Traffic Safety Bylaw No. 4/2023

Morinville, Alberta

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TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 1 A BYLAW OF THE TOWN OF MORINVILLE, IN THE PROVINCE OF ALBERTA, TO REGULATE VEHICLE, BICYCLE, AND PEDESTRIAN TRAFFIC. WHEREAS, pursuant to section 7 of the Municipal Government Act, a Municipal Council may pass bylaws respecting: i. the safety, health, and welfare of people and the protection of people and property; ii. people, activities, and things in, on, or near a public place or place that is open to the public; iii. transport and transportation systems; and iv. the enforcement and imposing of fines and penalties for infractions of bylaws made under the Municipal Government Act or any other enactment; AND WHEREAS, pursuant to sectionS of the Municipal GovernmentAct, a Municipal Council may pass bylaws respecting: i. providing for a system of licences, permits or approvals; and ii providing for an appeal, the body that is to decide the appeal and related matters; AND WHEREAS, pursuant to the Traffic Safety Act, a Municipal Council may, with respect to a highway under its direction, control and management, make bylaws that are not inconsistent with the Traffic SafetyAct for the regulation and control of traffic within the boundaries of the Municipality; AND WHEREAS, the Council for the Municipality deems it to be in the best interest of the public to regulate traffic within the Municipality; NOWTHEREFORE, the Municipal Council of Morinville, Alberta, duly assembled, hereby enacts as follows: TITLE 1. This Bylaw means and shall be known as the "Traffic Safety Bylaw" DEFINITIONS 2. In this 2.1. 2.2. Bylaw, unless the context otherwise requires: "Alley" means a narrow highway providing access to the rear of buildings and parcels of land; "Boulevard" means the part of the highway that is not a roadway and is that part of the sidewalk that is not especially adapted to the use of or ordinarily used by pedestrians; 2.3. "Bicycle" includes any cycle propelled by human muscular power on which a person may ride, regardless of the number of wheels it may have; 2.4. "Chief Administrative Officer (CAO)" means the Chief Administrative Officer (CAO) of the Municipality or an employee of the Municipality as designated by the Chief Administrative Officer; 2.5. "Commercial Vehicle" means a vehicle, or a vehicle and trailer collectively, with a registered weight of 8,000 kilograms or more, or that weighs more than 8,000 kilograms in gross weight including goods being carried by the vehicle or trailer, or that is greater than 11 metres in length; PART 1-- TITLE AND DEFINITIONS C CAO Mayor l.., TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE2 2.6. "Council" means the duly elected officials of the Town of Morinville; 2.7. "Dangerous Goods" has the same meaning as in the Dangerous Goods Transportation and Handling Act, and amendments thereto; 2.8. "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes: (i) a sidewalk, including a boulevard adjacent to the sidewalk, (ii) if a ditch lies adjacent to and parallel with the roadway, the ditch, and (iii) if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, l.,.., I but does not include a place declared by regulation not to be a highway; \-_, l.,.., Mayor 2.9. "Municipality" means the Town of Morinville; 2.10. "Off-Highway Vehicle" means any motorized mode of transportation built for cross-country travel on land, water, snow, ice or marsh or swamp land or on other natural terrain and, without limiting the generality of the foregoing, includes, when specifically designed for such travel: (i) 4-wheel drive vehicles, (ii) low pressure tire vehicles, (iii) motorcycles and related 2-wheel vehicles, (iv) amphibious machines, (v) all terrain vehicles, (vi) miniature motor vehicles, (vii) snow vehicles, (viii) minibikes, and (ix) any other means of transportation that is propelled by any power other than muscular power or wind, but does not include (i) motor boats; or {ii) any other vehicle exempted from being an off-highway vehicle by regulation; 2.11. "Owner", with respect to land and buildings thereon, includes a person who is registered under the Land Titles Act as the owner of a parcel of land, and a person occupying land under a rental agreement, lease, or with the permission of the registered owner or lessor; 2.12. "Peace Officer" means a Peace Officer as defined in the Peace Officer Act, a Bylaw Enforcement Officer appointed by the Municipality, a designated officer as defined by the Municipal CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 3 GovernmentAct, or a Police Officer as defined in the Police Act; 2.13. "Permit" means a written permit issued by the CAO pursuant to the Bylaw; 2.14. "Person" includes any individual, firm, partnership, association, corporation, society, trustee, executor, administrator or other legal representative; 2.15. "Property" includes any lands and buildings in the Municipality and boulevards adjacent thereto, or in other cases, personal property, as context dictates; 2.16. "Recreational Vehicle" means a vehicle designed or used for travel with temporary living accommodation for vacation or camping purposes; 2.17. "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: (i) the curb line, or (ii) where there is no curb line, the edge of the roadway, and the adjacent property line, whether or not it is paved or improved; 2.18. "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, trailer, tires, or related appurtenances onto any highway; 2.19. "Traffic Control Device" means any sign, signal, marking or device lawfully placed, marked or erected for the purpose of regulating, warning or guiding traffic or parking; 2.20. "Vehicle" means a device in, on or by which a person or thing may be transported or drawn on a highway and includes a combination of vehicles but does not include a mobility aid; 2.21. "Violation Tag" means a ticket or similar document issued by a Peace Officer pursuant to the Municipal Government Act; 2.22. "Violation Ticket" means a ticket issued by a Peace Officer in accordance with the Provincial Offences Procedure Act. PART 2-- STANDARD PARKING PROHIBITED PARKING/STOPPING 3. A person shall not stop or park a vehicle or trailer: 3.1. at any place where a traffic control device prohibits stopping or parking; 3.2. on a portion of a highway identified as a fire lane, an emergency access zone or otherwise being for the use of emergency vehicles; 33. in a parking space, or any part thereof, that is identified as being for the use of persons with disabilities unless the vehicle displays a valid disabled placard or licence plate issued or recognized by the Registrar, and is being used for the transportation of a person with a disability; 3.4. in a parking space that is marked or designated for a certain class of vehicles, unless the vehicle and/or trailer qualifies as a member of such designated class; Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 4 3.5. at a location marked by parking lines, stalls or similar markings, unless the vehicle and/or trailer is parked entirely within the markings; 3.6. at any place marked by a traffic control device setting out a specified time period, in excess of the time designated and marked on the traffic control device; 3.7. in an angle parking configuration, unless such parking is permitted by a traffic control device and the vehicle and/or trailer collectively do not exceed 6 metres in length; 3.8. at any location where a permit to park is required, unless a valid and subsisting permit is clearly displayed on the vehicle and/or trailer; 3.9. upon a highway in such a manner to block, obstruct, impede or hinder pedestrian, bicycle, or vehicle traffic; 110. upon any parking lot owned or operated by the Municipality contrary to prohibitions stated on a traffic control device placed in the parking lot 3.11. upon any private parking lot: 3.11.1. without the permission of the owner or person with charge or control of the parking lot, where such parking lot is clearly marked with a traffic control device containing the words "Private Property No Unauthorized Parking", or words to similar effect; or 3.11.2. contrary to any traffic control device deployed by the owner or person with charge or control of the parking lot; 3.12. in an alley, except: 3.12.1. for a period not exceeding 30 minutes, for the purpose of loading or unloading goods; 3.12.2. for a period not exceeding 5 minutes, for the purpose of allowing passengers to enter or exit the vehicle; or 3.12.3. where a traffic control device permits parking, in accordance with such traffic control device. UNATTACHED TRAILERS AND RECREATIONAL VEHICLES 4. A person shall not: 4.1. park a trailer upon any highway unless the trailer is properly attached to a vehicle by which it may be propelled or drawn in a safe manner; 4.2. allow any portion of a trailer or recreational vehicle to obstruct or interfere with any portion of a highway, including a sidewalk; 4.3. occupy or permit any person to occupy a trailer or recreational vehicle upon a highway or upon public property unless the property has been designated for such use. c-- SNOW REMOVAL/STREET CLEANING/STREET MAINTENANCE Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGES 5. A person shall not park or stop a vehicle or trailer on a portion of highway where traffic control devices prohibiting parking or stopping have been placed for the purposes of highway maintenance, including but not limited to snow removal, street cleaning, or street maintenance. 6. Where traffic control devices are temporarily placed on or near a highway prohibiting parking for the purposes of highway maintenance, such traffic control devices shall: 6.1. be placed at the entrance of the highway that is to be maintained, such that the traffic control devices are clearly visible; 6.2. be posted a minimum of 24 hours prior to the commencement of the highway maintenance work; and 6.3. have wording indicating "No Parking" or "No Stopping", or words to similar effect. 7. Temporary traffic control devices placed in accordance with Section 6 will take precedence over all other signs regulating parking. PART 3--COMMERCIAL VEHICLES AND DANGEROUS GOODS GENERAL 8. A person shall not apply or engage engine retarder breaks within the Municipality. TRUCK ROUTE AND HEAVY VEHICLE PARKING 9. No person shall operate, stop, or park a commercial vehicle on a highway within the Municipality other than a highway that is designated as a Truck Route as set out in Schedule "B" to this Bylaw. 10. A commercial vehicle shall not be deemed to be operating in contravention of Section 9 if the commercial vehicle is being operated on the most direct and practical route between a premises or location and the nearest Truck Route for the purpose of: 10.1. delivering goods to or collecting goods from the premises of a legitimate customer; 10.2. going to or from the business premises of the owner of the commercial vehicle; 10.3. moving a building for which necessary moving permits have been issued by the Municipality; 10.4. removing an inoperable vehicle from a highway; or 10.5. going to or from premises for the servicing or repairing of the commercial vehicle. 11. Section 9 does not apply to a vehicle registered for providing transportation to disabled persons; a recreational vehicle; or a school bus. TRANSPORTATION OF DANGEROUS GOODS 12. No person shall transport dangerous goods on a highway within the Municipality other than a highway that is designated as a Dangerous Goods Route as set out in Schedule "C" to this Bylaw, unless the person is: 12.1. loading or unloading dangerous goods at any place in the Municipality which is not located along or accessible by the Dangerous Goods Route, by using the most direct and practical route between the loading/unloading area and the nearest Dangerous Goods Route; Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 6 12.2. proceeding to or from an approved vehicle storage location by the most direct highway intersecting a Dangerous Goods Route; 12.3, operating on a temporary Dangerous Goods Route as established by a Peace Officer or a designated employee of the Municipality, where such Peace Officer or designated employee considers it necessary to do so in order to prevent or reduce any serious or imminent danger to life, health, property or the environment; provided that once the danger to life, health, property or the environment has, in the opinion of the Peace Officer or designated employee, been prevented or adequately reduced, the temporary route shall be closed to vehicles transporting dangerous goods. 13. No person transporting dangerous goods shall stop at any location within the Municipality, except: 13.1. at a permitted vehicle storage location; 13.2. in accordance with any terms or conditions of a valid permit issued by the Municipality; 13.3. in response to a direction from a Peace Officer or traffic control device; 13.4. to refuel or repair a vehicle; or 13.5. to load or unload the vehicle cargo. PART 4- HIGHWAY DAMAGE 14. A person shall not damage any highway, including a sidewalk, or remove any soils, gravel, concrete, asphalt, pavement or other highway materials or equipment or make any excavation under a highway without first obtaining a permit. 14.1. A utility company or the Municipality may proceed with an excavation prior to obtaining a permit required by this part, in emergency situations to restore services to the public. 15. A person shall not operate a vehicle or equipment having metal spikes, lugs, non-rubberized or coated tracks, cleats, skids, or bands projecting from the surface of the wheel or tire of the vehicle or equipment upon a highway, unless a permit has been issued. This does not apply to the use of studded tires or tires with chains. 16. A person shall not operate a vehicle, or permit a vehicle to be operated, in such a manner as to track upon a highway 16.1. Any person who tracks upon a highway shall, in addition to the penalty specified in this Bylaw, be liable to clean up or remove the substance or material tracked upon the highway, in default of which the Municipality may clean up or remove such substance or material at the expense of the person. 16.2. If the person responsible for the tracked material cannot be determined, the owner of the property from which the vehicle that caused the tracking originated is deemed to be the person who tracked the material, unless the owner of the property establishes that the person operating the vehicle did not have consent, express or implied, to be on the property. PARTS-- SNOW, ICE. DIRT AND DEBRIS 17. The owner of a property shall: 17.1. remove from any sidewalk adjacent to the property all snow, ice, dirt, weeds, leaves, rocks Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYlAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 7 and other obstructions, such that the pavement is bare, within: 17.1.1. 72 hours from the time said materials were deposited on the sidewalk, for properties zoned Residential pursuant to the Municipality's Land Use Bylaw; and 17.1.2. 48 hours from the time said materials were deposited on the sidewalk, for all other properties; 172. maintain any roof or awning that extends over a highway free of snow and ice. 18. No person or owner of a property shall remove snow, ice, dirt, weeds, leaves, rocks and other obstructions from a sidewalk or their property and cause the snow, ice, dirt, weeds, leaves, rocks and other obstructions to be placed upon any potion of the highway, municipal property, property the Municipality maintains (including ditches), or other property, other than their own. 18.1. Notwithstanding Section 18, owners of properties along 100 Avenue and 100 Street may clear sidewalk snow onto the adjacent roadway prior to that roadway being cleared of snow related to the most recent snowfall. 19. No person shall carry out activities upon a highway, including a sidewalk, or near a highway so as to deposit mud or other materials, or create slush or ice, upon the highway. PART 6-- OFF-HIGHWAY VEHICLES 20. No person shall operate an off-highway vehicle within the Municipality or on land owned by the Municipality. EXEMPTIONS 21. The following persons may operate an off-highway vehicle in the Municipality, including on the highway, on private property, or on public property: 21.1. a Peace Officer, firefighter, emergency medical services worker, or an employee or agent of the Municipality, in connection with their duties; 21.2. a person operating under a permit that has been issued in accordance with this Bylaw; 21.3. a person participating in a permitted special event expressly authorized by the Municipality, including but not limited to parades. PART 7-- SCHOOI BUS 22. A person operating a school bus shall activate the 8-way flashing lights, and/or the stop arm, while loading or unloading passengers on any highway within the Municipality except in the following locations: 22.1. in a school bus loading zone located on or adjacent to school grounds; 22.2. on 100 Avenue, from the west boundary to the east boundary of the Municipality; or 22.3. on 100 Street, from south boundary to the north boundary of the Municipality. 23. No person shall park a school bus in a residential area between the hours of 5:00 p.m. and 7:00 am. on school days, or at any time on non-school days. Mayor CAD TOWN OF MORINVILLE PROVINCE OF A1.BERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGES PART 8--SPEED LIMIT ROADS/ALLEYS 24. Except where otherwise posted, 40 kilometres per hour is the maximum speed limit for a highway located within the Municipality that is not an alley. 25. Except where otherwise posted, 20 kilometres per hour is the maximum speed limit for an alley located within the Municipality. SCHOOLZONES/PLAYGROUND ZONES 26. Except where otherwise posted, between 7:30 a.m. and 4:00 p.m. on school days, 30 kilometres per hour is the maximum speed limit on a highway within the Municipality that is marked by a traffic control device as a school zone. 27. Except where otherwise posted, between 8:00 a.m. and 8:00 p.m., 30 kilometres per hour is the maximum speed limit on a highway located in the Municipality that is marked by a traffic control device as a playground zone. PART 9--PEDESTRIANS 28. No pedestrian shall crowd or jostle other pedestrians in such a manner as to create or cause discomfort, disturbance, confusion, or otherwise obstruct or prevent other pedestrians from lawfully traveling on a highway. 29. No pedestrian shall cross, or attempt to cross, from one side of a roadway to another at any point other than within a crosswalk. 29.1. Does not apply to pedestrians crossing a highway where there is only a sidewalk on one side of a highway for the purpose of accessing a parked vehicle or property as long as the crossing is done so safely. 30. No pedestrian shall cross, or attempt to cross, a highway within a crosswalk when a traffic control device prohibits such crossing. PART 10-- BICYCLES AND OTHER WHEELED CONVEYANCES 31. No person shall ride a bicycle on any sidewalk, unless the person is: 31.1. under the age of 18; or 31.2. an adult accompanying a person under the age of 18. 32. No person shall operate a bicycle, power bicycle, roller skates, in-line skates, skateboard, riding scooter or other similar device or vehicle upon a highway or trail in a reckless manner, which in the opinion of a Peace Officer could cause a risk to other users of the highway or trail. 33. No person shall operate a bicycle, power bicycle, roller skates, in-line skates, skateboard, riding scooter or other similar device or vehicle contrary to any traffic control device. 34. A person under the age of 18 shall wear a safety helmet that meets the standards set out for bicycle safety helmets in the Vehicle Equipment Regulation while riding or operating a bicycle, power bicycle, Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 9 roller skates, in- line skates, skateboard, riding scooter or other similar device or vehicle. PART il--0B5TRuCrING HIGHWAYS 35. No person or owner of property shall cause or permit any obstruction or obstacle to be placed on a highway, including a sidewalk or right of way. 36. No person shall conduct themselves, or otherwise position themselves, on a highway in such a manner as to cause an obstruction. 37. Notwithstanding Section 35, an owner of property who causes or permits an obstacle or obstruction to be placed on an adjacent sidewalk shall not be guilty of an offence if, in the opinion of a Peace Officer, satisfactory mitigation steps have been taken to limit any resulting or related hazard, danger, or inconvenience to the public. 38. No owner of a property shall allow trees, hedges, shrubs, or similar foliage on private property within 5 metres of an intersection, whether planted before or after the date of the enactment of this Bylaw, to grow to such a height or width as to interfere with good visibility for safe traffic flow. 39. No person or owner of a property shall erect, build, or place a fence, wall or other object on private property within 5 metres of an intersection so as to interfere with good visibility for safe traffic flow. PART 12 -- SIGNAGE GENERAL 40. No person shall place, maintain, or display in view of persons using a highway any sign, marking or device that: 40.1. appears to be, is an imitation of, or resembles a traffic control device; or 40.2. gives any warning or direction as to the use of the highway by any person. 41. Section 40 does not apply to the placing, maintaining or displaying of a sign, marking or device by: 41.1. the Municipality, its employees and agents in the course of their duties, or persons acting with the express lawful authorization of the Municipality; or 41.2. the owner of privately owned land for the purpose of regulating, warning or guiding traffic using a privately owned highway that is serving the land. INFORMATION SIGNS 42. An "A" frame sign, or sign advertising a temporary special event including but not limited to a garage sale, may be placed within a highway right of way only if the sign: 42.1. is self-supported; 42.2. does not exceed 0.7 square metres in sign area, and 1 metre in sign height; 42.3. is a minimum of 5 meters from any fire hydrant or emergency equipment; 42.4. is a minimum of 15 meters from any intersection; 42.5. is posted no more than 24 hours prior to the advertised event, and no more than 24 hours Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 10 following the event; and 42.6. for properties zoned Commercial, Business and Industrial Park, or Commercial and Industrial Service pursuant to the Municipality's Land Use Bylaw, is posted only during regular business hours. ELECTION SIGNS 43. An election sign may be placed with in the right of way of a highway in any land use district with the following conditions: 43.1. Election signs shall only be displayed or placed between: 43.1.1. noon on nomination day and 24 hours after the close of polls on election day for municipal and school board elections; or 43.1.2. noon on the date the election is called and 24 hours after the close of pofls on election day for provincial and federal elections. 43.2. Election signs located outside shall be free from material structural damage and shall not be located: 43.2.1. within 5 metres of a hydrant; 43.2.2. within 15 metres of any intersection or merge lane; 43.2.3. within 15 metres of a sign indicating a point of emergency vehicle egress or ingress; 43.2.4. within 3m of a highway or road, as measured away from the highway or road starting at the farthest edge of the curb or, where present, the sidewalk; 43.2.5. within the property boundary of a polling station; 43.2.6. within 100 metres of an area designated for public works or road construction; 43.2.7. on any traffic control device; 43.2.8. on any municipal off-street parking area, overpass, bridge, recreation trail, telephone, fire alarm, electric wire, or utility lamp or pole; 43.2.9. on the exterior of a moving vehicle or attached trailer, unless securely flush-mounted; or 43.2.10. in a manner which, in the opinion of a Peace Officer, poses a public safety risk. 43.3. An election sign shall: 43.3.1. not exceed 1.0m2 in sign area when placed in a boulevard less than 10 metres wide and a maximum of 5m2 when placed beyond lOm of a Highway; and, 43.3.2. not exceed 1.0 m in height from finished grade to highest point of sign structure when placed within the Right-a-way of a highway of less than 10 metres and a maximum of 2.5 meters in height when placed a Minimum of 10 meters away from a highway. 43.4. The Municipality may give notice to a person responsible for an election sign, directing the person to remove or repair the sign, or alternatively, the Municipality may proceed to remove Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 11 C the sign without notice and dispose of the sign, where such election sign: 43.4.1. has been placed in a manner that is contrary to this Bylaw; 434.2. poses, in the opinion of a Peace Officer, a risk to public safety; 43.4.3. has material structural damage; or 43.4.4. has been vandalized. 43.5. Each candidate, must, prior to placing or directing the placement of any election sign, provide the Municipality with the name and contact information of the person responsible for the candidate's election signs. PART 13-- EXEMPTIONS 44. The provisions of this Bylaw relating to parking do not apply to a vehicle if the vehicle is: 44.1. an emergen vehicle; 44.2. a vehicle owned by the Municipality while engaged in work for the Municipality; 44.3. a towing service vehicle while engaged in work for the Municipality or emergency services; 44.4. a vehicle being used in work which, in the opinion of a Peace Officer: 44.4.1. is being conducted reasonably; and 44.4.2. reasonably requires that the vehicle be parked at the location in question. PART 14-- PERMITS 45. A person may make written application to the CAO, and pay any prescribed fees, for a permit allowing for activities that would otherwise violate any section of this Bylaw. 46. 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 to such permit, shall comply with any terms or conditions forming part of the permit. 47. 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. 48. If any term or condition of a permit issued pursuant to this Bylaw is contravened or if a false or H misleading statement or false or misleading information was provided to obtain the permit, the permit may immediately be suspended or revoked. 49. 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 permit. 50, Any person acting under the authority of a permit: 50.1. shall produce such permit upon the demand of a Peace Officer; and, 50.2. if the person fails to produce such permit upon the demand of a Peace Officer, such permit Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 12 shall not function as an authorization for conduct that is otherwise prohibited, or as a defence to any charge related to such conduct. 51. Any written application pursuant to this section must be made within the timeline set, and be in a form approved, by the CÁO. PART iS -- POWERS OF THE CHIEF ADMINISTRATIVE OFFICER {CAO) 52. Without restricting any other power, duty or function granted by this Bylaw, the CÁO may: 52.1. delegate, in writing, any powers, duties, or functions contained in this Bylaw to any employee of the Municipality, including the power to further delegate those powers, duties, or functions; 52.2. establish investigation and enforcement procedures with respect to this Bylaw; 52.3. establish forms and violation tags for the purpose of this Bylaw; C 52.4. issue permits with such terms and conditions as are deemed appropriate in accordance with this Bylaw; 52.5. establish the criteria to be met for a permit to be issued pursuant to this Bylaw; 52.6. cause the expenses and costs incurred by the Municipality associated in the enforcement of this Bylaw, and orders related to this Bylaw, to be collected as civil debt or added to the tax roll of the property, pursuant to the Municipal GovernmentAct; 52.7. designate: 52.7.1. any highway for traffic purposes; 52.7.2. the location of crosswalks upon highways; 52.7.3. any intersection, highway, or place on a highway where U-turns are prohibited; 52.7.4. any maximum speed limit on a highway, and cause signs to be erected setting out the maximum speed limit; 52.7.5. any highway as closed temporarily in whole or in part to traffic; 52.7.6. any highway to be divided into traffic lanes in such number as is deemed proper; 52.7.7. the location of school zones or playground zones; 52.7.8. any boulevard upon which parking is permitted; 52.7.9. the location of bus stops or transit zones; 52.7.10. the distance from any intersection within which no parking is permitted; 52.7.11. portions of highways where parking is limited to a specified period of time; 52.7.12. portions of highways where stopping is prohibited entirely, or for a specified period of time; 52.7.13. areas for angle parking, back-in parking, and parallel parking; Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 13 52.7.14. the maximum load permitted on any bridge; 52.7.15. parking spaces for disabled parking; 52.7.16. where traffic control devices are to be installed or removed, and cause a record of the locations of all erected signs to be kept; 52.7.17. any highway, sidewalk or portion thereof, where bicycles or pedestrians are prohibited; 52.8. prohibit or restrict by sign or barricade the movement of vehicles from a private driveway onto a highway, or from a highway onto a private driveway, where such prohibition or restriction is deemed advisable in the public interest and for better regulation of traffic. PART 16-- POWERS OF PEACE OFFICERS 53. Without restricting any other power, duty or function granted by this Bylaw, a Peace Officer may: 531. carry out any inspections to determine compliance with this Bylaw, including entering into any premises or property after giving reasonable notice to the owner of the premises or property to be inspected; 53.2. take any steps or carry out any actions required to enforce this Bylaw; 53.3. take any steps or carry out any actions required to remedy a contravention of this Bylaw, including the removal of any sign, marking, device, object or obstruction; 53.4. authorize another municipal employee or a third party to remedy a contravention of this Bylaw; 533. place a chalk mark on the tread face of a vehicle's tire, or use electronic marking, to determine the time that a vehicle or trailer has been parked in a location; 53.6. remove or cause to be removed from a highway any vehicle or trailer that is in contravention of this Bylaw; 53.7. exercise discretion and issue warnings, violation tags, violation tickets, or use other measures as are appropriate in the circumstances; 53.8. place tags, tickets, stickers, decals, or other documents on vehicles. PART 17-- REMOVAL AND IMPOUNDMENT OF VEHICLES 54. A Peace Officer is hereby authorized to remove or cause to be removed from a highway in the Municipality any vehicle or trailer: 54.1. parked in contravention of a provision of this Bylaw; 542. that is obstructing an area where highway maintenance is occurring or about to occur; or U 54.3. where emergency conditions require such removal. 55 such vehicle or trailer may be removed to a designated place or impounded and will remain impounded until claimed by the owner. The owner shall be responsible for all costs associated with the removal, impoundment, storage, and any associated fines. 56. In conjunction with snow removal, street cleaning, or highway repair operations carried out by the Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 14 C Municipality, a Peace Officer may cause a vehicle to be towed or removed from the highway being cleared, cleaned, or repaired, and without impounding the vehicle, may cause it to be removed to other public property or another highway. PART 18-- PENALTIES, VIOLATIONS, APPEALS AND OBSTRUCTION 57. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable upon summary conviction to a fine not exceeding $10,000 and in default of payment of any fine imposed, to imprisonment for not more than one year, or both. 58. Any person who contravenes any provision of this Bylaw is guilty of an offence and liable to a minimum penalty as set out in Schedule "A", and in no event shall a lesser penalty be imposed upon conviction. 59. The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs from which said person is liable in accordance with this Bylaw or pursuant to the Municipal GovernmentAct. &o. where a contravention of this Bylaw is of a continuing nature, each day such contravention continues shall constitute a new and separate offence, and a violation tag or violation ticket may be issued for each day such offence continues. 61. A person who commits an offence may, if a municipal violation tag is issued in respect of the offence, pay the fine amount established by this Bylaw for the offence and if the amount is paid on or before the required date, the person will not be prosecuted for the offence. VIOLATION TAGS AND TICKETS 62. A Peace Officer may issue a violation tag to any person whom the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 62.1. Notwithstanding Section 62, a Peace Officer may immediately issue a violation ticket without F issuing a violation tag. 63. If the fine set out in a violation tag is not paid within the prescribed time period, the Peace Officer may issue a violation ticket. 64. A Peace Officer may issue a violation ticket to any person who the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw. The Peace Officer must serve upon such person a violation ticket in the form and manner prescribed by the provisions of the Provincial Offences Procedure Act. 65. A person shall not obstruct, hinder or interfere with a Peace Officer in the exercise or performance of the Peace Officer's duties pursuant to this Bylaw. PART 19-- ORDERS BY PEACE OFFICER, RIGHT TO REMEDY, AND SERVICE OF NOTICE ORDERS 66. where premises or property is found to be in violation of any provisions of this Bylaw, a Peace Officer may, in accordance with this Bylaw, or Sections 545 and 546 of the Municipal Government Act, issue a written order to the owner of the premises or property to remedy the condition on the premises or C property which violates this Bylaw. Nothing in this Bylaw prevents or precludes a Peace Officer or the Municipality from applying for an order of the court. Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 15 67. A written order issued by a Peace Officer may: 67 .1. direct a person to stop doing something, or to change the way in which the person is doing it; 67 .2. direct a person to take any action or measures necessary to remedy the contravention of the enactment or bylaw, including the removal or demolition of an obstruction or structure that has been erected or placed in contravention of a bylaw, and, if necessary, to prevent a re-occurrence of the contravention; 67 .3. state a time within which the person must comply with the direction; 67.4. state that if the person does not comply with the direction within a specified time, the Municipality will take actions or measures at the expense of the person. 68. A Peace Officer shall give reasonable notice, from the date of a order being issued, for compliance with the order. During this period for compliance, a person may appeal the order pursuant to this Bylaw. 69. Any person or owner who fails to comply with a written order made under this Bylaw is guilty of an offence. RIGHTTO REMEDY 70. The municipality may take whatever actions or measures are necessary to deal with a property that is not in compliance with this Bylaw if: 70.1. the Municipality has issued a written order under this Bylaw; 70.2. the person to whom the order is directed has not complied with the order within the time specified; and 70.3. the review period respecting the order has passed, or if a review has been made by Council, the result of the review permits the Municipality to take the action or measure. 71. The expenses and costs of an action or measure taken by the Municipality, including any storage or disposal costs, are an amount owing to the Municipality by the person who was required to do something pursuant to the order, and such expenses and costs may be added to the tax roll of the property affected by the order. SERVICE OF ORDER 72. An order shall be deemed to be sufficiently served if it is: 72.1. served personally on the individual or corporation named in the order; 72.2. mailed to the last known address of the registered owner of premises or property, or to the person concerned; 72.3. left with a person apparently over the age of 16 years at the place of abode of the person to whom the order is addressed; 72.4. posted in a conspicuous place on the premises or property referred to on the order. 73. If in the opinion of a Peace Officer, service of an order cannot be reasonably effected in a manner set out in Section 72, or if the Peace Officer believes that the owner of a premises or property is evading service, service may be effected by posting the order in a conspicuous place on the private dwelling place of the owner of the premises or property in question, and the order shall be deemed to be served upon the expiry of 3 days after the order is posted. Mayor CAO PART 20 - APPEALS TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 16 74. A person who is served with a written order to comply with a section of this Bylaw may, by written notice within 14 days after the date the order is served, request that Council review the order. 75. After reviewing the order, Council may confirm, change, substitute or cancel the order. The decision of Council shall be issued in writing and provided to the appellant. 76. Part 20 of this Bylaw does not apply to violation tags or violation tickets written by a Peace Officer. 77. A person may appeal a decision made by Council pursuant to Part 20 of this Bylaw to the Court of King's Bench pursuant to section 548 of the Municipal Government Act. PART 21-TRAFFIC CONTROL DEVICES 78. A traffic control device that is placed, marked or erected under the authority of the Traffic Safety Act, or this Bylaw, shall be in conformity with the design standards for the traffic control device that are prescribed in the Manual of Uniform Traffic Control Devices for Canada, published by the Transportation Association of Canada and any subsequent editions of that Manual are adopted for the purposes of this Bylaw. PART 22 - SEVERABILITY 79. If any Section or part of this Bylaw is found in any court of competent jurisdiction to be illegal or beyond the power of Council to enact, such Section or part shall be deemed to be severable and all other Sections or parts of this Bylaw shall be deemed to be separate and independent therefrom and to be enacted accordingly. Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 17 PART 23-- COMING INTO FORCE 80. The following Town of Morinville bylaws are repealed upon the passing of this Bylaw: 80.1. Dangerous Goods Control Route Bylaw 3/2004 80.2. Traffic Safety Bylaw 24/2012 H This Bylaw shall come into full force and effect when it receives third reading and is duly signed. Read a first time this 14th day of February, 2023. Read a second time this l3° day of June, 2023. Read a third time and finally passed this 22 day of August, 2023. Simon Boersma Mayor Naleen Narayan Chief Administrative Officer ORIGINAL SIGNED ORIGINAL SIGNED C TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 18 Schedule A -- Penalties CAO Section Description Specified Penalty 3.1 Park/stop where prohibited by traffic control device $100.00 3.2 Park in fire/emergency access lane $100.00 3.3 Unauthorized parking in disabled space $200.00 3.4 Unauthorized parking in space for designated vehicles $100.00 3.5 Fail to park entirely within spaces provided $100.00 3.6 Park exceeding time limit $100.00 3.7 Unauthorized angle parking $100.00 3.8 Park without displaying permit when required $200.00 3.9 Park so as to block/obstruct/impede/hinder other users of a $150.00 highway 3.10 Park in Municipal parking lot contrary to traffic control device $100.00 3.11 Unauthorized parking on private parking lot $100.00 3.12 Unauthorized parking in alley $100.00 4.1 Unattached trailer $100.00 4.2 Trailer block/impede/overhang sidewalk/highway $100.00 5 Park where prohibited by sign for snow removal/street $150.00 - cleaning/road maintenance 9 Commercial vehicle operate, stop or park on prohibited road $250.00 12 Transport dangerous goods where prohibited $500.00 13 Stop while transporting dangerous goods where prohibited $500.00 14 Damage highway or remove highway material or equipment or $1000.00 make excavation under highway without authorization 15 Operate vehicle/equipment on roadway with prohibited $500.00 wheels/tires without authorization 12 Drive/operate vehicles causing tracking onto highway $250.00 17.1 Fail to remove snow/ice/debris from sidewalk $150.00 17.2 Fail to remove snow/ice from roof/awning overhanging highway $150.00 Mayor TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 19 18 Cause material to be placed where unauthorized $250.00 15 Cause mud/slush/snow/materials to be deposited on highway $150.00 20 Operate off-highway vehicle where prohibited $250.00 CAO C Mayor TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 20 C C 22 School bus use flashing lamps where prohibited $500.00 23 Park school bus where prohibited $100.00 28 Pedestrian interfere with other pedestrians on highway $100.00 29 Pedestrian fail to use designated crossing $100.00 30 Pedestrian cross where prohibited by traffic control device $100.00 31 Unauthorized bicycl travel on a sidewalk $100.00 32 Dangerous operation of bicycle/wheeled conveyance $200.00 33 Operate bicycle/wheeled conveyance contrary to traffic control $100.00 device 34 Youth fail to wear helmet while riding on bicycle/wheeled $100.00 conveyance 35 Place obstruction on highway or right of way $250.00 36 Person acting as obstruction on a highway $250.00 38 Property owner allow foliage within 5 metres of an intersection to $250.00 interfere with visibility 39 Property owner place fence/wall/object within 5 metres of an $250.00 intersection so as to interfere with visibility 40 Unauthorized display of sign that resembles traffic control device or $250.00 directs highway users 42 Improperdisplay of information sign $100.00 43 Improper display of election sign $200.00 46 Fail to comply with conditions of permit $250.00 47 Provide false/misleading statement or information to obtain permit $500.00 65 Obstruct/hinder/interfere with Peace Officer $1000.00 69 Fail to comply with enforcement order $500.00 Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 21 Schedule B -- Truck Route THROUGHFARE FROM TO 100 Street South Municipal limits 95 Avenue (CN Railroad Tracks) 100 Avenue West Municipal Limits East Municipal Limits Cardiff Road Highway 2 East Municipal Limits Morinville Industrial Park 99A Street 95 Street 90Avenue 97Avenue C C Mayor CAO TOWN OF MORINVILLE PROVINCE OF ALBERTA BYLAW 4/2023 TRAFFIC SAFETY BYLAW PAGE 22 Schedule C -- Dangerous Goods Route THOROUGHFARE FROM TO 100 Street South Municipal limits 95 Avenue (CN Railroad Tracks) 100 Avenue West Municipal Limits East Municipal Limits Cardiff Road Highway 2 East Municipal Limits Morinville Industrial Park 99A Street 95 Street 90 Avenue 97 Avenue C C Mayor CAO