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ADMINISTRATIVE CONSOLIDATION OF BYLAW 10-10
AS OF FEBRUARY 24, 2020
BEING A BYLAW OF THE TOWN OF OKOTOKS
IN THE PROVINCE OF ALBERTA
TO REGULATE TRAFFIC AND OTHER ACTIVITIES
UPON HIGHWAYS WITHIN THE TOWN OF OKOTOKS
(As amended by Bylaws 19-18, 11-19, and 14-20)
WHEREAS pursuant to Section 13 of the Traffic Safety Act, Chapter T-6, R.S.A. 2000
and amendments thereto, a Council may make Bylaws for the regulation and control of
vehicles and pedestrian traffic;
AND WHEREAS Council deems it necessary to regulate traffic and other activities upon
highways within the Town of Okotoks;
NOW THEREFORE THE COUNCIL OF THE TOWN OF OKOTOKS DULY
ASSEMBLED ENACTS AS FOLLOWS:
1.
TITLE
This Bylaw may be known as the "Traffic Bylaw".
2.
DEFINITIONS
Wherever in the Bylaw the following terms are used, they shall have the meanings
respectively ascribed to them in this section. Any terms not defined in this Bylaw shall
have the meaning as defined in the Traffic Safety Act and the Use of Highway and
Rules of the Road Regulation (AR 304/2002):
2.1
"Act" means the Traffic Safety Act and amendments thereto.
2.2
"alley" means a narrow highway providing and offering access to the rear
of buildings and parcels of land.
2.3
"bicycle" means any device propelled by human power upon which any
person may ride and is fitted with pedals intended to be capable of
propelling it regardless of the number of wheels it may have.
2.4
"boulevard" means that portion of highway that:
a) is not roadway; and
b) is the part of the sidewalk that is not especially adapted for the use of,
or ordinarily used by, pedestrians.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 2 of 27
2.5
"Chief Administrative Officer (CAO)" means the person appointed to
the position of Chief Administrative Officer for the Town of Okotoks by
Council within the meaning of the Municipal Government Act.
(Bylaw 14-20)
2.6
"commercial vehicle" means any vehicle:
a) from which sales are made of goods, wares, merchandise, or
commodity to a purchaser thereof; or
b) that is used for making delivery of goods, wares, merchandise, or
commodity to a purchaser or consignee thereof;
Except a vehicle that is either:
a) a public service vehicle; or
b) of a class that is exempted from being classified as a commercial
vehicle by the Regulation or by an order of the Alberta Transport
Board.
2.7
"Council" means the Mayor and Councillors of the Town of Okotoks duly
elected pursuant to the Local Authorities Election Act. (Bylaw 14-20)
2.8
"crosswalk" means:
a) that part of a roadway at an intersection included within the connection
of the lateral line of the sidewalks on opposite sides of the highway
measured from the curbs or, in the absence of curbs, from the edges
of the roadway; or
b) any part of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by signs or by lines or by other
markings on the road surface.
2.9
"curb" means the actual curb if there is one, or the division point between
the roadway and a boulevard or sidewalk.
2.10 "disabled parking place" means any parking place designated by:
a) the Development Officer of the Town (Bylaw 14-20); or
b) the owner, tenant, occupant or person in control of private property, for
the exclusive use of persons with disabilities who operate or travel by
motor vehicle and which parking place is marked with signs in a form
approved by the Development Officer.
2.11 "driver or operator" means a person who drives or is in actual physical
control of a vehicle.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
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2.12 "emergency vehicle" means a motor vehicle used:
a) by a Fire Department;
b) as an ambulance; or
c) by a Peace Officer.
2.13 "highway" means any thoroughfare, street, road, trail, avenue, parkway,
driveway, viaduct, traffic lane, alley, square, bridge, causeway, trestle way
or other place whether publicly or privately owned, any part of which the
public is ordinarily entitled or permitted to use for the passage or parking
of vehicles, and includes:
a) a sidewalk (including the boulevard portion of the sidewalk);
b) a ditch which lies adjacent to and parallel with the roadway; and
c) a highway right of way that is contained between fences or between a
fence and one side of the roadway, all the land between the fence and
the edge of the roadway as the case may be.
2.14 "intersection" means the area embraced within the prolongation or
connection of:
a) the lateral curb lines or, if none;
b) the exterior edges of the roadway; or of two (2) or more highways
which join one another at an angle whether or not one highway
crosses the other.
2.15 "maintenance route" means that portion of a roadway that is signed,
either permanently or temporarily, for the purpose of conducting
maintenance activities by or on behalf of the Town, including but not
limited to:
a) snow clearing and/or removal;
b) street cleaning; or
c) any other activity that may be required on such roadway.(Bylaw 14-20)
2.16 "motor vehicle" means:
a) a vehicle propelled by any power other than muscular power; or
b) a moped, but does not include a bicycle, an aircraft, a tractor whether
equipped with rubber tires or not, an implement of husbandry or a
motor vehicle that runs only on rails.
(Subsection 2.16 deleted as per Bylaw 14-20)
(Subsection 2.17 deleted as per Bylaw 14-20)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
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2.17 "owner" includes any person renting a motor vehicle or having the
exclusive use of it under a lease or otherwise for a period of more than
thirty (30) days.
2.18 "park" when prohibited, means allowing a vehicle (whether occupied or
not) to remain standing in one place, except:
a) when standing temporarily for the purpose of and while actually
engaged in loading or unloading passengers; or
b) when standing in obedience to a Peace Officer or traffic control device.
2.19
"parking ban" means a declaration by the CAO, based on road
conditions and/or maintenance requirements, to restrict, for a specified
period of time, the parking of vehicles on specified maintenance routes.
(Bylaw 14-20)
2.20 "parades or processions" means any group or train of persons or
vehicles using the highway within the Town for show or display but shall
not include any military or funeral parade or procession.
2.21 "Peace Officer" means:
a) a member of the Royal Canadian Mounted Police;
b) a Community Peace Officer as appointed by the Solicitor General of
Alberta; or
c) a Bylaw Officer as appointed by the Town to enforce bylaws of the
Town. (Bylaw 14-20)
2.22 "pedestrian" means a person afoot, mobility aid, or a person in a wheel
chair.
2.23 "person" means any:
a) individual;
b) proprietorship;
c) corporation; or
d) society. (Bylaw 14-20)
2.24 "public place" means any publicly owned park, parkway, highway, or
square to which the public is permitted access, or a parking area
designated for the public, by a business, government or by an institution.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
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2.25 "recreational vehicle" means any type of live-in recreation vehicle that is
designed for travel and without limiting the generality of the foregoing
includes the following:
a) travel trailers;
b) truck campers;
c) fifth wheel trailers;
d) motor homes and conversions;
e) fold down camping trailers.
2.26 "Regulation" means the Use of Highway and Rules of the Road
Regulation, (A.R. 304/2002) made pursuant to the Act.
2.27 "roadway" means that part of a highway intended for use by vehicular
traffic.
2.28 "sidewalk" means that part of highway especially adapted to the use of or
ordinarily used by pedestrians, and includes that part of a highway
between the curb line (or edge of the roadway, where there is no curb line)
and the adjacent property line, whether or not paved or improved; or any
right-of-way designated as a regional pathway, pursuant to Okotoks Bylaw
29-98.
2.29 "skateboard" means a wheeled device controlled or propelled by gravity
or by the muscular energy of the rider, including roller skates, in-line
skates, scooters or other similar recreational devices; but does not include
any bicycle, unicycle, tricycle, wheelchair, mobility aid, baby or invalid
carriage.
2.30 "stop" means:
a) when required, a complete cessation from vehicular movement; and
b) when prohibited, any halting even momentarily of a vehicle, whether
occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a Peace Officer or traffic
control device.
2.31
"Town" means the municipal corporation of the Town of Okotoks.
(Bylaw 14-20)
2.32 "traffic control device" means any sign, signal, marking or device
placed, marked or erected under the authority of this Bylaw for the
purpose of regulating, warning or guiding traffic.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
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2.33 "traffic lane" means a longitudinal division of a roadway into a strip of
sufficient width to accommodate the passage of a single line of vehicles.
2.34 "trailer" means a vehicle so designed that it may be attached to or drawn
by a motor vehicle and intended to transport property or persons and
includes any trailer that is designed, constructed and equipped as a
dwelling place, living abode or sleeping place, either permanently or
temporarily, but does not include machinery or equipment used in the
construction or maintenance of highways.
2.35 "truck tractor" means a truck that is designed primarily for drawing
another vehicle and that 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 vehicle.
2.36 "vehicle" means a device in, on or by which a person or thing may be
transported or drawn on a highway.
2.37 "violation tag" means a notice or tag in a form as approved by the CAO,
issued by the Town allowing a voluntary payment option of a fine
established under this Bylaw. (Bylaw 14-20)
2.38 "violation ticket" means a ticket issued pursuant to Part II of the
Provincial Offences Procedures Act, RSA 2000, C P-34, as amended and
any regulations thereto.
3.
TRAFFIC CONTROL DEVICES
3.1
By authority of Section 13 of the Traffic Safety Act, the Council of the
Town may authorize the placing, erecting or marking of traffic control
devices at such locations as are considered necessary for controlling
highways subject to its control and management. (Bylaw 14-20)
3.2
A record of the location of all traffic control devices placed pursuant to
subsection 3.1 shall be kept, and the record shall be open to public
inspection at the Municipal Centre during normal business hours.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
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4.
PARKING
4.1
When parking a vehicle on a roadway where permitted, a person may only
park a vehicle:
a) with
i. the sides of the vehicle parallel to the curb or edge of the roadway;
and
ii. the right wheels of the vehicle not more than 500 millimetres from
the right curb or edge of the roadway; or
b) in the case of a one-way highway where parking on either side is
permitted, with
i. the sides of the vehicle parallel to the curb or edge of the roadway;
ii. the wheels that are the closest to a curb or edge of the roadway not
more than 500 millimetres from that curb or edge; and
iii. the vehicle facing in the direction of travel authorized for the
highway.
4.2
Notwithstanding section 4.1, a person may park a motorcycle:
a) at an angle, other than perpendicular, to the curb or edge of the
roadway; and with
b) a wheel of the motorcycle not more than 500 millimetres from the curb
or edge of the roadway.
4.3
Section 4.1 does not apply where angle parking is permitted or required.
4.4
A person driving a vehicle shall not, unless required or permitted by the
Act, the Regulation, this Bylaw or by a traffic control device, or in
compliance with a direction given by a Peace Officer, or to avoid conflict
with other traffic, stop or park the vehicle at the following locations:
a) on a sidewalk or boulevard;
b) on a crosswalk or on any part of a crosswalk;
c) within an intersection other than immediately next to the curb in a "T"
intersection;
d) at an intersection nearer than 5m to the projection of the corner
property line immediately ahead or immediately to the rear, except
when the vehicle is parked in a space where a parking meter or other
traffic control device indicates parking is permitted;
e) in the case of an approach to a stop sign or yield sign, within 5 meters
from the stop sign or yield sign;
f) within 5 metres from any fire hydrant, or when the hydrant is not
located at the curb, within 5m from the point on the curb nearest the
hydrant;
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 8 of 27
g) within 1.5 metres from an access to a garage, private road or driveway
or a vehicle crossway over a sidewalk;
h) within 5 metres from the near side of a marked crosswalk;
i) alongside or opposite any street excavation or obstruction when the
stopping or parking would obstruct traffic;
j) on any bridge or on the approach to any bridge;
k) at any place where a traffic control device prohibits stopping or
parking, during the times stopping or parking is so prohibited;
l) on the roadway side of a vehicle that is parked or stopped at the curb
or edge of the roadway;
m) 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;
n) if a highway is divided into 2 or more roadways by a boulevard, ditch or
other physical barrier, on that portion of the highway that is to the left of
the yellow line except in an emergency situation where the vehicle is
disabled and it is not practicable to move the vehicle to the far right
side of the highway.
4.5
No person shall park any school bus, commercial vehicle, truck tractor, or
a combination of a truck tractor and trailer, with a design capacity of more
than one tonne, or length of more than 6 metres, upon any highway
except where such parking is expressly permitted, or in an Industrial or
Commercial District as defined in the Town of Okotoks Land Use Bylaw,
except for the purpose of loading or unloading such vehicle.
4.6
No person shall park a vehicle in an alley except when actively loading or
unloading goods or passengers from the vehicle.
4.7
No person shall park any trailer, whether designed for occupancy or load
carrying, on any highway unless such trailer is attached to a vehicle by
which it may be propelled or drawn and when so attached, the trailer shall
be considered a part of the towing vehicle and subject to any regulations
pertaining to the vehicle.
4.8
No person shall park nor permit to be parked, a vehicle on any roadway or
other public property within the restricted parking zone between the hours
of 0800h and 1800h, Monday to Saturday (excepting Sundays and
Statutory Holidays) for any consecutive period greater than two (2) hours.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
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4.9
For the purpose of determining whether a vehicle has been parked within
the restricted parking zone for a consecutive period greater than two (2)
hours, any Peace Officer or designated officer of the Town, or that
designated officer's designee in writing, may place a mark by way of chalk
or other removable substance upon one or more of the wheels of a vehicle
parked within the restricted zone. (Bylaw 14-20)
4.10 The restricted parking zone is defined as that area within the Town known
as Elizabeth Street between Northridge Drive (Highway 2A) and Centre
Avenue, McRae Street between Centre Avenue and Clark Avenue, and
Centre Avenue between Daggatt Street and Elma Street. (Bylaw 14-20)
4.11 The restricted parking zone shall be so marked at its perimeter at all
roadways by which a vehicle could obtain access to the restricted parking
zone. The absence of one or more of such signs shall not constitute a
defence to an offence under this bylaw unless the defendant can show
that the lack of such sign reasonably prevented the defendant from
knowing that the vehicle was parked within the restricted parking zone.
4.12 No person shall park or stand any recreational vehicle on any highway
within the Town for a period of more than 72 hours, following which the
owner or operator shall remove the recreational vehicle from any highway
within the Town for a period of not less than 48 consecutive hours before
which the recreational vehicle may be parked again on any highway within
the Town. (Bylaw 14-20)
4.13 No person shall park or stop a motor vehicle in a disabled parking place
unless that motor vehicle is visibly displaying a current disabled parking
placard or license plate and unless they have with them or are picking up
the person to whom such pass or license plate was issued.
4.14 No owner or operator of a vehicle shall park or permit parking of the
vehicle on any private property that has been clearly marked as such by a
sign or signs posted thereon without the prior permission of the owner,
tenant, occupant, or person in control of the property.
4.15 No person shall park a motor vehicle in such a manner as to constitute a
hazard to other persons using the highway.
4.16 No school bus, farm or commercial vehicle shall be parked on any
residential streets in the Town except when conducting normal business.
(Bylaw 14-20)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 10 of 27
4.17 No person shall leave a vehicle unattended on a highway while it is
supported by a jack or similar device.
4.18 No person shall leave the motor of a diesel motor vehicle running in a
residential area for a period of time longer than twenty minutes.
4.19 When a vehicle is parked on any highway, parking lot or public place and
is in violation of a provision of this Bylaw or Regulation, it may be removed
and impounded and the cost thereof may be charged against the owner
and/or operator of said vehicle.
4.20 The CAO, when in the opinion of the CAO it is necessary to do so, may
declare a parking ban by providing public notification of such parking ban.
Unless a matter of public safety, notification of the parking ban will be no
less than 24 hours in advance of the parking ban being in effect.
(Bylaw 14-20)
4.21 A parking ban declared pursuant to subsection 4.20 will be in effect:
a) for the specified times; and
b) on the specified maintenance routes as provided for in Schedule "C";
as declared in the public notification unless:
c) sooner terminated; or
d) further extended;
by a subsequent parking ban declaration. (Bylaw 14-20)
4.22 No person shall park, or permit the parking of, any vehicle on a
maintenance route any time during a declared parking ban. (Bylaw 14-20)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
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5.
PARKING PERMITS
5.1
Zone Parking Permits
a) A permit parking zone is defined as any area so marked by traffic
control devices on roadways which a vehicle could obtain access to.
The absence of one or more of such signs shall not constitute a
defence to any offence under this Bylaw unless the defendant can
show that the lack of such sign reasonably prevented the defendant
from knowing that the vehicle was parked within such permit parking
zone.
b) No person shall park or allow to be parked any vehicle on a highway,
in any location identified as a permit parking zone, unless a valid and
subsisting zone permit is attached to the interior of the vehicle so as to
be clearly visible from the exterior of such vehicle.
c) A zone permit may only be used in respect of a vehicle that is
registered as having a maximum weight of 5450kg or less.
d) Any vehicles over 5450kg, shall be deemed to be illegally parked and
may be tagged and towed at the owner's expense.
e) Zone permits will be available, by application, to the homeowner, as
indicated by the tax roll, for each property located within a permit
parking zone.
f) A person shall not make any false or misleading statement or provide
any false or misleading information to obtain a zone permit pursuant to
this Bylaw.
g) The number of zone permits allowed per property in any permit parking
zone shall be determined by the CAO dependent upon the availability
of on street parking in each individual permit parking zone.
h) The fee for zone permits will be set out in the Town of Okotoks Fees,
Rates, and Charges Bylaw to cover the cost of implementing and
administering permit parking zones.
i) A person to whom a zone 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 zone permit,
shall comply with any terms or conditions forming part of the zone
permit.
j) If any term or condition of a zone 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 zone permit, the
CAO may immediately revoke such zone permit.
k) The onus of proving a zone 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 zone permit.
l) A zone permit does not exempt the holder from complying with any
other activities restricted or prohibited by this or any other Bylaw.
(Bylaw 11-19)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 12 of 27
5.2
Temporary Parking Permits
a) A temporary parking permit is defined as a permit issued for a period of
up to 72 hours, for the placement or storage of certain items, or the
parking of certain vehicles, on the highway, which would otherwise be
deemed illegally placed, stored, or parked.
b) No person shall place or store or allow to be placed or stored any
items, or park or allow to be parked any vehicle, on a highway in any
location, unless a valid and subsisting temporary permit has been
issued for the placing or storing of such items, or the parking of such
vehicles, on such highway.
c) Temporary permits will be available by making application through
Municipal Enforcement Services.
d) The fee for temporary permits will be set out in the Town of Okotoks
Fees, Rates, and Charges Bylaw to cover the cost of administering
temporary parking permit applications.
e) A person to whom a temporary 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 temporary
permit, shall comply with any terms or conditions forming part of the
temporary permit.
f) A person shall not make any false or misleading statement or provide
any false or misleading information to obtain a temporary permit
pursuant to this Bylaw.
g) If any term or condition of a temporary 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 temporary permit,
such temporary permit may immediately be revoked.
h) The onus of proving a temporary 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 temporary permit.
i) A temporary permit does not exempt the holder from complying with
any other activities restricted or prohibited by this or any other Bylaw.
(Bylaw 11-19)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 13 of 27
6.
EXEMPTION FROM PARKING PROVISIONS
6.1
Notwithstanding anything elsewhere contained in this bylaw the provisions
relating to stopping or parking of vehicles do not apply to:
a) emergency vehicles;
b) service vehicles used in conjunction with the servicing of public utilities
including telephone systems, electrical systems, natural gas systems;
or
c) Municipal and other Government Public Works vehicles.
6.2
Where the owner or operator of a vehicle stops, stands, or parks pursuant
to section 6.1 or contrary to other provisions of this Bylaw he shall take
due precaution to indicate the presence of such vehicle on any street
while so parked or stopped. (Bylaw 14-20)
6.3
Notwithstanding anything in this Bylaw, the CAO may issue a permit
exempting a vehicle for any period of time and from such provisions of this
bylaw pertaining to stopping or parking vehicles as may be specified
therein, which permit shall not be valid unless attached to the inside of the
vehicle in respect of which it is issued so as to be clearly legible from
outside thereof. (Bylaw 14-20)
7.
PARADES AND PROCESSIONS
7.1
No person shall hold or take part in any parade or procession unless prior
written approval has been first obtained from the Town. (Bylaw 14-20)
7.2
The driver of a vehicle in the lead of a funeral procession approaching an
intersection where a stop sign is posted shall stop the vehicle and shall not
drive the vehicle into the intersection until it is safe to do so. All following
vehicles may, during daylight hours, enter an intersection without stopping
if headlamps are alight and passage into the intersection can be done
safely.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 14 of 27
8.
PEDESTRIANS, SIDEWALKS, SKATEBOARDS
8.1
No person shall run or race on any highway or sidewalk in a manner that is
distracting or dangerous to other people. This section shall not apply to
any organized or authorized road race that has been approved by the
Town. (Bylaw 14-20)
8.2
No person shall:
a) throw any dangerous objects, stones, refuse, litter, snowballs or other
objects onto or over any highway;
b) use any bow and arrow or catapult or other similar mechanism on any
highway;
c) set off or throw any fireworks or thing of like nature onto or over any
highway or other public place without a permit authorizing such use by
Fire Services; or
d) set fire to any combustible material or light a bonfire on any highway.
8.3
No person shall climb any railing or fence or tree or any post, pole or
structure lawfully erected on or adjacent to a street, unless they have
proper authority to do so.
8.4
No person shall pull down, deface or destroy any sign, board or notice
lawfully placed on or adjacent to any street.
8.5
No person shall break, injure, dig up or destroy the earth, trees or grass on
any boulevard or other public place; or plant any plants other than grass
thereon without permission from the CAO. (Bylaw 14-20)
8.6
No person shall leave, store or deposit or permit to accumulate on any
street or sidewalk any article or thing that may be dangerous or in any way
interfere with the proper use of the street or sidewalk or interrupt the free
flow of vehicular or pedestrian traffic, nor shall any waste paper, debris, or
things be left on any street, alley, highway, sidewalk or public place in the
Town. (Bylaw 14-20)
8.7
No person shall coast, toboggan or ski on any highway.
8.8
A person operating a bicycle on a sidewalk shall:
a) yield the right of way to pedestrians;
b) use a bell or other audible signal before overtaking and passing a
pedestrian; and
c) not operate the bicycle in a reckless manner.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
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8.9
A person may draw, push or propel:
a) a two-wheeled cart or other similar personal grocery carrier;
b) a baby carriage, skateboard, in-line skate or other similar wheeled
vehicle, a child cart, a wheeled device for carrying a child or invalid; or
c) a child's tricycle or child's bicycle with training wheels;
on or along a sidewalk in such a way as to not interfere with other
pedestrians using the sidewalk.
8.10 No person shall ride a horse or any other animal upon a sidewalk or
boulevard.
8.11 No person shall place any electric cord, hose, ropes, and pipe or like
obstruction above or across a sidewalk or boulevard.
8.12 No person shall operate a skateboard on any portion of the roadway.
8.13 Skateboards may be used or operated on or at any public place unless
such activity is prohibited by a sign posted with such restriction or
prohibition. Operation of skateboards in or on a public place is subject to
the following conditions:
a) the use of skateboards does not damage the public place; and
b) the use of skateboards does not unnecessarily impede or endanger
pedestrians.
9.
PARKS, SQUARES, PUBLIC PLACES
9.1
No person shall drive a motor vehicle, off-highway vehicle, horse-drawn
vehicle or ride a horse or other animal upon any baseball diamond,
football field or other sports arena in any area designated as a park,
square, or other public place except along routes provided for that
purpose. The CAO may permit certain vehicles in any of the
aforementioned locations for the purpose of maintenance, public security
or special events. (Bylaw 14-20)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 16 of 27
10.
CONSTRUCTION, EXCAVATING, BUILDING
10.1 No person shall break, tear up or remove any planking, pavement,
sidewalk, curbing, macadamizing or other road surface or make
excavation in or under any sidewalk or roadway for the purpose of building
or otherwise, without first having obtained permission from the CAO to do
so and such permit being granted, the work shall be carried out under the
direction of the CAO. The CAO shall inspect all such work being done and,
upon termination of the work, all materials shall be replaced and any
damages made good by the parties concerned. Such work shall be carried
out as expediently as possible and without unnecessary delay.
Furthermore, any person or party to whom permission has been granted to
carry out any work of the foregoing nature, shall be liable for any or all
accidents or damages that may occur to any person or property by reason
thereof, and shall keep and maintain such lights, barricades or watchman
or other precautions to safeguard and protect the public from injury or loss,
and shall be responsible for costs incidental to the same. (Bylaw 14-20)
11.
SNOW, ICE AND DUST
11.1 All persons within the Town shall remove and clean away, as soon as
possible and in any case within 24 hours, all snow, ice, dirt or debris and
other obstructions from the sidewalk adjacent to the premises owned or
occupied by them. (Bylaw 14-20)
12.
MOTORIZED AND OFF HIGHWAY VEHICLES
12.1 No person shall operate any off highway vehicle on a highway or within the
areas designated as parks or urban reserve within the Town.
(Bylaw 14-20)
12.2 The CAO may authorize the operation of off highway vehicles within the
Town for the purpose of maintenance or public security. (Bylaw 14-20)
12.3 The CAO may authorize the operation of motorized vehicles within areas
designated as parks or urban reserve within the Town for the purpose of
maintenance or public security. (Bylaw 14-20)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 17 of 27
13.
SPEED LIMITS
13.1 The CAO is hereby duly authorized to place, erect or mark maximum
speed signs at such locations as he may determine indicating the
maximum speed within the Town for that highway. (Bylaw 14-20)
13.2 No person shall drive a motor vehicle in or on any alley at a speed greater
than 15 km/h.
13.3 The CAO may, by erecting signs posted along a highway, fix a maximum
speed limit in respect of any part of the highway under construction or
repair or in a state of disrepair applicable to all vehicles or to any class or
classes of vehicles while traveling over that part of the highway.
(Bylaw 14-20)
13.4 That the speed limit for all streets throughout the Town of Okotoks shall be
40 km/hour, unless otherwise posted. (Bylaw 19-18)
14.
VEHICLES WITH LUGS
14.1 No person shall drive, propel or move on any highway any vehicle having
metal spikes, lugs, cleats or bands projecting from the surface of the
wheel or tire of such vehicles or any vehicle having a stud tractor tread.
Studded snow tires are exempted.
15.
GENERAL PROVISIONS
15.1 No person shall:
a) allow the growth of trees or shrubs on private property that shall in any
way obstruct the visibility of a traffic control device;
b) allow trees, hedges or shrubs on private property within 5 (five) meters
of a street intersection, whether planted before or after the date of the
passing of this Bylaw, to grow to such a height or width that good
visibility for safe traffic flow is thereby interfered with; or
c) allow trees or hedges to grow in a manner so as to overhang a
sidewalk or highway thereby obstructing the sidewalk or highway,
pedestrians or vehicles.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 18 of 27
15.2 If a person is directed by a Peace Officer to take corrective actions when
in contravention of Section 14.1 and fails to carry out such direction within
seven days, the Town may take the necessary actions to correct the
contravention, and if the cost of such work is not paid on demand by the
owner or occupant of the property in question, the Town may recover the
expense of such work with costs by action in any court of jurisdiction or
may charge the expense of the work as taxes against such property.
(Bylaw 14-20)
15.3 A person shall not build, place, erect, or allow to continue in existence a
fence, wall, or structure, other than a building on private property adjacent
to and within 5 meters from an intersection to a height greater than one
meter.
15.4 If contrary to the provisions of subsection 14.3 any such fence, wall or
structure other than a building, is erected beyond the maximum height
allowed by the said subsection the Peace Officer, or other employee of the
Town may order the person who built, placed, erected or who is
responsible for the continuing existence of the fence, wall or other object
to remove or reduce the height of same. The person responsible therefore
shall forthwith, at his own expense, remove or reduce the height of the
fence, wall or other structure to the maximum height allowed by
Subsection 14. 3. If the person responsible for the same neglects or
refuses to reduce the height as required the Town may remove or reduce
the height of same and may charge the cost thereof to the person on
whose land said fence, wall or structure exists, and the Town may recover
said cost by action in a court of competent jurisdiction, or may charge said
cost as taxes against the subject property. (Bylaw 14-20)
15.5 The maximum height provided in Subsection 14.3 shall be measured from
the top of the curb where there is a sidewalk or from the level of the crown
of the roadway where there is no sidewalk.
15.6
The owner or occupant of any private property adjacent to any public
street, alley, highway, sidewalk, or public place in the Town, shall not
allow any hedge, shrub, tree or vegetation which may overhang from such
property to interfere with pedestrian or vehicular traffic lawfully using any
such public street, alley, highway, sidewalk, or public place in the Town.
(Bylaw 14-20)
15.7
Where the owner, occupant, or both have been duly served with a notice
by a Peace Officer to remove any such overhanging material as
mentioned in section 14.6 and fails to comply with that notice, the Town
may remove such overhanging materials and the cost of the work
performed may be charged against the property concerned as taxes due
and owing in respect of that property. (Bylaw 14-20)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 19 of 27
15.8
A person may, in such a way as to not injure or unduly interfere with any
other person lawfully using the sidewalk, use a power driven device that is
sufficiently light and of such construction that it will not injure the surface
of the sidewalk, to remove snow, ice, dirt or other foreign matter from any
portion of the sidewalk for which he is responsible pursuant to the
provisions of this bylaw.
16.
SUNDRY RESTRICTIONS
16.1 Where an unprotected hose of the Town of Okotoks Fire Services has
been laid down on a roadway or a driveway, no person shall drive a
vehicle over such hose unless an official of the Fire Department at the
scene has specifically allowed the driver to do so.
16.2 No owner or operator shall:
a) drive on or along a roadway a motor vehicle with the box or body filled
with sand, gravel, rocks, earth or other material, whether similar or
dissimilar, so that there is less than seventy five (75) millimetres from
the top edge of the box or body to material below;
b) drive on or along a roadway a motor vehicle with a box or body filled
with sand, gravel, rocks, earth or other loose material, whether similar
or dissimilar unless the box ledges, side boards and vehicle chassis
has been cleaned of loose material and the load distributed in such a
manner that no portion of the material can escape upon a Municipal
highway or land in the vicinity of the highway;
c) drive on or along a highway a motor vehicle with or without a trailer
with either the box of the motor vehicle or the trailer filled with refuse
unless the refuse is completely covered and secured by a tarpaulin or
other covering; or
d) drive a motor vehicle with or without a trailer and allow refuse or any
other goods or materials to escape or be scattered upon a highway or
land in the vicinity of the highway.
16.3 No person shall apply or engage engine retarder brakes on any vehicle in
any part of the Town. (Bylaw 14-20)
16.4 A person must not make, continue, or allow to be made or continued any
objectionable noise from a motor vehicle.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 20 of 27
16.5 In determining what constitutes objectionable noise from within or outside
a motor vehicle considerations may be given, but are not limited to:
a) a motor vehicle engine or exhaust system when such noises or sounds
are loud, roaring or explosive;
b) a motor vehicle horn or other warning device except when authorized
by law;
c) a motor vehicle operated in such a manner that the tires squeal;
d) a load or tow of a motor vehicle which causes a banging, clanking,
squealing, or other like noise or sound due to improperly secured load
or equipment, or inadequate maintenance;
e) a radio, television, tape player or other sound playback device,
amplification equipment, or a musical instrument, which can easily be
heard by a person outside the motor vehicle.
16.6 If objectionable noise is caused by or emanates from a motor vehicle
parked on a highway, that motor vehicle is illegally parked and an owner of
a motor vehicle may be liable for any contravention of this section.
16.7 Section 16.4 does not apply to persons participating in a properly
authorized parade or operating emergency vehicles.
16.8 No person shall paint, chalk, stencil or mark any advertisement, legend, or
sign of any kind on any highway, alley, or pavement within the Town
without authorization from the CAO. (Bylaw 14-20)
17.
AUTHORITY OF PEACE OFFICER
17.1
In case of fire or other emergency, or in order to expedite traffic or
safeguard pedestrians, Peace Officers are hereby authorized to direct
traffic in such manner as they deem necessary, whether or not in
conformity with the provisions of this Bylaw.
17.2
In case of fire or other emergency, if no Peace Officer is present, officers
of the fire department are hereby authorized to direct traffic in such
manner as they deem necessary, whether or not in conformity with the
provisions of this bylaw.
17.3
Every person shall comply with any traffic signal or direction of a Peace
Officer or of any officer of the fire department in the case of a fire or other
emergency.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 21 of 27
17.4
Every Peace Officer is, and is deemed to be, duly authorized and entitled
to place an erasable chalk mark on the tread surface of the tire of a
parked or stopped vehicle without that Peace Officer or the Town
incurring any liability for doing so, in order to enforce the parking
provisions of this bylaw. (Bylaw 14-20)
18.
PENALTIES AND ENFORCEMENT (Bylaw 14-20)
18.1 Any person who contravenes any provision of this Bylaw is guilty of an
offence and is liable on summary conviction to a fine not more than TEN
THOUSAND DOLLARS ($10,000.00) and in default of payment is liable to
imprisonment for a term not exceeding SIX (6) MONTHS or both.
(Bylaw 14-20)
18.2 Where a Peace Officer believes that a person has contravened any
provision of this Bylaw, or of sections 44 through 49 of the Regulation,
he/she may serve upon:
a) such person a violation ticket referencing the section contravened; or
b) the registered owner of the motor vehicle a violation ticket referencing
section 160(1) of the Act and the section of the Bylaw or Regulation
contravened;
c) in accordance with the provisions of the Provincial Offences
Procedure Act, R.S.A. 2002, c. P-34.
18.3
The levying and payment of any penalty, or the imprisonment for any
period as provided for in this Bylaw shall not relieve a person from the
necessity of paying any fees, charges or costs for which he is liable under
the provisions of this Bylaw.
18.4
In accordance with section 77 of the Traffic Safety Act, a Peace Officer
may tow and impound any vehicle found to be parked in contravention of
the provisions of this Bylaw or the parking provisions of the Regulation,
and such vehicle shall not be released from impoundment before the
costs of impoundment, towing and storage have been paid.
18.5
The specified penalty payable in respect of a contravention of a provision
of this Bylaw is as provided for in Schedule "A" of this Bylaw.
18.6
The specified penalty payable in respect of a contravention of a parking
provision of the Regulation is as provided for in the Procedures Regulation
(A.R. 233/1989) made pursuant to the Provincial Offences Procedures Act
R.S.A. 2000, C. P-34, and must include the required Victims of Crime Act
surcharge.
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 22 of 27
18.7
Notwithstanding section 18.2, in lieu of prosecution, a Peace Officer may
issue a violation tag, in a form as approved by the, CAO referencing the
section of the Bylaw or Regulation contravened, to the alleged offender, or
to the registered owner of any vehicle involved in a contravention of this
Bylaw of the parking provisions of the Regulation. (Bylaw 14-20)
18.8 Service of any such violation tag shall be sufficient if it is:
a) personally served; or
b) served by regular mail; or
c) placed on or attached to the vehicle involved in the contravention of
this Bylaw or the parking provisions of the Regulation.
18.9 A person who has been issued a violation tag pursuant to the provisions of
this Bylaw, and who has fully paid the penalty as indicated to the Town
within the time allowed for payment, shall not be liable to prosecution for
the subject contravention. (Bylaw 14-20)
18.10 No person, other than the owner or driver of a vehicle, shall remove a
violation tag placed on or attached to such vehicle by a Peace Officer in
the course of his/her duties.
18.11 No person shall willfully obstruct, hinder or interfere with a Peace Officer,
a Bylaw Enforcement Officer or any other person authorized to enforce
and engaged in the enforcement of the provisions of this Bylaw.
18.12 The minimum specified penalty for an offence under this Bylaw shall be no
less than one half (1/2) of the specified penalty for that offence as
indicated in Schedule "A" of this Bylaw. (Bylaw 14-20)
19.
GENERAL
19.1 It is the intention of Council that each separate provision of this Bylaw shall
be deemed independent of all other provisions herein, and it is the further
intention of Council that if any provision of this Bylaw is declared invalid, all
other provisions hereof shall remain valid and enforceable. (Bylaw 14-20)
19.2 Any person who contravenes any provision of this Bylaw by:
a) doing any act or thing which the person is prohibited from doing; or
b) failing to do any act or thing the person is required to do;
is guilty of an offence and any offence created pursuant to this Bylaw is a
strict liability offence for the purposes of prosecution under this Bylaw.
(Bylaw 14-20)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 23 of 27
19.3 Schedule "A" shall form a part of this Bylaw. (Bylaw 14-20)
19.4 Schedule "B" shall form a part of this Bylaw. (Bylaw 11-19)
19.5
Schedule "C" shall form a part of this Bylaw. (Bylaw 14-20)
19.6
Nothing in this Bylaw relieves a person from complying with any provision
of any federal or provincial law or regulation, other bylaw, or any
requirement of any lawful permit, order or license. (Bylaw 14-20)
19.7 Words in the singular include the plural and words in the plural include the
singular. (Bylaw 14-20)
19.8 This Bylaw is gender-neutral and, accordingly, any reference to one
gender includes the other. (Bylaw 14-20)
19.9 No provision of this Bylaw or any action taken pursuant to any provision of
this Bylaw shall restrict, limit, prevent, or preclude the Town from pursuing
any other remedy in relation to a premises as provided by the Municipal
Government Act, or any other law of the Province of Alberta.
(Bylaw 14-20)
This Bylaw shall come into full force and effect upon third and final reading, and Town of
Okotoks Bylaw 3-85 and all amendments thereto are hereby repealed upon this Bylaw
coming into effect.
Bylaw 10-10 received third and final reading June 14, 2010.
ORIGINAL BYLAW SIGNED BY
MAYOR AND MUNICIPAL SECRETARY
Bylaw 19-18 received third and final reading February 12, 2018
ORIGINAL SIGNED BY
MAYOR AND CHIEF ADMINISTRATIVE OFFICER
Bylaw 11-19 received third and final reading February 25, 2019
ORIGINAL SIGNED BY
MAYOR AND CHIEF ADMINISTRATIVE OFFICER
Bylaw 14-20 received third and final reading February 24, 2020
ORIGINAL SIGNED BY
MAYOR AND DEPUTY CHIEF ADMINISTRATIVE OFFICER
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 24 of 27
TRAFFIC BYLAW
Schedule "A"
SECTION OFFENCE
PENALTY
4.1
Parking General
$50.00
4.2
Improperly Parked Motorcycle
$50.00
4.4
Improper Parking
$50.00
4.5
Commercial Vehicles
$50.00
4.6
Park in Alley
$50.00
4.7
Unattached Trailer
$100.00
4.8
Restricted Parking
$50.00
4.12
Recreation Vehicle
$100.00
4.13
Disabled Parking
$250.00
4.14
Park on Private Property
$75.00
4.15
Parking Causing Hazard
$100.00
4.16
School Bus, Farm, Commercial Vehicle Parking
$50.00
4.17
Vehicle Unattended on Jack
$50.00
4.18
Diesel Motor Vehicle Idling More than 20 minutes
$50.00
4.22
Park or permit parking during declared parking ban (Bylaw 14-
20)
$150.00
5.1 b)
Park in permit parking zone without zone permit displayed
$50.00
5.1 f)
Provide false or misleading information to obtain zone permit
$250.00
5.2 b)
Place or store item or park vehicle on highway without
temporary permit
$250.00
5.2 e)
Fail to comply with terms or conditions of temporary permit
$250.00
5.2 f)
Provide false or misleading information to obtain temporary
permit
$250.00
7.1
Parade Without Written Approval
$250.00
7.2
Funeral Procession Proceed When Unsafe
$250.00
8.1
Run or Race on Highway In Manner to Distract
$250.00
8.2
Throw Objects, Use Bow & Arrow, Throw Fireworks, Set Fire
Over/On Highway
$150.00
8.3
Climb on Railing, Fence, Tree, Post, Poll, Structure
$50.00
8.4
Destroy/Deface Sign
$150.00
8.5
Damage Boulevard or Vegetation
$250.00
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 25 of 27
8.6
Unsafe Storage on Highway/Sidewalk/Public Place
$150.00
8.7
Coast, Toboggan or Ski on Highway
$50.00
8.8
Improper Operation of Bicycle on Sidewalk
$50.00
8.10
Ride Horse/Animal on Sidewalk or Boulevard
$100.00
8.11
Obstruct Sidewalk or Boulevard
$100.00
8.12
Operate Skateboard on Roadway
$50.00
8.13
Operate Skateboard Where Prohibited by Sign/Damage Public
Place/Impede or Endanger Pedestrians
$100.00
9.1
Drive/Ride Where Prohibited
$250.00
10.1
Unlawful Construction/Damage Highway
$500.00
11.1
Fail to Remove Snow, Ice, Debris
$250.00
12.1
Off Highway Vehicle in Parks
$250.00
13.2
Speed in Alley
Refer to s.108(1) and s.115 of the Traffic Safety Act (TSA)
Penalties: Provincial Offences Procedure Act/Regulation: Part 28
Refer to
TSA
14.1
Drive Vehicle With Spikes or Lugs
$250.00
15.1
Vegetation Obstruct Visibility/Pedestrians
$150.00
15.3
Fence over one meter within 5m of Intersection
$150.00
15.6
Vegetation Overhang Sidewalk, Highway Etc.
$150.00
16.1
Drive Over Fire Hose
$250.00
16.2 a)
Load Height
$150.00
16.2 b)
Fail to Clean Box Ledge, Sideboards, Chassis
$150.00
16.2 c)
Untarped Load
$150.00
16.2 d)
Allow Escape of Load
$250.00
16.3
Use Engine Retarder Brakes in Town (Bylaw 14-20)
$250.00
16.4
Objectionable Noise From Motor Vehicle
$250.00
16.8
Paint on Street or Pavement Without Permission
$250.00
17.3
Fail to Comply with Emergency Directions
$250.00
(Bylaw 11-19)
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 26 of 27
Bylaw 10-10
ADMINISTRATIVE CONSOLIDATION
Page 27 of 27