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S u m m e r V i l l a g e o f S u n b r e a k e r C o v e
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SUMMER VILLAGE OF SUNBREAKER COVE
TRAFFIC BYLAW
BYLAW NO. 126-18
Being a bylaw of the summer village of Sunbreaker Cove in the Province of
Alberta for the purpose of regulating street, motor vehicle and pedestrian traffic
in the Summer Village of Sunbreaker Cove.
WHEREAS the Municipal Government Act, R.S.A. 2000, C M-26 and
amendments thereto allows a municipality to pass bylaws and delegate authority
with respect to streets, parks, green spaces or Summer Village-owned land under
its direction, control and management and transportation thereon; and
WHEREAS under the authority of the Traffic Safety Act, RSA 2000, Chapter T-
6 and amendments thereto, Summer Village Council deems it necessary to
regulate and control motor vehicles and pedestrian traffic within the Summer
Village Corporate Limits;
WHEREAS Council of the Summer Village of Sunbreaker Cove deems it
expedient and in the public's interest to a pass a bylaw to regulate and enforce
traffic within the Summer Village of Sunbreaker Cove;
NOW THEREFORE the Municipal Council of the Summer Village of Sunbreaker
Cove duly assembled enacts as follows:
SHORT TITLE
1. This Bylaw shall be cited as "The Traffic Bylaw"
DEFINITIONS
2. Definitions in the Traffic Safety Act and the Provincial Procedures Act
are hereby incorporated as part of this Bylaw.
3. In this Bylaw, including this section, unless the context otherwise
requires:
a)
"Act" means the Municipal Government Act, being Chapter M-26
of the Revised Statutes of Alberta, 2000 as amended, and any
amendment or substitutions thereof.
b)
"Bylaw Enforcement Department" means the Bylaw Enforcement
Department of the Town of Sylvan Lake, which is contracting
services to the Summer Village of Sunbreaker Cove.
c)
"Chief Administrative Officer" means the Chief Administrative
Officer for the Summer Village of Sunbreaker Cove and whatever
subsequent title may be conferred on that officer by Council or
Statue.
d)
"Council" means the Municipal Council of the Summer Village of
Sunbreaker Cove.
e)
"Emergency Vehicle" means a motor vehicle used;
(ii) for police/peace officer duty
(iii)by a fire department
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(iv) as an ambulance
(v) for purposes relating to maintenance of a public utility and
designated as an emergency vehicle by the R.C.M.P.
f) "Gross Weight" includes both:
(i)
the total weight transmitted to the road by a single axle
group on a vehicle placed on public roads as determined in
accordance with the Traffic Safety Act and the regulations
made thereunder; and
(ii)
the total maximum weight transmitted to the road by all the
axles of a vehicle used on the public roads aforesaid
determined in accordance with the Traffic Safety Act and
the regulations thereunder.
g) "Heavy Vehicle" means a vehicle with or without load, exceeding any
of the following:
(i)
2 axles;
(ii)
6 meters in length;
(iii)
a gross weight of 5500 kilograms.
h) "Highway" means 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 of parking of vehicles and includes:
(i)
A Sidewalk, including a boulevard adjacent to the
Sidewalk,
(ii)
If a ditch lies adjacent to and parallel with the Roadway,
the ditch, and
(iii)
If a Highway right of way is contained between fences or
between a fence and one side of the Roadway, all the land
between the fences,
(iv)
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 Provincial regulation not to be a
Highway;
i) "Motor Vehicle" means
(i)
a vehicle propelled by any power other than muscular
power, or
(ii)
a moped,
But does not include a bicycle, a power bicycle, an aircraft, an implement
of husbandry or a motor vehicle that runs only on rails.
j)
"Obstruction" means an encroachment, excavation, structure or
other obstacle which interferes with, or prevents the vision,
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passage, maintenance or use of any public property by vehicles or
pedestrians.
k)
"Off-Highway Vehicle" means a motorized mode of transportation
built for cross-country travel on land, water, snow, ice or marsh or
swamp land or on other natural terrain and, without limiting the
generality of the foregoing, includes, when specifically designed
for such travel,
(ii)
4-wheel drive vehicles,
(iii)
low pressure tire vehicles,
(iv)
motorcycles and related 2-wheel vehicles,
(v)
amphibious machines,
(vi)
all-terrain vehicles,
(vii)
miniature motor vehicles,
(viii) snow vehicles,
(ix)
minibikes, and
(x)
any other means of transportation that is propelled by any
power other than muscular power or wind,
but does not include:
(xi)
motor boats, or
(xii)
any other vehicle exempted from being an off-highway
vehicle by regulation
l)
"Operator" includes, but is not limited to, a person who drives or
operates a vehicle as the owner thereof or as an agent, employee or
servant of the owner.
m)
"Peace Officer" means
(i)
a member of the Royal Canadian Mounted Police;
(ii)
a Bylaw Officer as appointed by the Summer Village to
enforce
bylaws
of
the
Summer
Village,
or
(iii)
a Community Peace Officer as appointed by the Solicitor
General of Alberta;
n)
"Person" means any individual, business, partnership, firm,
corporation, occupant of a residence, or owner of a vehicle.
o)
"Recreation
Vehicle"
means
a
motor
vehicle
designed,
constructed, modified or equipped as a temporary dwelling place,
living abode or sleeping place.
p)
"Residential" means that part of the Summer Village of
Sunbreaker Cove which is designated residential by the Land Use
Bylaw.
q)
"Roadway" means that part of a highway intended for use by
vehicular traffic.
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r)
"Speed Limit" means any speed limit posted, prescribed by or
pursuant to this Bylaw.
s)
"Summer Village" means the Summer Village of Sunbreaker
Cove, a Municipal Corporation of the Province of Alberta and
includes the area contained within the corporate boundaries of the
SUMMER VILLAGE OF SUNBREAKER COVE where the
context so requires.
t)
"Traffic Control Device" means 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.
u)
"Trailer" means a vehicle so designed that it
(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.
v)
"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 but does not include a mobility aid.
ENGINE RETARDER BRAKES
4. No vehicle shall operate engine retarder brakes in the Summer Village of
Sunbreaker Cove.
SEASONAL ROAD RESTRICTIONS
5. Seasonal road restrictions as per Schedule B of this Bylaw will be applied in
the Summer Village of Sunbreaker Cove. Seasonal Restrictions reduce
allowable axle weights. The restricted roads will be posted with signs
showing the percentage of the allowable licensed axle weight.
EMERGENCY VEHICLES
6. Nothing in this Bylaw prohibits police vehicles, bylaw enforcement vehicles,
ambulances, fire trucks or any other emergency vehicle as well as vehicles
engaged in road repair, maintenance or inspection from being parked on the
roadways by their operators in the performance of their duties.
PARKING WITHIN THE SUMMER VILLAGE
Parking on Private Property
7. No person shall park or leave any vehicles parked on private land that has
been clearly marked as such by a sign or signs erected by the owner or his
agent unless such person has obtained the permission of the owner, tenant,
occupant or person in charge or control of the said land or property.
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Parking on Summer Village Lands
8. No person shall park or drive any vehicle on any land owned by the Summer
Village of Sunbreaker Cove including, but not limited to, parks, boulevards
or green spaces at any time without getting written permission prior to doing
so.
Trailers and Recreational Vehicles
9. Recreational vehicles or trailers shall not be parked on any road in the
Summer Village of Sunbreaker Cove.
10. A recreation vehicle, holiday trailer, motor home or camper parked on a
parcel in the Residential District on which is located a dwelling unit may be
used as per Land Use By-law for living and sleeping accommodation by:
a)
bona fide tourists for a maximum period of 30 days per
annum, and
b)
the registered owner of the parcel and his immediate family, for
one period of a maximum period of 45 consecutive days following
the issue of a development permit which necessitates
temporary accommodation on the parcel.
Prohibited Parking
11. No person shall park a vehicle in a "no parking zone."
12. All "no parking" zones shall be indicated by signs posted by the Summer
Village of Sunbreaker Cove.
13. Parking in a prohibited parking zone shall be permitted when standing in
obedience to a peace officer.
OFF-HIGHWAY VEHICLES AND MAINTENANCE EQUIPMENT
14. A person may operate an off-highway vehicle on a highway within the
Summer Village boundary for the purpose of access and egress to Sylvan
Lake
and
their
residence
subject
to
the
following
conditions:
a)
No person or operator of an off-highway vehicle shall fail to
comply with provincial legislation including, but not limited to, the
Traffic Safety Act, the Use of Highways and Rules of the Road
Regulations,
unless
otherwise
stated
in
this
bylaw.
b)
No person shall operate an off-highway vehicle on a highway from
the 15th of June through to the 31st of August, inclusive.
c)
The hours of operating an off-highway vehicle shall be restricted to
the period of time between 8:00am and 11:00pm.
d)
The maximum speed at which an off-highway vehicle shall be
permitted to travel on a roadway is 30 km/hr.
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e)
No person shall operate or ride as a passenger on an off-highway
vehicle without wearing a safety helmet securely fastened to their
head.
f)
No person shall operate an off-highway vehicle unless they are a
holder of a valid Class 5 or greater operator's license.
g)
No person shall operate an off-highway vehicle unless the off-
highway
vehicle
is
registered.
h)
No person shall operate an off-highway vehicle unless the off-
highway
vehicle
is
insured.
i)
No person shall operate an off-highway vehicle if the license plate
is not securely attached, legible and clearly visible to other drivers.
j)
No person shall operate or ride an off-highway vehicle adjacent to
or alongside another off-highway vehicle travelling in the same
direction.
k)
No person shall operate an off-highway vehicle without due care
and attention; or without reasonable consideration for other
persons or property, on any portion of a highway or roadway.
l)
An operator of an off-highway vehicle shall immediately, on being
signaled or requested to stop by a Peace Officer, bring their vehicle
to a stop, and provide any information respecting the driver or the
vehicle that the Peace Officer requires and shall not start their
vehicle until they are permitted to do so by that Peace Officer.
m)
A Peace Officer, Summer Village employee or agent of the
Summer Village may operate an off-highway vehicle on roads or
lands owned by the Summer Village where such operation is
required in connection with the patrol or maintenance duties of
such person or in case of emergency.
SPEED LIMIT
15. The maximum speed limit in the Summer Village of Sunbreaker Cove shall
be 30 km/h unless authorized road signs order a lesser or greater speed.
Every driver shall obey the speed limit fixed by signs.
TRAFFIC CONTROL DEVICES
Sign Placement
16. The Council or the Chief Administrative Officer or designate shall have
appropriate traffic control devices placed and maintained where necessary on
the roads of the Summer Village to indicate; Playgrounds, Speed Limits
and/or devices deemed necessary to provide proper control of traffic.
17. The location, type and placement of all traffic control devices shall be
determined in accordance with the standards set by the Roads and
Transportation Association of Canada. The maps and schedules pertaining to
the location, type and placement of traffic control devices shall be updated
accordingly.
18. No person shall contravene any traffic control device posted under the
authority of this Bylaw.
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Sign Removal
19. No person shall remove or interfere with any traffic control device or
barricade or notice of closing or suspension erected or posted under authority
of this Section.
OBSTRUCTIONS
Snow, Ice and Dirt
20. No person shall place, pile or store any snow, ice, gravel, dirt, equipment or
other obstruction, on any road or Summer Village property without first
applying for and obtaining a permit for such purpose from the Chief
Administrative Officer.
21. Any person placing or causing to be placed any snow, ice, gravel, dirt,
equipment or other obstruction on Summer Village property without a permit
shall remove or cause the removal thereof as soon as reasonably possible
and, in any event no later than 24 hours after notification to do so by the
Chief Administrative Officer or designate. After 24 hours, or such lesser
time as specified by the Chief Administrative Officer or designate, the
Summer Village may remove the obstruction, perform all necessary repairs
and charge the costs thereof to the person causing the obstruction.
GENERAL PROVISIONS
22. Unless a permit to do so has been issued by the Chief Administrative Officer
or designate, no person shall operate on a road a vehicle or trailer having
metal spikes, lugs, cleats, skids, or bands projecting from the surface of the
wheel, tire or track for such vehicle. This prohibition does not apply to the
use of studded tires or tires with chains.
23. No person shall leave a vehicle unattended on a road while it is supported by
a jack or similar device.
PENALTIES AND POWERS OF PEACE OFFICER
Breach
24. Any person who contravenes any of the provisions or requirements of this
Bylaw is guilty of an offense and is liable for and subject to the penalties
herein provided.
Offense Ticket
25. Where a Peace Officer has reasonable grounds to believe a person has
contravened any of the sections of this Bylaw he may issue and serve upon
such person an offense ticket.
26. Service of an offense ticket shall be sufficient if it is:
a) personally served;
b) attached to the vehicle in respect of which an offense is alleged
to have been committed;
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c) mailed to the address of the registered owner of the vehicle or
to the person in possession of the vehicle; or
d) mailed to the address of the registered owner of the property or
to the person in possession of the property.
Provincial Offenses Procedure Act
27. Should a person not pay the penalty provided for contravention of any
Section of this Bylaw and a prosecution has been entered against him, he shall be
liable on summary conviction to pay the minimum fine equal to the penalty stated
in the said offense ticket, and in default of payment of the penalty imposed by the
Court and subject to Section 160(1) & (2) of the Traffic Safety Act.
28. Nothing in this part shall:
a)
prevent any person from exercising his right to defend any charge
laid for contravention of any Section of this Bylaw, or;
b)
prevent any Peace Officer in lieu of serving an offense ticket, or
any other person, from laying an information or complaint against
any person for contravention of any Section of this Bylaw, or;
c)
prevent any person from laying an information against any other
person, whether such person had made payment under the
provision of this Bylaw or not, for contravention of any of the
Sections of this Bylaw.
General Penalty
29. Any person who contravenes any provisions of this Bylaw for which no
penalty has herein been specified, shall be liable by the Provincial Offenses
Procedures Act of a fine not exceeding $500.00 exclusive of costs, and in case of
nonpayment of the penalty and costs imposed by the Court, and subject to Section
160(1) & (2) of the Traffic Safety Act.
30. Any Peace Officer or RCMP Officer is hereby authorized by the Summer
Village to enforce the provisions of this Bylaw and to issue offense tickets to any
person to whom they reasonably believe has contravened the provisions of this
Bylaw.
SEVERABILITY & REPEAL
42. If any part of this Bylaw is found to be invalid, then that part shall be severed
and the remaining Bylaw shall be maintained.
a) Schedules A and B attached hereto shall form part of this bylaw.
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INTRODUCED AND GIVEN FIRST READING this 28thday of May, 2018.
______________________________________
Teresa Beets, Mayor
______________________________________
Phyllis Forsyth, Administrator
SECOND READING given this 19th day of November, 2018.
UPON UNANIMOUS CONSENT, GIVEN THIRD AND FINAL READING
this 19th day of November, 2018.
______________________________________
Teresa Beets, Mayor
______________________________________
Phyllis Forsyth, Administrator
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SCHEDULE A
PENALTIES
SECTION
PARTICULARS
PENALTY
4
5
OVERDIMENSION/OVERWEIGHT
VEHICLES
Use of Engine Retarder Brakes
Contravenes Seasonal Road Restrictions
250.00
115.00/500 KG
7
8
9
11
PARKING WITHIN THE SUMMER
VILLAGE
Illegally parked on private property
Illegally parking or driving on Summer Village
land
Illegally parking a trailer or recreation vehicle
on Summer Village roads
Illegally parked in no parking zones
57.00
57.00
57.00
57.00
14 ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
xii)
OFF-HIGHWAY VEHICLES AND
MAINTENANCE EQUIPMENT
Operate OHV outside prescribed months
Operate OHV outside prescribed hours
Exceed maximum speed
Operator/passenger fail to wear a helmet
Operate OHV without operator's license
Operate unregistered OHV
Operate uninsured OHV
Operate OHV with license plate not clearly
attached/legible/clearly visible
Operate OHV adjacent to another OHV in the
same lane
Fail to stop for a Peace Officer
100.00
180.00
120.00
200.00
250.00
120.00
250.00
120.00
120.00
500.00
15
SPEEDING
Driving beyond posted speed limit
Traffic Safety Act
19
TRAFFIC CONTROL DEVICES
Illegal removal of Summer Village signs
115.00
33
34
GENERAL
Use of Metal Lugs
Leaving a vehicle unattended on a jack or
similar device
115.00
115.00
SCHEDULE B
Seasonal Road Restrictions
Seasonal Road Restrictions will be applied to all designated roads in the Summer Village
of Sunbreaker Cove, as per Road Committee Order