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BYLAW NO. 2022-07
A BYLAW OF THE SUMMER VILLAGE OF PARKLAND BEACH
IN THE PROVINCE OF ALBERTA
TO REGULATE TRAFFIC AND PROVIDE FOR SAFE USE OF HIGHWAYS AND MUNICIPAL LANDS
WHEREAS the Municipal Government Act, R.S.A. 2000, M-26, as amended, allows a municipality
to pass and enforce bylaws with respect to public health and safety, activities in public places,
and transportation systems within its corporate limits; and
WHEREAS under the authority of the Traffic Safety Act, R.S.A. 2000, T-6, as amended, the
Council of a municipality may pass bylaws to govern, restrict, and enforce the use of any
highway that is under its direction, control and management;
NOW THEREFORE the Council of the Summer Village of Parkland Beach in regular meeting, duly
assembled, hereby enacts as follows:
1. TITLE
1.1. This bylaw shall be cited as the "Traffic Bylaw".
2. DEFINITIONS
2.1.
Definitions and Interpretation in the Traffic Safety Act and the Provincial Offences
Procedure Act, as amended, are hereby incorporated as part of this bylaw.
2.2.
CAO means the Chief Administrative Officer for the Summer Village of Parkland
Beach as appointed by Council, or their delegate;
2.3.
Cargo Trailer means a vehicle so designed that it may be attached to or drawn by a
motor vehicle and is intended to transport property or goods;
2.4.
Council means the elected Council of the Summer Village of Parkland Beach;
2.5.
Ditch means the portion of land between the roadway and the boundary lines of
residential properties in the Summer Village, the primary use of which is land and
culvert drainage;
2.6.
Emergency means a present or imminent event that requires prompt action or
special regulation to protect the health, safety or welfare of people or to limit
damage to property;
2.7.
Essential Services means business or organizations that provide services that are
critical for the continued operation of the Summer Village including food, utilities,
fuel, construction, or public safety
2.8.
Gross Vehicle Weight is the maximum operating weight/mass of a vehicle as
specified by the manufacturer including the vehicle's chassis, body, engine, engine
Summer Village of Parkland Beach - Bylaw No. 2022-07
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fluids, fuel, accessories, driver, passengers and cargo but excluding that of any
trailers;
2.9.
Heavy Vehicle means a vehicle with or without load, exceeding any of the following:
i.
2 axels;
ii.
6 metres in length; or
iii.
a gross vehicle weight of 6804 kilograms (15,000 lbs);
but does not include a Recreation Vehicle;
2.10.
Highway means any thoroughfare, street, road, trail, avenue, parkway, driveway,
lane, bridge, 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 the adjacent or adjoining ditch, walking path and/or
boulevard;
2.11.
Miniature Vehicle is defined by the Operator Licensing and Vehicle Control
Regulation, and means a go cart, a 3 or 4-wheeled vehicle of less than standard size,
a golf cart, or a 3 or 4-wheeled vehicle that the registrar considers would present a
hazard to other highway users because of its novel size or operating characteristics.
A motorcycle or moped that has the following is also a miniature vehicle:
i.
a seat height of less than 70 centimetres when there is no load;
ii.
a wheel rim diameter less then 25 centimetres; or
iii.
a wheel base of less than 100 centimetres when measured from the
centre of one axle to the centre of the other axle.
2.12.
Municipal Land includes all the areas that are zoned Park (P) or Public &
Institutional (I) under the Summer Village of Parkland Beach Land Use Bylaw,
including, but not limited, to all municipal reserve and public utility parcels owned
by the Summer Village;
2.13.
Off-Highway Vehicle means an off-highway vehicle as defined in the Traffic Safety
Act R.S.A. 2000, T-6 and amendments thereto;
2.14.
Peace Officer means:
2.14.1. a member of the Royal Canadian Mounted Police; or
2.14.2. a Bylaw Officer appointed by the Summer Village; or
2.14.3. a Community Peace Officer as appointed by the Solicitor General of
Alberta;
2.15.
Recreation Vehicle means a motor home, camper, travel trailer, tent trailer or any
form of vehicle used or intended to be used for recreational, holiday or temporary
accommodation;
Summer Village of Parkland Beach - Bylaw No. 2022-07
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2.16.
Resident means any person who is a registered owner of, who is residing on, or who
is lawfully in possession or control of a residential property within the Summer
Village;
2.17.
Roadway means that part of a highway intended for use by vehicular traffic;
2.18.
Traffic Control Device means any sign, signal, barricade, marking, or other device
placed, marked, or erected under the authority of this bylaw for the purpose of
regulating, warning, or guiding traffic;
2.19.
Vehicle means a device in, on or by which a person or thing may be transported or
drawn on a highway but does not include a mobility aid;
2.20.
Summer Village means the Summer Village of Parkland Beach.
3. USE OF ROADWAYS & HIGHWAYS
3.1.
The maximum speed limit within Summer Village limits is 30 kilometers per hour
unless otherwise posted.
3.2.
No owner or operator of a vehicle shall stop a vehicle or permit a vehicle to be left
upon any roadway in such a manner as to block, obstruct, impede or hinder traffic.
3.3.
No person shall park a vehicle on any highway within the Summer Village for the
purpose of repairing such vehicle, except for emergency repairs.
3.4.
No person shall leave a vehicle unattended on a highway while it is supported by a
jack or similar device.
3.5.
No person shall operate a vehicle that has spikes, lugs, cleats, skids, chains, or bands
projecting from the wheel, tire or track of such vehicle on any highway in the
Summer Village. This provision does not apply to the use of studded tires.
3.6.
No person shall operate a heavy vehicle or construction equipment across a ditch to
access private property, except over the normal entrance to the property, without
first planking or otherwise protecting both the ditch and any culverts present.
3.7.
No vehicle shall operate engine retarder brakes in the Summer Village.
3.8.
No person shall place, or permit to be placed, any dirt, debris, branches, dangerous
or discarded material or substance onto any highway or municipal land in the
Summer Village.
3.9.
Nothing in this bylaw prohibits vehicles used by emergency responders, municipal
staff, contractors hired by the municipality, road maintenance personnel, or public
utility companies from being driven or parked on the highways, reserves, or other
municipal land by their operators in the performance of their duties.
3.10.
Section 3.9 also applies to volunteers or participants in public events that are
approved by Council.
Summer Village of Parkland Beach - Bylaw No. 2022-07
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4. ROAD RESTRICTIONS
4.1.
At all times, all roadways within the Summer Village are restricted to 75% gross
vehicle weight.
4.2.
During spring thaw, as determined by Summer Village road ban policy, and
occasionally during extreme weather events, road weight restrictions will be
increased to 50% gross vehicle weight. Road permits will generally not be issued
during these periods.
4.3.
No person shall operate or allow to operate in the Summer Village an overweight or
over-dimension vehicle without first obtaining a road permit from the Summer
Village office.
4.4.
Road permit(s) must be in the possession of the operator of the permitted vehicle,
in paper or digital format, and shall be produced to a Peace Officer on demand.
4.5.
Any person applying for a road permit shall provide such information as may be
required and shall comply with all conditions of the permit.
4.6.
It is the responsibility of the operator to arrange road permits from the appropriate
authorities governing external highways that are used to enter the Summer Village.
4.7.
Notwithstanding a road permit issued, a carrier or operator of an overweight or
over-dimensional vehicle shall be liable for damages caused to property of the
Summer Village due to the carrier or operator's negligence or recklessness in
undertaking the permitted activities.
4.8.
No person shall park or allow to be parked, any heavy vehicle or commercial vehicle
which may be delivering goods or equipment, or providing a service to residents, on
any highway within the Summer Village for a period exceeding eight (8) hours.
4.9.
No person shall off-load or on-load heavy equipment on Summer Village highways
unless a permit has been issued by the Summer Village office.
4.10.
No carrier or operator of a vehicle shall transport dangerous goods on a highway
within the Summer Village, except for delivery of essential services to the
community and under the appropriate provincial and/or federal authorization for
transport and handling of such goods.
5. TRAFFIC CONTROL DEVICES
5.1.
Council shall determine the type and location of standard and permanent traffic
control devices to be placed and maintained on the highways and municipal lands
within the Summer Village.
5.2.
The CAO shall determine the type and placement of temporary traffic control
devices as required for short-term projects or emergency conditions.
5.3.
A schedule listing the type and location of static traffic control devices shall be
maintained and updated regularly.
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5.4.
No person shall tear down, remove, deface, or interfere with any traffic control
device placed in accordance with the provisions of this bylaw.
6. PARKING
6.1.
No person shall park any vehicle, including a heavy vehicle, recreation vehicle, off-
highway vehicle, or cargo trailer on a highway or on municipal land within the
Summer Village.
6.2.
No person shall park any vehicle on private property, including the driveway or
entrance to that property, without authorization of the resident or owner.
6.3.
Areas for public parking on municipal land will be designated by Council and clearly
signed for this purpose.
6.4.
Where public parking is designated at the south public beach swimming area, the
parking shall be restricted to day-use by passenger vehicles only. No person shall
park a recreation vehicle or cargo trailer in the south beach parking zones.
6.5.
Where public parking is designated at the north beach, which serves the marina
areas, parking shall be restricted to daytime use only. Parking of recreation vehicles
and cargo trailers is permitted.
6.6.
No person shall erect or park, for use as overnight accommodation any vehicle,
recreation vehicle, or tent on any municipal land or highway in the Summer Village.
6.7.
Reserved parking space for persons with disabilities may be designated by Council
and shall be clearly marked with a traffic control device.
6.8.
A person shall not stop or park a vehicle in a parking space designated for the use of
persons with disabilities unless:
6.8.1.
their vehicle displays an official, valid parking placard or license plate for
disabled persons that was issued by a provincial authority; and
6.8.2.
the vehicle is operated by, or is being used to transport, or is actively
loading or unloading a disabled person; and
6.8.3.
where the vehicle is identified by a disabled persons placard, the owner or
operator shall have the placard visibly displayed while the vehicle is parked
in a designated parking space.
7. OFF-HIGHWAY VEHICLES
7.1.
A Peace Officer, Summer Village employee, volunteer, or agent of the Summer
Village may operate an off-highway vehicle on highways or municipal land in
connection with patrol, maintenance duties, participation in Council-approved
events, or in case of emergency.
Summer Village of Parkland Beach - Bylaw No. 2022-07
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7.2.
All persons utilizing off-highway vehicles or equipment for maintenance on
municipal land and highways must be authorized by the Summer Village, have a
valid Alberta driver's license, and be trained in the use and care of such vehicles
and/or equipment.
7.3.
Off-highway vehicles are permitted on Summer Village highways under the
following conditions:
7.3.1.
Operation is allowed from November 1 to March 31, of any given year;
7.3.2.
Operation is restricted to the hours between 8:00 am and 10:00 pm;
7.3.3.
Conditions are such that the highways may be traversed without causing
damage to the roadway surface, ditch landscaping, or culverts;
7.3.4.
The purpose is to enter or leave the Summer Village for recreation outside
of the municipal boundaries, or to travel within the Summer Village on
personal business, not recreation usage.
7.3.5.
The off-highway vehicle is registered, a license plate is clearly visible, and
proof of registration is provided to a Peace Officer on demand;
7.3.6.
The off-highway vehicle is operated by a person 16 years or older who can
provide a valid driver's license on demand;
7.3.7.
The off-highway vehicle is insured in accordance with Alberta law;
7.3.8.
Maximum speed does not exceed 20 kms per hour;
7.3.9.
The off-highway vehicle yields to all other traffic and pedestrians; and
7.3.10. The operator and any passengers wear a helmet during operation of the
vehicle.
7.4.
Miniature Vehicles shall not be operated off private property by persons under the
age of 16. Operation of such vehicles on private property or otherwise is at the
operator's own risk, and the operator shall obey all traffic regulations and bylaws.
8. OFFENCES AND PENALTIES
8.1.
Any person who contravenes any of the provisions or requirements of this bylaw is
guilty of an offense and is liable for and subject to the penalties herein provided in
Schedule A, which is attached to and is part of this bylaw.
8.2.
Where a Peace Officer has reasonable grounds to believe a person has contravened
any of the sections of this bylaw, they may issue and serve upon such person an
offense ticket.
8.3.
Service of an offense ticket shall be sufficient if it is:
8.3.1.
personally served; or
Summer Village of Parkland Beach - Bylaw No. 2022-07
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8.3.2.
attached to the vehicle in respect of which an offense is alleged to have
been committed; or
8.3.3.
mailed to the address of the registered owner of the vehicle or to the
person in possession of the vehicle; or
8.3.4.
mailed to the address of the registered owner of the property or to the
person in possession of the property.
8.4.
Should a person not pay the penalty provided for contravention of any section of
this bylaw and a prosecution has been entered against them, they shall be liable on
summary conviction to pay the minimum fine equal to the penalty stated in the said
offense ticket, and in default of payment, of the penalty imposed by the Court and
subject to Section 160(1) & (2) of the Traffic Safety Act.
8.5.
A person guilty of contravening any of the provisions of this Bylaw shall be liable for
a penalty as set out on the offence ticket and Schedule A herein. Summer Village
may enter prosecution for summary offence against them upon default of payment.
Penalties herein are notwithstanding additional penalty and/or costs imposed by
the Court upon summary conviction and subject to Section 160(1) & (2) of the
Traffic Safety Act
8.6.
Nothing in this part shall:
8.6.1.
prevent any person from exercising their right to defend any charge laid for
contravention of any section of this bylaw; or
8.6.2.
prevent any Peace Officer in lieu of serving an offense ticket, or any other
person, from laying an information or complaint against any person for
contravention of any section of this bylaw; or
8.6.3.
prevent any person from laying an information against any other person,
whether such person had made payment under the provision of this bylaw
or not, for contravention of any of the sections of this bylaw.
8.7.
A person guilty of contravening any of the provisions of this Bylaw for which no
specific penalty has been provided for in Schedule A or in Traffic Safety Act or
Regulations, shall be liable for a penalty as set out on the offence ticket pursuant to
the Provincial Offences Procedures Act and Regulations of not more than $1000.00.
Penalties herein are notwithstanding additional penalty and/or costs imposed by
the Court upon summary conviction and subject, where applicable, to Section
160(1) & (2) of the Traffic Safety Act.
8.8.
Any Peace Officer is hereby authorized by the Summer Village of Parkland Beach to
enforce the provisions of this bylaw and to issue offense tickets to any person who
they reasonably believe has contravened the provisions of this bylaw.
9. SEVERABILITY & REPEAL
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9.1.
If any portion of this bylaw is found by a court of competent jurisdiction to be
invalid, the invalid portion is to be severed and the remainder of the bylaw shall
remain in force and effect.
9.2.
The Summer Village of Parkland Beach Bylaw 2020-04 and all amendments thereto
are hereby repealed.
READ A FIRST TIME this 19th day of December, 2022
READ A SECOND TIME this 19th day of December, 2022
READ A THIRD TIME and passed this 19th day of December, 2022
_________________________________
Mayor
_________________________________
Chief Administrative Officer
Summer Village of Parkland Beach - Bylaw No. 2022-07
Page 9 of 9
SCHEDULE A
PENALTIES
Section
Offense
1st Offense
2nd and
Subsequent
Offenses
USE OF ROADWAYS & HIGHWAYS
3.1
Driving beyond posted speed limit
Traffic Safety
Act
3.2
Vehicle obstructing traffic
$80.00
$140.00
3.3
Repair vehicle on highway, non-emergency
$80.00
$140.00
3.4
Vehicle unattended while on a jack
$80.00
$140.00
3.5
Use of tire lugs, cleats, chains, etc.
$100.00
$175.00
3.6
Lack of ground protection when crossing ditch
$200.00
$350.00
3.7
Use of engine retarder brakes
$80.00
$140.00
3.8
Debris on highway or municipal land
$80.00
$140.00
ROAD RESTRICTIONS
4.3
Overweight or over-dimension vehicle without permit
$200.00
$350.00
4.7
Parking heavy or commercial vehicle for over 8 hours
$80.00
$140.00
4.8
Heavy equipment on/off-load on highway without
permit
$100.00
$175.00
TRAFFIC CONTROL DEVICES
5
Failure to obey Traffic Control Device
$80.00
$140.00
5.4
Traffic control device interference
$200.00
$350.00
PARKING
6.1
Prohibited parking on highway or municipal land
$80.00
$140.00
6.3
Unauthorized parking on private property
$80.00
$140.00
6.5
Parking RV or cargo trailer in south beach parking lots
$80.00
$140.00
6.5-6.6
Overnight parking in any public parking lot
$80.00
$140.00
6.7
Overnight parking and/or use of municipal land
$80.00
$140.00
6.9
Unauthorized use of disability-designated parking space
$100.00
$175.00
OFF-HIGHWAY VEHICLES
7.3.1
Off season
$80.00
$140.00
7.3.2
Outside permitted hours
$80.00
$140.00
7.3.4
Recreational use in Summer Village limits
$80.00
$140.00
7.3.5
Operation with no license plate and registration
$100.00
$175.00
7.3.6
Under-age or unlicensed operator
$80.00
$140.00
7.3.7
Operation without insurance
$100.00
$175.00
7.3.8
Speed over 20 km/hour
$100.00
$175.00
7.3.9
Failure to yield to pedestrians or traffic
$100.00
$175.00
7.3.10
Failure to wear helmet
$80.00
$140.00
7.4
Miniature vehicle with under-age operator
$80.00
$140.00
Any offense not listed above
$80.00
$140.00