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BYLAW 10/16
Town of Lamont
A BY--LAW OF THE TOWN OF LaMONT
IN THE PROVINCE OF ALBERTA
BYLAW NO. 10/16
TRAFFIC BYLAW
WHEREAS the Traffic Safety Act, Revised Statutes of Alberta 2000, Chapter T--6 and all
amendments and successors thereto, Section 13, Section 14 and Section 15 empowers the Town
Council to pass By--laws dealing with the regulation, control and management of vehicle, animal
and pedestrian traffic;
AND WHEREAS the aforesaid Section 13 in part reads as follows:
Subject to this Act and the Dangerous Goods Transportation and Handling Act, the council of a
municipality may, with respect to a highway under its direction, control and management, make
By--laws that are not inconsistent with this Act doing the following;
(a)
governing the use of highways;
(b)
governing the parking of vehicles;
(c}
governing the establishment and use of parking places
that are for the exclusive use ofpersons with
disabilities who display on their vehicles a disabled
placard or license plate that is issued or recognized by the Registrar;
{(d)
governing access to highways from private land;
(e)
governing fees charged with respect to the parking of
vehicles;
(f)
classifying motor vehicles and other vehicles and
pedestrians for any purposes involving the use of
streets, lanes and other public places;
(g)
with respect to noise produced in connection with a
vehicle,
(1)
defining what constitutes an objectionable noise,
(i1}
establishing a method of determining or measuring
noise, and
{ii1)
prohibiting the use or operation of a vehicle where
the noise produced in connection with that vehicle is
objectionable noise;
(h)
governing the turning of vehicles at intersections;
(1)
governing the encumbering ofhighways;
)
governing, subject to sections 77 to 79, the impounding
and removal of vehicles
(i)
in respect of which parking fees are payable,
(i1)
that are parked in an area where parking is
prohibited, or
(iii)
that are parked in contravention of this Act or a
bylaw;
(k)
governing the licensing of bicycles;
(1)
governing the impounding ofbicycles, skateboards and
similar devices;
(m)
governing parades and processions;
(n)
governing closing or restricting the use of a highway;
(0)
authorizing the municipality to issue a license or
permit that is terminable on 30 days' notice in writing
for the temporary occupation or use of a road allowance
or highway or a portion of a road allowance or highway
when it is not required for public use;
(P)
restricting the use of specific traffic lanes to
vehicles carrying a prescribed number of passengers;
(q)
restricting the use of specific traffic lanes to specific vehicles or classes of
vehicles;
(1)
governing the issuing of tags, tickets or other
Page 1 of 10
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BYLAW 10/16
Town of Lamont
documents;
(s)
governing the placing of tags, tickets or other
documents on vehicles;
(t)
governing the marking of tires on vehicles for the
purpose of enforcing parking bylaws;
(u)
governing the employing of or engaging the services of
persons to enforce bylaws made with respect to the
parking of vehicles;
(v)
designating routes for vehicles or classes of vehicles;
(w)
restricting the weight of vehicles or of vehicles and
the goods being carried by the vehicles;
(x)
prescribing or otherwise providing for penalties with
respect to the contravention of a bylaw made under this
Division.
AND WHEREAS the aforesaid Section 15 in part reads as follows:
(1)
The authority to make a By--law under this Act governing or
respecting any matter includes the authority to make
prohibitions in respect of that matter.
(2)
The authority to make a By--law under this Act includes the
authority to specify that a contravention of or a
failure to comply with the By--law is an offence.
NOW THEREFORE the Municipal Council of the Town of Lamont hereby
enacts a Bylaw to regulate vehicle, animal and pedestrian traffic in the Town of
Lamont.
DEFINITIONS
This Bylaw may be cited as "The Lamont Traffic Bylaw".
1.
DEFINITIONS
"Alley" means a narrow highway providing access to the rear of buildings and
parcels of land.
"Bicycle" includes any cycle propelled by human power upon which a person may
ride, regardless of the number of wheels it may have.
"Boulevard" means, in an urban area, that part of a highway that:
(a)
Is not a roadway, and;
(b)
Is that part of the sidewalk that is not especially adapted to the use of or
ordinarily used by pedestrians.
"Center Line" means:
(a)
The center of a roadway measured from the curbs or, in the absence of
curbs, from the edges of the roadway, or
the line dividing the lanes for traffic moving in opposite directions
"Town" means the Town of Lamont in the Province ofAlberta.
"Town Manager" means the ChiefAdministrative Officer of the Town or
his/her delegate.
"Commercial Vehicle" shall bear the definition ascribed to
it by The Highway
Traffic Act, Revised Statutes of Alberta 1980, Chapter H--7, and all amendments and
successors thereto.
"Council" means the municipal Council of the Town of Lamont.
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BYLAW 1016
Town of Lamont
E
Page 3 of 10
"Crosswalk" means:
(a)
That part of a roadway at an intersection included within the connection of
the lateral line of the sidewalks on opposite sides of the highway measured
from the curbs, or in the absence of curbs, from the edges of the roadway,
or
(b)
Any part of a roadway at an intersection or elsewhere distinctly indicated
for pedestrian crossing by traffic control devices or by line or by other
markings on the road surface.
"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, as the case may be.
"Highway" means any thoroughfare, street, road, trail, avenue, parkway, viaduct,
lane, alley, square, bridge, causeway, trestle way or other place, whether publicly or
privately owned, any part ofwhich the public is ordinarily entitled or permitted to use
for the passage or parking ofvehicles, and includes:
(a}
A sidewalk (including a boulevard portion thereof),
(b)
Where a ditch lies adjacent to and parallel with the roadway, the ditch,
and;
(c)
Where a highway right--of--way is contained between property lines or
between a property line and one side of the roadway, all land between the
property line and the edge of the roadway.
"Holiday" means:
(a)
New Year's Day, Family Day (the Third Monday in February),
Good Friday, Easter Monday, Victoria Day, Canada Day, Civic
Holiday,
Labour
Day,
Thanksgiving
Day,
Remembrance
Day,
Christmas Day, Boxing Day.
"Intersection" means the area embraced within the prolongation or connection of
(a)
The lateral curb lines or, if none,
(b)
The exterior edges of the roadways,
of two or more highways, which join one another at an angle whether or not, one
highway crosses the other.
"Maximum Allowable Weight" means the weight that may be bomme by a single
axle, an axle group or all of the axles of a public vehicle as established by the Public
Vehicle Weight Regulations of the Motor Transport Act of the Province of Alberta.
"Owner" means in the case of land, any person who is registered under the Land
Titles Act as the owner of the land.
"Parade" or "Procession", with the exception of a military parade or funeral
procession shall mean any group of
(a)
More than ten (10) pedestrians, or
(b)
More than two (2) vehicles, or
{c)
Any combination of pedestrians and vehicles, which together exceed ten
(10) in number
on a highway that is likely to block, obstruct, impede, hinder or otherwise interfere
with pedestrian or vehicular traffic on the highway.
"Park", when prohibited, means allow a vehicle (whether occupied or not) to remain
standing in one place, except
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BYLAW 10/16
Town of Lamont
(a)
When standing temporarily for the purpose of and while actually engaged
in loading or unloading passengers, or
(b)
When standing in obedience to a Peace Officer or traffic control device.
"Parkland" means any land used as a playground or recreation area and includes any
public park, parkway, boulevard or square.
"Peace Officer" means a member of a Royal Canadian Mounted Police,
a Bylaw
Enforcement Officer or Special Constable appointed pursuant to the provisions of
Section 38 of the Police Act, Revised Statutes of Alberta, 1980, Chapter P--12 and all
amendments and successors thereto.
"Pedestrian" means a person afoot or a person in a wheel chair.
"Person" includes any individual, corporation, society, association, partnership or
firm.
"Poster" means a printed or inscribed placard, advertisement or notice without its
own support structure, put up in a public place.
"Public Place" means any highway, parkland, public bridge, road, lane, footway,
square, court, alley or passage, whether a thoroughfare or not, and includes any open
space to which the public have or are not permitted to have access whether on
payment or otherwise, that is owned by the Town of Lamont.
"Recreational Vehicle" means a vehicle or trailer that is designed, constructed and
equipped, either temporarily or permanently, as a dwelling place, living abode or
sleeping place.
"Roadway" means that part of a highway intended for use by vehicular traffic.
"Sidewalk" means that part of a highway especially adapted to the use of or
ordinarily used by pedestrians, and includes that part of a highway between the curb
line (or the edge of the roadway, where there is no curb line) and the adjacent
property line, whether or not paved or improved.
"Sign" means an inscribed board, structure or device serving for advertising or
information and includes, without being limited to free--standing signs, portable signs
and banners.
"Stop" means
{(a)
When required, a complete cessation from vehicular movement, and
{b)
When prohibited, any halting even momentarily of a vehicle, whether
occupied or not, except when in compliance with the directions of a Peace
Officer or traffic control device.
'"Tow Truck" means a vehicle designed or adapted for towing of other vehicles from
place to place.
"Track" means to allow, cause or permit any substance or material of any nature or
kind whatsoever, to become loose or detached or blow, drop, spill, or fall from any
vehicle, appurtenances, or tires onto any highway.
"Traffic Control Device" shall mean any sign, signal, marking or device
placed, marked or erected for the purpose ofregulating, warning or guiding traffic.
"Trailer" means a vehicle so designed that it may be attached to or drawn by a
motor vehicle and intended to transport property or persons and includes any
trailer
that is designed, constructed and equipped as a dwelling place, living abode or
sleeping place, either permanently or temporarily, but does not include machinery or
equipment used in the construction or maintenance of highways.
"Vehicle" means a device in, upon or by which a person or thing may be transported
or drawn upon a highway.
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BYLAW 10/16
Town of Lamont
2.
PARKING -- GENERAL
Page 5 of 10
(a) No person shall park a vehicle or trailer upon any highway in such a
manner that any part of the vehicle is within three (3) meters of the center
line of the highway provided that the foregoing shall only apply to
highways where the portion thereof intended for vehicular traffic is
twelve (12) meters or more in width.
(b) No person shall parallel park a vehicle in an area designated as angel
parking only.
(c) No person shall angle park a vehicle in an area designated as parallel
parking only.
(d) No person shall parallel park in the direction against traffic flow.
(e) No person shall park a vehicle upon any portion of a highway, which is
marked with a traffic control device as "No Parking" during the period of
time indicated on the traffic control device.
(f) No person shall stop or park a vehicle in parkland.
(g) No person shall stop or park a vehicle in an alley unless a traffic control
device otherwise permits.
(h) No person shall stop a vehicle for any period of time whatsoever in a
school bus zone.
(i)
Where a vehicle parking space upon the highway is marked out or
designated, an operator using the same, shall park such vehicle wholly
within the limits of that space.
(J)
Where a traffic control device restricts the parking ofvehicles to three
hours or less, it shall be an offense to park a vehicle in excess of the time
so designated.
{k) A person driving a vehicle shall not park the vehicle at the following
locations:
{i).
on a sidewalk or boulevard;
{i1)
on a crosswalk or on any part of a crosswalk;
{iii)
within an intersection other than immediately next to the curb in
an intersection;
(iv)
at an intersection nearer than 5 metres to the projection of the curb
or edge of the roadway;
(v)
within 5 metres from the stop sign or yield sign;
(vi)
within 5 metres from any fire hydrant,
(vii)
within 1.5 metres from an access to a garage, private road or
driveway or a vehicle crossway over a sidewalk;
(viii)
within 5 metres from the near side of a marked crosswalk;
alongside or opposite any street excavation or obstruction when
the parking would obstruct traffic;
(ix)
at any place where a traffic control device prohibits parking,
during the times parking is so prohibited;
(x)
on the roadway side of a vehicle that is parked or stopped at the
curb or edge of the roadway;
(xi)
at or near the site of any fire, accident or other emergency, if
stopping or parking would obstruct traffic or hinder emergency
vehicles or peace officers, firemen, ambulance drivers or
assistants or rescue officers or volunteers;
(xii)
in an area designated for the exclusive use of persons with
disabilities.
{1)
No person shall park a vehicle at a single location on a highway for a period of
time exceeding seventy two (72) hours; such vehicle will be deemed to have been
abandoned at that location and may be removed.
M
BYLAW 10/16
Town of Lamont
A vehicle parked contrary to this section may be impounded and removed and a
complaint may be laid against the owner or person in charge of the illegally parked
vehicle.
3.
RECREATIONAL VEHICLES
No person shall park a trailer or recreational vehicle upon a highway unless the
trailer or recreational vehicle is attached to a vehicle by which it may be drawn.
An owner or operator of a recreational vehicle shall not park the recreational vehicle
on a highway in the Town, except in the area of the roadway immediately adjoining
the owner or operator's place of residence and for no more than twenty four (24)
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
the roadway immediately adjoining the owner or operator's place of residence.
4.
SNOW CLEARING
No owner of a vehicle or person operating a vehicle shall park a vehicle or permit
a vehicle to be left upon any highway in such a manner so as to block, obstruct,
impede or hinder snow clearing operations thereon from December 1 to May 1 of
each calendar year.
A vehicle parked contrary to this section may be impounded and removed and a
complaint may be laid against the owner or person in charge of the illegally parked
vehicle.
5.
VEHICLE OBSTRUCTING TRAFFIC
No owner of a vehicle or person operating a vehicle shall stop a vehicle or permit
a vehicle to be left upon any highway in such a manner so as to block, obstruct,
impede or hinder traffic thereon.
6.
TRAFFIC CONTROL DEVICES
All persons shall comply with all traffic control devices authorized under this or
any other By--law of the Town of Lamont.
7.
TRACKING
(a) No person shall drive, operate or permit to be driven or operated, any vehicle or
equipment of any nature or kind in such a manner as to track upon a highway.
(b) Any person who tracks upon a highway shall, in addition to the penalty specified,
be liable to clean up or remove the substance or material tracked upon the highway in
default of which the Town may clean up or remove such substance or material at the
expense of the person tracking.
8.
TRACKED VEHICLE
No person shall operate on a highway:
(a) A vehicle or trailer having chains, metal spikes, lugs or cleats or bands
projecting from the surface of the wheel or tire of such vehicle, or
(b) Any vehicle or trailer having skids.
9.
PARKING LARGE VEHICLES
No person shall park a vehicle or a trailer upon any highway:
(a) A Vehicle with or without a load weighing 6,000 kg (13,227lbs) or more, or
exceeding 8.5 m (27ft,10in} in length, or
(b) A Vehicle with a Trailer, with or without a load as gross Vehicle weight weighing
8,000 kg (17,636lbs) or more in total weight, or 10m (32ft,9.7in} in total length,
or
(c) A Vehicle exceeding two axles,
Page 6 of 10
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BYLAW 10/16
Town of Lamont
Except in the designated truck parking area on 47" Avenue.
This section shall not apply where a vehicle is obliged to be parked while
making deliveries in the course of its ordinary business.
A vehicle parked contrary to this section may be impounded and removed
and a complaint may be laid against the owner or person in charge of the illegally
parked vehicle.
10.
LOAD LIMITS
No person shall operate a vehicle on a highway in contravention of prohibitions stated
on a traffic control device placed in situations of unfavourable road conditions to
limit loads.
The Town Manager is hereby authorized to designate the maximum loading permitted
on any street and to cause the same to be marked by a traffic control device.
11.
ADVERTISING ON HIGHWAYS
Unless
permitted by the Town Manager,
a
person
shall
not do
any of the
following on a highway:
(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 premise.
12.
RULES FOR PARADES AND PROCESSIONS
No person shall hold or take part in any parade or procession without first obtaining a
permit from the Town Manager subject to such terms and conditions the Town
Manager deems advisable, for the parade or procession to be held.
Any person desiring to hold a parade or procession within the Town of Lamont shall
at least forty--eight (48) hours prior to the time they desire to hold the same, make
application in writing to the Town Manager and in such application shall furnish to
the Town Manager information with respect to the following, namely:
(a)
the name and address of the applicant, and if such application is an
organization, the names, addresses and occupations of the executive
thereof;
(b)
the nature and object of such parade or procession;
(c)
the day, date and hours during which it will be held;
(d)
the intended route thereof,;
(e)
the approximate number of persons and/or vehicles taking part therein;
13.
SKATING
(a)
Every person roller skating, in--line skating, skateboarding or riding a scooter
upon a sidewalk shall:
(1)
yield the right--of--way to pedestrians;
(ii)
when passing a pedestrian, or other person on a sidewalk, use care and
control required to ensure the safety of the pedestrian or other person;
(ii1i)
stay at a reasonable distance from other persons using the sidewalk, and;
(iv)
give an audible signal before overtaking a pedestrian, which signal will
be produced a reasonable time prior to overtaking, by voice, bell or other
warning device, which is audible to the pedestrian.
Page 7 of 10
}1 M
BYLAW 1016
Town of Lamont
(b) No person shall ride a bicycle, roller skate, in--line skate, skateboard or ride a
scooter upon a sidewalk at any rate of speed that is unreasonable having regard
to
the nature, condition, and use of the sidewalk and the amount and kind of
pedestrian traffic that is or might reasonably be expected to be on the sidewalk.
(c)
No person roller skating, in--line skating, skateboarding or riding a scooter shall
cross any highway at any point other than at a crosswalk or an intersection. The
driver of a vehicle is not relieved from exercising due care.
Roller skaters, in--line skaters, skateboarders and persons riding scooters use sidewalks at
their own risk and the Town does not warrant any sidewalk as being suitable for roller
skates, in--line skates, skateboards or scooters.
14.
AUTHORITY OF THE CHIEF ADMINISTRATIVE OFFICER
(a) The Council delegates to the Chief Administrative Officer, the authority to
regulate and control the use of all highways, sidewalks and public places in the
Town.
(b) The Council delegates to the Chief Administrative Officer, the authority to
authorize and prescribe where traffic control devices are to be located.
Failure to locate a traffic control device does not relieve a person from complying
with this By--law.
{c) The Council delegates to the ChiefAdministrative Officer, the authority
to
temporarily close any town highway.
{d) The Council delegates to the Chief Administrative Officer, the authority to
remove or cause to be removed, and to impound any vehicle, trailer, bicycle,
motorcycle, snowmobile,
all--terrain vehicle or skateboard
that
is parked or
abandoned in contravention of this Bylaw or where emergency conditions exist
may require removal from a highway.
15.
IMPOUNDED PROPERTY
Any impounded property shall be released to the owner upon payment to the Town or
the Town's authorized agent(s) the fine, towing, transportation and storage costs
applicable to the impounded property.
In the event that an owner does not claim his property, the towing, transportation and
storage charges may be collected pursuant to Section 93 of the Motor Vehicle
Administration Act, R.S.A. 1980, Chapter M--22.
Impounded property not claimed by the owner within forty five (45) days of
impounding may be sold by public or private auction without notice to the owner and
the proceeds of the sale shall be in payment of the sale and expenses of all
impounding, storage, towing, transportation and fine.
All property impounded shall be at the risk of the owner while impounded.
16.
EXPENSES AND FINES
Page 8 of 10
Any unpaid fines under this Bylaw may be added to municipal taxes and collected in
the same manner as municipal taxes pursuant to the Municipal Government Act.
Any expense incurred by the Town for the removal of any obstruction on a highway,
placed thereon in contravention of this Bylaw, may be
recovered by 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 municipal taxes and so
recoverable pursuant to the Municipal Government Act.
BYLAW 1016
Town of Lamont
-
17.
SCHEDULE OF FINES
Fines are as set out under Schedule "A" attached hereto and forming part
of the Bylaw. Any person who contravenes this Bylaw is guilty of an offence.
18.
REPEAL
That Bylaw 13--04 is hereby repealed upon the passing of this Bylaw.
READ a First time tHis 13_oay or gFmgo1e A.D.
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PROCEED WITH THIRD READING WITH THE UNANIMOUS CONSENT OF ALL MEMBERS
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Page 9 of 10
BYLAW 10/16
Town of Lamont
Schedule "A"
Fines
Section
Offence
Fine
2
Parking
$100.00
3
Recreational Vehicles
$100.00
4
Snow Clearing
$100.00
5
Vehicle Obstructing Traffic
$100.00
6
Disobeying Traffic Control Devices
$ 100.00
7
Tracking
$ 100.00
8
Tracked Vehicle
$1,000.00
9
Parking Large Vehicles
$ 100.00
10
Load Limits
$1,000.00
11
Advertising on Highways
$100.00
12
Parades
$100.00
13
Skating
$100.00
Second occurrence of the same offence will result in a fine of two times the original amount.
Third and subsequent occurrences of the same offence will result in a fine of three times the
original amount.
Page 10 of 10