Sundance Beach, Alberta
· No. 2023-02
· adopted 2023-05-25
· summary & facts
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Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 1 of 10
A BYLAW OF THE SUMMER VILLAGE OF SUNDANCE BEACH FOR MATTERS
RELATED TO THE CONTROL OF TRAFFIC
WHEREAS Sections 7 (d) and (i) and Sections 8 (a) and (b) of the MGA (as defined
below) authorize the council of a municipality to pass bylaws respecting transport and
transportation systems;
AND WHEREAS, Sections 13 (1) and 13 (2) of the Traffic Safety Act (as defined
below), provides that the council of a municipality may pass bylaws for the regulation
and control of traffic;
NOW THEREFORE, the Council (as defined below), duly assembled, enacts as follows:
1.
SHORT TITLE
1.1
This Bylaw shall be known as the "Control of Traffic Bylaw".
2.
DEFINITIONS
2.1
Definitions used in this Bylaw, if not defined in this Bylaw, shall have the
same meanings attributed to those definitions in the MGA.
2.2
In this Bylaw:
a) "Bylaw Enforcement Officer" means (i) a person who is an
employee of the Summer Village or a third party and who has been
appointed to carry out the duties of enforcing its Bylaws, (ii) a person
who is a community peace officer as defined under the Peace Officer
Act, Statutes of Alberta 2006, Chapter P-3.5 or (iii) a person who is a
member of the Royal Canadian Mounted Police;
b) "CAO" means the Chief Administrative Officer of the Summer Village;
c) "Costs" means any and all costs, expenses and damages
attributable to, resulting from or arising out of any contravention
or breach of this Bylaw by any Person including, without
limitation, (i) any repair costs or remediation costs applicable to
Roads or Walkways, and (ii) any impounding costs, towing costs
and storage costs applicable to the removal of any Motor Vehicle;
d) "Council" means the Council of the Summer Village;
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 2 of 10
e) "Ditch" means a channel or depression in the ground which (i) has
been dug or occurs naturally, (ii) lies adjacent to and parallel with a
Road or Walkway, and (iii) is generally used for drainage purposes.
f) "MGA" means the Municipal Government Act, Revised Statutes of
Alberta, 2000 Chapter M-26;
g) "Municipal Tag" means a ticket issued by the Summer Village
pursuant to the MGA for breach of its Bylaws;
h) "Occupant" means a Person, other than an Owner, who has the right
to use and occupy a Private Property, in each case whether under a
lease, tenancy, rental arrangement, easement, license, agency
arrangement or otherwise;
i) "Owner" means a Person who is a registered owner of a Private
Property under the Land Titles Act, Revised Statutes of Alberta, 2000,
Chapter L-4;
j) "Person" means an individual and includes partnership, corporation,
trustee, executor, joint venture, proprietorship, association, society and
any other legal entity;
k) "POPA" means the Provincial Offences Procedure Act, Revised Statutes
of Alberta, 2000 Chapter P-34;
l) "Private Property" means any land, buildings or property located in the
Summer Village which is privately owned and to which members of the
public do not have access as of right. For greater certainty, "Private
Property" includes (i) land which is owned by the Sundance Beach
Easement Holders Association and which certain members of the
Sundance Beach Easement Holders Association have the right to use
and occupy pursuant to a written easement agreement, (ii) public utility
lots which are owned by the Summer Village and which certain
residents of the Summer Village have the right to use and occupy
pursuant to a written easement agreement, (iii) public utility lots which
are owned by the Summer Village and which certain residents of the
development known as "Sundance Estates" have a right to use and
occupy pursuant to a written license agreement, and (iv) road
allowances which are controlled by the Summer Village and which
certain residents of the Summer Village have the right to use and
occupy pursuant to a written license agreement;
m) "Public Property" means any land, buildings or property located in
the Summer Village which is owned by the Summer Village and to
which members of the public have access as of right, or by express or
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 3 of 10
implied invitation, whether on payment of a fee or not. For greater
certainty. "Public Property" includes the Summer Village's community
centre, garage and storage buildings and its parks and playgrounds but
excludes Private Property;
n) "Road" means (i) any road located within the Summer Village
including, without limitation, the roads known as "Lakeshore Drive",
"Sunset Boulevard", "Vine Avenue" and "Park Road", and (ii) the road
known as "First Street" located at the western boundary of the Summer
Village, but, for greater certainty, excluding the Walkways;
o) "Summer Village" means the Summer Village of Sundance Beach;
p) "Traffic Safety Act" means the Traffic Safety Act, Revised Statutes of
Alberta, 2000 Chapter T-6;
q) "Violation Ticket" means a ticket issued pursuant to Part 2 or Part 3,
as applicable, of the POPA; and
r) "Walkways" means (i) the roads located within the Summer Village and
known as "Willow Road", "Poplar Road", "Birch Road", "Elm Road",
"Spruce Road" and "Pine Road", and (ii) the paths located within the
Summer Village between Lots 70 and 71, Lots 86 and 87 and Lots 103
and 104.
2.3
In this Bylaw, the definitions "Commercial Vehicle", "Emergency Vehicle",
"Maximum Allowable Weight", "Motor Vehicle", "Off-Highway Vehicle",
"Over-Dimensional Vehicle", "Pedestrian", "Traffic Control Device" and
"Trailer" shall have the meanings attributed to those definitions in the
Traffic Safety Act and its regulations.
3.
GENERAL INTERPRETATION
3.1
All schedules attached to this Bylaw form part of this Bylaw.
3.2
Headings or subheadings in this Bylaw are inserted for ease of reference
and guidance purposes only and do not form part of this Bylaw.
3.3
Words in the singular include the plural and words in the plural include
the singular.
3.4
Where this Bylaw cites or refers to any act, regulation, code or other
bylaw, the citation or reference to the act, regulation, code or other bylaw
includes any amendments thereto before or after the commencement of
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 4 of 10
this Bylaw, and includes reference to any act, regulation, code or other
bylaw that may be substituted in its place.
3.5
Each provision of this Bylaw is independent of, and severable from, all
other provisions and if any provision is declared invalid or unenforceable
for any reason by a court of competent jurisdiction, all other provisions of
this Bylaw remain valid and enforceable.
3.6
Nothing in this Bylaw relieves a Person from complying with any provision
of any federal, provincial or municipal law or regulation or any
requirement of any lawful permit, order or license.
4.
GENERAL
4.1
No Person shall operate any Motor Vehicle or any Off-Highway Vehicle in
any manner, or take or fail to take any action, in either case which
contravenes the Traffic Safety Act or this Bylaw.
4.2
If, in the opinion of the CAO or the Bylaw Enforcement Officer,
circumstances exist which threaten, or could reasonably be expected to
threaten, public safety, then, so long as such circumstances continue to
exist, the CAO or the Bylaw Enforcement Officer may:
a) temporarily close any Road or Walkway or any portion thereof; and
b) temporarily suspend parking privileges on any Road, Walkway or
Public Property or any portion thereof.
4.3
Nothing in this Bylaw shall apply to an Emergency Vehicle being operated
by authorized personnel or a Motor Vehicle or an Off-Highway Vehicle
being operated by the Bylaw Enforcement Officer while performing his or
her duties.
5.
SPEED LIMITS AND TRAFFIC CONTROL DEVICES
5.1
Unless indicated otherwise on a Traffic Control Device, no Person shall
drive or operate a Motor Vehicle or an Off-Highway Vehicle in the Summer
Village in excess of the posted speed limit.
5.2
The CAO shall have the authority to establish the locations of the Traffic
Control Devices within the Summer Village from time to time.
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 5 of 10
6.
PARKING
6.1
No Person shall park a Motor Vehicle, Off-Highway Vehicle or Trailer on a
Road:
a) in contravention of a Traffic Control Device;
b) in a manner which impedes the flow of traffic or Pedestrians;
c) in a manner which blocks or obstructs any Road or Walkway or
access to any Road or Walkway;
d) in a manner which blocks or obstructs the use of a driveway or
entry/exit access area located on Private Property or Public
Property;
e) in a manner which blocks or obstructs the view of a Traffic Control
Device;
f) within five meters of any intersection, stop sign or yield sign;
g) within 10 meters of any barrier or barricade installed by or on
behalf of the Summer Village on any Road or Walkway;
h) on the opposite side of a Road contrary to traffic flow; or
i) for a time period exceeding 72 hours.
6.2
No Person shall park a Motor Vehicle, Off-Highway Vehicle or Trailer on
Private Property without the permission of the Owner or Occupant of such
Private Property.
6.3
No Person shall park a Motor Vehicle, Off-Highway Vehicle or Trailer on
Public Property:
a) unless the Motor Vehicle, Off-Highway Vehicle or Trailer is parked in
a designated parking area; or
b) unless such Person has obtained the prior written permission of the
Summer Village.
6.4
No Person shall park a Motor Vehicle, Off-Highway Vehicle or a Trailer on a
Walkway unless such Person has obtained the prior written permission of
the Summer Village.
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 6 of 10
7.
ROAD BANS and OVER-DIMENSIONAL VEHICLES
7.1
The CAO shall have the authority to issue, from time to time, orders which
establish the Maximum Allowable Weight for Commercial Vehicles on any
Road. The CAO may set out in such orders any applicable exemptions to
such orders.
7.2
Notwithstanding Section 7.1 above, the CAO or his/her designate may,
from time to time, issue road permits and/or road use agreements,
allowing an owner or operator of a Commercial Vehicle to exceed the
Maximum Allowable Weight for Commercial Vehicles on a Road for the time
period specified in such permit and/or road use agreement. Any fees
payable for such permit and/or road use agreement, and any terms and
conditions applicable to such permit may be established by the CAO or
his/her designate from time to time.
7.3
No Person shall drive or operate an Over-Dimensional Vehicle on any Road
or Walkway unless such Person has obtained the prior written permission
of the Summer Village.
8.
PROTECTION OF ROADS, WALKWAYS AND TRAFFIC CONTROL DEVICES
8.1
No Person shall drive or operate a Motor Vehicle on a Walkway unless such
Person has obtained the prior written permission of the Summer Village.
8.2
No Person shall drive or operate a Motor Vehicle on a Road if the wheels or
tires of such Motor Vehicle have metal spikes, lugs, cleats or bands
projecting from such wheels or tires or if such Motor Vehicle has caterpillar
treads unless, in each of such cases, the Person has obtained the prior
written permission of the Summer Village.
8.3
No Person shall break up, dig up, make an excavation under or otherwise
damage, alter or change, in any way, any Road or Walkway, or make
excavation in or under any sidewalk or street for the purpose of building or
otherwise, unless such Person has obtained the prior written permission of
the Summer Village.
8.4
No Person shall move, alter, change, cover, deface or damage, in any way,
any Traffic Control Device unless such Person has obtained the prior
written permission of the Summer Village.
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 7 of 10
9.
OFF-HIGHWAY VEHICLES
9.1
No Person shall drive or operate an Off-Highway Vehicle on a Road if the
wheels or tires of such Off-Highway Vehicle have metal spikes, or bands
projecting from such wheels or tires or if such Off-Highway Vehicle has
caterpillar treads unless, in any of such cases, the Person has obtained the
prior written permission of the Summer Village.
9.2
A Person may operate an Off-Highway Vehicle on a Road or a Walkway
provided that:
a) such Off-Highway Vehicle is operated at the sole risk of such
Person;
b) such Off-Highway Vehicle is operated in compliance with this Bylaw
and with the parts of the Traffic Safety Act applicable to such Off-
Highway Vehicle; and
c) without restricting the generality of Section 9.2(a) above, such Off-
Highway Vehicle is registered in accordance with the Traffic Safety
Act and is equipped with operating lights and brake lights.
9.3
The CAO shall have the authority to issue, from time to time, orders
which ban the use of an Off-Highway Vehicle on any Road or Walkway.
The CAO may set out in such orders any applicable exemptions to such
orders.
10
OBSTRUCTIONS
10.1
No Person shall construct, erect or place, or cause to be constructed,
erected or placed, any temporary or permanent fence, barricade, barrier
or other object which, in the opinion of the CAO or the Bylaw
Enforcement Officer:
a) blocks or obstructs all or any portion of any Road, Walkway or Ditch
or access to any Road, Walkway or Ditch;
b) impedes the flow of traffic or Pedestrians in any manner;
c) blocks or obstructs the use of a driveway or entry/exit access area
located on Private Property or Public Property in any manner; or
d) blocks or obstructs the view of a Traffic Control Device in any manner;
unless such Person has obtained the prior written consent of the Summer
Village.
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 8 of 10
11
FINES AND ENFORCEMENT
11.1
Person who contravenes any provision of this Bylaw is guilty of an offence
pursuant to this Bylaw.
11.2
A Bylaw Enforcement Officer is duly authorized to impound and remove
from a Road or Public Property, a Motor Vehicle in violation of the
provisions in this Bylaw and all Costs incurred in doing so shall be the
responsibility of the owner of such Motor Vehicle.
11.3
In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on
which it continues and a Person guilty of such an offence is liable to a fine
in an amount not less than the amount established in accordance with
section 11.4 below for each separate offence.
11.4
Any Person who is guilty of an offence under this Bylaw is liable for a fine
not less than the amount established in Schedule A and not more than
$10,000. The fine amounts in Schedule A are established for use in
Municipal Tags and Violation Tickets (which offer a voluntary payment
option).
11.5
With respect to an offence under this Bylaw, a Bylaw Enforcement Officer
may issue a Municipal Tag or a Violation Ticket specifying the amount of
the fine established in accordance with Section 11.4 above.
11.6
When a Municipal Tag is issued, the amount of the fine indicated therein
may be paid in accordance with the Municipal Tag in lieu of prosecution.
11.7
When a Violation Ticket is issued with a specified penalty, the amount of
the fine indicated therein may be paid in accordance with the Violation
Ticket in lieu of prosecution.
11.8
Nothing in this Bylaw shall preclude a Bylaw Enforcement Officer from
issuing a Violation Ticket for a mandatory court appearance to any Person
who contravenes any provision of this Bylaw.
11.9
Nothing in this Bylaw shall preclude a Bylaw Enforcement Officer from
laying charges under any alternate governing legislation.
11.10
Any Person who contravenes or breaches any provision of this Bylaw shall
pay to the Summer Village upon demand any Costs attributable to,
resulting from or arising out of such contravention or breach including,
without limitation, any Costs required to repair or remediate any damage
caused by such contravention or breach. If such Person is an Owner and
if such Person fails to pay such Costs upon demand, then the Summer
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 9 of 10
Village may charge such Costs as taxes due and owing in respect of any
Private Property owned by such Person.
12
REPEAL
12.1
This Bylaw shall replace Bylaw No. 2021-06 (Control of Traffic) and Bylaw
No. 2021-06 is hereby repealed.
13
COMING INTO FORCE
13.1
This Bylaw shall come into full force and effect upon final passing.
READ a first time this 25th day of May, 2023.
READ a second time this 25th day of May, 2023.
UNANIMOUS CONSENT to proceed to third reading 25th day of May, 2023.
READ a third and final time this 25th day of May, 2023.
_____________________________
_____________________________
Brian Waterhouse, Mayor
June Boyda, Chief Administrative Officer
Summer Village of Sundance Beach
Summer Village of Sundance Beach
Summer Village of Sundance Beach
Municipal Government Act RSA 2000 Chapter M-26
MGA 7 Control of Traffic Bylaw
BYLAW NO. 2023-02
Summer Village of Sundance Beach
Control of Traffic Bylaw
Page 10 of 10
SUMMER VILLAGE OF SUNDANCE BEACH
BYLAW 2023-02
Schedule A
Section
First Offense
Second and
subsequent
Offense
Additional
5 - Speed
As prescribed in the Traffic Safety Act
6 - Parking
$50
$100
Plus Costs
7 - Road Bans
$200
$400
Plus Costs
8 - Protection of highways
$200
$400
Plus Costs
9 - Off-Highway Vehicles
$200
$400
Plus Costs
10 - Obstructions
$50
$100
Plus Costs