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Bylaw No. 217-07
AMENDED JUNE 9, 2018
A bylaw of the Summer Village of Ross Haven, in the Province of Alberta, regulating the
parking of vehicles within the boundaries of the Summer Village.
WHEREAS the Municipal Government Act, R.S.A. 2000, C.M.26, as amended, and the Traffic
Safety Act, R.S.A. 2000, Chapter T-6, as amended, provide that a municipality may enact bylaws
for the regulation and control of vehicle parking.
AND WHEREAS the Council of the Summer Village of Ross Haven deems it necessary and
convenient to enact a bylaw regulating the parking of vehicles on highways and other areas
within the boundaries of the Summer Village.
NOW THEREFORE, the Municipal Council of the Summer Village of Ross Haven, duly
assembled, enacts as follows:
1.
This bylaw shall be cited as the Summer Village of Ross Haven's "Parking Bylaw";
2.
In this bylaw:
(a)
"Commercial Vehicle" means any motor vehicle, trailer or truck tractor exceeding
a maximum allowable weight of 5,500 kilograms used for the purposes of
conducting a business activity but does not include any motor vehicle, trailer or
truck tractor operated by or on behalf of the Summer Village of Ross Haven.
(b)
"Heavy Vehicle" means a vehicle, with or without load, or a vehicle with a trailer
attached exceeding any one of the following:
i.
11 meters in length;
ii.
a maximum allowable weight of 5,500 kilograms;
but does not include Recreational Vehicles or Heavy Vehicles operated by or on
behalf of the Summer Village of Ross Haven.
(c)
"Highway" means any thoroughfare, street, road, trail, avenue, parkway,
driveway, viaduct, 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:
i.
a sidewalk (including the boulevard portion of the sidewalk);
ii.
if a ditch lies adjacent to and parallel with the roadway, the ditch, and;
iii.
if a highway right or 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, but;
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iv.
does not include a place declared by the Lieutenant Governor in Council
not to be a Highway.
(d)
"Manager" means the Chief Administrative Officer of the Summer Village, or his
delegate.
(e)
"Owner" means any person registered as owner or renting a motor vehicle or
having the exclusive use of it under a lease or otherwise for a period of more than
30 days;
(f)
"Parking Control Officer" means any person or persons appointed by the Summer
Village Council to administer the provisions of this bylaw;
(g)
"Park", when prohibited, means to allow a vehicle (whether occupied or not) to
remain standing in one place, except:
i.
when standing temporarily for the purpose of and while actually engaging
in loading or unloading passengers or goods or performing a service, or;
ii.
when standing in obedience to a Peace Officer or traffic control device.
(h)
"Peace Officer" means a member of the RCMP, a Parking Control Officer or
Special Constable appointed pursuant to the provisions of Section 38 of the Police
Act, R.S.A. 2000, Chapter P-17 and all amendments and successors thereto.
(i)
"Public Property" means property owned or under the care, control and
management of the Summer Village but does not include Highways;
(j)
"Recreational Vehicle" means a vehicle or trailer that is designed, constructed and
equipped either temporarily or permanently as a temporary accommodation for
travel, vacation or recreational use and includes duly licensed travel trailers,
motorized homes, sliding campers, chassis mounted campers, boats, all terrain
vehicles, snowmobiles and tent trailers.
(k)
"Traffic Control Device" means any sign, signal, marking or device placed,
marked or erected by the Summer Village under the authority of the Traffic Safety
Act for the purposes of regulating traffic and parking;
(l)
"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 including 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;
(m)
"Truck" means a vehicle designed primarily for the transportation of property or
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equipment but does not include a chassis cab, crawler mounted vehicle, trailer
machinery or equipment used in the construction or maintenance of highways;
(n)
"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;
(o)
"Vehicle" means a device in, or by which a person or thing may be transported or
drawn on a highway, but does not include a mobility aid.
(p)
"Violation Tag" means a ticket or similar document issued by the Summer
Village pursuant to Part II of the Provincial Offences Procedure Act, R.S.A. 2000
c. P-34, and which requires payment in the amount specified in this bylaw or the
Traffic Safety Act or the Provincial Offences Procedures Act or regulations
thereto.
(q)
"Violation Ticket" means a ticket issued pursuant to Part III of the Provincial
Offences Procedure Act, R.S.A. 2000, Chapter P-34, as amended and regulations
thereunder.
3. No owner or operator of a Commercial or Heavy Vehicle shall park or permit the
Commercial or Heavy Vehicle to be parked in any area within the Summer Village other than
in an area designated by a sign for such purposes unless a permit has been issued by an
official of the Summer Village authorized to do so permitting the parking on such terms and
conditions as may be contained within the permit.
4. The provisions of Section 3 shall not prohibit Commercial or Heavy Vehicles from parking in
any area within the Summer Village for the purpose of loading or unloading passengers or
goods to or from premises within the Summer Village, provided that the Commercial or
Heavy Vehicle shall have all front and rear hazard lights illuminated.
5. No person shall park a vehicle on private property without the prior permission of the owner,
tenant, occupant or person in charge of the private property.
6. Notwithstanding the provisions of Section 5, parking of vehicles is permitted where parking
spaces or a parking area have been provided for the parking of vehicles of persons who are
customers or patrons of or otherwise doing business with the owner, tenant, occupant or
person in charge of the private property.
7. No person shall park a Recreational Vehicle anywhere in the Summer Village except on
private property.
8. No person shall park a trailer or construction equipment on any portion of a street unless the
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trailer is attached to a vehicle that is mechanically capable and properly equipped for towing in
a safe manner and a building/development permit is approved, not to exceed 24 hours.
9. No person shall park a vehicle in a parking space designated for exclusive use of disabled
persons unless:
(a)
such vehicle has clearly display an identification placard, and is at that time being
operated by or transporting the person to whom the identification placard has been
issued; or
(b)
such vehicle has a disabled parking license plate.
10. All persons owning or operating vehicles shall comply with all Traffic Control Devices
authorized by this or any other bylaw of the Summer Village.
11. Unless required or permitted by this bylaw, by a permit issued by the Summer Village, by a
Traffic Control Device, or in compliance with the direction of a Peace Officer, or to avoid
conflict with other traffic, an owner or operator shall not stop or park his vehicle or permit
his vehicle to be stopped or parked:
(a)
On a sidewalk;
(b)
On a crosswalk or on part of a crosswalk;
(c)
At an intersection nearer than 5 meters to the projection of the corner property
line immediately ahead or immediately to the rear, except when his Vehicle is
parked in the space where a Traffic Control Device indicates parking is permitted;
(d)
Within 5 meters of any fire hydrant or when the hydrant is not located at the curb,
within 5 meters of the point on the curb nearest the hydrant;
(e)
At any place where a Traffic Control Device prohibits stopping or parking during
the time stopping or parking is prohibited;
(f)
Public Property
12. The Manager may authorize the placement, on or near a Roadway, of temporary signs that
read "No Parking" or contain an international symbol that indicates "No Parking." After
such signs are placed on or near a Roadway, no Person shall park or leave a Vehicle in
contravention of such sign.
13. Where a Traffic Control Device restricts the parking of Vehicles to a number of minutes or
hours, no Person shall park or leave a Vehicle in excess of the time so designated and marked
on the Traffic Control Device.
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14. After the issuance of a Violation Ticket to a Vehicle for a violation of Section 12, if a Vehicle
remains parked in excess of the time permitted on the Traffic Control Device for a further
period, a second offence shall be deemed to have occurred.
15. Except as otherwise set out in this bylaw Council hereby delegates to the Manager the
authority to regulate and control the use of all Highways in the Summer Village as defined in
this bylaw or the Traffic Safety Act. Examples of the authority to regulate and control
include but are not limited to regulating and controlling access to and from Highways, and
imposing local limits on Highways.
16. The Manager is hereby delegated the authority to prescribe where Traffic Control Devices,
either permanent or temporary, are to be located including Traffic Control Devices restricting
the speed of Vehicles.
17. Any Peace Officer is hereby authorized to remove or cause to be removed any Vehicle or
trailer:
(a)
parked or left at a standstill in contravention of this bylaw; or
(b)
where emergency conditions may require such removal from a Highway.
18. Pursuant to Section 16 any Vehicle or trailer may be removed by a towing company
contracted by the Summer Village to perform such services to a place designated by the
Manager where it will remain impounded until claimed by the owner thereof or his
authorized agent, but the said Vehicle or trailer shall not be released to the Owner or his
authorized agent until the towing, storage and other reasonable cots of the Summer Village
have been paid by the Owner.
19. Where a Vehicle, including any goods being carried by the Vehicle, is seized, immobilized,
detained, removed, transported, or stored pursuant to the directions of a Peace Officer, all
associated costs are a lien on the Vehicle unless otherwise provided for by the Traffic Safety
Act.
20. Any Peace Officer, when enforcing the provisions of the Traffic Safety Act or this bylaw,
may place an erasable chalk mark on tread of the tire of a parked or stopped Vehicle without
that Person or the Summer Village incurring any liability for doing so.
21. No Person shall remove an erasable chalk mark placed under Section 18 while the vehicle
remains parked in the location where it was marked.
22. Any person who contravenes any provision of this bylaw is guilty of an offense and is liable
to a penalty of $300.00.
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23. A Parking Control Officer is hereby authorized and empowered to issue a Violation Tag to
any person whom the Parking Control Officer has reasonable grounds to believe has
contravened any provision of this bylaw.
24. A Violation Tag shall be deemed to be sufficiently served:
(a)
if served personally on the accused;
(b)
if mailed to the address of the registered owner of the vehicle concerned; or
(c)
attached or left upon the vehicle or property in respect of which the offence is
alleged to have been committed.
25. Where a Violation Tag is issued pursuant to this bylaw, the person to whom the Violation
Tag is issued may, in lieu of being prosecuted for the offense, pay to the Summer Village the
penalty specified in the Violation Tag.
26. In those cases where a Violation Tag has been issued and if the penalty is not paid within the
prescribed time period, then a Parking Control Officer is hereby authorized and empowered
to issue a Violation Ticket pursuant to Part III of the Provincial Offenses Procedure Act,
R.S.A. 2000 P-34.
27. Notwithstanding the previous paragraph of this bylaw, a Parking Control Officer is hereby
authorized and empowered to immediately issue a Violation Ticket pursuant to Part III of the
Provincial Offenses Procedure Act, R.S.A. 2000 P-34 to any person to whom the Parking
Control Officer has reasonable grounds to believe has contravened any provisions of this
bylaw.
28. Should any provision of this bylaw be invalid, then such provision shall be severed, and the
remaining bylaw shall be maintained.
29. Bylaw 177 is hereby repealed.
READ A FIRST TIME IN COUNCIL
THIS 9TH DAY OF JUNE 2018.
READ A SECOND TIME IN COUNCIL
THIS 9TH DAY OF JUNE 2018.
READ A THIRD TIME IN COUNCIL
AND DULY PASSED
THIS 9TH DAY OF JUNE 2018.
_____________________________________
Mayor Louis Belland
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_____________________________________
Municipal Administrator - Larry Horncastle
358285;June 11, 2018