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{B2464786.DOCX;2}
VILLAGE OF MARWAYNE
BYLAW No. 558-17
TRAFFIC BYLAW
A BYLAW OF VILLAGE OF MARWAYNE, IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF REGULATING THE USE OF HIGHWAYS UNDER THE DIRECTION, CONTROL
AND MANAGEMENT OF THE MUNICIPALITY AND THE PARKING OF VEHICLES ON SUCH
HIGHWAYS AND ON PRIVATELY OWNED PROPERTY LOCATED WITHIN THE
MUNICIPALITY
WHEREAS pursuant to section 13 of the Traffic Safety Act the council of a municipality may, with
respect to highways under its direction, control and management, pass bylaws not inconsistent
with the Traffic Safety Act respecting matters enumerated therein;
AND WHEREAS pursuant to section 14 of the Traffic Safety Act the council of a municipality may
pass bylaws governing the parking of vehicles on privately owned property;
AND WHEREAS pursuant to section 108 of the Traffic Safety Act the council of a municipality
may pass bylaws prescribing speed limits that are different from the speed limits established in
that Act;
AND WHEREAS pursuant to section 48 of the Highways Development and Protection Act the
council of a municipality may pass bylaws regulating the placing of roadside improvements on
privately owned property;
AND WHEREAS pursuant to section 7 of the Municipal Government Act the council of a
municipality may pass bylaws for municipal purposes respecting the safety, health and welfare of
people and the protection of people and property and the enforcement of bylaws;
NOW THEREFORE, the Council for VILLAGE OF MARWAYNE, in the Province of Alberta, duly
assembled, enacts as follows:
PART 1 - SHORT TITLE
1
This Bylaw may be cited as the "Traffic Bylaw".
PART 2 - INTERPRETATION AND APPLICATION
Definitions
2(1)
In this Bylaw, words shall have the same meanings as in the Traffic Safety Act and
Regulations thereunder except as otherwise defined below.
(2)
In this Bylaw:
(a)
"Boulevard" means that part of a highway that is not a roadway and includes a
ditch that forms part of a highway;
(b)
"Chief Administrative Officer" means the Chief Administrative Officer for the
Municipality, or his or her delegate;
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(c)
"Council" means the municipal council of VILLAGE OF MARWAYNE;
(d)
"Curb" means the actual curb, if there is one, and if there is no curb in existence,
it shall mean the edge of the roadway;
(e)
"Heavy Vehicle" means a Vehicle, or a Vehicle with a Trailer attached, that has a
gross weight of 6100 kilograms or more, with or without load, excluding
Recreational Vehicles;
(f)
"Municipality" means the municipal corporation of VILLAGE OF MARWAYNE,
and includes the geographical area within the boundaries of VILLAGE OF
MARWAYNE where the context so requires;
(g)
"Municipal Tag" means a tag or similar document issued by the Municipality
pursuant to the Municipal Government Act for the purpose of notifying a Person that
an offence has been committed for which a prosecution may follow;
(h)
"Parade or Procession" means a group of Vehicles, animals, pedestrians or
combination thereof on a highway which is likely to block, obstruct, impede, hinder
or otherwise interfere with pedestrian or vehicular traffic, excluding a funeral
procession or military parade;
(i)
"Park", "Parking", or "Parked" means to allow a Vehicle, whether occupied or
not, to remain stationary in one place, except:
(i)
when standing temporarily for the purpose of and while actually engaged in
loading or unloading passengers, or
(ii)
when complying with a direction given by a Peace Officer or Traffic Control
Device;
(j)
"Peace Officer" means a member of the Royal Canadian Mounted Police, a
Community Peace Officer whose appointment includes enforcement of the
Municipality's Bylaws, or a Bylaw Enforcement Officer appointed by the
Municipality;
(k)
"Person" means any individual, firm, partnership, association, corporation, trustee,
executor, administrator or other legal representative;
(l)
"Recreational Vehicle" means a Vehicle designed to provide temporary living
accommodation for travel, vacation, or recreational use, and to be driven, towed or
transported, some examples of which include, without restricting the generality of
the foregoing, a motor home, holiday trailer, camper, tent trailer and any bus or
truck converted to provide temporary living accommodation;
(m)
"Traffic Control Device" means any temporary or permanent sign, signal, marking
or device placed, marked or erected under the authority of this Bylaw for the
purpose of regulating, warning or guiding traffic or governing Parking;
(n)
"Trailer" means a Vehicle so designed that it may be attached to or drawn by a
vehicle or implement of husbandry, and intended to transport property or persons,
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but does not include machinery or equipment used in the construction or
maintenance of highways;
(o)
"Vehicle" means a device in, upon or by which a person or thing may be
transported or drawn upon a highway and includes a combination of Vehicles, but
does not include a mobility aid;
(p)
"Violation Ticket" means a ticket issued pursuant to either Part 2 or Part 3 of the
Provincial Offences Procedure Act.
PART 3 - OPERATIONAL RESTRICTIONS
Maximum Speeds
3
A maximum speed in excess of or less than 50 kilometers per hour is hereby provided on
the described portions of highway set out in Schedule "A".
Compliance with Traffic Control Devices
4
No Person shall operate or Park a Vehicle in contravention of a Traffic Control Device.
Road Bans
5(1)
No Person shall operate a Vehicle on a highway that is subject to a road ban if the weight
of the carrying axle or axle group of the Vehicle exceeds the specified percentage axle
weight imposed by the road ban.
(2)
Subsection (1) is subject to any provincial legislation exempting certain Vehicles from road
bans or permitting an increased specified percentage of axle weight.
Funeral Processions
6
Any Person operating a Vehicle participating in a funeral procession, other than the lead
Vehicle in the funeral procession, may, during daytime hours, drive the Vehicle into an
intersection without stopping the Vehicle if:
(a)
the Vehicle's headlamps and warning lamps are alight,
(b)
the Vehicle is travelling immediately behind the Vehicle in front of it in the funeral
procession so as to form a continuous line of traffic,
(c)
the lead Vehicle in the funeral procession is showing a purple flashing light, and
(d)
the passage through the intersection can be made in safety.
Authorized Parades or Processions
7(1)
No Person shall organize, conduct or take part in any Parade or Procession unless a
permit authorizing the Parade or Procession has been issued by the Chief Administrative
Officer.
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(2)
No person shall contravene any conditions of a permit issued by the Chief Administrative
Officer or the provisions of this Bylaw governing Parades or Processions.
(3)
Where the organizers or leaders of a Parade or Procession or any Person, animal, Vehicle
or equipment participating in the Parade or Procession contravenes any conditions of a
permit granted by the Chief Administrative Officer or the provisions of this Bylaw governing
Parades or Processions, the permit holder, Person responsible for the contravention, or
any or all of them are guilty of an offence.
(4)
During an authorized Parade or Procession, all spectators shall remain on the sidewalk or
edge of the roadway if there is no sidewalk.
(5)
An application for a permit for a Parade or Procession may be made in writing to the
Municipality and shall include:
(a)
a description of the proposed Parade or Procession and its purpose;
(b)
the name of the Person or organization responsible for sponsoring and organizing
the proposed Parade or Procession;
(c)
the date and times of the proposed Parade or Procession; and
(d)
details of the proposed route including a map with the proposed route indicated.
Engine Retarder Brakes
8
No Person shall use engine retarder brakes within the Municipality.
Vehicles with Loads
9(1)
No Person shall operate a Vehicle on a highway with any loose material on the exterior of
the Vehicle.
(2)
No Person shall operate a Vehicle containing any load on a highway unless the load has
been secured to prevent any part of it from falling onto the highway.
Tracking Material
10(1) No Person shall operate a Vehicle on a highway so as to track any earth, sand, gravel or
other material on the highway.
(2)
A Person tracking material contrary to subsection (1) shall, in addition to any penalty that
may be imposed under this Bylaw, be liable to clean up or remove the material tracked
upon the highway and in default the Municipality may clean up or remove the material at
the expense of the Person tracking.
Spike/Lugs Prohibited
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11(1) No Person shall operate a Vehicle on a highway with spikes, lugs, cleats, bands or other
items projecting from the surface of the wheel or tire.
(2)
A Person operating a Vehicle contrary to subsection (1) shall, in addition to any penalty
that may be imposed under this Bylaw, be liable for all costs incurred by the Municipality
to repair any damage.
PART 4 - PARKING
Parking within Spaces
12
A Vehicle Parked on a highway in a location marked by lines or otherwise shall be parked
wholly within the marked parking space.
Parallel Parking
13(1) A Vehicle Parked on a highway shall be parked with:
(a)
the sides of the Vehicle parallel to the Curb, and
(b)
the right hand wheels of the Vehicle not more than 50 centimeters from the right
hand Curb;
(2)
Notwithstanding subsection (1), a motor cycle may be parked with:
(a)
a wheel of the motor cycle not more than 50 centimeters from the Curb, and
(b)
the motor cycle angled in the direction of travel authorized for the traffic lane that is
adjacent to the lane on which the motor cycle is parked.
(3)
The parallel Parking provisions in this Part do not apply where angle Parking is permitted
or required.
Prohibited Parking
14
Unless permitted or required by a Traffic Control Device, no Person shall stop or Park a
Vehicle:
(a)
On a highway adjacent to a Curb or sidewalk that has been marked by being painted
in a solid colour;
(b)
On a sidewalk or Boulevard;
(c)
On a crosswalk or any part of a crosswalk, or within 5 meters of the near side of a
crosswalk;
(d)
In any driveway, lane or other location designated as a fire lane, an emergency
access zone or otherwise being for the use of emergency vehicles;
(e)
to the left of the center line of a highway facing oncoming traffic;
(f)
On a highway in a manner that blocks or obstructs:
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(i)
a doorway to a building; or
(ii)
the approach to any fire station, police station, hospital or other place where
emergency vehicles require regular access;
(g)
At an intersection within 5 meters to the projection of the Curb or edge of the
roadway;
(h)
Within an intersection other than immediately next to a curb in a "T" intersection;
(i)
Within 5 meters of any approach to any stop or yield sign;
(j)
Within 5 meters of any fire hydrant or, when the hydrant is not located at the Curb,
within 5 meters of the point on the Curb nearest to the fire hydrant;
(k)
Alongside or opposite any street excavation or obstruction when stopping or
Parking would obstruct traffic;
(l)
At any other place where a Traffic Control Device prohibits stopping or Parking,
during such times as stopping or parking is so prohibited;
(m)
On the roadway side of a Vehicle parked or stopped at the Curb or edge of a
highway;
(n)
Within 1.5 meters of an access to a garage, private road or driveway or a Vehicle
crossway over a sidewalk;
(o)
At any angle to the Curb in a cul-de-sac unless that Vehicle is parked in such a
manner so as not to interfere with the free flow of traffic in the cul-de-sac;
(p)
In an alley, unless the Vehicle is a commercial vehicle with hazard warning lights
alight and in the process of loading or unloading of goods or passengers;
(i)
Notwithstanding subsection (p), a commercial vehicle shall not be parked in
an alley for more than 30 minutes; and
(ii)
Nothing in subsection (p) permits a Person to park a Vehicle in an alley in a
manner that blocks or obstructs the movement of traffic;
(q)
On any bridge or on any approach to a bridge;
(r)
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; or
(s)
In such a manner that may obstruct the safe movement of traffic and pedestrians
using the roadway.
Parking Reserved for Disabled Persons
15
A Vehicle shall not be Parked on a highway in any location identified as being reserved
for the use of Persons with disabilities unless the Vehicle:
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(a)
displays a valid disabled placard or license plate issued or recognized by the
Registrar of Motor Vehicles; and
(b)
is being used for the transportation of a Person with a disability.
Heavy Vehicle Parking
16
No Person may Park a Heavy Vehicle in a location adjoining residential property, except:
(a)
commercial vehicles with the hazard warning lamps alight and in the process of
loading or unloading goods; or
(b)
construction equipment being used during construction or improvement of property,
provided that the equipment is parked adjacent to the property where the work is
being done.
Recreational Vehicle Parking
17(1) In this section, "Owners Residence" means the Recreational Vehicle owner's residence
as shown in the records of the Motor Vehicle Registry.
(2)
No Person shall Park a Recreational Vehicle on a highway unless it is Parked in a location
completely adjoining the Owner's Residence, such that the Recreational Vehicle is Parked
on the side of the highway nearest to the Owner's Residence and is located, in its entirety,
immediately adjacent to the parcel of land on which the Owner's Residence is located.
(3)
A Recreational Vehicle may only be parked on a highway between May 1 and October 15.
(4)
A Recreational Vehicle Parked pursuant to subsection (2):
(a)
shall not be Parked for more than 48 consecutive hours; and
(b)
shall be removed to an off-highway location for at least 48 consecutive hours before
it may be parked again on a highway.
(5)
No Person shall occupy a Recreational Vehicle Parked on a highway.
(6)
For greater certainty, section 23 applies to a Recreational Vehicle that is a Trailer.
Parking in Recreational Areas
18
No Person shall Park a Vehicle on any land owned or controlled by the Municipality and
which the Municipality uses or permits to be used as a playground, recreation area, public
park, or campground except in a developed parking lot or other area specifically
designated for the Parking of Vehicles.
Private Property with Public Access
19(1) No Person shall Park a Vehicle on privately owned property to which Vehicles driven by
members of the public generally have access unless the permission or authorization of
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the owner of the property or Person having possession or control of the property has been
given for such Parking.
(2)
Subsection (1) applies only where the privately owned property has been clearly identified
as having restrictions on Parking.
(3)
A Vehicle on privately owned property to which Vehicles driven by members of the public
generally have access Parked in contravention of any specific restrictions on Parking
identified for the location is presumed to be Parked without the permission or authorization
in subsection (1).
Private Property without Public Access
20(1) No Person shall Park a Vehicle on privately owned property to which Vehicles driven by
members of the public generally do not have access, but on which the owner of the
property or a Person having possession or control of the property may Park or otherwise
keep Vehicles, unless the permission or authorization of the owner of the property or
Person having possession or control of the property has been given for such Parking.
(2)
Subsection (1) applies only where the privately owned property has been clearly identified
as having restrictions on Parking.
Abandoned Vehicle
21(1) No Person shall abandon a Vehicle on a highway.
(2)
Without restricting the generality of subsection (1), a Vehicle that is left standing in one
location on a highway for more than 72 consecutive hours is deemed to have been
abandoned at that location.
Highway Maintenance
22(1) The Chief Administrative Officer may cause temporary "No Parking" signs to be placed on
or near a highway for maintenance or construction purposes.
(2)
The owner of a Vehicle which remains Parked in an area where Parking has been
prohibited pursuant to subsection (1) for a period of 12 hours subsequent to the placement
of the appropriate signs shall be in contravention of this section.
Trailers
23
No Person shall Park any Trailer on a highway unless the Trailer is attached to a Vehicle
by which it may be propelled or drawn. When so attached, the Trailer will be deemed to
be part of the Vehicle it is attached to for the purposes of this Bylaw.
Vehicles on Jacks
24
No Person shall leave a Vehicle unattended on a highway if the Vehicle has been placed
on a jack or similar device and:
(a)
one or more of the wheels have been removed from the Vehicle; or
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(b)
part of the Vehicle is raised off of the ground.
Garage and Service Stations
25
No Person in control of a garage, service station, Vehicle accessories store, stereo shop
or other premises where repairs or installations are made on Vehicles for compensation
shall Park, or permit to be parked on any highway a Vehicle that is left in the Person's
possession for the carrying out of repairs, installations or for any other purpose.
PART 5 - USE OF STREETS AND SIDEWALKS
Littering
26
No Person shall place, cause to be placed or permit to be placed any litter, refuse,
substance or thing of any kind on any highway.
Unauthorized Signs
27(1) No Person shall place, cause to be placed or permit to be placed a sign, notice or other
object upon a highway or upon abutting public lands, without proper authority or a permit
issued by the Chief Administrative Officer.
(2)
For the purposes of subsection (1), any individual or corporation referred to on a sign,
whether directly or indirectly, is presumed to have placed the sign or caused or permitted
the sign to be placed.
Vehicle Fluids
28
No Person shall drain lubricating oils or any fluids associated with the operation of a
Vehicle upon a highway.
Extension Cords
29
No Person shall place, cause to be placed or permit to be placed, an electrical extension
cord across a sidewalk, Boulevard or driveway in a manner which, in the opinion of a
Peace Officer, may pose a hazard to Persons or property.
Material on Sidewalks/Roadways
30
No Person shall place, cause to be placed or permit to be placed any earth, sand, gravel,
grass, leaves, snow, ice, debris or other materials upon any sidewalk or roadway.
Fires and Emergency Site Management
31(1) No Person shall pass beyond a point designated by a Peace Officer or a member of the
Fire Department.
(2)
No Person shall drive a Vehicle over any fire hose unless directed to do so by a Peace
Officer or a member of the Fire Department.
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Sidewalk Obstructions
32
No Person shall place, cause to be placed or permit to be placed any goods, wares,
merchandise, or any other articles upon a highway outside of a shop, warehouse, or
building so as to obstruct pedestrian or vehicular traffic.
Pedestrians
33(1) No Person shall stand or be in any other position on a sidewalk so as to obstruct the
entrance to a building.
(2)
No Person shall stand or be in any other position on a highway so as to obstruct
pedestrians or Vehicles using the highway.
(3)
Where a Peace Officer has reasonable grounds to determine that a Person is in
contravention of subsection (1) or (2), the Peace Officer may direct that Person to disperse
immediately and any Person receiving such a direction from a Peace Officer that fails to
immediately comply with that direction shall be guilty of an offence.
(4)
Subsections (1) and (2) do not apply to Persons participating in or assembled to watch a
Parade or Procession for which a permit has been issued pursuant to this Bylaw.
Damage to Traffic Control Devices
34
No Person shall climb upon, interfere with, damage, deface, remove, alter or destroy a
Traffic Control Device.
Highway Obstructions
35
No Person shall cause or permit any building, structure, fixture, road, tree, shrub, hedge,
fence, sign, notice, advertising device, light or other object on property they own or occupy
to:
(a)
cause a drifting or accumulation of snow on a highway;
(b)
damage a highway;
(c)
obstruct the vision of pedestrians or drivers of Vehicles on a highway; or
(d)
create a hazard or obstruction to vehicular or pedestrian traffic on the highway.
PART 6 - MISCELLANEOUS
Permits
36(1) The Chief Administrative Officer may issue permits in relation to activities governed by this
Bylaw on such terms and conditions as the Chief Administrative Officer deems
appropriate.
(2)
A Person to whom a permit has been issued pursuant to this Bylaw and any Person
carrying out an activity otherwise regulated, restricted or prohibited by this Bylaw pursuant
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to such permit, shall comply with any terms or conditions forming part of the permit and
shall produce the permit to a Peace Officer upon request.
(3)
A Person shall not make any false or misleading statement or provide any false or
misleading information to obtain a permit pursuant to this Bylaw.
(4)
If any term or condition of a permit issued pursuant to this Bylaw is contravened or if a
false or misleading statement or false or misleading information was provided to obtain
the permit, in addition to any other remedy available to the Municipality, the Chief
Administrative Officer may immediately cancel the permit.
(5)
The onus of proving a permit has been issued in relation to any activity otherwise
regulated, restricted or prohibited by this Bylaw is on the Person alleging the existence of
such a permit on a balance of probabilities.
PART 7 - AUTHORITY OF MUNICIPAL OFFICIALS
Authority of the Chief Administrative Officer
37
Without restricting any other power, duty or function granted by this Bylaw, the Chief
Administrative Officer is authorized to:
(a)
Carry out any inspections to determine compliance with this Bylaw
(b)
Take any steps or carry out any actions required to enforce this Bylaw;
(c)
Take any steps or carry out any actions required to remedy a contravention of this
Bylaw;
(d)
Establish areas where activities restricted by this Bylaw are permitted;
(e)
Establish forms for the purpose of this Bylaw;
(f)
Establish the criteria to be met for a permit pursuant to this Bylaw;
(g)
Issue permits and licenses with such terms and conditions as are deemed
appropriate;
(h)
Prescribe the location and placement of any Traffic Control Device in the
Municipality and keep or cause to be kept a record of such locations and
placements;
(i)
Impose road bans on any highway and designate the period of time that the road
bans are in effect;
(j)
Temporarily close any highway for the purpose of repairs, maintenance or other
valid reason or in the case of an emergency;
(k)
Cause moveable signs to be placed on or near a highway;
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(l)
Designate school zones and playground zones and cause such zones to be
marked by the appropriate Traffic Control Device;
(m)
Designate crosswalks upon any highway, and may cause them to be marked with
signs or lines painted on the surface of the highway;
(n)
Designate any area as one in which Parking privileges are temporarily suspended
in whole or in part to traffic and cause the area to be marked with Traffic Control
Devices;
(o)
Designate any Boulevard upon which Parking is permitted and cause Traffic
Control Devices permitting such Parking to be erected; and
(p)
Delegate any powers, duties or functions under this Bylaw to an employee of the
Municipality.
PART 8 - AUTHORITY OF PEACE OFFICERS
Chalking Tires
38
In order to determine the time period over which a Vehicle has been Parked in a location,
a Peace Officer may place an erasable chalk mark on the tread face of the tire of a Parked
Vehicle, or use any other reasonable method capable of determining the time period over
which a Vehicle has been Parked, without the Peace Officer incurring any liability relating
thereto.
Towing
39(1) A Peace Officer may cause any Vehicle to be removed and impounded when the Vehicle
is parked in contravention of this Bylaw or where emergency conditions require that the
Vehicle be removed.
(2)
Any Vehicle removed pursuant to subsection (1) may be moved to:
(a)
a nearby highway; or
(b)
a place designated by the Municipality where it will remain impounded until claimed
by its owner.
(3)
Any Vehicle impounded pursuant to subsection (2) (b) may be released to its owner upon
payment of any costs imposed for towing and storage.
(4)
Where a Vehicle is impounded pursuant to subsection (2)(b) and is not claimed within
thirty (30) days of its removal, the Vehicle may be disposed of in accordance with the
provisions of the Traffic Safety Act and the regulations thereunder.
Municipal Tags
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40(1) A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any
Person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
(2)
A Municipal Tag may be served:
(a)
personally to the accused;
(b)
mailed to the address of the registered owner of the Vehicle concerned, or the
Person concerned; or
(c)
attached to or left upon the Vehicle with respect of which the offence is alleged to
have been committed.
(3)
The Municipal Tag shall be in a form approved by the Chief Administrative Officer and
shall state:
(a)
the name of the Person to whom the Municipal Tag is issued, if known;
(b)
a description of the offence and the applicable Bylaw section;
(c)
the appropriate penalty for the offence as specified in Schedule "B" of this Bylaw;
(d)
that the penalty shall be paid within fourteen (14) days of the issuance of the
Municipal Tag in order to avoid prosecution; and
(e)
any other information as may be required by the Chief Administrative Officer.
(4)
Where a contravention of this Bylaw is of a continuing nature, further Municipal Tags may
be issued by a Peace Officer, provided that no more than one Municipal Tag shall be
issued for each day that the contravention continues.
(5)
A Person to whom a Municipal Tag has been issued may pay the penalty specified on the
Municipal Tag and if the amount is paid on or before the required date, the Person will not
be prosecuted for the offence.
(6)
Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation
Ticket.
Violation Tickets
41(1) Where a Municipal Tag has been issued and the penalty specified on the Municipal Tag
is not paid within the prescribed time, a Peace Officer is hereby authorized and
empowered to issue a Violation Ticket.
(2)
Notwithstanding subsection (1), a Peace Officer may immediately issue a Violation Ticket
to any Person whom the Peace Officer has reasonable and probable grounds to believe
has contravened any provision of this Bylaw.
(3)
A Violation Ticket issued with respect to a contravention of this Bylaw shall be served upon
the Person responsible for the contravention in accordance with the Provincial Offences
Procedure Act.
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(4)
Subject to the Provincial Offences Procedure Act and the regulations thereunder, if a
Violation Ticket is issued in respect of an offence, the Violation Ticket may:
(a)
specify the fine amount established by this Bylaw for the offence in Schedule "B";
or
(b)
require a Person to appear in court without the alternative of making a voluntary
payment.
(5)
A Person who commits an offence may:
(a)
if a Violation Ticket is issued in respect of the offence; and
(b)
if a Violation Ticket specifies the fine amount established by this Bylaw for the
offence;
make a voluntary payment equal to the specified fine.
(6)
When a clerk records in the Court records the receipt of a voluntary payment pursuant to
this Bylaw and the Provincial Offences Procedure Act, the act of recording receipt of that
payment constitutes acceptance of the guilty plea and also constitutes a conviction and
the imposition of a fine in the amount of the specified penalty.
PART 9 - PENALTIES
Offence
42
A Person who contravenes or fails to comply with any provision of this Bylaw is guilty of
an offence and is liable to a fine in an amount not less than that established in this Part
and not exceeding $10,000.00.
Specified Penalties
43
Without restricting the generality of section 42, the fine amounts established for use on
Municipal Tags and Violation Tickets if a voluntary payment option is offered are as set
out in Schedule "B".
Owner Liable
44(1) In this Part "owner" includes any Person registered as an owner at the Motor Vehicle
Registry.
(2)
If a Vehicle is involved in an offence under this Bylaw, the owner of that Vehicle is guilty
of an offence.
(3)
Subsection (2) does not apply if the owner of the Vehicle satisfies the court that, at the
time that the Vehicle was involved in an offence:
(a)
In the case of a Vehicle that was in motion,
(i)
the owner of the Vehicle was not driving the Vehicle, and
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(ii)
no other Person was driving the Vehicle with the owner's expressed or
implied consent,
and
(b)
In the case of a Vehicle or that was Parked,
(i)
the owner did not Park the Vehicle, and
(ii)
no other Person Parked the Vehicle with the owner's expressed or implied
consent.
(4)
An owner who is guilty of an offence under subsection (2) is not liable to imprisonment in
respect of that offence or in respect of a default of a fine imposed in respect of that offence.
PART 10 -
GENERAL
Severability
45
Should any provision of this Bylaw be invalid, then such provision shall be severed and
the remaining Bylaw shall be maintained.
Bylaw Schedules
46
Schedules "A" and "B" attached hereto shall form part of this Bylaw.
Repeal
47
The following Bylaw, as amended, are hereby repealed: Bylaw 457-05
Effective Date
48
This Bylaw takes effect upon being passed.
READ a first time this10th day of October, 2017.
READ a second time this 10th day of October, 2017.
READ a third time this 10th day of October, 2017.
SIGNED AND PASSED this 10th day of October, 2017.
Morgan Wood, Mayor
Joanne Horton, Chief Administrative Officer
Bylaw 558-17
Traffic Bylaw
Page 16 of 16
SCHEDULE "A"
Speed Limit Exceptions
Not applicable for Village of Marwayne.
SCHEDULE "B"
Penalties
Section
Infraction
Penalty
Municipal Tag
Violation Ticket
First
Offence
Second or
Subsequent
Offence
within 6
months of
prior offence
First
Offence
Second or
Subsequent
Offence
within 6
months of
prior offence
Part 3 -
Operational
Restrictions
All Sections
$75.00
$150.00
$125.00
$250.00
Part 4 -
Parking
All Sections
except 15, 16, 17
and 23
$75.00
$150.00
$125.00
$250.00
Section 15
Parking reserved
for disabled
person Violation
$75.00
$150.00
$125.00
$250.00
Section 16
Heavy Vehicle
Parking Violation
$75.00
$150.00
$125.00
$250.00
Section 17
Recreational
Vehicle parking
violation
$75.00
$150.00
$125.00
$250.00
Section 23
Trailer Parking
Violation
$75.00
$150.00
$125.00
$250.00
Part 5 - Use
of Streets
and
Sidewalks
All Sections
except 31
$75.00
$150.00
$125.00
$250.00
Section 31
Violation
concerning fires
and emergency
site management
$125.00
$250.00
$175.00
$350.00