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BYLAW 16-2015
TRAFFIC BYLAW
Table of Contents
Section 1: Short Title
Page 3
Section 2:
Definitions
Page 3
Section 3: Weight Restrictions and Road Bans
Page 12
Section 4: Transportation of Dangerous Goods
Page 13
Section 5: School Bus Warning Lights and Stop Arms
Page 16
Section 6: Special Roadway Events
Page 16
Section 7: Rights-of-Way Construction Activity
Page 17
Section 8: Parking
Page 19
Section 9: Off-Highway Vehicles
Page 26
Section 10: Truck Routes
Page 27
Section 11: Deposit of Snow, Ice and Debris on Roads
Page 28
Section 12: Delegation of Authority
Page 28
Section 13: Offences
Page 29
Section 14: Violation Tags
Page 30
Section 15: Violation Ticket
Page 31
Section 16: Severability
Page 31
Section 17: Repeal of Bylaws
Page 31
Section 18: Effective Date
Page 31
List of Permits
Page 33
List of Schedules
Page 34
Page | 2
SCHEDULE "A"
DANGEROUS GOODS ROUTES
Page 35
SCHEDULE "B"
RESTRICTED DANGEROUS GOODS ROUTES
Page 36
SCHEDULE "C"
MAP SHOWING MUNICIPAL DANGEROUS GOODS
ROUTES AND RESTRICTED DANGEROUS GOODS
ROUTES
Page 37
SCHEDULE "D"
DANGEROUS GOODS ROUTE SIGNS
Page 38
SCHEDULE "E"
GUIDELINES FOR APPLICATIONS AND APPROVAL
FOR USE OF HIGHWAYS FOR OFF-HIGHWAY
VEHICLE EVENTS
Page 40
SCHEDULE "F"
STATUTORY DECLARATION FOR OFF-HIGHWAY
VEHICLE EVENTS
Page 42
SCHEDULE "G"
RELEASE, WAIVER AND INDEMNITY AGREEMENT
FOR OFF-HIGHWAY VEHICLE EVENTS
Page 43
SCHEDULE "H"
HEAVY VEHICLE TRAFFIC - SCHEDULE OF TRUCK
ROUTES IN THE SHERWOOD PARK URBAN SERVICE
AREA
Page 45
SCHEDULE "I"
HEAVY VEHICLE TRAFFIC - SCHEDULE OF
RESTRICTED TRUCK ROUTES IN THE SHERWOOD
PARK URBAN SERVICE AREA
Page 47
SCHEDULE "J"
PRIVATE PROPERTY "NO PARKING" SIGNS
Page 48
SCHEDULE "K"
OFFENCES
Page 49
Page | 3
BYLAW 16-2015
TRAFFIC BYLAW
A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA TO
CONTROL AND MANAGE TRAFFIC UPON THE HIGHWAYS WITHIN
STRATHCONA COUNTY
WHEREAS the Municipal Government Act, RSA 2000, c. M-26 provides that a
municipality has the direction, control and management of all roads within the
municipality;
AND WHEREAS the Municipal Government Act, RSA 2000, c. M-26 provides that
Council may pass bylaws for municipal purposes respecting the safety, health and
welfare of people and the protection of people and property and the people,
activities and things in, on or near a public place or place that is open to the public;
AND WHEREAS the Dangerous Goods Transportation and Handling Act, RSA 2000,
c. D-4 provides that Council may, by Bylaw, regulate the transportation of
dangerous goods on highways under its direction, control and management;
AND WHEREAS the Traffic Safety Act, RSA 2000, c. T-6 ("the Act") provides that
the Council of a municipality may, with respect to a highway under its direction,
control and management, make bylaws that are not inconsistent with the Traffic
Safety Act;
NOW THEREFORE, the Council of Strathcona County, duly assembled, enacts as
follows:
SECTION 1: SHORT TITLE
1.1
This Bylaw may be cited as "Strathcona County's Traffic Bylaw".
SECTION 2: DEFINITIONS
Except as otherwise provided in this Bylaw, the terms used in the Act
where used or referred to in this Bylaw shall have the same meaning as
used or defined in the Act.
2.1
"Act" means the Traffic Safety Act, RSA 2000, c.T-6 as amended
or substituted from time-to-time.
2.2
"Alignment" means a location specified or approved by the
Municipality for the location of Equipment in Rights-of-Way.
2.3
"Applicant" means a person applying for a Permit.
2.4
"Bus Stop" or "Transit Zone" means an area designated by a sign
that extends twelve (12) metres in front and twenty-three (23)
metres behind the sign, or is designated by two (2) signs marking
Page | 4
the beginning and end of the zone; and is expressly reserved for
the use of transit Vehicles.
2.5
"Chief Commissioner" means the Chief Administrative Officer of
Strathcona County as appointed by Council and whatever
subsequent title may be conferred on that officer by the County or
by Statute, and includes his or her designate.
2.6
"Commercial Vehicle" means any Vehicle, Trailer or semi-trailer,
used for the purpose of conducting a business activity except:
(a)
a truck, Trailer, semi-trailer or Transit Vehicle that is a
public service Vehicle; or
(b)
a truck, Trailer, semi-trailer or Transit Vehicle or any class
of Vehicle that is exempted from being classified as a
Commercial Vehicle by the regulations or by any order of
the Alberta Motor Transport Board;
and includes:
(c)
a Vehicle from which sales are made of goods, wares,
merchandise or commodity; and
(d)
a Vehicle that is used for the delivery of goods, wares,
service, merchandise or commodity to a purchaser or
consignee thereof.
2.7
"Council" means the Council of Strathcona County.
2.8
"County" means Strathcona County.
2.9
"Dangerous Goods" means any product, substance or organism
specified in the regulations or included by its nature in any of the
classes listed in the regulations under the Dangerous Goods
Transportation and Handling Act, RSA 2000, c. D-4 as amended.
2.10 "Dangerous Goods Route" means all or any portion of those
Highways under the direction, control or management of the
County designated for the Transportation of Dangerous Goods as
described on Schedule "A" and shown on the map on Schedule
"C" both of which are attached to and form part of this Bylaw.
2.11 "Dangerous Goods Route Signs" means signs identified in
Schedule "D" attached to and forming part of this Bylaw.
Page | 5
2.12 "Driveway Aids" means any material placed on the Roadway
Right-of-Way to assist access to a driveway including but not
limited to rubber ramps, metal grates, wood ramps, and concrete
blocks.
2.13 "Emergency Work" means the installation, maintenance, repair or
replacement of Equipment in Rights-of-Way where health, safety
or the provision of essential services is endangered.
2.14 "Emergency Services" means the County's Emergency Services
Department.
2.15 "Emergency Vehicle" means
(a)
a fire fighting or other type of Vehicle operated by the fire
protection service of the Municipality;
(b)
an ambulance operated by a Person or organization
providing ambulance services;
(c)
a Vehicle operated by a police force or Peace Officer;
(d)
a Vehicle operated as a gas disconnection unit of a public
utility; and
(e)
a Vehicle designated as an emergency response unit under
the Act.
2.16 "Equipment" means any poles, cables, pipes, conduits, pedestals,
antennas, vaults, support structures or other similar facilities or
structures.
2.17 "Fees and Charges Bylaw" means a Bylaw approved by Council
that sets the Fees and Charges, which is updated and replaced
from time to time.
2.18 "Fire or Emergency Lane" means all that portion of a Highway
used to provide access to buildings, and so marked by signs
stating Fire or Emergency Lane.
2.19 "Fire Hydrant" means any privately-owned Fire Hydrant within the
County, and any Fire Hydrant controlled and managed by the
County.
2.20 "Foreign Matter" means snow, ice, dirt, debris or other such
material.
2.21 "Hamlet" means a small rural unincorporated community and
includes those lands located within the Hamlets of Antler Lake,
Page | 6
Ardrossan, Collingwood Cove, Half Moon Lake, Hastings Lake,
Josephburg, North Cooking Lake, or South Cooking Lake as
defined in Bylaw 40-2009, as amended or replaced from time to
time; and all lands within the Sherwood Park Urban Service Area
as defined in Strathcona County's Land Use Bylaw 8-2001 as
amended or replaced from time to time.
2.22 "Heavy Vehicle" means a Vehicle, with or without load, exceeding
any one of the following:
(a)
two axles;
(b)
twelve point five (12.5) metres in length; or
(c)
a maximum allowable weight of five thousand five hundred
(5,500) kilograms;
but does not include Recreational Vehicles.
2.23 "Highway" means any thoroughfare, street, Road, trail, avenue,
parkway, driveway, viaduct, Lane, alley, square, bridge,
causeway, trestleway, parkade 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 following, but does not include a
place declared by regulations not to be a Highway:
(a)
a Sidewalk, including a boulevard adjacent to the Sidewalk;
(b)
a ditch, if it lies adjacent to and parallel with the Roadway;
and
(c)
all the land between the fences, or all the land between the
fence and the edge of the Roadway, as the case may be, if
a Highway Right-of-Way is contained between fences or
between a fence and one side of the Roadway.
2.24 "Highway Right-of-Way" means all of the land between the
property line on one side of the Highway and the property line on
the other side of the Highway for the length of the Highway.
2.25 "Holiday" means any day declared as a Holiday by municipal,
provincial or federal authority and includes Saturdays and
Sundays.
2.26 "Identification Placard" means a placard issued by the Motor
Vehicles Branch of the Department of Justice to identify a Vehicle
operated or used by a disabled Person.
Page | 7
2.27 "Landowner" means any Person having a legal or equitable
interest in any land or building and includes any resident, tenant
or occupier of such land or building.
2.28 "Lane" means all that portion of a Highway used to provide access
to lands, in addition to the access provided by the street in front
of the said lands.
2.29 "Local Road" means any road within the Urban Service Area not
listed on Schedule "H" which is attached hereto as part of the
Bylaw.
2.30 "Municipality" means Strathcona County.
2.31 "Off-Highway Vehicle" means any motorized mode of
transportation built for cross-country travel on land, water, snow,
ice or marsh or swamp land or on other natural terrain.
2.32 "Operator" means a Person responsible for the operation of a
Vehicle.
2.33 "Owner" with respect to a Vehicle, Heavy Vehicle or an Off-
Highway Vehicle means:
(a)
the Person in whose name the Vehicle is registered under
the Act;
(b)
any Person renting a Vehicle, a Heavy Vehicle or an Off-
Highway Vehicle or having the exclusive use of that
Vehicle, Heavy Vehicle or Off-Highway Vehicle under a
lease or otherwise for a period of more than thirty (30)
days.
2.34 "Park" when prohibited, means to allow 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.
2.35 "Parking Meter" means a device that registers the amount of time
purchased for the Parking of a Vehicle, at the expiration of which
the driver is liable for a fine.
2.36 "Peace Officer" means a member of the Royal Canadian Mounted
Police or a Bylaw Officer of Strathcona County or a Peace Officer
appointed by the Province of Alberta.
Page | 8
2.37 "Permit" means any one of the Permits required pursuant to this
Bylaw together with any corresponding applications.
2.38 "Person" includes one or more individuals, partnerships, corporate
or unincorporated organizations, government bodies or agencies,
trustees, executors, administrators or other legal representatives,
other than the Municipality or its legal representatives, and
specifically includes the Applicant and the Owner of the Work or
Equipment being done or located within the Rights-of-Way
together with the Owner's agents, contractors, invitees or legal
representatives.
2.39 "Private Property" means any property within the County not
owned by or occupied by the Government of Canada, Government
of Alberta or by the County, unless otherwise outlined in Section
8.
2.40 "Public Place" means any place to which the public has access as
of right or by invitation, express or implied, and without
restricting the foregoing, to constitute a Public Place it is not
necessary that all segments of the public have a right of access
thereto.
2.41 "Public Property" means any property owned by or under the
control and management of the Government of Canada,
Government of Alberta, or by the County.
2.42 "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 to be driven, towed or transported. Includes duly
licensed travel Trailers, motorized homes, slide-in campers,
chassis-mounted campers, boats, all terrain vehicles,
snowmobiles and tent Trailers.
2.43 "Restricted Dangerous Goods Route" means all or any portion of
those Highways under the direction, control or management of
the County, designated for the purpose of picking up Dangerous
Goods from or delivering Dangerous Goods to any area in the
County not located along or accessible by a Dangerous Goods
Route as indicated on Schedule "B" and shown on the map on
Schedule "C", both of which are attached to and form part of this
Bylaw.
2.44 "Restricted Truck Route" means a Highway listed in Schedule "I"
which is attached hereto as part of this Bylaw.
Page | 9
2.45 "Rights-of-Way" means the Highways, Roads, road allowances,
streets, Lanes, road diversions, bridges, public utility lots, public
space, public water or other public places within the jurisdiction of
the Municipality, excluding:
(a)
reserve property;
(b)
tax recovery property;
(c)
easements, leases and licenses;
(d)
fee simple titled property; or
(e)
any other property designated by the Chief Commissioner.
2.46 "Rights-of-Way Construction Activity Permit" means a permit
approved by Chief Commissioner from time to time that contains
one or more provisions for the granting of consent to a Person to
do Work in Rights-of-Way upon compliance by such Person with
all other applicable municipal requirements.
2.47 "Road" means land
(a)
shown on a plan of survey that has been filed or registered
in a land titles office, or
(b)
used as a public road
and includes a bridge forming part of a public road and any
structure incidental to a public road.
2.48 "Road Ban" means the axle weight allowance prescribed in
respect of the use of a Highway.
2.49 "Road Use Agreement" or "RUA" means an agreement entered
into with the County for the purpose of ensuring that the Highway
or Highways affected are protected.
2.50 "Roadway" means that part of the Highway intended for use by
multi-modal traffic.
2.51 "Rural Rights-of-Way" shall mean all Rights-of-Way located within
the boundaries of Strathcona County that are not located within
the Urban Service Area.
Page | 10
2.52 "Safety Mark" means a placard as defined by the Dangerous
Goods Transportation and Handling Act, to be displayed on
containers or Vehicles in the handling, offering for transport or
transporting of Dangerous Goods.
2.53 "Sidewalk" means that part of a Highway especially adapted to
the use of or ordinarily used by pedestrians, and includes that
part of a Highway between the curb line (or the edge of the
Roadway, where there is no curb line) and the adjacent property
line, whether or not paved or improved, and includes the Heritage
Parkway Trail System.
2.54 "Special Roadway Event" means:
(a)
any procession or march organized primarily for the
purpose of entertainment of spectators, and includes
display, inspection or promotion of a cause or purpose; or
(b)
an event or competition involving walking, running, or the
use of bicycles, motorcycles, cars or other Vehicles taking
place in whole or in part, on a Highway and which blocks,
obstructs, impedes, hinders or otherwise interferes with or
which may block, obstruct, impede, hinder or otherwise
interfere with, pedestrians or vehicular traffic on a Highway
and which consists of an organized group of:
(i)
more than fifty (50) pedestrians; or
(ii)
more than ten (10) Vehicles; or
(iii) any combination of pedestrians and Vehicles which
together exceed fifty (50) in number;
(c)
but does not include:
(i)
a military, police, or emergency services parade, or
(ii)
a funeral procession, or
(iii) an event to be held entirely within the confines of the
Broadmoor Lake Park and which has the approval of
the Chief Commissioner.
2.55 "Stop" when prohibited, means to allow a Vehicle (whether
occupied or not) to Stop, and to load or unload passengers or
freight or goods.
2.56 "Temporary Traffic Control Plan" means a Plan, submitted under
the Rights-of-Way Construction Activity Permit request which
shows the temporary control of traffic:
(a)
to minimize traffic disruption around a worksite;
Page | 11
(b)
to protect Equipment; and
(c) to ensure the safety of motorists and pedestrians and
employees within a work site.
2.57 "Terms and Conditions" shall mean those Terms and Conditions
outlined in a Permit.
2.58 "Trailer" means a Vehicle so designed that it may be attached to
or drawn by a Vehicle and is intended to transport property or
Persons, but does not include machinery or Equipment used in
construction or maintenance of Highways.
2.59 "Transit Vehicle" means any Vehicle used to deliver public transit
services, including transit support Vehicles.
2.60 "Transportation" means Transportation in or by means of a
Vehicle.
2.61 "Tridem Axle Certificate" or "TAC" means a Permit, issued under
the Act or under this Bylaw, authorizing the operation of a
Commercial Vehicle, with any three consecutive axles on a
Vehicle, on a Highway.
2.62 "Truck Loading Zone" means an area reserved expressly for
Commercial Vehicle loading and unloading and signed
accordingly.
2.63 "Truck Route" means a Highway listed in Schedule "H" which is
attached hereto as part of the Bylaw serving as a truck route to,
from, or through the Sherwood Park Urban Service Area, as
authorized by Council.
2.64 "Urban Rights-of-Way" shall mean those Rights-of-Way located
within the boundaries of the Urban Services Area for the Hamlet
of Sherwood Park.
2.65 "Vehicle" means a device in, on or by which a Person or thing
may be transported or drawn on a Highway and includes, without
restricting the generality of the foregoing, an automobile, bicycle,
motorcycle and moped, but does not include an aircraft, a tractor,
whether equipped with rubber tires or not, an implement of
husbandry or a motor Vehicle that runs only upon rails.
2.66 "Vehicle Storage Location" means a storage location for Vehicles
which is:
(a)
at least twenty-five (25) metres away from the nearest
residential, institutional or assembly occupancy;
Page | 12
(b)
not located under electrical transmission lines;
2.67 "Violation Tag" means a ticket or similar document issued by the
County pursuant to the Municipal Government Act, RSA 2000, c.
M-26.
2.68 "Violation Ticket" means a ticket issued pursuant to Part II or Part
III of the Provincial Offenses Procedure Act, RSA 2000 c. P-34 and
the regulations thereunder.
2.69 "Work" means the installation, maintenance, repair, replacement,
extension or operation of any Equipment in Rights-of-Way,
excluding Emergency Work.
SECTION 3: WEIGHT RESTRICTIONS AND ROAD BANS
Restrictions
3.1
The Chief Commissioner, in his or her sole discretion, may make a
determination that the use of a Highway by a Commercial Vehicle
or Commercial Vehicles may or will likely cause damage to a
Highway due to:
(a)
the weight of the Commercial Vehicle or Commercial
Vehicles; or
(b)
the frequency of use of the Highway by the Commercial
Vehicle or Commercial Vehicles.
3.2
The Chief Commissioner, in exercising his discretion under Section
3.1, shall have consideration for the following:
(a)
Highway surface classification;
(b)
daily vehicular traffic count; and
(c)
number of occupied driveways adjacent to the Highway.
3.3
Where the determination is made that the use may or will likely
cause damage to a Highway under Section 3.1, the Chief
Commissioner, is authorized to require any Operator to enter into
a RUA prior to operating a Commercial Vehicle upon a Highway.
3.4
An Operator entering into an RUA shall at all times ensure that
the Terms and Conditions contained within the RUA are complied
with.
3.5
Where an Operator has entered into an RUA, failure to comply
with this Bylaw may result in the cancellation of that RUA.
Page | 13
Road Bans
Exemptions
3.6
Prior to operation of a Commercial Vehicle on a Highway, a
Commercial Vehicle must have a Provincial TAC issued in
accordance with the provisions of the Act.
3.7
Notwithstanding Section 3.5, an Operator shall comply with all
other provisions of the Act and this Bylaw, and without limiting
the generality of the foregoing, shall obey all prohibitions,
limitations, increases or restrictions imposed by an RUA.
3.8
The Chief Commissioner, is hereby authorized to impose Road
Bans from time to time to define:
(a)
load limits upon Highways;
(b)
Highway locations with percentage axle weights for those
Highways; and
(c)
bridge locations with the maximum gross Commercial
Vehicle weights to be posted on those bridges.
3.9
Where the Chief Commissioner, imposes a Road Ban with respect
to a Highway, he shall cause signs to be erected along the
Highway as he considers necessary to notify Operators using
Commercial Vehicles on the Highway of the Road Ban Order.
3.10 This Section does not apply to:
(a)
snow removal and ice control Equipment, motor graders or
Highway construction Equipment operated or hauled by or
on behalf of the County;
(b)
Commercial Vehicles or combinations of Commercial
Vehicles required by the County to transport materials
needed for maintenance and repair of Highways; or
(c)
the movement of Equipment to a natural or man-made
disaster such as a fire, flood, train derailment or pipeline
spill, provided that the Chief Commissioner is immediately
notified of the occurrence of such disaster.
SECTION 4: TRANSPORTATION OF DANGEROUS GOODS
Dangerous
Goods
Routes
4.1
Unless otherwise hereinafter specifically provided, no Person shall
transport Dangerous Goods for which Safety Marks are required
on a Highway under the direction, control or management of the
County except on a Dangerous Goods Route as shown in Schedule
A, Restricted Dangerous Goods Route as shown in Schedule B, or
a Temporary Dangerous Goods Route.
Page | 14
Temporary
Dangerous
Goods
Routes
Stopping
within the
County
Inspections
4.2
A Peace Officer or a member of Emergency Services is hereby
delegated the power to establish a temporary route for the
transportation of Dangerous Goods on any Highway under the
direction, control or management of the County where he or she
considers it necessary to do so in order to prevent or reduce any
serious or imminent danger to life, health, property or the
environment; provided that as soon as the danger to life, health,
property or the environment has, in the opinion of the Peace
Officer or member of Emergency Services, been prevented or
adequately reduced, the temporary route shall be closed to
Vehicles Transporting Dangerous Goods.
4.3
Notwithstanding Section 4.1, where a Person is required to
transport Dangerous Goods for which Safety Marks are required
off a designated Dangerous Goods Route, said Person may apply
in writing to the Chief Commissioner, for a Permit. Upon such
application, the Chief Commissioner may, in his absolute
discretion, issue a Permit for the transportation of Dangerous
Goods.
4.4
No Person Transporting Dangerous Goods for which Safety Marks
are required shall stop at any location within the County except:
(a)
at a permitted Vehicle Storage Location;
(b)
in accordance with the Terms and Conditions of a valid
Permit issued by the Chief Commissioner;
(c)
in response to a direction from a Peace Officer or a traffic
control device;
(d)
to refuel or repair a Vehicle; or
(e)
to load or unload the Vehicle cargo.
4.5
A Person shall, upon the request of a Peace Officer or member of
Emergency Services, produce for inspection by the Peace Officer
any shipping documents, Permit issued or other documentation
establishing the origin and destination of travel and a description
of the cargo carried. Particulars obtained by the Peace Officer
under this Section and submitted as evidence before a Judge of
the Provincial Court of Alberta, shall be prima facie proof of the
particulars submitted in evidence, without proof of the signature
or official capacity of the Persons signing the shipping
documentation or other documentation.
Page | 15
Exceptions
Recovery of
Costs
4.6
No Person shall transport within Strathcona County any
Dangerous Goods for which Safety Marks are required, in or on
any Vehicle other than on a Dangerous Goods Route or Restricted
Dangerous Goods Route, unless the said Person is:
(a)
picking up Dangerous Goods from or delivering Dangerous
Goods to any place in the County which is not located along
or accessible by a Dangerous Goods Route or Restricted
Dangerous Goods Route, by using the most direct and
practical route between a customer's premises and the
nearest Dangerous Goods Route;
(b)
proceeding to or from a Vehicle Storage Location by the
most direct Highway intersecting a Dangerous Goods
Route;
(c)
Transporting petroleum products or fertilizers to farms or
residences outside the Urban Service Area of Sherwood
Park.
4.7
Where Emergency Services has taken any action whatsoever for
the purpose of mitigating or responding to a Dangerous Goods or
hazardous material call or incident within or outside the County or
for the purpose of preserving life or property or the environment
from injury or destruction on land within or outside the County,
including any such action taken by Emergency Services on a false
call or incident, the Chief Commissioner may, in respect of any
costs incurred by the County in taking such action, charge any
costs so incurred by the County to the Person who caused the call
or incident or the Owner or occupant of the land in respect of
which the action was taken.
4.8
The schedule of costs and fees to be charged by the County for
services rendered pursuant to this Bylaw shall be as set out in
Strathcona County Fee and Charges Bylaw.
4.9
In respect of the costs or fees described in Sections 4.7 and 4.8:
(a)
the County may recover such cost or fee as a debt due and
owing to the County; or,
(b)
in the case of action taken by the County in respect of land
within the County, where the cost or fee is not paid upon
demand by the County, then in default of payment, such
cost or fee may be charged against the land as taxes due
and owing in respect of that land.
Page | 16
SECTION 5: SCHOOL BUS WARNING LIGHTS AND STOP ARMS
5.1
The use of alternating flashing red lights and stop arm are
prohibited by any school bus operating on any Highway under the
control of Strathcona County within the Urban Service Area.
SECTION 6: SPECIAL ROADWAY EVENTS
6.1
Any Person desiring to hold a Special Roadway Event within the
County shall, at least two weeks prior to the time desired to hold
the same, make application in writing to the Chief Commissioner
and in such application shall furnish information with respect to
the following:
(a)
the name and address of the applicant;
(b)
the nature and object of such Special Roadway Event;
(c)
the day, dates and hours during which the same will be
held;
(d)
the intended route thereof;
(e)
the approximate number of Persons and/or Vehicles taking
part therein;
(f)
the nature of signs, flags, banners, placards or such similar
things to be carried therein and particulars of inscriptions
and wording to be exhibited thereon;
(g)
the proposed use of public address systems or
loudspeakers; and
(h)
the signatures and addresses of the Persons who will be in
control of such Special Roadway Event and who undertake
to be responsible for the good order and conduct thereof;
and
(i)
any other information that might be requested by the Chief
Commissioner.
6.2
The Chief Commissioner may issue a Permit, refuse a Permit or
may issue the Permit subject to such conditions as are deemed
necessary in the circumstances, including the requirement for
fees or bonds.
6.3
Where an application for a permit has been refused under 6.2, the
Applicant may request a review by the Chief Commissioner.
Page | 17
6.4
Failure to submit any information required by the Chief
Commissioner or evidence of previous mismanagement of prior
Special Roadway Events authorized by a Permit shall be good and
sufficient reason for the Chief Commissioner, to refuse issuance of
a Permit.
6.5
Upon a Permit being granted under this Bylaw, the Chief
Commissioner is hereby authorized, to the extent he deems
necessary, to temporarily close or restrict the use of any
Highway, subway, bridge or overpass or any part of any Highway,
subway, bridge or overpass within the County, either as to the full
width of it or as to part of the width of it and with respect to any
class or any classes of Vehicles or with respect to pedestrians,
and may provide for the proper enforcement of any such closing
either by way of erection of barricades or by the adoption of any
other means considered necessary or expedient.
6.6
No Person shall hold, conduct, manage, organize or take part in
any Special Roadway Event unless and until a Permit for the
Special Roadway Event has been issued by the Chief
Commissioner or as expressly permitted by resolution of Council.
6.7
A non-refundable fee as set out in the Fees and Charges Bylaw
shall accompany each application for a Permit under this Section.
6.8
No Person shall install or use a loudspeaker system or other
device for the amplification of sound in any Public Place except as
authorized by a Permit.
6.9
Section 6.8 does not apply to use of sound amplification devices
by ambulance, police, firefighting or other Emergency Services.
SECTION 7: RIGHTS-OF-WAY CONSTRUCTION ACTIVITY
7.1
The purpose of this Section is to:
(a)
require every Person proposing to carry out Work for the
installation, maintenance, repair, replacement, construction
of Equipment in municipal Rights-of-Way to apply for any
required Permits and to obtain the County's consent for any
such Work; and
(b)
provide the County with information on the type and
location of work to be undertaken in the Right-of-Way; and
(c)
protect the County from costs, damages or liability
associated with the installation, maintenance, repair,
replacement, and construction in Rights-of-Way by any
Page | 18
Consents &
Permits
Alternatives
to Consent
Person.
Council may pass Rights-of-Way Resolutions and Council or the
Chief Commissioner may approve Rights-of-Way Access
Agreements, subject to such Terms and Conditions, as Council
deems appropriate.
7.2
No Person shall perform any Work in Rights-of-Way unless the
Person has:
(a)
obtained the consent of the County or is acting on behalf of
a Person who has obtained consent of the County by way of
Rights-of-Way Permit;
(b)
obtained all applicable Permits required by the County as
determined by the Chief Commissioner;
(c)
paid all applicable Rights-of-Way Fees required by the
County as determined by the Chief Commissioner; and
(d)
obtained an approved and valid Rights-of-Way Construction
Activity Permit including a Temporary Traffic Control Plan
and have setup the Work zone in accordance with such Plan.
7.3
For the purposes of Section 7.1(a), the following agreements shall
constitute consent of the County for the purposes of performing
Work in Rights-of-Ways, however, the Person obtaining such
consent shall in all other respects be subject to and comply with
this Bylaw:
(a)
development agreements;
(b)
existing utility franchise agreements approved by the
Alberta Energy & Utilities Board; and
(c)
existing railway crossing agreements approved by the
National Transportation Board.
7.4
Every Applicant shall provide all of the information required for a
Permit. An application for a Permit that does not meet these
requirements shall be deemed to be incomplete.
7.5
The Chief Commissioner may reject a Rights-of-Way Construction
Activity Permit application where:
(a)
the application for the Permit is incomplete;
(b)
the payment of all applicable Rights-of-Way Fees has not
been made;
Page | 19
Compliance
(c)
the consent of the County has not been obtained in
accordance with Section 7.3; or
(d)
any Conditions precedent to granting the Permit have not
been met.
7.6
The Chief Commissioner is hereby authorized to approve or refuse
any application for a Rights-of-Way Construction Activity Permit
and to issue a Permit subject to such Terms and Conditions as he
deems appropriate.
7.7
The Chief Commissioner shall provide an Applicant whose
application for a Permit is refused, written reasons for the refusal
at the time that the Applicant is advised of the refusal.
7.8
When an application for a permit has been refused under 7.6, the
Applicant may request a review by the Chief Commissioner.
7.9
Every Person who obtains a Permit shall comply with the Terms
and Conditions of that Permit, including, without limitation, Terms
and Conditions restricting Work in the Rights-of-Way to the
Alignments or other portion of the Rights-of-Way for which
authorization is granted in the Permit.
7.10 All Work zones must retain and produce upon request an
approved Rights-of-Way Construction Activity Permit.
SECTION 8: PARKING
Parking on
Rights-of-
Way
8.1
No Person shall Park or permit to be Parked any Vehicle for any
period of time whatsoever in any of the following locations:
(a)
upon a Highway in front of, adjacent to or abutting any
building, structure, place or premises, in the course of
construction or repair, when such Parking will impede or
obstruct traffic; or
(b)
in any Bus Stop or Transit Zone, except Transit Vehicles; or
(c)
in any Truck Loading Zone properly marked by a sign
indicating the restrictions which apply thereto, except a
Commercial Vehicle lawfully engaged in loading or
unloading goods;
(d)
on a Roadway, Highway or Highway Right-of-Way if in the
opinion of a Peace Officer, the Vehicle constitute
obstruction, presents a safety concern , interferes with
Page | 20
maintenance activities or otherwise impedes the progress
of other users of the Roadway, Highway, or Highway Right-
of Way.
8.2
No Person shall Park or Stop or permit a Vehicle to be Parked or
Stopped in a Fire or Emergency Lane for any period of time
whatsoever.
8.3
No Person shall Park or Stop or allow to be Stopped or Parked a
Vehicle within five (5) metres of any Fire Hydrant, or, when the
hydrant is not located at the curb, within five (5) metres from the
point on the curb nearest the hydrant.
8.4
An Owner or Operator of a Commercial Vehicle shall not Park the
Vehicle on a Roadway, Highway or Right-of-Way adjacent to a
residence not owned by the Owner or Operator without consent of
residence owner.
8.5
Except when actually loading or unloading passengers, no Person
shall Park a Vehicle on any portion of a Highway marked by a "No
Parking" sign.
8.6
Except for a breakdown, no Person shall Stop a Vehicle on any
portion of a Highway marked by a "No Stopping" sign.
8.7
No Person shall Park a Vehicle in a Lane unless a sign permits
Parking, but Lanes other than designated Fire or Emergency
Lanes may be used for:
(a)
the loading or unloading of goods or passengers from a
Commercial Vehicle for a period of time not exceeding
thirty (30) minutes, or
(b)
the loading or unloading of goods or passengers from a
Vehicle other than a Commercial Vehicle for a period of
time not exceeding fifteen (15) minutes, provided that the
Vehicle concerned in such loading or unloading of
passengers or goods does not obstruct the Lane so as to
prevent other Vehicles or Persons from passing along such
Lanes.
8.8
No Person shall Park or Stop a Vehicle in excess of the time
designated and marked on a sign posted for the purpose of
restricting the time for Parking or Stopping a Vehicle.
8.9
After the issuance of a Violation Tag concerning a Vehicle for a
violation of Section 8.7 and 8.8 hereof, and a Vehicle remains
Parked in excess of the time permitted on the sign for a further
period, then a second offence shall be deemed to have occurred
Page | 21
Portable No
Parking
Signs
Parking on
Private
Property
and a further Violation Tag may be issued for such second
offence, and may be tagged for subsequent offences for being
Parked in excess of the time permitted on the sign for such
further periods of time as the Vehicle remains Parked.
8.10 Notwithstanding any other provisions of this Bylaw, the County
may cause portable "No Parking" signs to be placed on or near a
Highway, and when so placed such signs shall take precedence
over all other Parking signs.
8.11 No Person shall Park, or leave Parked, a Vehicle on a Highway
after the expiration of twenty-four (24) hours from the time a
sign or signs referred to in Section 8.10 have been placed, and
until such sign or signs have been removed.
8.12 For the purposes of Sections 8.13 to 8.15, Private Property also
includes property located in the County and owned or occupied by
the Government of Canada, the Government of Alberta or by the
County.
8.13 No Person shall Park a Vehicle on Private Property which has been
clearly marked as such by a sign or signs, erected thereon, and as
shown in Schedule "J" or similar, without the prior permission of
the Owner, tenant, occupant or Person in charge of the Private
Property.
8.14 Where, on Private Property used for a commercial or industrial
purpose or for a purpose of the federal, provincial or municipal
government, Parking space or spaces or a Parking area is
provided for the Parking of the Vehicles of Persons who are
customers or patrons of or are otherwise doing business with the
Owner, tenant, occupant or Person in charge of the property, and
the space is clearly marked as being:
(a)
Private Property, by a sign as shown in Schedule "J" or
similar; and
(b)
set aside for Parking only of Vehicles of customers, or
patrons of or Persons doing business with the Owner,
tenant, occupant or Person in charge of the property;
a Person shall not Park or leave his Vehicle on the Parking space,
spaces or area so designated unless he is immediately after
Parking or leaving the Vehicle either a customer or patron or
Person doing business with the Landowner, tenant, occupant or
Person in charge of the property as indicated in the designation,
or unless he has verbal or written permission from the said
Landowner, tenant, occupant or Person in charge.
Page | 22
8.15 Any Landowner, tenant, occupant or Person in charge of Private
Property who is satisfied that a Person is violating the provisions
of Section 8.13 and or 8.14 may report the violation to a Peace
Officer by providing the license number and location of the Parked
Vehicle. A Person making such report shall give their name,
address and phone number.
8.16 No Person shall Park any Vehicle upon any land owned by the
County which the County uses or permits to be used as a
playground, school ground, boulevard, recreation area or public
park, except on such part thereof as may be designated by a sign
or signs allowing Vehicle Parking.
8.17 No Person other than the Person to whom the space is assigned
shall Park any Vehicle in a Parking space on County owned
property, where such space has been reserved as indicated by
signs.
8.18 A Vehicle shall not be Parked on a Highway in any space governed
by a Parking Meter unless there is unexpired time remaining on
the Meter.
(a)
This section is only in effect on the days and during the
times a Parking Meter is identified as being in effect.
(b)
This section does not apply to a Vehicle displaying a valid
and subsisting Permit issued by the County for metered
space Parking so long as all conditions of the Permit are
satisfied.
8.19 A Vehicle Parked on a Highway in any space governed by a
Parking Meter shall:
(a)
be Parked completely within the Metered space; and
(b)
if the Metered space is parallel to the edge of the Roadway,
be Parked so that:
(i)
the front of the Vehicle is as close as possible to the
Parking Meter if the Meter is situated at the front of
the space; or
(ii)
the rear of the Vehicle is as close as possible to the
Parking Meter if the Meter is situated at the rear of
the space; or
(c)
if the Metered space is at an angle to the edge of the
Roadway, be parked so that the front of the Vehicle is as
close as possible to the Parking Meter.
Page | 23
Parking of
Trailers and
Recreational
Vehicles
8.20 A Vehicle shall not be Parked on a Highway in any space identified
as a pay and display zone unless there is unexpired time
remaining on a ticket issued by a pay and display machine ad
unless that ticket is displayed face up in a clearly visible location
on the dashboard of the vehicle. This section is only in effect on
the days and during the times a pay and display zone is identified
as being in effect
8.21 No Person shall Park any Trailer or Recreational Vehicle upon any
Highway unless the Trailer is attached to a Vehicle by which it
may be propelled or drawn and when so attached the Trailer shall
be deemed part of the Vehicle and subject to the requirements
set out in this Bylaw pertaining to Vehicles.
8.22 No Person shall occupy or allow or permit any other Person to
occupy a Trailer or Recreational Vehicle upon a Highway or upon
County owned property, which has not been designated for Trailer
or Recreational Vehicle Parking.
8.23 Notwithstanding the provisions of Section 8.22 a Person may Park
and occupy a Trailer or Recreational Vehicle upon County owned
property provided that written permission has been obtained from
the Chief Commissioner.
8.24 An Owner or Operator of a Vehicle and Trailer or Recreational
Vehicle shall not Park the Vehicle and Trailer or Recreational
Vehicle on a Roadway for more than thirty-six (36) consecutive
hours.
8.25 An Owner or Operator of a Vehicle and Trailer or Recreational
Vehicle shall not be entitled to rely upon the provisions of Section
8.24 more than twice in any seven (7) day period commencing
from the date that the Vehicle and Trailer or Recreational Vehicle
is first observed to be parked in accordance with Section 8.24.
8.26 An Owner or Operator of a Vehicle and Trailer or Recreational
Vehicle shall not Park the Vehicle and Trailer or Recreational
Vehicle on Private Property by which any part or attachment of
the Vehicle and Trailer or Recreational Vehicle extends over the
top of the curb or back of Sidewalk, whichever is closer to the
residence.
8.27 Notwithstanding Section 8.21, 8.22, and 8.24, an Owner or
Operator of a Vehicle and Trailer or Recreational Vehicle shall not
Park the Vehicle and Trailer or Recreational Vehicle or any part
thereof on a Roadway, Highway or Highway Right-of-Way if, in
the opinion of a Peace Officer, the Vehicle and Trailer or
Recreational Vehicle constitutes an obstruction, presents a safety
Page | 24
Parking
within a
hamlet
Dangerous
Goods
Disabled
Parking
concern or otherwise impedes the progress of other users of the
Roadway, Highway or Highway Right-of-Way.
8.28 No Person shall Park a Vehicle or Vehicle with Trailer exceeding
ten (10) metres in length on a Highway or any part of the
Highway Right-of-Way within any Hamlet between the hours of
7:00 p.m. in any one day and 7:00 a.m. of the next succeeding
day.
8.29 No Person shall Park a Vehicle or Vehicle with Trailer exceeding
twelve point five (12.5) metres in length or two point six (2.6)
metres in width on a Highway or any part of the Highway Right-
of-Way in any Hamlet, other than in an area designated by a sign
for such purposes.
8.30 No Person shall Park a Heavy Vehicle on a Highway or any part of
the Highway Right-of-Way within a Hamlet unless such Parking is
authorized by a sign or signs.
8.31 The provisions of Sections 8.28, 8.29 and 8.30 shall not prohibit
Vehicles from Parking on any Highway within a Hamlet for the
purpose of loading or unloading goods to or from premises
abutting such Highway provided, that the Vehicle or Vehicle with
Trailer attached shall have all front and rear hazard lights
illuminated
8.32 No Person shall Park a Vehicle or Vehicle with Trailer used for the
conveyance of Dangerous Goods on a Highway unless authorized
by a sign, or the holder is in possession of a valid Permit issued
under this Bylaw.
8.33 No Person shall Park a Vehicle or Trailer used for the conveyance
of Dangerous Goods nearer than twenty-five (25) metres from a
building.
8.34 Section 8.29 shall not apply where a Vehicle or Trailer is obliged
to be Parked while being loaded or unloaded or while being used
as an "on-site" fuel source in the course of its ordinary business,
provided the Vehicle or Trailer has a warning notice or notices
clearly displayed.
8.35 No Person shall Park a Vehicle in a Parking space designated for
the exclusive use of disabled Persons unless such Vehicle has
clearly displayed an Identification Placard, and is at that time
being operated by or transporting the Person to whom the
Identification Placard has been issued or has a Disabled Parking
License Plate.
Page | 25
Removal of
Vehicles
Exemptions
8.36 For the provisions of Section 8 of this bylaw, a Vehicle shall be
deemed to be continuously Parked in the same location unless it
has been moved at least one (1) block away from the location it
was first observed. No person shall Park a Vehicle at a single
location on a Highway for a period of time exceeding 72 hours,
such vehicle will be deemed to have been abandoned at that
location
8.37 A Peace Officer is hereby authorized to remove and impound or
cause to be removed and impounded any Vehicle Parked in
contravention of any provision of this Bylaw.
8.38 No impounded Vehicle shall be released to its Owner or his agent
until the impounding charge and removal charge against the
Vehicle has been paid.
8.39 The impounding charge and removal charge shall be in addition to
any fine or penalty imposed by the provisions of this Bylaw.
8.40 Where a Vehicle is impounded or stored pursuant to this Section,
and is not claimed within thirty (30) days of its removal, it may
be disposed of in accordance with the provisions of the Act.
8.41 Notwithstanding anything herein contained, where portable "No
Parking" signs are placed on or near a Highway by the County, its
employees, servants, agents or representatives, removal of
Vehicles may be required. The County, its employees, servants,
agents or representatives may tow such Vehicles at the expense
of their Owner and Park the same on an adjacent Highway or local
parking lot without impounding the Vehicles after the expiration of
twenty-four (24) hours from the time the portable "No Parking"
signs are erected or declaration made by the Chief Commissioner.
8.42 Notwithstanding anything elsewhere in this Bylaw, the provisions
relating to Parking of Vehicles do not apply to:
(a) Emergency Vehicles;
(b)
Vehicles used in conjunction with the servicing of
Highways, trails, parks, and public utilities including water
and sewer systems, telephone systems, electric systems
and cablevision systems;
(c)
funeral cars being operated by a funeral director, during a
funeral;
(d)
towing service Vehicles; while any such Vehicle is being
used in Work requiring that it be Stopped or Parked.
Page | 26
SECTION 9: OFF-HIGHWAY VEHICLES
Permits
Operating
Restrictions
9.1
Off-Highway Vehicle groups, organizations, societies or clubs may
apply to the Chief Commissioner for a Permit authorizing the use
of specific Highways under the direction, control or management
of the County for specific dates and times and for appropriate
purposes as outlined in Schedule "E", "F", and "G", as attached
hereto and forming part of this Bylaw.
9.2
The Chief Commissioner may approve or refuse an application, or
may grant an application specifying the dates and times for such
events, and may impose any such conditions as the Chief
Commissioner, deems suitable in the circumstances.
9.3
The Chief Commissioner, in exercising his discretion under Section
9.2 shall have consideration for the following:
(a)
traffic, pedestrian and user safety; and
(b)
road design/geometry including posted speed, sightlines
and width of ditches.
9.4
Where an application for a permit has been refused under 9.2, the
Applicant may request a review by the Chief Commissioner.
9.5
No Person shall operate an Off-Highway Vehicle except as
authorized pursuant to the Act or pursuant to a Permit granted
under this Bylaw.
9.6
A Person who is authorized to operate an Off-Highway Vehicle
pursuant to the Act or this Bylaw shall:
(a)
travel at a maximum speed of thirty (30) kilometres per
hour;
(b)
travel in a single file in the ditches of such Highways,
except as otherwise permitted in this Section;
(c) travel in the Parking Lane for as short a distance as
necessary to by-pass any hazard or obstruction in the ditch,
or where there is No Parking Lane the extreme right-hand
side of the Roadway;
(d) travel in the same direction as the Vehicles travelling on
that side of the Highway.
Page | 27
9.7
No Person shall operate or be a passenger on an Off-Highway
Vehicle where the Persons on the Off-Highway Vehicle exceeds
the number of Persons that the Off-Highway Vehicle is designed
to carry.
9.8
The provisions of this Bylaw shall not apply to a Peace Officer, or
agents or employees of the County while operating an Off-
Highway Vehicle in the performance of their official duties.
9.9
During an emergency, disaster, or search and rescue operation
within the County, as determined by Chief Commissioner, the
provisions of this Bylaw may be waived, varied or suspended by
the Chief Commissioner.
SECTION 10: TRUCK ROUTES
Exemptions
10.1
No person by himself or by an agent or employee shall:
(a) operate a Heavy Vehicle within the Urban Service Area on a
Highway other than a Truck Route as shown in Schedule H,
or Restricted Truck Route as shown in Schedule I;
(b) operate a Heavy Vehicle on a Restricted Truck Route
between 22:30 and 06:30 (10:30 p.m. and 6:30 a.m.) local
time within the Urban Service Area;
(c) operate a Heavy Vehicle within the Urban Service Area on a
Highway outside the times stipulated on a sign placed on
the Highway.
10.2 No Person shall be deemed to be operating a Heavy Vehicle in
contravention of Section 10.1 if the Heavy Vehicle is:
(a) being operated on the most direct and practicable route
between a bona fide customers premises (within a Hamlet)
and the nearest Truck Route or Restricted Truck Route;
(b) being operated to or from the business premises of the
Heavy Vehicle;
(c) moving a building for which the necessary Permits have
been issued;
(d)
travelling to or from premises licensed to service or repair
Heavy Vehicles;
(e)
pulling a disabled Vehicle from a Highway or Local Road
prohibited to Heavy Vehicles;
Page | 28
(f)
owned by or contracted to the County and is instructed by
the County to Work at locations otherwise prohibited to
Heavy Vehicles.
10.3 No person shall apply or engage engine retarder brakes on any
Commercial Vehicle within a Hamlet or Urban Service Area.
SECTION 11: DEPOSIT OF SNOW, ICE AND DEBRIS ON ROADS
Obstructions
in the Right-
of-way
11.1
No Person shall place or permit to be placed any Foreign Matter
onto any Roadway, boulevard, Sidewalk, or ditch.
11.2
No Person shall place, permit to be placed, or allow to remain any
Foreign Matter on or within one point five (1.5) metres of any Fire
Hydrant located on Public or Private Property.
11.3 No Person shall damage, or permit to be damaged, any Highway
or Fire Hydrant by scraping, cutting or in any other manner
whatsoever, whether or not such Person is engaged in removing
Foreign Matter from any Highway or Fire Hydrant.
11.4 No Person shall place or deposit or allow the placement or deposit
of any object, refuse, building or other materials, dumpsters,
snow, earth, sand, gravel, sod, or any other material in the
Rights-of-Way that will impede or obstruct traffic.
11.5 The placement of Driveway Aids in the Rights-of-Way will be
allowed from April 15 to November 1.
11.6 The provisions of this Bylaw shall not apply to any agents or
employees of the County in the performance of their assigned
duties.
SECTION 12: DELEGATION OF AUTHORITY
12.1
The Chief Commissioner is hereby authorized to designate
(a)
any Highway for through traffic purposes;
(b)
the location of cross-walks upon Highways;
(c)
any intersection, Highway or place on a Highway, including
a place where a railway Right-of-Way crosses a Highway,
as a place where U-turns are prohibited;
(d)
any Highway as one which is closed temporarily in whole or
in part to traffic;
Page | 29
(e)
any areas as one in which Parking privileges are
temporarily suspended;
(f)
any Highway as one to be divided into traffic Lanes of such
number;
(g)
the location of "school zones" and "playground zones";
(h)
any boulevard upon which Parking is permitted;
(i)
loading or unloading zones;
(j)
the location of Bus Stops or Transit Zones;
(k)
the distance from any intersection within which no Parking
is permitted;
(l)
portions of Highways where Parking is limited to a period of
time;
(m)
portions of Highways where Stopping is prohibited entirely,
or for a specified period of time;
(n)
the location of Metered zones, Meter locations and Metered
spaces;
(o)
areas for angle Parking, back-in Parking and parallel
Parking;
(p)
the maximum load permitted on any bridge; and
(q)
Parking spaces designated for disabled Parking.
(r)
direct where traffic control devices are to be installed or
removed and to cause a record of the locations of all
erected signs to be kept, which shall be open to public
inspection during the County's regular business hours; and
(s)
temporarily close the whole or any part of a Road at any
time that a construction or maintenance project on or
adjacent to the Road may create a hazard.
SECTION 13: OFFENCES
13.1 Any Person who contravenes any provision of the Bylaw is guilty
of an offence and is liable to a penalty as set out in Schedule "K".
13.2 Under no circumstances shall any Person contravening any
provision of the Bylaw be subject to the penalty of imprisonment.
Page | 30
SECTION 14: VIOLATIONS TAGS
14.1 A Peace Officer is hereby authorized and empowered to issue a
Violation Tag to any Person who the Peace Officer has reasonable
and probably grounds to believe has contravened any provision of
this Bylaw.
14.2 A Violation Tag may be issued to such Person:
(a)
either personally; or
(b)
by attaching it to the Vehicle in respect of which a offense
is alleged to have been committed; or
(c)
by mailing a copy to such Person at his last known post
office address.
14.3 The Violation Tag shall be in a form approved by the County and
shall state:
(a)
the name of the Person;
(b)
the offence;
(c)
the appropriate penalty for the offence as specified in this
Bylaw;
(d)
that the penalty shall be paid within thirty (30) days of the
issuance of the Violation Tag; and
(e)
any other information as may be required by the County.
14.4 Where a contravention of this Bylaw is of a continuing nature,
further Violation Tags may be issued by the Peace Officer,
provided that no more than one Violation Tag shall be issued for
each day that the contravention occurs.
14.5 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 offence, pay to the County the penalty
specified on the Violation Tag.
14.6 Nothing in this Bylaw shall prevent a Peace Officer from
immediately issuing a Violation Ticket for the mandatory Court
appearance of any Person who contravenes any provision of this
Bylaw.
Page | 31
SECTION 15: VIOLATION TICKET
15.1 If the penalty specified on a Violation Tag is not paid within the
prescribed time period then a Peace Officer is hereby authorized
and empowered to issue a Violation Ticket pursuant to either Part
II or Part III of the Provincial Offences Procedure Act, RSA 2000,
c. P-34.
15.2 Notwithstanding Section 15.1 of this Bylaw, a Peace Officer is
hereby authorized and empowered to immediately issue a
Violation Ticket pursuant to either Part II or Part III of the
Provincial Offences Procedures Act, RSA 2000, c. P-34, as
amended, to any Person who the Peace Officer has reasonable
grounds to believe has contravened any provision of this Bylaw.
SECTION 16: SEVERABILITY
16.1 Should any provision of this Bylaw be invalid, then such provision
shall be severed and the remaining Bylaw shall be maintained.
SECTION 17: REPEAL OF BYLAWS
17.1 This Bylaw repeals Bylaw 13-2011.
SECTION 18: EFFECTIVE DATE
18.1 This Bylaw comes into effect after third reading and upon being
signed.
Page | 32
READ A FIRST TIME this 20th day of October, 2015;
READ A SECOND TIME this 20th day of October, 2015;
APPROVED by the Minister responsible
For Alberta Transportation or delegated
Representative this 4th day of December
A.D. 2015.
(for Dangerous Goods part)
_______________________________
MINISTER (or designate)
READ A THIRD TIME AND FINALLY PASSED this 19th day of January, 2016.
STRATHCONA COUNTY
_Roxanne Carr_____________________________
MAYOR
__Mavis Nathoo____________________________
DIRECTOR, LEGISLATIVE & LEGAL SERVICES
Page | 33
PERMITS
Special Event Permits
Off-Highway Vehicle Permits
Rights-of-Way Permits
Dangerous Goods Route Permits
Parking Permit
Road Use Agreement
Right-of-Way Construction Activity Permit
Utility Line Assignment Permit
Page | 34
SCHEDULES
SCHEDULE "A"
DANGEROUS GOODS ROUTES
SCHEDULE "B"
RESTRICTED DANGEROUS GOODS ROUTES
SCHEDULE "C"
MAP SHOWING MUNICIPAL DANGEROUS GOODS ROUTES
AND RESTRICTED DANGEROUS GOODS ROUTES
SCHEDULE "D"
DANGEROUS GOODS ROUTE SIGNS
SCHEDULE "E"
GUIDELINES FOR APPLICATIONS AND APPROVAL FOR USE OF
HIGHWAYS FOR OFF-HIGHWAY VEHICLE EVENTS
SCHEDULE "F"
STATUTORY DECLARATION FOR OFF-HIGHWAY VEHICLE
EVENTS
SCHEDULE "G"
RELEASE, WAIVER AND INDEMNITY AGREEMENT FOR OFF-
HIGHWAY VEHICLE EVENTS
SCHEDULE "H"
HEAVY VEHICLE TRAFFIC - SCHEDULE OF TRUCK ROUTES IN
THE SHERWOOD PARK URBAN SERVICE AREA
SCHEDULE "I"
HEAVY VEHICLE TRAFFIC - SCHEDULE OF RESTRICTED TRUCK
ROUTES IN THE SHERWOOD PARK URBAN SERVICE AREA
SCHEDULE "J"
PRIVATE PROPERTY "NO PARKING" SIGNS
SCHEDULE "K"
OFFENCES
Page | 35
SCHEDULE "A"
DANGEROUS GOODS ROUTES
A)
34 Street from the Sherwood Park Freeway to Baseline Road
B)
17 Street from the Sherwood Park Freeway to Highway 16
C)
Baseline Road from 34 Street to Highway 216
D)
Petroleum Way from 17 Street to Broadmoor Boulevard
E)
Broadmoor Boulevard from Petroleum Way to Highway 16
F)
Range Road 214 north of Highway 15 to Township Road 562
Page | 36
SCHEDULE "B"
RESTRICTED DANGEROUS GOODS ROUTES
A)
Broadmoor Boulevard from Petroleum Way to Baseline Road
B)
Baseline Road from 500 metres west of Broadmoor Boulevard, the
boundary with Alberta Transportation, to Highway 21
C)
Wye Road from 100 metres west of Ordze Road, the boundary with
Alberta Transportation, to Highway 21
Page | 37
SCHEDULE "C"
MAP SHOWING MUNICIPAL DANGEROUS GOODS ROUTES AND
RESTRICTED DANGEROUS GOODS ROUTES
Page | 38
SCHEDULE "D"
DANGEROUS GOODS ROUTE SIGNS
Dangerous Goods Route Signs will be used to indicate regulations related solely
to the movement on streets and Highways of Vehicles classified as Dangerous
Goods carriers. The signs will be made to reflect, or lit to show the same colour
and shape both day and night.
Dangerous Goods Route Sign (RB-69)
The Dangerous Goods Route Signs will show that Dangerous Goods carriers, as
defined by legislation, are allowed to travel along a street or Highway.
Proper advance and directional arrows (1 B-5 to 1 B-9) will be added to the sign
to indicate a turn or a change in the direction of a designated route. Advance
turn arrows will be placed between 50 metres and 150 metres before an
intersection where the route changes direction.
The tab sign (RB-69T) may be used for an educational period.
"DANGEROUS GOODS ROUTE" signs shall have a green circle
circumscribing a black diamond symbol on a white background.
RB - 69
RB - 69T
60 x 60 cm
60 cm x 30 cm
Page | 39
OPTIONAL
Dangerous Goods Prohibition Sign (RB-70)
The Dangerous Goods Prohibition Sign will show that carriers of Dangerous
Goods, as defined by legislation, may not travel on a particular street or
Highway.
The sign will be placed along the street or Highway from which Dangerous Goods
are barred. The sign will be placed where the street or Highway intersects a
Dangerous Goods route, to prevent illegal entry of Vehicles carrying Dangerous
Goods.
The tab sign (RB-70T) may be used for an educational period.
"DANGEROUS GOODS PROHIBITION" signs shall have a red circle
circumscribing a black diamond symbol on a white background with a
red diagonal superimposed over the diamond symbol. Where the sign is
erected, Dangerous Goods carriers are prohibited from travelling upon
the street or Highway.
RB - 70
RB - 70T
60 x 60 cm
30 x 30 cm
Page | 40
SCHEDULE "E"
GUIDELINES FOR APPLICATIONS AND APPROVAL
FOR USE OF HIGHWAYS
FOR OFF-HIGHWAY VEHICLE EVENTS
1.
Written application will be received for specific rides or events from
groups, organizations, societies or clubs which:
i.
intend to raise funds for a "Charitable Purpose" as defined in the
Public Contributions Act, R.S.A. 1992, C. P-26, as amended, and who
meet the requirements of the said Act; or
ii. wish to hold a recreational ride or event to encourage or promote
their membership or group activities.
2.
A group, organization, society or club shall be allowed only two rides or
events, as set out in (1) above, per month.
3.
A Statutory Declaration (Schedule "F") shall be provided certifying that a
responsible Person within the group, organization or club has:
i.
determined that all members or participants who take part in the ride
or event hold a current financial responsibility card for liability
insurance which indicates that it remains in force during the ride or
event, and all Off-Highway Vehicles are properly licensed as per Motor
Vehicles Administration Act, R.S.A. 1980, C. M-22, as amended.
ii. checked the Highways or portion of the Highways to be used, and is
satisfied themselves that the ditches and Highway sides to be used
are satisfactory and, in his opinion, safe for the intended purpose.
4.
A Waiver or Release, Schedule "G" signed by each member or participant
involved in the ride or event shall be provided and shall release the County
of any responsibility which may arise from the use of the Highways or
portions of Highways for the intended purpose.
5.
The application shall be submitted to the Chief Commissioner at least
three (3) weeks prior to the time of the proposed ride or event and shall
include the date and times of the ride or event together with the name,
address and telephone number of a contact Person.
6.
Upon application, the Chief Commissioner shall be authorized by Council to
allow, if he deems it necessary, a pre-ride or pre-event run by
representatives of the group, organization, society or club to certify the
safety of the route or to mark the route or any hazards in relation to the
Highways or portions or Highways as specified for use in the applications.
Page | 41
7.
Prior to the placing of markers for the route of for hazards along the
proposed route approval must be obtained from the Chief Commissioner.
8.
All signs or markings which have been placed along the route shall be
removed within twenty-four (24) hours following the completion of the ride
or event.
9.
Failure to comply with any of the requirements of the Bylaw, the attached
Schedules or any conditions of the approval, as granted, may result in
cancellation of the approval and the refusal of future applications.
Page | 42
SCHEDULE "F"
STATUTORY DECLARATION FOR OFF-HIGHWAY VEHICLE EVENTS
In the Matter of
I,
____
of
in the Province of Alberta,
do solemnly declare that I have on behalf of the
___
checked Strathcona County Highways or portion of the Highways to be used for
, which will be held by the __
_________
, on the dates of
____,
and have satisfied myself that the Highways or portions of the Highways to be used
for the said event or ride are satisfactory and safe for the intended use by the
members or participants of such event or ride.
AND I make this solemn declaration conscientiously believing it to be true and
knowing that it is of the same force and effect as if made under oath.
DECLARED before me at the
of
in the Province of Alberta, this
day of
A.D., 20
A Commissioner for Oaths or Notary Public in and for the Province of Alberta
}
CANADA
PROVINCE OF ALBERTA
TO WIT:
}
Signature of Declarant
Page | 43
SCHEDULE "G"
RELEASE, WAIVER AND INDEMNITY AGREEMENT
FOR OFF-HIGHWAY VEHICLE EVENTS
Group Members
Strathcona County
Traffic Bylaw 16-2015
This is to certify that we the members of the _________________________
of __________________________ in the Province of Alberta who have attached
our signatures hereto, intend to participate, at our own risk, in the event or ride
being the _______________________ held by the _________________________
on the date(s) of ___________________ , 20___ and in consideration of using
Strathcona County's Highways or a portion of Highways as authorized for the said
event or ride and further good and valuable consideration, the receipt whereof
being hereby acknowledged, I do hereby freely and voluntarily release Strathcona
County, the Council of Strathcona County, and Councillors of Strathcona County,
past, present, or future, its officers, employees, servants, independent contractors
and agents (hereinafter collectively referred to as "Strathcona County") from all
liability and do hereby waive as against Strathcona County all recourses, claims,
causes of action and demands of any kind whatsoever, which I, my heirs,
executors, and assigns might have against Strathcona County, and I do hereby
agree to indemnify and hold harmless Strathcona County from any and all claims,
demands, causes of action of any kind whatsoever, including those involving
negligence on the part of the said Strathcona County, that may be made against
Strathcona County, arising out of or connected with my preparation or participation
in any of the programs or activities referred to above.
In confirmation of the above, we have attached our signatures hereto.
Dated at ____________, in the Province of Alberta, this ___ day of _______ 20__.
Page | 44
SIGNATURES OF MEMBERS
Please Print Name
Signature
Print Name of Witness
Signature of Witness
Address of Witness
Page | 45
SCHEDULE "H"
HEAVY VEHICLE TRAFFIC - SCHEDULE OF TRUCK ROUTES
IN THE SHERWOOD PARK URBAN SERVICE AREA
1.
Turbo Industrial Park - part of W ½ 14-53-23-W4
2.
Cloverbar - NE ¼ 8-53-23-W4
3.
Boychuck Subdivision - N ½, SE ¼ 8-53-23-W4
4.
Knightsbridge Industrial Park - SE ¼ 6-53-23-W4
5.
24 Street (Railway Street) plus connector to 17 Street - NE ¼ 31-52-23-W4
6.
92 Avenue, 17 Street - Kleysen's entrance
7.
Sherwood Industrial Estates including 84 Avenue - part of
the E ½ 30-52-23-W4
8.
Wye Road, Ordze Road to Highway 21
9.
17 Street, Highway 16 to Highway 14
10.
34 Street, Baseline Road to Highway 14
11.
Trans Mountain Service Road - SW ¼ 5-53-23-W4
12.
Range Road 232, Highway 16 to Township Road 534
13.
Range Road 231, Highway 16 to Township Road 534
14.
Broadmoor Boulevard, Baseline Road to Highway 16
15.
Petroleum Way, Broadmoor Boulevard to 17 Street
16.
Baseline Road, Broadmoor Boulevard to a point 475 metres west, and
from 775 metres east of 17 Street to 34 Street
17.
Strathmoor Drive
18.
Strathmoor Way
19.
Range Road 233A, Strathmoor Way to Petroleum Way
20.
Streambank Avenue
21.
West side of Highway 21 Service Road (Range Road 230), from Township
Road 534 south to the end of the Service Road north of Highway 16
Page | 46
22.
Township Road 534 from Highway 21 to Range Road 232
23.
North side of Highway 16 Service Road from Range Road 231 to
Range Road 232
Page | 47
SCHEDULE "I"
HEAVY VEHICLE TRAFFIC - SCHEDULE OF RESTRICTED TRUCK ROUTES
IN THE SHERWOOD PARK URBAN SERVICE AREA
1.
Sherwood Drive, Wallace Drive to Highway 16
2.
Broadmoor Boulevard, Sherwood Drive to Baseline Road
3.
Brentwood Boulevard, 75 metres south of Estate Drive to Sherwood Drive
4.
Granada Boulevard, Sherwood Drive to Clover Bar Road
5.
Clover Bar Road, Wye Road to Highway 16
6.
Highway 16 Service Road (south side), Broadmoor Boulevard to Sherwood
Drive
7.
Baseline Road, Broadmoor Boulevard to Highway 21
8.
Lakeland Drive, Highway 21 to Broadmoor Boulevard
Page | 48
SCHEDULE "J"
PRIVATE PROPERTY "NO PARKING" SIGNS
Page | 49
SCHEDULE "K"
OFFENCES
SECTION
OFFENCE
PENALTY
3.3
Operating a Vehicle without a Road Use Agreement
(i)
first offence
(ii)
second offence
(iii)
third and subsequent offences
$ 500.00
$ 1000.00
$ 2000.00
3.4
Failure to comply with the Terms and Conditions of a
TAC or RUA
$ 200.00
3.6
Operating a Vehicle without a TAC
$ 500.00
4
Failure to comply with any provision of Section 4
(i)
first offence
(ii)
second and subsequent offences,
exclusive of costs
$ 200.00
$ 1000.00
6.5
Holding a Special Roadway Event without a Permit
$ 200.00
6.7
Using a Loudspeaker without a Permit
$ 100.00
7.1-7.2
Failure to comply with any provision of Section 7.1-7.2
(i)
first offence
(ii)
second offense
(iii)
third and subsequent offences
$ 200.00
$ 500.00
$ 1000.00
7.8
Failure to comply with any provision of Section 7.8
$ 200.00
7.9
Failure to produce a ROWCAP when requested
$ 200.00
8.1(a)
Parking in front of a building under construction
$ 57.00
8.1(b)
Parking in a Bus Stop or Transit Zone
$ 57.00
8.1(c)
Parking in a Truck Loading Zone
$ 57.00
8.1(d)
Parking on a Highway, Roadway or Highway Right-of-
Way
$ 250.00
8.2
Parking or Stopping illegally in a Fire or Emergency
Lane
$ 200.00
8.3
Parking or Stopping within five (5) metres of a fire
hydrant or point on curb nearest the hydrant
$ 175.00
8.4
Parking of a Commercial Vehicle
$ 57.00
8.5
Parking where there is a "No Parking" sign
$ 57.00
8.6
Stopping in a "No Stopping" zone
$ 57.00
8.7
Parking illegally in a Lane
$ 57.00
8.8
Parking in excess of posted time limits
$ 57.00
8.10-8.11
Parking when portable "No Parking" signs are in place
$ 100.00
8.13-8.15
Unauthorized Parking on Private Property
$ 57.00
8.16
Unauthorized Parking on Public Property
$ 57.00
8.17
Unauthorized Parking in a reserved Parking space on
Public Property
$ 57.00
8.18-8.19
Parking in a metered stall after time expired
$ 57.00
8.21
Parking of Trailer without Vehicle attached
$ 150.00
8.22
Occupying a Trailer on a Highway
$ 150.00
8.24-8.25
Parking a Vehicle and Trailer or Recreational Vehicle in
excess of thirty-six (36) hours
$ 100.00
Page | 50
8.26-8.27
Parking a Vehicle and Trailer or Recreational Vehicle
that creates an obstruction, presents a safety concern
or otherwise impedes traffic
$ 150.00
8.28
Parking overlength Vehicle in a Hamlet between certain
hours
$ 57.00
8.29
Parking oversize Vehicle in an area of a Hamlet not
designated by signs
$ 57.00
8.30
Parking a Heavy Vehicle in a residential area in a
Hamlet
$ 250.00
8.32
Parking a Vehicle used for hauling Dangerous Goods on
a Highway
$ 500.00
8.33
Parking a Vehicle used for hauling Dangerous Goods
near a building
(i)
first offence
(ii) second and subsequent offences, exclusive
of costs
$ 500.00
$ 1000.00
8.35
Parking in space designated for Parking of Vehicle of
Disabled Person
$ 150.00
9
Failure to comply with any provision of Section 9
(i)
first offence
(ii)
second offence
$ 100.00
$ 200.00
10.1
Failure to comply with any provision of 10.1
$ 100.00
10.3
Use of engine retarder brakes on any Commercial
Vehicle within the Urban Service Area or residential
area
$ 57.00
11.1
Placing or permitting to be placed Foreign Matter onto
any Roadway or Sidewalk
$ 200.00
11.2
Placing or permitting to be placed Foreign Matter onto
any Fire Hydrant located on Public or Private Property
$ 150.00
11.3
Damaging or permitting to be damaged any Highway
or Fire Hydrant by scraping, cutting or in any manner
whatsoever, whether or not such person is engaged in
removing Foreign Matter from any Highway or Hydrant
$ 200.00
11.4
Placing or depositing any object, refuse, building or
other materials, dumpsters, snow, earth, sand, gravel,
sod, or any other material in the road rights-of-way
that will impede or obstruct traffic.
(i)
first offence
(ii)
second offense
(iii)
third and subsequent offences
$ 100.00
$ 500.00
$ 1000.00
11.5
The placement of driveway aids in the road rights-of-
way outside of permitted
(i)
first offence
(ii)
second offense
(iii)
third and subsequent offences
$ 100.00
$ 500.00
$ 1000.00