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TOWN OF MUNDARE
BYLAW NO. 920/20
The council of the Town of Mundare, duly assembled, hereby enacts
1.
This bylaw may be cited as the "Traffic Bylaw"
DEFINTIONS
2.
In this bylaw:
a. "commercial" shall mean the area normally used for the operation of
commercial businesses;
b. "curb" means the actual curb or division point between that portion of the
street intended for the use of vehicles and that portion intended for the use of
pedestrians;
c. "heavy vehicle" means a vehicle or a vehicle with a trailer, with or without a
load, weighing five thousand (5,000) kilograms or exceeding five (5) meters in
length and includes a truck tractor;
d. "holiday" means:
i.
all statutory holidays
ii.
Sunday
iii. any other days designated as a holiday by Council;
e. "laned street" means a street divided into two or more lanes for vehicle traffic;
f. "parade or procession" means
i. any group of pedestrians marching or walking on any street and
numbering twenty-five (25) or more except members of the Armed
Forces
ii.
vehicles numbering seven (7) or more and proceeding under common
leadership (except funeral processions and military parades)
iii. or any combination thereof;
g. "peace officer" means
i)
a member of the Royal Canadian Mounted Police
ii) a member of a municipal police service
iii) a community peace officer
iv) a bylaw enforcement officer;
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h. "road" means any road, thoroughfare, street, highway, 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 road 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,
i. "truck tractor" means a truck that is designed primarily for drawing another
vehicle, and is not designed to carry any load other than part of the weight of
the vehicle drawn, and includes a vehicle that is designed to accommodate a
5th wheel coupling, but does not include a crane equipment breakdown device;
AUTHORITIES
3.
Council may, by resolution, exempt any class of vehicle from any section of this
bylaw under any conditions deemed appropriate as set out in schedule C.
4.
Council may establish truck routes to be used by heavy vehicles as set out in
Schedule A.
5.
Council may establish designated parking areas for heavy vehicles, as set out in
Schedule B.
6.
The Chief Administrative Officer is delegated the authority to regulate and
control the use of all roads, sidewalks and public places.
7.
The Chief Administrative Officer is delegated the authority to authorize the
placing of traffic control devices and traffic control signals.
8.
The Chief Administrative Officer is delegated the authority to temporarily close
any existing road, median, or divide opening on any road.
9.
A peace officer is authorized to remove or impound any vehicle which is parked
or abandoned in contravention of this bylaw, or where emergency conditions
require such removal from a road.
10.
Members of the fire department are authorized to remove any vehicle where
emergency conditions require such removal from a road without impounding the
vehicle.
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11.
The Chief Administrative Officer is authorized to remove or impound any vehicle
to carry out snow removal, garbage collection, road cleaning operations, or to
facilitate parades and processions without impounding the vehicle.
12.
A peace officer or the Chief Administrative Officer may remove any unauthorized
structures or objects that project onto, or obstruct the use of any road.
13.
Despite any other penalty that may be provided by this bylaw, a peace officer is
authorized to impound any bicycle or skateboard operated in contravention of this
bylaw for a period not to exceed fourteen (14) days.
14.
A peace officer can place a chalk mark on the road face of the tire of a parked
vehicle.
15.
In an emergency condition, a fire department member may designate a point
beyond which no person shall pass.
16.
The CAO is authorized to delegate any authorities or responsibilities under this
bylaw to any person deemed appropriate.
17.
Emergency vehicles, Town vehicles and utility company vehicles are exempt
from the regulations of this bylaw while carrying out their business.
IMPOUND/REMOVAL
18.
The Town, peace officers, town employees, fire department personnel or any
agent of the Town are not liable for any damage sustained by a vehicle or
property during removal or storage as per sections 9, 10, 11, 12, 13 or 14.
19.
Any impounded vehicle or property shall be released to the owner upon payment
to The Town or its agent, any costs incurred for towing, transportation or storage.
20.
Any cost incurred by the Town for the removal or storage of any property or
vehicle will be in addition to any fines levied and become a debt owing to the
Town.
21.
Any costs incurred by the Town for the removal or storage of any property or
vehicle may be recovered by distress upon the goods and chattels of the owner or
by placing the costs on the tax roll.
22.
If an impounded vehicle has not been claimed by its owner, or person in charge,
within one hundred and twenty (120) hours of the time of removal, a notice may
be served to the last know address of the registered owner of the vehicle stating
that if the vehicle has not been claimed and all costs paid within thirty (30) days
from the date the notice, the vehicle may be sold and the proceeds of such sale
shall form part of the revenue of the Town.
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23.
Despite section 22, if the owner of a vehicle is unknown, a notice may be placed
in a local newspaper once a week for two consecutive weeks. If the vehicle has
not been claimed and all costs paid within thirty days (30) days of the date of last
publication of the notice, the vehicle may be sold as per section 22.
24.
For any property removed by the Town that is not claimed within 14 days of
removal, the Town may sell or dispose of the property. The proceeds of any sale
shall form part of the revenue of the Town.
PEDESTRIANS
25.
No person shall obstruct or prevent other persons from using a road or sidewalk.
26.
Section 25 does not apply to persons watching a parade or procession.
PARKING
27.
No person shall park a heavy vehicle or a vehicle carrying dangerous goods on
any road, backalley, or street in any residential or commercial area.
28.
Despite section 27, heavy vehicles, except those carrying dangerous goods, may
park in a designated parking area.
29.
Despite section 27, heavy vehicles or a vehicle carrying dangerous goods may
park on a residential or commercial road under the following conditions:
i. a recreational vehicle for a period not to exceed 48 hours;
ii. when needed for a construction or excavation project on the adjacent
parcel;
iii. when unloading or loading goods for an adjacent parcel.
30.
No person shall service or repair a vehicle on a road except for emergency repairs.
31.
No person shall wash any vehicle or trailer on any road in such a manner as to
constitute a nuisance or hazard.
32.
No person shall permit oil, gasoline or grease arising from the washing, repairing
or servicing of any vehicle to be deposited on or run onto any road.
33.
No person shall park any motor vehicle with motor running in such a manner and
such location to cause a nuisance.
34.
No person shall park or stop a vehicle to interfere with the operations of any
emergency vehicles, Town vehicles, or public utility vehicles.
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35.
No person shall park a vehicle in a lane; however, lanes may be used for:
i. the loading or unloading of goods from a commercial vehicle for a
period not exceeding thirty (30) minutes, or
ii. the loading or unloading of goods or passengers from a vehicle other
than a commercial vehicle for a period not exceeding five (5) minutes;
provided that the vehicle does not obstruct the lane as to prevent the free passage
of other vehicles.
36.
No person shall drive or park a vehicle on a boulevard or on land used as a park
except for those areas designated as a road.
37.
No recreational vehicle, motor vehicle, or trailer may be parked in the front yard
unless parked on a driveway.
38.
No person shall leave any vehicle on any road which has been cleared, or is about
to be cleared, for a parade.
39.
No person shall park, or leave parked, a vehicle on a road after the expiration of
twenty four (24) hours from the time a portable no parking sign or signs have
been placed until the signs are removed.
OPERATION OF VEHICLES
40.
No Person shall operate a Heavy Vehicle on any road, backalley or street other
than a designated truck route.
41.
Despite section 40, Heavy Vehicles may drive on a residential road under the
following conditions:
i. a recreational vehicle,
ii. when needed for a construction or excavation project on a residential
property,
iii. when delivering or picking up goods from a residential property:
42.
The use of engine retarder brakes is prohibited within the Town limits. Such
limits shall include those portions of Highway 15 and Highway 855 within Town
limits.
43.
No person shall drive any vehicle over any unprotected hose being used by the
fire department except with the consent of a peace officer or the fire department.
44.
No person shall drive any vehicle at a rate of speed more than 25 km per hour:
i. on any backalley
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ii. in turning a corner
45.
No person shall permit the load, or any part of the load on a vehicle to be spilled
or discharged on a road. If the load or any part of the load does spill, the person
shall take immediate measures to clean the material from the road. Where the
driver fails to clean the road, the Town may clean the spill and all costs incurred
shall be charged to the driver.
46.
No person shall tow a motor vehicle on any street with a connection so arranged
that the towing vehicle and the vehicle being towed are separated by a distance
greater than two and a half (2.5) meters, and no vehicle shall tow in line more that
three (3) trailers, nor shall the total length of the string exceed twenty (20) meters
without a permit of a peace officer.
47.
No person shall drive or haul any vehicle or equipment which may damage the
road beyond normal wear and tear.
48.
No person shall drive a heavy truck over curb, gutter or sidewalk without suitably
reinforcing the curb, gutter or sidewalk with timbers and/or planks to ensure that
no damage occurs.
SCHOOL ZONES
49.
All school zones will be in effect as follows:
7:30 a.m. to 9:30 a.m.
11:30 a.m. to 1:30 p.m.
3:00 p.m. to 4:30 p.m.
on any day which school is held,
BICYCLES, MOTORCYCLES, OFF ROAD VEHICLES
50.
No person shall ride a cycle on any sidewalk except where permitted by this
bylaw.
51.
Children's bicycles or tri-cycles having a wheel diameter of less than fifty (50)
centimeters are exempt from this sections 52 to 55.
52.
No person shall operate or park an off-road vehicle on land owned or leased by
the Town within or outside the corporate limits of the Town.
53.
Despite section 52, a resident may operate a off-road vehicle down a back lane as
long as the resident is going directly out of Town by the shortest route possible
from their house. The operator must slowly travel down the land and not cause
any undue noise.
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General
54.
No person shall, without authorization from the Town, deposit any earth, rocks,
trees, snow or other substances on any road, sidewalk or boulevard within the
Town, and if such deposits have been made without authorization and the Town
removes same, the expenses therefore shall be chargeable to the person
responsible, in addition to any fine or penalty imposed, or to any payment made in
lieu of prosecution under this Bylaw.
55.
No person shall remove, damage or interfere with any barricade, notice, mark,
sign, flare pot or other road devices installed by employees of the municipality,
utility companies, emergency responders or those used to notify people of a
vehicle in need of repair.
OFFENSES AND PENALTIES
56.
Any person who contravenes a section of this bylaw is guilty of an offence and is
liable to a penalty as set out in Schedule D.
57.
Despite section 56, any person who commits a second or subsequent offence
under this bylaw within one (1) year of committing the first offence is liable to a
fine as set out in Schedule D.
58.
Any person who is guilty of an offence for which a penalty is not provided is
liable to a fine as set out in Schedule D.
59.
In addition to any other remedy for non compliance with this bylaw, the Town
may correct the violation and the costs incurred shall be paid to the Town.
60.
A peace officer is authorized to issue a violation ticket to any person who the
peace officer has reasonable and probable grounds to believe has contravened any
section of this bylaw.
61.
Where a contravention of this bylaw is of a continuing nature, further violation
tickets may be issued by the peace officer, however, no more than one violation
tag will be issued for each day that the contravention continues.
62.
Where a violation ticket is issued the person to whom the violation ticket is issued
may, in lieu of being prosecuted for the offence, pay to the Town the penalty
specified on the violation ticket.
GENERAL
63.
Any animals that are brought into Town shall be suitably tethered/restrained/
contained.
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64.
Nothing in this bylaw will be construed as curtailing or abridging the right of the
Town to obtain compensation for or to maintain an action for loss of or damage to
property from or against the person or persons responsible.
65.
Nothing in this bylaw will operate to relieve any person from complying with any
Federal, Provincial or other Town law, order, regulation or bylaw.
66.
Should any provision of this bylaw be deemed invalid, then such invalid provision
may be severed and the remaining bylaw shall be maintained.
67.
That bylaw 798/09 amended be hereby repealed.
READ a first time on October 6, 2020
READ a second time on October 6, 2020.
READ a third time with unanimous consent on October 6, 2020.
_____________________________
Date
Mayor
_____________________________
Date
CAO
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Schedule C
1.
Tidy tanks located on ½ or ¾ ton trucks are not considered as a vehicle carrying
dangerous goods.
2.
A Heavy Vehicle or a vehicle carrying dangerous goods may park in a
commercial area that is operating as a truck stop.
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Schedule D
Fines
Section
Amount
25
Obstruction of use of road
$100
27
Prohibited vehicle parking on a road
500
30
Repairing vehicle on a road
100
31
Washing creating a nuisance or hazard
100
32
Depositing oil, fuel or grease on a road
250
33
Vehicle running creating a nuisance
250
34
Interfering with the operation of vehicles
500
35
Parking in a lane
100
36
Parking on Town property
250
38
Recreational vehicle in the front yard
100
39
Parking on a road closed for a parade
100
40
Parking on road after no parking signs displayed
100
41
Driving a heavy vehicle on a road other than one designated
500
43
Using engine retarder brakes
100
44
Driving on unprotected hose
250
45
Speeding
100
46
Load spilling on road
500
47
Incorrect towing
100
48
Damage to road
500
49
Failure to reinforce curb
250
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Schedule D continued
50
Bicycle on sidewalk
100
51
Skateboard on sidewalk
100
52
Off road vehicle on Town property
500
54
Deposit of items on town property
250
55
Interference with a barricade
100
63
Untethered animals
100