Traffic Control By-law No. 1141 (Town of St. Paul)
St. Paul, Alberta
· No. 1141
· adopted 2008-04-28
· summary & facts
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BY-LAW# 1141
OF THE
TOWN OF ST. PAUL
A By-Law of the Town of St. Paul in the Province of Alberta
to provide for the control and management of traffic on
highways and to regulate and control public places within
the Town of St. Paul.
TABLE OF CONTENTS
Part 1- Interpretation
1.1
Title
1.2
Generality Implied
1.3
Definitions
Part 2 -Traffic Operations
2.1
Speed Limits
2.2
Vehicle on Sidewalk
2.3
Vehicle on Public Land
2.4
Obstructing Traffic
2.5
Vehicle Towing Conveyance
2.6
School Bus Flashing Lights
2.7
Bicycles on Sidewalk
2.8
AnimalTraffic
2.9
Interference with Traffic
Part 3--Parking
3.1
Parallel Parking Required
3.2
Stopping
3.3
General Parking Restrictions
3.4
Parking Zones
3.5
Vehicle on Jack
3.6
Abandoning of Vehicle
3.7
Lanes
3.8
Trailers and Recreational Vehicles
3.9
Time Limits
3.10
Temporary Parking Ban
3.11
Handicapped Space
3.12
Parking on Private Property
3.13
Parking on Town Property
3.14
Chalking Tires
Part 4
-- Trucks and Commercial Vehicles
4.1
Parking in Residential Area
4.2
Over Dimension Permit
4.3
Over Weight Permit
4.4
Tracked Vehicles
4.5
Vehicles with Metal Lugs
4.6
Heavy Vehicles
Part 5
-- Parades and Processions
5.1
Permit Required
5.2
Obtaining Permit
5.3
Speed of Parade
5.4
Military or Funeral Procession
Part 6 - Pedestrians
6.1
Street Crossing
6.2
Gathering in Public
6.3
Obstructing Traffic
6.4
Public Meetings
6.5
Pan Handling
6.6
Watching Parade
Part 7
-- Protection of Highways
7.1
Clearing of Sidewalks
7.2
Protection of Sidewalks from Overhead Accumulation
7.3
Sidewalk Hazard
7.4
Protection of Sidewalks from Damage
7.5
Damage to Highways
7.6
Deposits on Highways
7.7
Objects in Gutter
7.8
Display or Selling of Goods
7.9
Shopping Carts on Highways
7.10
Encroachments
7.11
Sight Distances at Intersections
7.12
Maintenance of Boulevards
7.13
Maintenance of Trees
7.14
Protection of Trees
7.15
Objectionable Noise
7.16
Engine Retarder Brakes
7.17
Recovery of Costs
Part 8
-- Public Land
8.1
Discarded or Stored Materials
8.2
Litter
8.3
Dead Animals
8.4
Protection of Public Land
8.5
Marking of Public Land
8.6
Placement of Bills, Signs and Displays
8.7
Fires
8.8
Fire Works
8.9
Firearms
8.10
Fire Fighting
Part 9
-- Authority of Council
9.1
Powerto Designate
9.2
Council Prerogative
Part 10
-- Breach
I 0. 1
Contravention
10.2
Owner Responsible
10.3
Removal and Impoundment of Vehicles
10.4
Offence Ticket
10.5
Continuing Offence
10.6
Violation Ticket
Part I I
-- Implementation
11.1
Repeal
I I .2
Effective Date
Readings
Schedule A (Fines)
BY-LAW# 1141
OF THE
TOWN OF ST. PAUL
A By-Law of the Town of St. Paul in the Province of Alberta,
to provide for the control and management of traffic on
highways and to regulate and control public places within
the Town of St. Paul.
Whereas, pursuant to the provisions of the Municipal Government Act 2000, Chapter
M-26 R.S.A. a municipality has direction control and management of all roads within the
municipality.
And Whereas, a Council may also pass a By-Law for municipal purposes respecting
people, activities and things in, on or near a public place or place that is open to the public.
Now Therefore, the Council of the Town of St. Paul, in the Province of Alberta, duly
assembled, and under the authority and pursuant to the provisions of the Municipal
Government Act, the Highway Traffic Act and the Motor Transport Act, does hereby enact;
1.
Interpretation
1.1
Title
This By-Law shall be known as the "TOWN OF ST. PAUL TRAFFIC CONTROL
BYLAW".
1.2
Generality Implied
Wherever the singular or masculine is used throughout this By-Law, the same shall
be construed to mean the plural or feminine respectively where applicable.
1.3
Definitions
1.3.1
"Act" means the Traffic SafetyAct, R.S.A. 2000, ChapterT-6 as amended or
substituted from time to time.
I .3.2
"Business Section" means all areas designated as retail commercial,
commercial transition, highway commercial, commercial industry and
industrial as defined in the Town of St. Paul Land Use Bylaw.
I .3.3
"Chief Administrative Officer" is the person appointed by Council in
accordance with Section 205 of the Municipal Government Act and is referred
throughout this bylaw as "CAO".
I .3.3
"Commercial loading or unloading space" shall mean a space on the vehicle
portion of a highway marked with a sign authorized by this By-Law permitting
free parking for commercial vehicles for a period not exceeding 30 minutes for
the purpose of loading or unloading goods to or from business premises.
1 .3.4
"Commercial Vehicle" means a motor vehicle as defined in the Traffic Safety
L
Act.
I .3.5
"Council" means the Council of the Town of St. Paul.
I .3.6
"Curb" means the actual curb, if there is one, and if there is no curb in
existence, shall mean the edge of a roadway.
I .3.7
"Curb Cut" means a construction in, on or across a sidewalk or curb designed
to allow vehicular access from a lot or parcel of land to a roadway.
I .3.8
"Double Parking" or any words or any expressions of similar meaning or
impart means the parking of a vehicle on a highway parallel to a vehicle
parked beside the curb or shall mean parking to the rear of any vehicle that is
angle parked at the curb.
I .3.9
"Emergency Vehicle" means a motor vehicle used:
1.3.9.1
ForPolice Duty;
I .3.9.2
For Municipal Enforcement;
I .3.9.3
By a Fire Service;
I .3.9.4
As an Ambulance; or
1 .3.9.5
For a purpose relating to maintenance of a public utility and
designated as an emergency vehicle under Sec. 1 7. 1 of the Act.
I .3.10 "Firearm" means any device that propels a projectile by means of explosion,
spring, air, gas, string, wire or elastic material or any combination of those
things;
I .3.1 1 "Fire Lane" means an access route for fire department vehicles required by
the Alberta Building Code for fire fighting purposes and marked by signage as
a fire lane.
1.3.12 "Handicap Loading Zone" means a portion of a highway set aside for the
exclusive use of vehicles for the loading and unloading of handicapped
passengers and are designated as such who display the appropriate placard.
I .3.13 "Heavy Vehicle" is defined as follows: a vehicle with or without a load,
exceeding any of the following:
1.3.13.1
Three axels, or
1 .3.12.2
A designated gross vehicle weight of 5,500 Kilograms.
1 .3.14 "Highway" is defined the same as the Traffic Safety Act and its amendments
thereof.
I .3.1 5 "Holiday" means
1.3.8.1
NewYear's Day
1.3.8.2
FamilyDay
1.3.8.3
Good Friday
I .3.8.4
Easter Monday
I .3.8.5
Victoria Day (the first Monday immediately preceding the 25th
of May in each year)
1.3.8.6
Canada Day
I .3.8.7
Annual Civic Holiday to be proclaimed by the Council of the
Town or by the Mayor of the Town (first Monday in August)
I .3.8.8
Labour Day (first Monday in September)
I .3.8.9
Thanksgiving Day when proclaimed as a holiday by the
Government of Canada or the Government of Alberta
1.3.8.10
Remembrance Day (November 11th)
I .3.8.11
Christmas Day, and
I .3.8. 12
the 26th of December or when such day falls on a Sunday, then
the 27th
December or when such day falls on a Monday, then
the 28th of December.
I .3.9
"Holiday Trailer" means:
I .3.9.1
a trailer that is designed, constructed and equipped as a
permanent or temporary dwelling or sleeping place, or
1.3.9.2
any structurethatis designed, constructed and equipped as a
permanent or temporary dwelling or sleeping place and
intended to or is capable of being loaded on to or carried upon
a motor vehicle or trailer.
1 .3. 1 0 "Lane" Or "Laneway" means a highway used to provide access to properties
in addition to the access provided by a frontage and/or flankage highway
including alleys and any Town utility lot to which the public is permitted
access.
I .3.1 1 "Maximum Weight" means:
I .3.1 1 .1
The maximum weight of a vehicle as recorded on the Official
Registration Certificate or Interim Registration Certificate for
vehicles issued by the Province of Alberta; or
1.3.11.2
lfthere is no such Official Registration Certificate or Interim
Registration Certificate for the vehicle, then the combined
weight of the vehicle and the heavies load shall be accordance
with the Alberta Motor Transportation Board Regulations.
1.3.12"Municipal GovernmentAct" shall mean the Municipal Government Act,
2000, Chapter M-26, R.S.A. and amendments thereto.
1 .3.12 "Objectionable Noise" is a noise which in the opinion of a peace officer is
1.3.12.1
a loud noise or,
I .3.12.2
an unnecessary noise which annoys, disturbs or endangers the
comfort, repose, health, peace or safety of others.
I .3.1 3 "Off-Highway Vehicle" shall mean the Traffic Safety Act RSA and
amendments thereof.
I .3.14 "Parade" or "Procession" means any group of pedestrians (excepting a
military or funeral procession) numbering more than 50 and marching or
walking in the street or on the sidewalk, or any group of vehicles(excepting
a military or funeral procession) numbering I 0 or more.
I .3.16 "Park" means to allow a vehicle (whether occupied or not) to remain standing
in one place except:
I .3.16.1
When standing temporarily for the purpose of and while actually
engaged in loading or unloading passenger; or
I .3.16.2
When standing in obedience to a Peace Officer or traffic control
device.
I .3.16 "Passenger loading or unloading space" means a space on the vehicle
portion of a highway marked with a sign authorized by this By-Law permitting
parking therein for the period necessary to load or unload passengers, and
the sign shall indicate the time or times, if any, when the space is restricted to
these purposes.
I .3. 1 7 "Peace Officer" means a member of the Royal Canadian Mounted Police, a
Community Peace Officer or a By-Law enforcement officer appointed for or by
the Town.
1.3.18 "Person" shall include a corporation, partnership, firm or organization.
I .3.1 9 "Public Land" means all Town owned lands intended for use by and open to
the public and all lands contained within the right-of-way of a highway.
I .3.20 "Recreational Vehicle" means a motor vehicle designed, constructed or
equipped as a temporary dwelling place or sleeping place.
1 .3.21 "Sidewalk" means that part of a highway especially adapted to use of or
ordinarily used by pedestrians, and includes that part of the highway between
1.3.21.1
the curb line, or
I .3.21 .2
where there is no curb line, the edge of the roadway, and the
adjacent property line whether or not it is paved or improved.
I .3.22 "Sign" mean any sign, signal, marking, or device placed, marked or erected
under the authority of this By-Law for the purpose of regulating, warning or
guiding traffic or persons on public land.
I .3.23 "Time" means either Mountain Standard Time or Mountain Daylight Saving
time, whichever is proclaimed to be in effect by the Province of Alberta.
I .3.24 "Tag" means:
1.3.24.1
A municipal violation tag, or
I .3.24.2
A tag authorized by the Provincial Offences and Procedures Act
and issued pursuant to this bylaw.
I .3.25 "Town" means the Town of St. Paul, a municipal corporation in the Province
of Alberta, and where the context so requires means the area contained
within the corporate boundaries of the said municipality.
I .3.26 "Utility Trailer" means a trailer used for transporting materials, goods or
equipment that is designed to be towed by a half ton pickup truck or smaller
vehicle.
I .3.27 "Works Superintendent" means the Works Superintendent appointed by
the Town or representative authorized by him.
2.
Traffic Operations
2.1
Speed Limits
2.1.1
Speed Limit General
Unless otherwise provided for in this By-Law the speed limit in Town shall
be 50 kilometres per hour.
2.1.2
Speed Limit In Lanes
No person shall drive a vehicle on any lane in the Town at a speed in excess
of 30 kilometres per hour.
2.2
Vehicle on Sidewalk
No person shall operate or park a motor vehicle on any sidewalk, bicycle path or
pedestrian path on any public land, unless it is an emergency vehicle or service
vehicle of the Town of St. Paul.
2.3
Vehicle on Public Land
Except for a peace officer, Town employee or agent of the Town acting in the
performance of his duties, no person shall operate or park a vehicle on public land
other than on areas designated for the operation or parking of such a vehicle.
2.4
Obstructing Traffic
No vehicle operator shall drive or park a vehicle upon any highway in such a manner
as to block, obstruct, impede or hinder traffic thereon. Where the obstruction in
unavoidable due to mechanical failure the operator will not be in breach of this
section provided he promptly takes adequate measures to clear the faulty vehicle
from the highway.
2.5
Vehicle Towing Conveyance
2.5.1
No person shall draw or tow by a vehicle any person riding upon a sled,
toboggan, skateboard, skis, bicycle, ice or in-line skates or other conveyance
on a highway.
2.5.2
No person shall allow himself to be drawn by a moving vehicle while he is
riding upon a sled, toboggan, skateboard, skis, bicycle, ice or in-line skates or
other conveyance on a highway.
2.6
School Bus Flashing Lights
No person shall operate the alternately flashing lights or the stop arm located on a
School bus upon any highway located within a school zone.
2.7
Bicycles on Sidewalk
No person shall ride a bicycle on a sidewalk except for a child's bicycle having a
wheel diameter of less than 0.46 meters ( 18 inches).
2.8
AnimalTraffic
2.8.1
No person shall permit any horse or other beast of burden and any vehicle
intended to be transported by it to stand or be upon a highway so as to
obstruct traffic thereon.
2.8.2
No person shall lead, ride or drive a horse or other beast of burden on any
public land other than on roadways.
2.8.3
No person shall leave a horse or other beast or burden unattended on public
land.
2.9
Interference With Traffic
No person shall place or shall permit or allow to be placed or maintained, at any
location in Town, a light or an object that reflects lights in such a manner so as to
distract or interfere with the vision of a person operating a vehicle on any
highway in Town.
3.
Parking
3.1
Parellel Parking Required
No person shall park a vehicle on a roadway unless the sides of it are parellel
to the curb and the right hand wheels of it are not more than 500 millimetres
from the right hand curb or in the case of a one way highway where parking
on either side is permitted, the wheels closest to the curb are not more than
500 millimetres from that curb and the vehicle is facing the direction of travel
authorized for that highway.
3.2
Stopping
No person shall stop a vehicle in a place or at a time prohibited by a sign
unless directed to do so by a peace officer or a traffic control device.
3.3
General Parking Restrictions
Unless required or permitted by this By-Law or by a traffic control device, or
in compliance with the directions of a peace officer, or to avoid conflict with
other traffic, a driver shall not stop or park his vehicle:
3.3.1
on a sidewalk, or the boulevard portion of a highway
3.3.2
on a crosswalk or on any part of a crosswalk
3.3.3
within an intersection other than immediately next to the curb in a
"T" intersection
3.3.4
at an intersection nearer than five (5) meters 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 traffic control
device indicates parking is permitted
3.3.5
within 5 meters on the approach to a stop sign or yield sign
3.3.6
within 5 meters of a fire hydrant, or when the hydrant is not located at
the curb, within 5 meters of the point on the curb nearest the hydrant
3.3.7
with 1 .5 meters of an access to a garage, fire lane, private road or
driveway, or a vehicle crossway over a sidewalk
3.3.8
within 5 meters of the near side of a marked crosswalk
33.9
alongside or opposite any street excavation or obstruction when the
stopping or parking would obstruct traffic
3.3.10 at any place where a traffic control device prohibits stopping or
parking, during the times stopping or parking is so prohibited
3.3.11 on the roadway side of a vehicle parked or stopped atthe curb or edge
of the roadway, or
3.3.12 next to a curb that has been painted yellow
3.3.13 contraryto the flow of traffic
3.4
Parking Zones
No person shall park a vehicle for any period of time whatsoever at any of the
following locations:
3.4.1
Construction Area
upon a highway in front of any building in course of erection or repair when
such parking will impede or obstruct traffic.
3.4.2
School Bus Stop
in a school bus zone so designated by a sign
3.4.3
Truck Loading Zone
in any truck or unloading space at a time when parking is prohibited by a sign
marking such space other than a truck lawfully engaged in loading or
unloading merchandise, except that such space may be used for the normal
parking of a vehicle on any holiday or at times other than those restricted by
H
the sign.
3.4.4
Passenger Loading Zone
in any passenger loading or unloading space marked by a sign indicating the
restrictions
which apply thereto except a vehicle lawfully engaged in loading
or unloading passengers.
3.4.5
Commercial Loading Zone
in any commercial loading or unloading space marked by a sign indicating the
restrictions which apply thereto other than a commercial vehicle lawfully
engaged in loading or unloading goods to or from business premises.
3.4.6
Emergency Doors
in any place where the vehicle will in any way interfere with the use of a
doorway intended as a fire or emergency exit from any building.
3.4.7
Entrance To Fire Hall Or Hospital
in the entranceway to any fire hall or hospital
3.4.8
Designated Vehicles
at a place or area where a sign indicates that parking there is restricted to a
designated class of vehicle only, which include but are not limited to:
3.4.8.1
police vehicles
3.4.8.2
By-Law enforcement vehicles, or
3.4.8.3
school buses during such time that such buses are being used
to transport students to and from the school, and loading and
unloading such students
3.4.9
on any portion of a highway marked by a "No Parking" sign, or on any portion
of a highway marked by a "Fire Lane No Parking" sign.
3.4.9
Double Parking
No person shall park a vehicle on a highway parallel to a vehicle parked
beside the curb or shall mean parking to the rear of any vehicle that is angle
parked at the curb.
3.5
Vehicle on Jack
No person shall leave a vehicle unattended on a highway if the vehicle has been
placed on a jack or a similar device,and
3.5.1
one or more wheels have been removed from the vehicle,
3.5.2
part ofthe vehicle is raised,
3.5.3
which include but not limited to utility trailers and recreational trailers
3.6
Abandoning of Vehicle
No person shall park a vehicle on a highway for any continuous period in excess of
72 hours
3.7
Lanes
No person shall park a vehicle in a lane unless a sign permits parking, but lanes may
be used for:
3.7.1
the loading and unloading of goods from a commercial vehicle for a period not
exceeding 30 minutes provided said vehicle does not restrict access to a
property not involved with the loading or unloading, or
3.7.2
the loading or unloading or goods or passengers from a vehicle other than a
commercial vehicle for a period not exceeding five (1 5) minutes, provided
the said vehicle does not obstruct the lane so as to prevent other vehicles or
persons from passing along the lane.
3.8
Trailers and Recreational Vehicles
3.8.1
No person shall park any recreational vehicle, attached or unattached trailer
holiday trailer on a highway except for the purpose of loading or unloading for
a period not exceeding 48 hours and only if it is located on that portion of
highway that lies immediately adjacent to the property it is being loaded from
or unloaded to.
3.8.2
Notwithstanding Subsection 3.8.1
, no person shall leave on a highway for any
period of time a device or object designated to be carried on a vehicle if it
is removed from the vehicle.
3.9
Time Limits
3.9.1
No person shall park a vehicle in excess ofthe time designated and marked
on a sign posted for the purpose of restricting the time for parking a vehicle.
3.9.2
After the issuance of an offence ticket concerning a vehicle for the first
violation of Subsection 3.9.1 and the vehicle remains parked for a further
period in excess of the time permitted on the sign, then a second offence
shall be deemed to have occurred and a further offence ticket may be issued
for such second offence.
3.9.2
Subsections 3.9.1 and 3.9.2. shall not apply on a holiday
3.10
Temporary Parking Ban
3.10.1 The Works Superintendent is hereby authorized to make provisions and
regulations in times of emergencies, during snow removal or street cleaning
operations, and in areas where construction or repairs are being carried out
upon or near highways related to the control and regulation oftraffic and,
without restricting the generality of the foregoing, may:
3.10.1.1
designate any highway as one which is closed temporarily in
in whole or in part to traffic and shall cause such highway to be
so marked
3. 1 0. 1 .2
designate any area as one which parking privileges are
temporarily suspended and shall cause such area to be so
marked,
3.10.1 .3
cause moveable signs to be placed on or near a roadway, such
signs to read "No Parking in this Block", or
3. 1 0. 1 .4
temporarily suspend the existing speed limit and restrict the
speed of vehicles to such speed as may be indicated on a sign
placed in such areas
3.10.2 The organizers of a parade or procession granted authorization under
Subsection 5.2.3 may place temporary no parking signs along the route of
the parade or procession.
3.10.3 No person shall park or drive a vehicle in contravention of any sign or signal
placed in accordance with any such provisions or regulations made under
Subsections 3.10.1 or 3.10.2.
3.10.4 No person shall tear down, remove or interfere with any such signs, signals,
barricades, flares or other things placed in accordance with Subsection
3.10.1 or 3.10.2.
3.10.5 No person shall park or leave parked a vehicle on a highway adjacentto any
block in Town after the expiration of 12 hours from the time a sign or signs
referred to in Article 3.10.1.3 or Subsection 3.10.2 have been placed in such
block until such sign or signs have been removed. Any vehicle found on a
highway adjacent to such a block so posted may be removed pursuant to
Section 10.3 herein.
3.11
Handicapped Space
No person shall park a vehicle on a highway or on public or private property in a
space reserved for handicapped parking, which is so designated by a sign without
having prominently displayed upon their vehicle a handicap placard or license plate
that is issued or recognized by the Minister responsible for the Traffic Safety Act.
3.12
Parking of Private Property
3. 1 2. 1 No persons shall park a vehicle or trailer on private land which has
been clearly marked as such by a sign containing the words "No
Parking, Private Property. Unauthorized vehicles will be towed at the
owners expense", or words to like effect, erected by the owner, tenant
or their agent unless such person has obtained the permission of the
owner, tenant, occupant or person in charge of the said private land.
3. 1 2.2 No person shall park a vehicle or trailer on a parking lot on private land to
which the public has access contrary to the terms, conditions or prohibitions
contained in a clearly marked sign erected at the entrance to or within the
boundaries of such private land by the owner, tenant, occupant or person in
charge of such private land.
3.12.3 Should any owner, tenant occupant or person in charge of private land be
satisfied that any person is violating a prohibition set forth in Subsection
3. 1 2. 1 or 3. 1 2.2 he may report the license number and location of the vehicle
in question to a peace officer. Any person so reporting shall give his name,
address, and telephone number on request.
3.13
Parking On Town Property
3.13.1 Town Property
No person shall park any vehicle upon any land owned by the Town, which
the Town uses or permits to be used as a playground, boulevard, recreation
area or public park, except on such part thereof that is designed for parking.
3.13.2 Town Parking Lot Regulations
No person shall park a vehicle on a Town owned parking lot in contravention
of the prohibitions stated on any sign placed in the said parking lot.
3.13.3 Time Limit For Parking
No person shall store any vehicle in any area designated as a Town Parking
Lot. A vehicle shall be deemed to be stored when it remains upon the area
longer than 36 hours. Any vehicle so stored may be removed and
j
impounded pursuantto Section 10.3 herein.
3.13.4Town Not Liable For Loss
The Town shall not be liable for any loss or damage howsoever caused that
may occur to any personal property including a vehicle while any vehicle is
parked on any area designated as a Town Parking Lot or upon any Town
lands.
3.14
Chalking Tires
For the purpose of enforcing this By-Law, a peace officer is authorized to place an
erasable chalk mark on the tread face of a tire of a parked vehicle without that peace
officer or the Town incurring any liability for doing so.
4.
Trucks & Commercial Vehicles
4.1
Parking in Residential Area
4.1.1
Maximum Size Of Vehicle
No person shall park any "heavy vehicle," or commercial vehicle, or
any type of construction equipment or machinery, or any machine used
in the process of farm or field husbandry on any highway in any area of
the Town of St. Paul, which is zoned for any class of residential use.
4.1.2
Maximum Length Of Vehicle
No person shall park a vehicle or a vehicle with a trailer attached
thereto other than a recreational vehicle, holiday trailer or utility trailer
if the overall length of the vehicle or vehicle with trailer attached
thereto exceeds 7.5 metres (30 feet) upon any highway at any hour
of the day or night when such vehicle or vehicle and trailer would be
located on either side of a highway in front of or on the flankage of
residential property.
4. 1 .3
Parking Of Truck Tractor
No person shall park a truck tractor unit on any highway of the Town
whether a semi-trailer or trailer is attached to it or not at any hour of
the day or night when said vehicle and trailer would be located either
in front of or across from or on the flankage of residential property.
4.1.4
Unloading Or Loading
The foregoing restrictions of Subsections 4.1 .1 and 4.1 .2 shall not
apply so as to prohibit such a vehicle from being on a highway for the
purpose of unloading or loading goods to or from adjacent premises.
4.2
Over Dimension Permit
No person shall operate or allow to be operated within the Town limits a vehicle
which exceeds any one of the dimensions citied in the regulations under the Act
without first obtaining a permit from the appropriate Province of Alberta Branch of
service. Such permit or copy of the same or the permit number must be in the
possession of the operator of such vehicle and shall be produced for peace officer
on demand.
4.3
Overweight Permit
No person shall operate or allow to be operated within the Town limits a vehicle
which exceeds the weight limits citied in the regulations under the Act without first
obtaining a permit from the appropriate Province of Alberta Branch of service. Such
permit or copy of the same or the permit number must be in the possession of the
operator of such vehicle and shall be produced for a peace officer on demand.
4.4
Tracked Vehicles
Unless permission to do so has been received by the Works Superintendent, no
person shall operate any vehicle with tracks upon or across any hard surfaced
roadway, sidewalk or curb.
4.5
Vehicles With Metal Lugs
Unless permission to do so has been received by the Works Superintendent, no
person shall operate on a highway a vehicle or trailer having metal spikes, lugs,
cleats, skids or bands projecting from the surface or the wheel, tire or track of such
vehicle. This prohibition does not apply to the use of tire with chains.
4.6
Heavy Vehicles
4.6.1
Heavy Vehicle Operation
Except as provided in Subsection 4.6.4, no person shall operate or park or
allow to be operated or parked a heavy vehicle upon a highway other than a
highway within a Commercial Area as defined by the Land Use Bylaw and
amendments thereto.
4.6.2
Recreational Vehicle Excluded
Notwithstanding the Subsection 4.6.2, recreational vehicles, holiday trailers
and utility trailers shall not be deemed to be heavy vehicles.
4.6.4
Exemptions
4.6.4. 1
The following shall not be deemed to be parked or to be
operating a heavy vehicle in contravention of Subsection 4.6.1
if the vehicle is being operated on the most direct and practical
route between the premises or location concerned and the
nearest truck route:
4.6.4.1.1
persons delivering or collecting goods or
merchandise to or from the premises of bona
fide customers,
4.6.4.1.2
persons moving a building requiring an over
dimension permit and for which an over dimension
permit has been issued,
4.6.4.1 .3
persons going to or leaving from premises for the
servicing of the heavy vehicle,
4.6.4.1 .4
persons pulling a disabled vehicle from a highway
prohibited to heavy vehicles, or
4.6.4.1.5
persons going to or leaving from a business
property of the owner or operator of the heavy
vehicle concerned if the vehicle is required for
business purposes at that property.
4.6.4.2
The following shall not be deemed to be in contravention of
Subsection 4.6.1:
4.6.4.2.1
persons driving a public passenger vehicle, or
4.6.4.2.2
persons driving a vehicle that is owned by or in
service of the Town and is engaged in work at
locations not designated as a truck route.
4.6.4.3
Persons that have more than one delivery,
collection or service in the same area may take all
deliveries, collections or services
within that area before proceeding by the most
direct and practical route to the nearest truck
route.
5.
Parades and Processions
5.1
Permit Required
5.1 .1
Subject to Section 5.4, no person or organization shall hold, organize or
take part in any parade or procession or organized foot race unless
permission in writing has first been obtained for such parade, procession
or foot race from the office of the Town CAO or Community Peace Officer.
5. 1 .2
Every member of a parade, procession or organized foot race and the
organization and leaders thereof shall be guilty of an offence for each and
every violation of this section.
5.2
Obtaining Permit
5.2.1
Any person desiring to hold a parade, procession or organized foot race
within the Town shall, not less than three weeks prior to the time they
desire to hold the same, make application to the office of the Town CAO or
Community Peace Officer in writing, and in such application shall furnish
information as follows:
5.2.1.1
the name and address ofthe applicant, and ifthe applicant
is an organization, the names of it's officers,
5.2.1.2
the nature and object ofsuch parade, procession offoot race,
5.2.1 .3
the day, date and hours during which same will be held, and
5.2.1.4
the intended route thereof
5.2.2
The written application shall include the signatures and addresses of the
person who will be in control of such parade, procession, or organized foot
race and who will be responsible for the good order and conduct thereof.
5.2.3
The Town CAO or Community Peace Officer may grant permission for
parades, processions and foot races, and where issued the permit shall
contain such directions to the applicant as are considered necessary to
prevent unnecessary and unreasonable obstruction of highways and may
include authorization to place temporary no parking signs along the route.
Upon granting permission pursuant to Subsection 5.2.3, the Town CAO or
Community Peace Officer shall notify the St. Paul RCMP Detachment so that
all necessary arrangements may be made by them for the proper policing of
the highway during such parade, procession or foot race.
5.3
Speed Of Parade
No parade shall obstruct any highway for a longer period than is reasonably
necessary.
5.4
Military Or Funeral Procession
5.4.1
The provisions of this part do not apply to any person participating in a
military offuneral procession.
5.4.2
Notwithstanding anything contained in the By-Law, any vehicle in a funeral
procession, except the lead vehicle, may during daylight hours enter an
intersection without stopping if:
5.4.2. 1
the four way flashers of the vehicle are alight,
5.4.2.2
the vehicle is traveling immediately behind the vehicle in front
of it so as to form a continuous line of traffic, and
5.4.2.3
the passage into the intersection can be made in safety.
6.
Pedestrians
6.1
Street Crossing
No pedestrian shall cross any highway at a point where a sign prohibits such
crossing.
6.2
Gathering In Public
Two or more persons shall not stand so near to each other on any highway as to
obstruct the entrance to buildings or to obstruct or prevent any other persons using
such highway, and shall forthwith disperse and move away on being requested to do
so by a peace officer or other authorized person.
6.3
Obstructing Traffic
No person shall stand, sit or lie on any highway or sidewalk in such manner as to
obstruct vehicular or pedestrian traffic or to annoy or inconvenience any other
person lawfully upon the highway.
6.4
Public Meetings
Nothing in Section 6.2 and 6.3 shall be construed as prohibiting the congregating or
assembling of individuals to attend and listen to public speaking so long as the
subject proceeding are peaceable and orderly and sufficient space is left on the
highway to allow free movement of the traffic, but should any highway at or near
such assembly become in consequence thereof so obstructed as to obstruct or
impede such traffic, the persons so obstructing or impeding shall forthwith move
away on being requested to do so by a peace officer or other authorized person.
Any person refusing of failing to move away upon being requested shall be guilty
of an offence under this By-Law.
6.5
Pan-Handling
No person or persons shall stop people on any public lands to ask for food or
monies, and shall forthwith cease and move away on being requested to do so by
a peace officer or other authorized person.
6.6
Watching Parade
Nothing in Sections 6.2 or 6.3 shall be construed as prohibiting the assembling of
persons for the purpose of watching a parade or procession duly authorized by the
Special Constable.
7.
Protection Of Highways
7.1
Clearing Of Sidewalks
7. 1
. 1
All persons owning or occupying premises in the following areas of Town
shall remove and clear away all snow, ice, dirt and other obstructions from
the sidewalk situated on land adjoining the property within 48 hours of the
time that such snow, ice or other obstruction was deposited thereon:
7.1 .1 .1
Commercial Cl or C2 districts under the Town land use By-Law,
and
7.1 .1 .2
Institutional (I) districts under the Town land use By-Law.
7.1 .2
lfthe requirements of subsection 7.1 .1 are not met, in addition to any fines
levied, the Town may remove the obstruction and charge the expenses
thereof to the owner or occupant.
In the event of non-payment of the
expenses, such expenses shall be charged against the property as a special
assessment to be recovered in a manner like other taxes.
7.2
Protection Of Sidewalks From Overhead Accumulation
7.2.1
No owner or occupant of a building located in close proximity to a Town
sidewalk shall allow snow, ice, dirt or other substance to accumulate on the
roof of or any projection from said building to the extent that the accumulated
substance may fall onto the adjacent sidewalk. Where an accumulation
hazard exists, the owner or occupant of the subject building shall take
immediate action to remove the accumulated substance with due care and
attention to the safety of pedestrians.
7.2.2
Where a potential accumulation hazard is discovered, the Town may give a
warning to the owner or occupant of the subject building to remove the
accumulation and if the owner or occupant fails to remove the accumulation
within 24 hours of receiving the warning the Town may cause the removal of
the accumulation and charge the expenses thereof of the owner or occupant.
In the event of non-payment ofthe expenses, such expenses shall be
charged against the property as a special assessment to be recovered in a
manner like other taxes.
7.3
Sidewalk Hazard
No person shall place, leave or suspend a cable, rope or other object on, across or
above any part of a Town sidewalk except for an electrical cord designed for outdoor
I
use and only if it is left in a manner that does not cause a hazard to legitimate users
of the sidewalk.
7.4
Protection Of Sidewalks From Damage
7.4.1
No person shall operate a heavy vehicle on or across any sidewalk except at
a curb or approved crossing without first planking the sidewalk to ensure that
the sidewalk will not be damaged.
7.4.2
No person shall cause any damage to any Town sidewalk by striking, picking
or cutting, whether or not such person is engaged in removing snow or ice
from the sidewalk.
7.4.3
Where damage is caused by a person's actions as described in this section,
the Town may repair such damage and charge all associated costs to that
person.
7.5
Damage To Highways
7.5.1
Protection Of Highway From Damage
No person shall drive or drag any vehicle or thing on a highway in any way
that may cause damage to the highway or any improvements thereon.
7.5.2
Excavations
7.5.2.1
No person shall damage or remove any earth, gravel, concrete,
pavement or other roadway appurtenance or make any
excavation within or under any highway within Town without
having first obtained permission from the Works Superintendent.
7.5.2.2
Where permission has been granted underArticle 7.5.2.1, any
person engaged in the subsequent work shall take adequate
precaution to protect the public from the work including the
placement of barricades, fences, lighting and any other
measures deemed necessary by the Works Superintendent.
7.5.2.3
Where permission has been granted under Article 7.5.2.1 any
person engaged in the subsequent work shall assume all
responsibility for any and all accidents or damages that may
occur as a result of the work.
7.5.3 Where damage is caused by a person's actions as described in this section,
the Town may repair such damage and charge all associated cost to that
person.
7.6
Deposits On Highways
7.6.1
Snow, Ice, Dirt
No person shall place or cause or allow to be placed on a highway any snow,
ice, dirt or other obstruction other than from a Town sidewalk.
7.6.2
Material Fallen From Vehicle
No person shall allow or cause any construction debris, refuse, soil or other
material to fall from any vehicle so as to be deposited on a highway.
L
7.6.3
Washing Vehicle
No person shall wash a vehicle so as to result in, mud, slush or ice forming or
.
being deposited on a highway.
7.6.4
Vehicle Fluids
No person shall cause radiator fluid, motor oil, fuel or any other vehicle fluid to
be deposited on a highway.
7.6.5
Salt
No person, unless with the permission or under the direction of the Works
Superintendent, shall sprinkle, spread or place any salt or corrosive material
on a sidewalk or on the roadway of any highway.
7.6.6
Contravention
7.6.6.1
Any person who contravenes any provision of Section 7.6 shall
remove any such deposit from the street within 24 hours of the
time that the deposit was placed thereon.
7.6.6.2
The Town may, after the expiration of the 24 hours, remove the
deposit required to be removed by Article 7.6.6.1 and charge
the expenses to the person who has placed, caused or allowed
to be placed the deposit upon the highway.
:
7.6.6.3
No employee of the Town shall be liable for contravention of
Section 7.6 when acting in the performance of his duties.
7.7
Objects In Gutter
7.7.1
No person shall place or leave a pipe, lumber or other thing in or over a gutter
without permission from the Works Superintendent.
7.7.2
No person shall place or leave anything in a gutter that may obstruct the flow
of water.
7.8
Display Or Selling Of Goods
No person shall display, offer for sale, or sell any goods on any part of a highway
unless written permission is first obtained from the Town.
7.9
Shopping Carts On Highways
No person shall leave any shopping cart on a highway.
7. 1 0
Encroachments
No person shall allow an encroachment on or over the property line of any highway
within the Town or shall build any fence, house or building, structure, post or part
thereof of any kind over any such line after the same has been duly established by
law, registered survey plan, or resolution of Council, or shall obstruct in any way the
highways within the Town except as specifically provided for in this By-Law or any
other By-Law or except in accordance with any contract that may be entered into
between the Town and that person.
7.1 1
Sight Distances At Intersections
No person shall allow trees, shrubs or signs of any type on private property whether
planted before or after the date of the passing of this By-Law to grow to such an
extent that good visibility for safe traffic flow is thereby interfered with.
7.12
Maintenance Of Boulevards
All property owners or occupants are charged with the responsibility of maintaining
the boulevard adjacent to their property. No owner or occupant of property shall
allow the grass, weeds, or other vegetation on a boulevard adjacent to the subject
property to become a nuisance by growing uncontrolled.
7.13
Maintenance Of Trees
No owner of property shall allow trees, shrubs, or other vegetation growing on his
property, or on a boulevard adjacent to his property if planted by him or a previous
owner of the property, to grow so that the clearance of any branches is less than 2
meters (6.6 ft.) over a public pedestrian walkway or less than 4.6 meters (15 ft.); a
street or lane. Further, no shrubs, etc shall encroach onto the sidewalk area.
7.14
Protection Of Trees
Except for trimming permitted or required under Section 7.1 3, no person shall
remove, pollard, destroy or injure any tree that is planted or growing on a boulevard
without written permission from the Town.
If a request for removal of a tree is
granted, the adjacent private property owner shall be responsible for the cost of
such removal. lfthe Town requires the removal of a tree in a boulevard, it shall be
responsible for all costs associated with the tree removal.
7.15
Objectionable Noise
No person shall cause any objectionable noise within the corporate limits of the
Town.
7.18
Engine Retarder Brakes
No person shall apply, engage, or use engine retarder brakes on any truck in any
part of the Town.
7. 1 9
Recovery Of Cost
In addition to any penalty levied, the Town may require any person in contravention
of Section 7.7, 7.10, 7.11, 7.12, 7.13 or 7.14 to take corrective action within ten (10)
days of being notified to do so.
If the person fails to comply with such notice the
Works Superintendent may direct employees or agents of the Town to carry out the
work and to enter upon the private property if necessary to do so and may charge
the cost of so doing against the person in default. Should such person fail to make
payment, the amount so charged may be levied against the land and may be
recovered in the same manner as taxes.
8.
Public Land
8.1
Discarded Or Stored Materials
8.1 .1
No person shall place or store debris, material or equipment or any other
substance or thing on public land without first having obtained permission to
do sofrom the Town.
8. 1 .2
Any person who has placed or caused to be placed any substance or thing on
public land without permission shall remove or cause the removal thereof as
soon as reasonably possible and in any event no longer than twenty-four (24)
hours after notification to do so by the Town. After twenty-four (24) hours or
such lesser time as specified by the notice the Works Superintendent may
remove the deposit, perform all necessary repairs and charge the costs
thereof to the person who caused the deposit.
8.2
Litter
No person shall place or leave any nuisance or offensive matter or any trash or
waste material on public land except in a refuse container approved for use for the
subject material.
8.3
Dead Animals
No owner or possessor of any animal, which has died, shall allow the animal to lie
on public land and where an animal has died on public land, the owner or possessor
shall immediately remove and appropriately dispose of the animal.
8.4
Protection Of Public Land
8.4.1
Damage
No person shall remove, deface or cause damage to the flora, sod,
equipment, signs, fencing, play fields or other fixtures located on public land.
8.4.2
Interference With Soil
No person shall plough, dig up, take, carry away or in any way interfere with
any earth, gravel, sand, turf, soil or grass on public land unless permission
from an authorized Town official has first been granted.
8.4.3
Recovery Of Costs
Where damage is caused by a person's actions as described in this Section,
the Town may repair such damage and charge all associated costs to that
person.
8.5
Marking Of Public Land
No person shall paint, chalk or otherwise mark any roadway, sidewalk, sign or other
improvement or fixture on public land, except for a Town employee or representative
acting in the performance of his duties. Where damage is caused or cleaning is
required because of a person's actions described in this section, the Town may
repair such damage or undertake any necessary cleaning and charge all associated
costs to that person.
8.6
Placement Of Bills, Signs and Displays
8.6.1
Posting of Bills
No person shall post or attach any advertisement, notice or other bill on any
sign, utility pole, tree, fence or other fixture on public land unless it is placed
in accordance with the governing rules at a specific location approved for that
purpose.
8.6.2
Placement Of Signs Or Displays
Unless specifically permitted in another By-Law or by Town policy or
approved by an authorized Town official, no person shall place or cause to be
placed any freestanding sign, notice or display on public land.
8 6 3
Responsibility For Bills Signs And Displays
Where a person has placed something that is permitted in this section, that
person shall:
8.6.3.1
ensure thatthe thing does not cause a nuisance by becoming
litter, unsightly, or a hazard to users of the public land, and
8.6.3.2
remove and properly dispose of the thing within 24 hours of the
passing of the event if the thing refers to a specific event.
8 6 4
Contravention
i
Any sign, notice, display, advertisement or other thing place in contravention
of this section may be immediately impounded and disposed of by the Town
with all associated costs being charged to the person responsible for placing
the thing.
8.7
Fires
Unless otherwise approved by an authorized Town official, no person shall set or
.
maintain any fire on any public land except in an approved fireplace, pit or other
facility designed for that purpose.
If a person is found to be in contravention of this
section, any costs associated with extinguishing the fire and cleaning up the remains
may be charged to that person in addition to any fines levied.
8.8
Fireworks
Unless otherwise approved by a peace officer or Town CAO, no person shall
discharge, fire or set off fireworks within the limits of the Town.
8.9
Firearms
8.9.1
Carrying Firearms
No unauthorized person shall carry any firearm upon public land.
8.9.2
Discharging Firearms
No unauthorized person shall discharge any firearm within the limits of the
Town.
8.10
Fire Fighting
8.10.1 Fire Line
No person shall pass beyond a point designated by a peace officer or
member of the Town Fire Department near the location of a fire without
permission from a peace officer or member of the Town Fire Department.
8.10.2 Driving Over Fire Hose
No person shall drive a vehicle on or over any unprotected fire hose.
8.1 0.3 Authorization To Direct Traffic
In the case of fire or other emergency, a peace officer or member of the Town
Fire Department is authorized to direct traffic in such a manner, as he deems
necessary whether or not such direction is in conformity with the provisions of
this By-Law.
9.
Authority of Council
9.1
Power to Designate
Council is hereby authorized to designate:
9.1 .1
the location of cross-walks upon highways,
9.1 .2
any intersection, highway or place on a highway where u-turns are prohibited,
9.1 .3
any highway as one which is closed temporary or in part to traffic,
9.1 .4
any area as one in which parking privileges are temporarily suspended,
9.1.5
the location of"school zones" and "playground zones",
9.1.6
a boulevard upon which parking is permitted,
9.1.7 passenger ortruck loading or unloading spaces,
9.1.8
the distance from any intersection within which no parking is permitted,
9. 1 .9
a portion of highway where parking is limited to a period of time,
9. 1 .1 0 portions of highway where stopping is prohibited entirely, or for a specified
period of time,
9.1.11 Town employee parking areas,
9. 1
. I 2 the locations where traffic control devices are to be installed or removed and
shall cause a record of the locations of all signs erected to be kept, which
shall be open to public inspection during the hours that the Office is open for
business,
9. 1
. I 3 such Town owned lands as it deems necessary as Town parking lots,
9.1.l4the location and number of handicapped parking spaces as it deems
necessary on highways and Town lands,
9. 1 .1 5 any intersection or other place on a highway as a place at which no left hand
turn or no right hand turn or both shall be made,
9.1.16 speed limits not contrary to the Highway Traffic Act on any highway or portion
thereof, and
9. 1
. I 7 locations on public land where bills may be posted and establish rules for the
placement of such bills.
9.2
Council Prerogative
Council may:
9.2.1
prohibit or restrict the movement of vehicles from a private driveway onto a
highway or from a highway onto a private driveway when Council considers
such prohibition or restriction is in the public interest and for the better
regulation of traffic,
9.2.2
specify the type of vehicles, which are prohibited from parking on any Town
owned parking lot,
9.2.3
approve the form and content of all signs and traffic control devices utilized by
the Town and by owners of private land regulated under the provision of this
By-Law,
9.2.4
temporarily impose load limits on any highway in the case of unfavourable
road conditions, or
9.2.5
grant permission for the use or occupation of a highway or road allowance
or portion thereofwhen it is not required for public use, such permission to
be terminable on 30 days written notice.
10.
Breach
I 0. 1
Contravention
Any person who contravenes any of the provisions or requirements of this By-Law is
guilty of an offence and is liable for and subject to the penalty as outlined in
Schedule "A".
10.2
Owner Responsible
Where a vehicle is driven, used, parked or left in contravention of any provision of
this By-Law, the owner of the vehicle is liable for the contravention and shall make
payment of the penalty prescribed herein unless there is evidence to the contrary
before the court that at the time of the contravention, the vehicle was not driven,
used, parked or left by him or by any other person with his consent, express or
implied.
10.3
Removal And Impoundment Of Vehicles
10.3.1 A peace officer is hereby authorized to remove or cause to remove and
impound any vehicle:
I 0.3. 1
. I
operated or parked in contravention of any provision of this
By-Law, or
10.3.1.2
where emergency conditions may require such removal from
a highway.
10.3.2 No person shall attempt to prevent or in any way interfere with the
impounding of any vehicle.
I 0.3.3 An impounded vehicle may be removed to and stored at a place designated
by the peace officer. The Town shall not be liable for any damages sustained
by the vehicle or losses from the vehicle during the removal operation or while
it is in storage.
I 0.3.4 The registered owner of an impounded vehicle shall be liable for the cost of
removal and storage of such vehicle in addition to any fine or penalty imposed
in respect of any such violation, or to any payment made in lieu of prosecution
as hereinafter provided. Such costs shall be paid before the vehicle is
released.
10.3.5 Impounded vehicles remaining unclaimed after 30 days from the date of
removal may be disposed of in accordance with the provisions of the Traffic
Safety Act and amendments thereto.
10.4
Offence Ticket
10.4.1 Where a peace officer has reasonable grounds to believe that a person has
contravened any provisions of this By-Law, he may serve upon such person
an offence ticket allowing the payment of the specified penalty listed in
Schedule "A" to the Town within 14 days ofthe issuance ofthe offence ticket.
Such payment shall be accepted by the Town in lieu of prosecution of the
offence.
I 0.4.2 Service of an offence ticket shall be sufficient if it is:
10.4.2.1
personally served,
10.4.2.2
attached to the vehicle in respect ofwhich an offence is alleged
to have been committed, or
10.4.2.3
mailed by registered mail to the address ofthe registered owner
of the vehicle or to the person in possession of the said vehicle.
I 0.4.2.4
mailed in accordance with the Provincial Offences Procedure
Act and amendments thereto and the Traffic Safety Act and
regulations thereof including amendments thereto.
1 0.4.3 The offence ticket shall state:
10.4.3.1
the name and address ofthe offender if ascertainable,
10.4.3.2
the offence,
10.4.3.3
the location, date and time ofthe offence,
I 0.4.3.4
the appropriate penalty for the offence as specified in Schedule
"A" of this By-Law, and
10.4.3.5
that he penalty shall be paid within fourteen (14) days of the
issuance of the offence ticket to avoid prosecution for the
offence.
10.5
Continuing Offence
Unless otherwise stated in the By-Law, where a contravention of this By-Law is of a
continuing nature, further office tickets may be issued by a peace officer, provided
however, that no more than one offence ticket shall be issued for each day that the
contravention continues.
10.6
Violation Ticket
If the penalty specified in the offence ticket is not paid within the prescribed time
period, then a peace officer is hereby authorized to issue a violation ticket regarding
the offence in accordance with the provisions of the Provincial Offences Procedure
Act Chapter P-34 R.S.A. 2000 and amendments thereto.
11 Interpretation
11.1
Repeal
This By-Law shall repeal By-Law I I I 9 and amendments thereto upon this By-Law
coming into force.
I I .2
Effective Date
This By-Law shall come into full force and effect upon final passing thereof.
READ a first time in Council this
28th day of
April
, 2008.
READ a second time in Council this
28th
day of April
, 2008.
READ a third time in Council and Finally Passed this
28th
day of April
, 2008
Mayor
c.lermn Andersen
Ron Boisvert