3
The Council may by resolution designate and Highway as one to be divided into
traffic lanes.
7.4
In case any vehicle is parked in violation of any provisions of this by-law, or any
other statute, an Officer may cause such vehicle to be removed to a place which the
Officer in charge may designate.
7.5
The Village shall have authority to move vehicles from the Village streets, avenues
and lanes when grading, maintaining or repairing the same.
7.6
The Administrator or an Officer may authorize the removal of any unauthorized
structure or other thing which projects into or obstructs the use of any street,
sidewalk, or Boulevard. The charges for removal and storage of any such structure
or other thing shall be paid by the Owner or other Person responsible therefore,
and shall be in addition to any fine or penalty imposed, or any payment in lieu of
prosecution of this by-law.
7.7
Notwithstanding any other penalty that may be provided by law, an Officer is hereby
authorized to impound any bicycle operated in contravention to the provisions of this
Bylaw for a period not to exceed sixty (60) days.
7.8
Any expense incurred by the Village for the removal of any obstruction on a
Highway placed therein in contravention of this by-law may be recovered by
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 14 of 24
distress upon the goods and chattels of the Person by whom, or by whose direction,
any obstruction is so placed in the same manner as if such expenses were taxes
levied pursuant to the ACT and so recoverable.
8.
PEDESTRIANS
8.1
Where a sidewalk or footpath is located beside a roadway, a Pedestrian shall at all
times when reasonable and practical to do so use the sidewalk or path and shall not
walk or remain on the roadway.
8.2
Where there is no sidewalk or footpath a Pedestrian walking along or upon a
Highway shall at all times when reasonable and practical to do so, walk only on the
left side of the roadway or on the shoulder of the Highway facing traffic approaching
from the opposite direction.
8.3
Every Pedestrian crossing a roadway shall cross as quickly as is reasonably
possible without stopping or loitering or otherwise impeding the free movement of
vehicles thereon.
8.4
A pedestrian shall not step onto a roadway or walk or run into the path of any
vehicle that is so close that it is impracticable for the driver of the vehicle to yield the
right of way.
8.5
Every Pedestrian crossing a roadway at any point other than within a crosswalk
shall yield the right of way to vehicles upon the roadway.
8.6
Three or more Persons shall not stand in a group or so near to each other on any
Highway as to obstruct the entrance to buildings or to obstruct or prevent other
Persons using such Highway and forthwith after a request has been made by an
Officer or other Person duly authorized to do so shall disperse and move away.
8.7
No Person shall stand, sit or lie on any Highway in such manner as to obstruct
vehicular or Pedestrian traffic or as to annoy or incommode any other Person
lawfully upon the Highway.
9.
PARKING
9.1
Unless specifically required, permitted by other provisions of this by-law, by a Traffic
Control Device or in the compliance with the directions of an Officer, no Person
shall park or stand any vehicle:
a) Alongside or opposite any street excavation or obstruction when stopping or parking
would obstruct traffic;
b) On any Highway for a period of more than seventy two (72) hours;
c) In such a manner as to obstruct the access to or exit from any building being used for
public gatherings.
d) In such a manner as to interfere with the proper operations of any vehicle used by the
Fire Department or other departments of the Village.
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 15 of 24
e) Upon Private Property without the expressed or implied consent of the Owner or
Person in lawful possession or control of the property.
f) Left of center of any Highway or parked in a parallel manner so that the right hand
wheels of the vehicle are not more than 45 cm from the right hand Curb or edge of
the Highway. This section does not apply where angle parking is permitted or
required.
g) In an alley unless he is actively engaged in:
i) The loading or unloading of a Commercial Vehicle for a period not exceeding
thirty (30) minutes,
ii) The loading or unloading of goods or passengers from a vehicle other than a
Commercial Vehicle for a period not exceeding ten (10) minutes.
providing the vehicle in subsections i) or ii) does not obstruct the free passage of
Pedestrian and vehicular traffic in such alley.
h) No Person shall Park a Trailer on a Highway unless the Trailer is attached to a
Motor Vehicle by which it may be drawn. This provision does not apply to:
i) A Recreational Vehicle provided it is being loaded or unloaded and is parked for
that purpose for a period not exceeding forty-eight (48) hours;
ii) A Trailer owned or controlled for a service by the Village while actively engaged
in providing the service.
i) No Person shall leave a Commercial vehicle parked on any Highway in a
residential area at any time.
j) No Person shall leave a Motor Vehicle parked in a residential area with the engine
left running/idling for excessive periods where the Noise of the engine running/idling
may disturb any other Person in the residential area.
k) No Person who sells, repairs or services Motor Vehicles for compensation shall
park or leave any such Motor Vehicle in his control on a Highway.
l) No Person shall park a Motor Vehicle, together with any Trailer attached thereto on
any Highway unless:
i) Such Person is actively engages in loading or unloading passengers,
merchandise or person effects;
ii) Such parking is permitted by a sign erected pursuant to the Traffic Control
Device Bylaw.
m) No Person shall park a Motor Vehicle in a Park unless specifically authorized to do
so by the Administrator, Public Works Superintendent and/or their designates.
n) No Person shall park a Motor Vehicle on a Boulevard.
o) No Person shall stand or park any Motor Vehicle on any street for the purpose of
greasing or repairing such vehicle except for emergency repairs.
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 16 of 24
p) No Person shall wash any Motor Vehicle on any street in such a manner as to
constitute a nuisance or hazard.
q) No Person shall park a Motor Vehicle adjacent to or alongside a Curb that is
colored yellow.
r) No Person shall occupy a Trailer or Recreational Vehicle on a Highway or Public
Place that is not a Campground, a mobile park or trailer court as a temporary or
permanent dwelling place, living abode or sleeping place.
s) An Owner or operator of a Recreation Vehicle for which the vehicle registration
show a Village address shall not park the Recreational Vehicle on a Highway,
except in the area of the roadway immediately adjoining the Owner or operator's
place of residence and for no more than forty eight (48) consecutive hours, following
which the Owner or operator shall move the Recreational Vehicle to an off-highway
location for a period of not less than forty-eight (48) consecutive hours before the
Recreational Vehicle may be parked again in the area of roadway immediately
adjoining the Owner or operator's place of residence.
t) No person shall park a Motor Vehicle where prohibited by a traffic Control Device on
any street or highway that has a sign, signal, marking or other device used to
regulate, warn or guide traffic.
9.2
Notwithstanding any other provision of this Bylaw, the following classes of Motor
Vehicles are exempt from parking prohibitions;
(a) Emergency vehicles,
(b) Public Utility vehicles,
(c) Municipal or other government public works vehicles,
(d) Towing service vehicles,
(e) Other vehicles owned or contracted for service by the Village while actively
engaged in providing the service and while any such service is being used
in work requiring that it be stopped or parked in contravention of any such
prohibition.
10.
OPERATION OF VEHICLES
10.1
No Person shall drive a Motor Vehicle over an unprotected fire hose.
10.2 Unless otherwise posted the speed limit within the Village shall be thirty (30)
kilometers per hour except the maximum speed in any alley shall be twenty (20)
kilometers per hour.
10.3 No operator of a Motor Vehicle shall pass or attempt to pass another vehicle
traveling in the same direction while crossing an Intersection.
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Bylaw No. 479-13 Page 17 of 24
11.
PARADES/PROCESSIONS
11.1 A driver of a Motor Vehicle in the lead of a funeral Procession approaching an
Intersection where a stop sign or Traffic Control Device is posted requiring the
Motor Vehicle to stop, shall stop the Motor Vehicle as required by the Traffic Safety
Act and shall not drive the Motor Vehicle into the Intersection until it is safe to do
so. Motor Vehicles that follow in the Funeral Procession may then proceed through
the Intersection without stopping subject to the direction of an Officer.
12.
BICYCLES AND MOTORCYCLES
12.1 No one shall leave a two wheeled vehicle on a Highway other than at the Curb or
edge of the Highway and other than in an upright position.
12.2 No Person shall ride or park a Cycle on any sidewalk except where expressly
permitted to do so by this Bylaw. Children's bicycles or tricycles having a wheel
diameter of less than forty (40) centimeters are excepted from this provision.
12.3 No operator of a scooted or power bicycle with an engine displacement in excess of
fifty (50) cubic centimeters, shall be under the age of sixteen (16) years.
12.4 The operator of a Cycle on a Highway shall;
(a)
keep both hands on the handlebars of his Cycle, unless making a signal in
accordance with the Traffic Safety Act or regulations;
(b)
keep both feet on the pedals or footrests of his Cycle;
(c)
not ride other than upon or astride the regular seat of the Cycle.
12.5 A passenger on a Cycle shall;
(a)
not ride on any other than upon the regular seat;
(b)
keep both hands on the handgrips;
(c)
keep both feet on the footrests of the Cycle.
12.6 No Person shall operate a Cycle at Night on a Highway unless that Cycle is
equipped with a headlamp at the front and tail lamp at the rear.
12.7 No Person shall operate a mini bike or Cycle which has an engine displacement
smaller than fifty (50) cubic centimeters on any Highway at any time.
13.
HEAVY TRUCKS
13.1 For the purpose of this section:
(a)
"Heavy Truck" means a Motor Vehicle with a gross weight of five (5) metric
tons or 5000 Kilograms or more, or exceeding eleven (11) meters in length.
(b)
"Heavy Truck Route" means the "Heavy Truck Route" shown in the Traffic
Bylaw.
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 18 of 24
(c)
"Heavy Truck Area" means the area defined in the Traffic Bylaw and
designated for parking of Heavy Trucks.
(d)
"Restricted Heavy Truck Route" means the Restricted Heavy Truck Route
as shown or designated in the Traffic Bylaw.
13.2 No Person shall operate a Heavy Truck on a Highway other than on a Heavy or
Restricted Truck Route.
13.3 No Person shall park a Heavy Truck on Private or Public Property except in an
area designated in the Traffic Bylaw.
13.4 No Person shall park a Heavy Truck on any Restricted Heavy Truck Route.
13.5 No Person shall operate a Heavy Truck on a Restricted Heavy Truck Route
between the times indicated by a sign erected pursuant to the Traffic Bylaw.
13.6 Notwithstanding section 13.2, a Person shall be deemed not to have contravened
the Bylaw if;
(a)
The Heavy Truck was being operated on the most direct route between two
points, one point being the nearest Heavy Truck Route or Restricted Truck Route
and, the other point is a location where:
(i)
goods or merchandise are being delivered or collected for a commercial
purpose,
(ii)
Heavy Trucks are permitted to park;
(iii)
a building is being moved, provided the necessary permits have been issued
by the Village,
(iv)
the Person is operating a bus or motorhome,
(v)
the Person is operating a Heavy Truck owned or contracted for the service by
the Village while engaged in providing the service.
13.7 No Person while operating a Heavy Truck off of the Heavy Truck Route for any of
the reasons in Section 13.6 shall exceed a speed of thirty (30) kilometers per hour.
13.8 No Person shall operate an Engine Retarder Brake device to slow down the speed of
a vehicle within the Village.
13.9 A Person shall not drive or have on a Highway a Motor Vehicle or combination of
attached Motor Vehicles with a weight in excess of that allowed by Provincial
Regulations.
13.10 A Person may apply to the Administrator or his/her designate for a permit to allow
on a Highway a Motor Vehicle or combination of attached Motor Vehicles with a
gross weight in excess of Maximum Gross Weight for the Motor Vehicle. The
Administrator or his/her designate may grant such permit for such periods as he/she
may set out therein or refuse to grant a permit, and from any such refusal there shall
be an appeal to the Council of the Village.
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 19 of 24
14.
OFF-HIGHWAY VEHICLES
14.1 No Person shall operate an Off-Highway Vehicle or like-vehicle within the Village;
(a)
at a speed in excess of 15 km/h,
(b)
between 2200 Hrs of any day and 0800 Hrs of the following day,
(c)
on any Highway except;
(i)
directly to or from the operator's or Owner's residence,
(ii)
into or out of the Village,
(d)
on any other properties owned or leased by the Village,
(e)
that has no valid license plate displayed,
(f)
that is un-registered,
(g)
that is not insured,
(h)
without an approved helmet.
15.
OTHER
15.1 Any Person who shall borrow property belonging to the Village or affiliated
organization and fails to return the property as scheduled or on request from an
official of the Village is guilty of an offence.
15.2 Any Person who is smoking any tobacco product, in a Village of Hughenden facility,
and which facility may be used by the Public or in a Village facility where there are
'No Smoking' signs posted shall be guilty of an offence.
15.3 No Person, who is not an Officer, shall carry any loaded Firearm within the Village.
15.4 No Person with the exception of the RCMP in the course of their duties, shall
discharge a Firearm within the Village limits unless they have been approved to
discharge a Firearm by a resolution of Council that specifically names the individual.
16.
POWERS OF OFFICERS AND PENALTIES
16.1 Any Person who contravenes any provision of this Bylaw is guilty of an offence.
16.2 Any Person who is guilty of an offense under this Bylaw is liable to pay a fine of not
less that the specified penalty for the offence and not more than $2,000.00.
16.3 Where an Officer believes or has reasonable and probable grounds that an offense
has taken place consisting of a breach or contravention of this Bylaw, the officer may
commence proceeding by issuing either a Violation Tag or a summons/offence
notice/Violation Ticket (part II or III) in accordance with the provisions of the
Provincial Offences Procedures Act, R.S.A. Chapter P 21.5.
16.4 Notwithstanding the provision of Section 16 (3), if an Officer believes on reasonable
and probable grounds that an offence has taken place consisting of a breach or a
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 20 of 24
contravention of this Bylaw, the Officer may issue a Violation Tag in such form as
may be prescribed from time to time by the Administrator.
16.5 Service of the Violation Tag is sufficient if the Violation Tag is;
(a)
personally served,
(b)
attached to the vehicle in respect of which the offense is alleged to have
occurred, in which case the Violation Tag need not specify the name of the
Person alleged to have committed the offence if the vehicle is described on
the Violation Tag by the license plate number.
16.6 Under no circumstances shall any Person contravening any provision of this Bylaw
be subject to the penalty of imprisonment.
16.7 Any Person who commits a subsequent offense under this Bylaw within one (1) year
of committing the first offence may be issued a Violation Ticket or a Violation Tag
with the Specified Penalty Option set out under for subsequent offences
16.8 Where a contravention of this Bylaw is of a continuing nature, further Violation
Tickets or Tags may be issued provide however, that no Violation Tickets or Tags
shall be issued for each day that the contravention continues.
16.9 The penalty in lieu of prosecution applicable to any contravention of this Bylaw, to be
used when issuing a Violation Ticket or Tag shall be the same as set out in
Schedule "A".
16.10 Any offence listed in this Bylaw without a specified penalty as outlined in Schedule
"A", shall be $100 for the first offence and $250 for subsequent offences within a one
(1) year period of the first offense.
17.
SEVERABILITY
17.1 Should any provision of this Bylaw be invalid, then such invalid provision shall be
severed and the remaining Bylaw shall be maintained.
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Bylaw No. 479-13 Page 21 of 24
18.
ENACTMENT AND REPEALS
18.1 This Bylaw shall be effective upon 3rd reading and signing.
READ A FIRST TIME THIS 17TH day of December, 2013.
READ A SECOND TIME THIS 17th day of December, 2013.
READ A THIRD TIME THIS 17th day of December, 2013.
SIGNED AND PASSED THIS 17th day of December, 2013.
___________________________________
Chief Elected Official
___________________________________
Chief Administrative Officer
BYLAW NO. 479-13 2013
Bylaw No. 479-13 Page 22 of 24
SCHEDULE 'A'
Charge Description
Section
First
Offence
Subsequent
Offences
CAMPGROUNDS
Fail to provide Officer with name, address, other info
3.1(d)
$100
$250
Fail to comply with lawful order in Campground
3.2(a)
$100
$250
Fail to keep Campsite in clean, return to clean
condition
3.3, 3.4
$100
$250
Disturb peace and quiet of other campers
3.5
$100
$250
Enter Campground w/I 72 hours after being evicted
3.6
$250
$500
Have fire in unauthorized place
3.7
$100
$250
Leave fire unattended
3.8
$100
$250
Allow more vehicles than permitted in campsite
3.12
$100
$250
Visitor remain in campsite after 11pm
3.13
$100
$250
More than 6 campers per site
3.14
$100
$250
Operate OHV in Campground
3.15
$100
$250
Remove firewood from Campground
3.16
$100
$250
NOISE
Operate, permit a vehicle to cause excessive Noise
4.1
$100
$250
Operate, permit to operate OHV causing excessive
Noise
4.2
$100
$250
Operate lawnmower between 10pm and 7am
4.3
$100
$250
Operate Construction Equipment between 10pm
and 7am
4.4
$100
$250
Cause, permit to cause Noise
4.5
$250
$500
PUBLIC OFFENCES
Urinate, defecate in Public
5.1
$100
$250
Fight in Public
5.2
$250
$500
Cause Disturbance in Public Place
5.3
$250
$500
Trespass at Night on Public/Private Property
5.4
$250
$500
Vandalize Public/Private Property
5.5
$500
$1000
Assault Officer, Emergency Service Worker, Public
Works Employee
5.6(a)
$500
$1000
Assault Officer with intent to resist lawful arrest
5.6(b)
$500
$1000
Take, attempt to take weapon from Officer w/o
consent
5.6(c)
$500
$1000
Obstruct, hinder, impede Officer, Emergency Service
Worker, Public Works Employee
5.7
$500
$1000
Fail to comply with lawful order of Officer, Emergency
Service Worker, Public Works Employee
5.8
$500
$1000
Litter
6.12(a)
$100
$250
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Bylaw No. 479-13 Page 23 of 24
STREETS
Place, leave item(s) across sidewalk unsecured
6.1
$100
$250
Injure tree, shrub, flowers, grass on Public/Private
Property
6.8
$100
$250
Place Debris on street
6.12
$100
$250
Drive vehicle leaving Debris on street
6.13
$100
$250
Throw snowballs, ice in Public Place
6.14
$100
$250
Set fire in street
6.15
$100
$250
Place, leave encroachment, obstruction on street
6.16
$100
$250
Fail to remove snow/ice from sidewalk w/I 48 hrs
6.30
$100
$250
Fail to remove snow/ice from roof
6.33
$100
$250
Damage/injure sidewalk
6.34
$100
$250
Leave dead animal in street
6.35
$100
$250
PEDESTRIANS
Pedestrian fail to use sidewalk
8.1
$100
$250
Pedestrian fail to walk on left side of road when no
sidewalk available
8.2
$100
$250
Pedestrian crossing road causing obstruction/impede
traffic
8.3
$100
$250
Pedestrian fail to yield right of way when required
8.4, 8.5
$100
$250
Three or more Persons standing/loitering on street
causing obstruction to building, other Persons
8.6(6)
$100
$250
Pedestrian sit/lie on Highway/sidewalk causing
obstruction
8.7
$100
$250
PARKING
Park MV alongside excavation/obstruction impeding
traffic
9.1(a)
$100
$250
Park MV on street in excess of 72 hrs
9.1(b)
$100
$250
Park MV obstructing building entrance/exit
9.1(c)
$100
$250
Park MV interfering w/ Fire Dept.
9.1(d)
$100
$250
Park MV on Private Property w/o permission
9.1(e)
$100
$250
Park MV left of Centre
9.1(f)
$100
$250
Park MV in alley/lane
9.1(g)
$100
$250
Park Trailer on Highway for more than 48 hrs
9.1(h)
$100
$250
Park Commercial Vehicle in residential area
9.1(i)
$100
$250
Leave MV parked in residential area w/ engine
running for excessive period
9.1(j)
$100
$250
Park MV on Boulevard
9.1(m)
$100
$250
Park MV on Public Property w/o permission
9.1(n)
$100
$250
Park MV alongside yellow Curb
9.1(q)
$100
$250
Use Trailer or Recreational Vehicle for living
accommodation
9.1(r)
$100
$250
Park Trailer or Recreational Vehicle in excess of
time limitations
9.1(s)
$100
$250
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Bylaw No. 479-13 Page 24 of 24
Park MV where Prohibited by a Traffic Control
Device
9.1(t)
$100
$250
Exceed Two Hour Parking Maximum
9.1(u)
$100
$250
OPERATION OF VEHICLES
Drive MV over fire hose
10.1
$100
$250
Drive MV in alley exceeding 20 Km/h
10.2(b)
$100
$250
Pass, attempt to pass MV in Intersection
10.3
$100
$250
BICYCLES AND MOTORCYCLES
Ride Cycle on sidewalk
12.2
$100
$250
Person under 16 years of age operating motorcycle
on Highway
12.3
$100
$250
Operate Cycle at Night w/o proper lights
12.6
$100
$250
Operate mini bike on Highway
12.7
$100
$250
HEAVY TRUCKS
Operate Heavy Truck off truck route
13.2
$250
$500
Park Heavy Truck off truck route
13.3
$250
$500
Use Engine Retarder Brake in Village
13.8
$250
$500
Operate Heavy Truck overweight in Village
13.9
$250
$500
OFF HIGHWAY VEHICLES
Operate OHV in excess of 15 Km/h
14.1(a)
$100
$250
Operate OHV between 10pm and 8am
14.1(b)
$100
$250
Operate OHV on Village property
14.1(d)
$100
$250
Operate OHV w/o License Plate attached
14.1(e)
$100
$250
Operate unregistered OHV on Highway
14.1(f)
$250
$500
Operate Uninsured OHV on Highway
14.1(g)
$250
$500
Operate OHV on Highway w/o helmet
14.1(h)
$100
$250
OTHER
Failure to return Village property
15.1
$100
$250
Smoking in Village building
15.2
$100
$250
Carry loaded Firearm
15.3
$100
$250
Discharge Firearm
15.4
$100
$250