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BYLAW 1419/18
REGULATION OF TRAFFIC
STURGEON COUNTY, MORINVILLE, ALBERTA
A BYLAW OF STURGEON COUNTY IN THE PROVINCE OF ALBERTA TO ESTABLISH A MEANS TO REGULATE
TRAFFIC WITHIN THE BOUNDARIES OF STURGEON COUNTY.
WHEREAS, pursuant to section 13 of the Traffic Safety Act, R.S.A. 2000, c. 1-6 and section 17 of the
Dangerous Goods Transportation and Handling Act, R.S.A. 2000, c. D-4, the Council of Sturgeon County
may, with respect to a highway under its direction, control and management, make bylaws that are not
inconsistent with the Acts;
AND WHEREAS, the Council of Sturgeon County deems it proper to enact traffic regulations for public
safety.
NOW THEREFORE, the Council of Sturgeon County duly assembled, enacts as follows:
1.
TITLE
(1)
This bylaw may be referred to as the "Regulation of Traffic Bylaw".
2.
DEFINITIONS
-
(1)
This Bylaw adopts the definitions found in the Traffic SafetyAct as amended from time to time.
In addition, the following definitions shall apply:
a.
"Act" means the TrafficSafetyAct, R.5.A. 2000, c. 1-6 and amendments thereto.
b.
"CAO" means Chief Administrative Officer or designate.
c.
"Commercial Vehicle" means a vehicle operated on a highway by or on behalf of a person
for the purpose of providing transportation but does not include a private passenger
vehicle.
d.
"Council" means the Council of Sturgeon County.
e.
"Designated Truck Route" means a Highway or Highways listed in a Road Use Agreement or
posted by a sign allowing heavy vehicle traffic.
f.
"Emergency Vehicle" means:
(i)
a vehicle operated by a Peace Officer as defined in the Traffic Safety Act;
(ii)
a fire-fighting or other type of vehicle operated by the fire protection service of a
municipality;
(iii)
an ambulance operated by a person or organization providing ambulance service;
(iv)
a vehicle operated as a gas disconnection unit of a public utility;
(v)
a vehicle designated by regulation as an emergency response unit.
BYLAW
1419/18
Page 2
g.
"Engine Retarder Brake" means a device used to augment or replace some of the functions
of primary friction-based braking systems.
h.
"Fire or Emergency Lane" means a route or lane designated to provide emergency vehicles
with unencumbered access to adjacent or nearby areas.
i.
"Heavy Vehicle" means a Vehicle, or vehicle with trailer attached, 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 included Recreational Vehicles, County owned equipment used for road
maintenance or construction.
j.
"Highway" means:
(I)
any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley,
square, bridge, causeway, trestle way 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;
(ii)
a sidewalk, including a boulevard adjacent to the sidewalk;
(iii)
if a ditch lies adjacent to and parallel with the roadway, the ditch; and
(iv)
if a highway tight of way is contained between fences or between a fence and one
side of the roadway, all the land between the fences, or all the land between the
fence and the edge of the roadway, as the case may be, but does not include a place
declared by regulation not to be highway.
This includes highways owned and
managed by Sturgeon County.
k.
"Mobility aid" means a device used to facilitate the transport in a normal seated
orientation, of a person with a physical disability.
I.
"Municipality" means Sturgeon County.
m. "Obstruction" means any act or thing that blocks, impedes, interferes with, hinders or
prevents, or causes a restriction of vision, passage, maintenance or use of public property
or highways by vehicles or pedestrians.
n.
"Operator" means a person responsible for the operation of a vehicle.
o.
"Over-Dimensional Vehicle" means any vehicle that exceeds the maximum dimensions set
out in the Commercial Vehicle Dimension and Weight Regulation, A.R. 315/2002 (as
amended).
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1419/18
Page 3
p.
"Over-Weight Vehicle" means any vehicle that exceeds the maximum weight set out in the
Commercial Vehicle Dimension and Weight Regulation, A.R. 315/2002 (as amended).
q.
"Park", "Parked" and "Parking" or any word or expression of similar connotation meaning
the standing of a vehicle or remaining stationary in one place whether or not the vehicle is
occupied, excluding vehicles stationary in one place:
(i)
when standing temporarily for the purpose of and while actually engaged in loading
or unloading passengers; or
(ii)
in compliance with the traffic control device or the directions of a Peace Officer.
r.
"Peace Officer" means persons defined under the Traffic Safety Act and a Bylaw Officer
appointed by the Municipality pursuant to the Municipal Government Act to enforce the
Municipality's Bylaws.
s.
"Pedestrian" means:
(i)
a person on foot, or
(ii)
a person in or on a mobility aid, and includes those persons designated by regulation
as pedestrians.
t.
"Prohibited Miniature Vehicles" means motorized vehicles, as defined in the Traffic Safety
Act, however, they also meet the definition of "miniature vehicles" which are not permitted
on a highway in Alberta, including sidewalks along the roadway. While many of these
motorized vehicles are used in a pedestrian-like manner, the operators of these vehicles do
not meet the legal definition of "pedestrian". These miniature vehicles include but are not
limited to electric scooter, pocket bike, golf cart, go cart, personal transporter, and
motorized skateboard.
u.
"Public Property" means all land other than highways, located within the Municipality and
owned by or under the management and control of the Municipality.
v.
"Road Use Agreement" or "RUA" means an arrangement entered into with the County by a
person(s) or company to ensure that the Highway or Highways utilized by that person or
company are protected;
w.
"Recreational Vehicle" (RV5) include motorized RV5 all motor homes (self-propelled motor
vehicle chassis), trailers and towable RVs, travel trailers, tent trailers, truck (slide in)
campers, fifth wheel trailers and trailers carrying boats, all-terrain vehicles or snowmobiles.
x.
"Residential Area" means all land within a residential district as defined in the Municipality's
Land Use Bylaw, specifically country residential multi-lot subdivisions and hamlets.
y.
"Traffic Control Device" means any sign, signal, marking or device placed, marked or erected
under the authority of federal, provincial or municipal legislation for the purpose of
regulating, warning or guiding traffic.
z.
"Trailer" means a vehicle so designed that it:
BYLAW
1419/18
Page 4
(I)
may be attached to or drawn by a motor vehicle or tractor, and
(ii)
is intended to transport property or persons, and includes any vehicle defined by
regulation as a trailer but does not include machinery or equipment solely used in the
construction or maintenance of highways.
aa. "Vehicle" means a device in, on or by which a person or thing may be transported or drawn
on a highway and includes a combination of vehicles.
bb. "Violation Tag" means a tag or similar document issued by the Municipality pursuant to the
Municipal Government Act.
cc. "Violation Ticket" means a ticket issued pursuant to the Provincial Offences Procedure Act,
R.S.A. 2000, c P-34, as amended and regulations thereunder.
3.
SPEED RESTRICTIONS
(1)
Subject to a speed limit prescribed under Section 3.2 or 3.3, the maximum speed limit of a
highway shall be eighty (80) kilometers per hour.
(2)
In accordance with the following, a highway may have a different maximum speed limit than
established under section 3.1:
a.
in the case of any highway, a maximum speed limit that is lower than eighty (80) kilometers
per hour may be prescribed by Council resolution followed by the erecting of signs setting
out the prescribed speed limit;
b.
in the case of a highway, a maximum speed limit of up to one hundred (100) kilometers per
hour may be prescribed by Council resolution followed by the erecting of signs setting out
the prescribed speed limit;
c.
in the case of a highway within a residential area, the maximum speed limit shall be forty
(40) kilometers per hour;
d.
in the case of a highway that is under construction or repair or in a state of disrepair a
maximum speed limit, with respect to the portion of the highway that is under construction,
repair or in disrepair, be prescribed by the CAO by erecting temporary signs along the
highway setting out the maximum limit.
(3)
Notwithstanding any maximum rate of speed established by this bylaw, Council may by
resolution prescribe a speed limit other than the maximum allowed speed limit followed by
erecting signs along the roadway setting out the prescribed speed limit.
4. RESTRICTED VEHICLE OPERATION
(1)
No person shall operate or park an over-dimensional vehicle or over-weight vehicle on a
highway unless that person first obtains written approval from the Manager of Transportation
to operate the over-dimensional vehicle or over-weight vehicle within the Municipality.
(2)
The CAO is hereby authorized to impose road bans from time to time to define:
BYLAW
1419/18
Page 5
a.
highway locations with percentage axle weights for those highways; and
b.
bridge locations with the maximum gross commercial vehicle weights to be posted on those
bridges.
(3)
Where the CAO imposes a toad ban with respect to a highway, he/she shall cause signs to be
erected along the highway as he/she considers necessary to notify operators of the road ban.
(4)
No person shall operate a prohibited miniature vehicle on any Sturgeon County road or
Sturgeon County property.
But does not include a "Mobility aid" device.
5.
PARKING
(1)
The Municipality may cause movable traffic control devices to be placed on a highway to
indicate "No Parking" for certain periods of time as may be necessary for the purpose of street
cleaning, snow removal, maintenance, construction or an event, and when so marked, such
traffic control devices shall take precedence over all other traffic control devices. When the
Municipality has placed moveable traffic control devices on a highway:
a.
No person shall park a vehicle or permit a vehicle to be parked on a highway from the time
a traffic control device or devices have been placed, until such traffic control device or
devices have been removed.
b.
If the vehicle was parked on the highway prior to the placement of the traffic control device
or devices, no person shall leave that vehicle parked or permit that vehicle to remain parked
on the highway after the expiration of twenty-four (24) hours from the time the traffic
control device or devices have been placed.
(2)
No person shall park or permit a vehicle to be parked on a highway contrary to a traffic control
device.
(3)
Where parking is generally permitted, the following restrictions apply in residential areas.
No
person shall park:
a.
a vehicle, trailer or recreational vehicle on a highway for more than seventy-two (72)
consecutive hours;
b.
any trailer, whether designed for occupancy or load carrying on any highway unless such
trailer is attached to the vehicle by which it may be properly drawn and when attached, the
trailer shall be part of the vehicle and subject to any regulations pertaining to the vehicle;
c.
any vehicle so to obstruct the free movement of traffic;
d.
any vehicle over 4,800 kilograms GVW (Gross Vehicle Weight) in any subdivision;
BYLAW
1419/18
Page 6
e.
a commercial vehicle or commercial vehicle with trailer exceeding 10 meters in length or
2.6 meters in width on a highway or any part of the highway right-of-way for a period in
excess of eight (8) hours;
f.
or leave any vehicle, recreation vehicle or trailer on any Sturgeon County public property,
unless otherwise permitted by agreement or permit.
(4)
A person shall not park a vehicle on any portion of a highway marked as a fire or emergency
lane.
6.
OBSTRUCTIONS
(1)
No vehicle shall be parked upon any highway in such a manner as to block, obstruct, impede or
hinder traffic thereon.
2)
Where the obstruction of the highway is unavoidable due to mechanical failure, the person will
not be in violation provided the person:
a.
promptly takes measures to remove such vehicle from the highway; and
b.
does not leave the vehicle unattended if the vehicle has been placed on a jack or jacks and
one or more of the wheels have been removed from it or part of the vehicle has been raised.
(3)
No obstruction of any kind including snow or ice, construction materials, earth, debris, dirt,
gate, gravel, fence, landscaping material, rock, sand, tree, orvegetation shall be made or placed
in, upon or above any highway or public property.
(4)
Every person who fails to comply with the provisions of section 6, shall be guilty of an offence
and shall, in addition to any other penalty, cause the removal of the obstruction within twenty-
four (24) hours of being notified to do so by the Municipality. After the expiration of the twenty-
four (24) hour period, the Municipality may cause the removal of the obstruction and such
removal shall be at the expense of the person causing, placing or permitting the obstruction on
the highway or public property.
(5)
Where an obstruction of any kind in, upon or above any highway or public property creates an
unsafe condition, the Municipality shall be entitled to take such measures as are required for
the protection of life or property.
7.
EXCEPTIONS FOR PARKING AND OBSTRUCTIONS
(1)
The provisions of this Bylaw do not apply to the following vehicles:
a.
emergency vehicles;
b.
a vehicle operated by a federal, provincial or municipal government, or with the approval
of a federal, provincial or municipal government for the purpose of constructing or
maintaining a highway; and
c.
school buses while loading or unloading passengers during the ordinary course of business.
BYLAW
1419/18
Page 7
8.
REMOVAL OF VEHICLES
(1)
Any Peace Officer is authorized to remove or cause to be removed, any vehicle:
a.
parked in contravention of the provision of this Bylaw;
b.
parked in contravention of the Act; or
c.
where emergency conditions exist.
(2)
Any vehicle removed pursuant to this Bylaw may be removed to a place designated by the
Municipality where it will remain until claimed by the owner.
(3)
When a vehicle has been removed by a towing company on the instructions of a Peace Officer,
the owner shall, in order to redeem the vehicle, make the necessary payment to the towing
company.
(4)
All charges for removal and storage of a vehicle shall be in addition to any fine or penalty
imposed in respect of any violation to this Bylaw.
9.
ROAD USE AGREEMENTS
(1)
The Transportation Manager or his/her designate, in accordance with Sturgeon County's Road
Use Agreement policy, may make a determination that the use of a highway by a commercial
vehicle or commercial vehicles may or will cause damage to a highway due to:
(a) the weight of the commercial vehicle or commercial vehicles; or
(b) the frequency of the use of the commercial vehicle or commercial vehicles.
(2)
Where the determination is made that the use may or will likely cause damage to a highway
under section 9 subsection (1), the Transportation Manager or his/her designate is authorized
to require any operator to enter into a Road Use Agreement prior to operating a commercial
vehicle upon a highway.
(3)
An operator entering into a Road Use Agreement shall always ensure that the terms and
conditions contained within the Road Use Agreement are complied with.
(4)
Where an operator has entered into a Road Use Agreement, failure to comply with the
agreement may result in the cancellation of the agreement.
(5)
Operators of a Heavy Vehicle shall travel on a Designated Truck Route when listed in a Road Use
Agreement or posted by sign.
(6)
Farming Activity, the Agriculture industry and potable water hauling
is exempt for the
requirements of the road use agreements.
BYLAW
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Page 8
10. PENALTIES
(1)
Any person who contravenes any provision of this Bylaw is guilty ofan offence and is liable upon
conviction to a fine as set out in the Traffic Safety Act unless otherwise provided in Schedule
"A" attached hereto and updated annually as part of the Municipality's annual fees and charges
schedule.
(2)
Nothing in this Bylaw shall be construed as curtailing or abridging the right of the Municipality
to obtain compensation or to maintain an action for loss of or damage to property from or
against the person or persons responsible.
(3)
A Peace Officer is hereby authorized and empowered to issue a violation tag to any person
whom, the Peace Officer has reasonable and probable grounds to believe, has contravened any
provision of this Bylaw.
(4)
A violation tag may be issued to such person:
a.
either personally; or
b.
by mailing a copy to such person at his/her last known post office address.
(5)
The violation tag shall be in a form approved by the Municipality and shall state:
a.
the name of the person;
b.
the offence;
c.
the appropriate penalty for the offence as specified in Schedule "A" of this Bylaw;
d.
the penalty shall be paid within thirty (30) days of the issuance of the violation tag; and
e.
any other information that may be required by the Municipality.
(6)
Where a contravention of this Bylaw is of a continuing nature, further violation tags may be
issued by a Peace Officer, provided that no more than one violation tag is issued for each day
that the contravention continues.
(7)
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 Municipality, the penalty
specified in the violation tag.
(8)
If the penalty specified in 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 the
Provincial Offences Procedure Act.
(9)
Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a violation ticket.
BYLAW
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Page 9
11. AUTHORITY
(1)
The Traffic SafetyAct, as amended, is adopted for use in the regulating and control of traffic in
the County.
(2)
Notwithstanding any provisions of this Bylaw, Council hereby delegates the CAD the authority
to regulate the placement of all traffic control devices, any sign, signal, marking or device
placed, marked or erected under the authority of this Bylaw for the purpose of regulating,
warning or guiding traffic.
12. GENERAL PROVISIONS
(1)
All persons operating vehicles shall comply with all traffic control devices authorized under this
Bylaw.
(2)
No person shall haul or transport any items in a vehicle or trailer unless its completely enclosed
or secure to prevent garbage or litter from falling or being blown off. Where a violation has
occurred, the Municipality may cause the clean-up of garbage and litter and such clean up shall
be at the expense of the person responsible.
(3)
No person or registered owner of a vehicle shall allow or permit an occupant of their vehicle to
allow the escape or disposal of any refuse or substance on public property or highway except in
designated disposal or recycle receptacles.
(4)
No person or registered owner of a vehicle shall allow or permit an occupant of their vehicle to
allow the escape or disposal of any refuse or substance on private property unless otherwise
authorized and agreed to by the private land owner.
(5)
No person shall apply or engage engine retarder brakes on any truck or truck tractor within the
Municipality where signs prohibit the use.
13. EFFECTIVE DATE
(1)
This Bylaw shall come into force and take effect upon the date of third reading.
14. REPEAL OF BYLAWS
(1)
Bylaw 1278/12 and any amendments thereto are hereby repealed.
Read a first time this 1;th day of September, 2018.
Read a second time this gth day of January, 2019.
Read a third time this gth day of January, 2019.
MAYOR
-
COU
TYC
MSSIONER(CAO)
If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the
remainder of the bylaw is deemed valid.
BYLAW
1419/18
PaRe 10
Schedule A Penalties
Section
Offence
Specific Penalty
5(1)a
Parking in non-compliance with a moveable traffic control device
$200.00
or devices that have been placed and has not been removed.
5(2)
Parking contrary to a traffic control device.
$100.00
5(3)a
Parking on a highway for more than seventy-two (72) consecutive
$200.00
hours.
5(3)b
Parking a trailer not attached to a vehicle.
$300.00
5(3)c
Parking a vehicle which obstructs the free movement of traffic.
$300.00
5(3)d
Parking
a vehicle over 4,800 kilograms GVW (Gross Vehicle
$300.00
Weight) where not authorized.
5(3)e
Park a commercial vehicle or commercial vehicle with a trailer
$300.00
exceeding 10 meters in length or 2.6 meters in width on a highway
or any part of the highway right-of-way for a period in excess of
eight (8) hours.
5(3)f
Park or leave vehicle, trailer or recreational vehicle on any public
$300.00
property unless authorized by section 7 of this Bylaw.
5(4)
Parking on any portion of a highway marked as a fire or emergency
$1,000.00
lane.
6(1)
Parking upon any highway in such a manner to block, obstruct,
$300.00
impede,_or hinder traffic thereon.
6(2)a
Not taking measures to promptly remove a vehicle obstructing
$200.00
traffic due to mechanical failure.
9(1)
Hauling with out a Road Use Agreement
$500.00
9(2)
Fail to comply with conditions of Road Use Agreement
$500.00
9(5)
Fail to follow Designated Truck Route
$500.00
12(2)
Un-tarped load
$500.00
12(3)
Littering/Illegal dumping public lands
$1,000.00
12(4)
Littering/Illegal dumping private lands
$1,000.00
12(5)
Engage engine retarder brakes where prohibited
$200.00
6f2)b
6(3)
Leaving a vehicle unattended while it is on a jack or jacks and one
or more of the wheels have been removed from it or part of the
vehicle has been raised.
- -*'
-
$200.00
Make or place an obstruction of any kind or permit an obstruction
$500.00
to be made or placed in, upon or above any highway or public
property without authority granted by the Municipality and not in
strict compliance with the authority granted by the Municipality.
Note: This schedule of fees may be amended from time to time in the Municipality's annual fees and charges
schedule as per section 10.1 of this Bylaw.