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BYLAW
93 - 11
A BYLAW OF THE TOWN OF TROCHU TO
PROVIDE FOR THE CONTROL AND REGULATION OF TRAFFIC.
Short Title
1.
This By-Law shall be called "The Traffic By
Law" and shall be taken to apply within the limits
of the Town.
Definitions
2.
In this By-Law the definitions described in
Section
(1) of the Highway Traffic. Act,
Revised
Statues
of
Alberta
1980,
c.H-7,
as
amended
(hereinafter referred to as the Highway Traffic
Act) shall apply to this By-Law and in addition the
following definitions shall apply.
(2.1) "By-Law Enforcement Officer" means any Police
Officer, Special Constable or By-Law
Enforcement Officer.
(2.2) "Town" means the Municipal Corporation of the
Town of Trochu or the area contained within
the Town boundaries as the context requires.
(2.3) "Commercial Vehicle" means a motor vehicle
designated
or
used
for
the
carriage
of
goods, wares or merchandise and includes a
vehicle within the meaning of the Highway
Traffic Act.
(2.4) "Council" means the municipal council of the
Town, duly assembled and acting as such.
(2.5) "Cul-de-Sac"
means local roads which are
terminated at one end, with the provision
for turning vehicles.
(2.6) "Curb" means the concrete or asphalt edge of
a roadway or the division point between the
roadway and boulevard or,sidewalk,
-,. ,,_ .. ,,·
.
.
(2.7) "Fuel" or "Oil" means fuel oil within the
meaning of the Fuel Oil Administration Act,
Revised Statutes of Alberta 1980 c. F-21, as
amended (hereinafter referred to as the Fuel
Oil Administration Act).
(2.8) "Hazardous Materials" means any explosive or
toxic
materials,
such
as
dynamite,
pressurized gases, gasoline and diesel fuel.
( 2. 9) "Holiday" means and includes every Sunday,
and any other day defined as a holiday in
the Interpretation Act (Alberta) and any day
or portion of a day proclaimed by the Mayor
or by the Council of the Town as a Civic
Holiday.
(2.10)"Maximum
Gross
Weight"
means
the
maximum
gross
weight
of
a
motor
vehicle
or
combination
of
attached
motor
vehicles
pursuant to the regulations under The Motor
Transport Act R.S.A. 1980 Chapter M-20.
BYLAW 1993-11
Page 2
( 2. 11) "Parade"
or
"Procession"
shall
mean
any
group of pedestrians other than a military
or funeral procession numbering more than
fifty
(50)
and marching or walking on the
highway or on the sidewalk or any group of
vehicles other than a military or funeral
procession and numbering ten (10) or more,
or both.
( 2. 12) "Highway" means any street,
alley or lane
used as a public thorough fare.
PART I
STOPPING. STANDING. PARKING
3.
No person shall park a motor vehicle in an
alley unless he is actively engaged in:
(3.1) the loading or unloading or goods from a
commercial vehicle for a period not exceeding
thirty (30) minutes, or,
(3.2) the loading or unloading of goods or
passengers from a vehicle other than a
commercial vehicle for a period not exceeding
five (5) minutes provided the vehicle
described in subsection (3.1) or (3.2) does
not obstruct the free passage of pedestrian
and vehicular traffic through such alley.
4.
No person shall stop a motor vehicle in a
loading zone except:
(4.1) for a period not exceeding five (5) minutes
for the purpose of and while actively engaged
in loading or unloading passenger, or,
(4.2) for a period not exceeding thirty (30)
minutes for the purpose of and while actively
engaged in loading or unloading of
merchandise or other materials.
5.
(5.1)
No
person shall
park a motor vehicle or
trailer used for the conveyance of flammable
liquid
or , an
explosive
material
upon
a
roadway
or
on
Town
property
unless
such
parking is permitted by a sign.
( 5. 2)
Subsection ( 5 .1)
shall not apply where the
motor vehicle or trailer is obliged to be
parked while making deliveries in the course
of its ordinary business and having a warning
notice clearly displayed.
No person shall. park a trailer on a highway
unless
the trailer is attached to a motor
vehicle by which it may be drawn except for
loading or unloading of a holiday trailer for
a period not exceeding twenty-four (24) hours.
7.
No person who sells, repairs or services motor
vehicles for compensation shall park or leave
any such motor vehicle in his control on a
highway.
BYLAW 1993-11
8.
Page 3
No person shall leave any motor vehicle parked
on a highway for a continuous period exceeding
seventy-two (72) hours.
9.
No person shall park a motor vehicle, other
than a passenger vehicle, of a length together
with
any
trailer
attached thereto,
greater
than
sixteen
(16)
meters
on
any
highway
unless:
(9.1) such person is actively engaged in loading or
unloading passengers, merchandise. or personal
effects.
(9.2) such parking is permitted by a sign, the
erection of which is authorized by the Town
Engineer, or
(9.3) such parking is permitted under Section
10.
No
person
shall park
a vehicle on private
property without the express written consent
of the owner thereof or other person in charge
of the property.
11.
Notwithstanding any other provision of this
By-Law,
the
following
classes
of
motor
vehicles are exempt from parking prohibition:
(11.1) emergency vehicles
(11.2) public utility vehicles
(11.3) municipal or other government public works
vehicles,
(11.4) towing service vehicles
while any such vehicle is being used in work
requiring that it be stopped or parked in
contravention of any such prohibition.
12.
No person shall leave a motor vehicle on a
highway knowing that such highway has been
cleared or is about to be cleared for the
purpose of a parade, or for road maintenance,
snow removal or street sweeping.
13.
14.
No person shall park a
way as to obstruct an
building
or
posted
building.
motor vehicle in such a
emergency exit from any
fire
lane
around
a
No person shall unload a car carrier
highway or publicly owned land unless
publicly owned land is designated for
purpose.
on a
such
that
15.
No person shall park any motor vehicle in such
a manner
as to
block,
obstruct,
impede or
hinder
the
access
or
egress
of
any
other
vehicle.
"'"J',
'
-
BYLAW 1993-1,J
Page 4
-¼ 16.
No
person
shall
discharge
or
allow
to
be
discharged
any
substance
on
streets,
sidewalks, alleys or public thorough fare.
17.
SIGNS
(17.1) Where a sign restricts the parking of motor
vehicles it shall be an offence to park a
motor
vehicle
in
excess
of
the
time
or
vehicle weight or class so designated and
marked on the sign.
( 17. 2)
If,
after the issuance of a traffic tag
concerning a first violation of subsection
17. 1
hereof,
a
person
allows
the
motor
vehicle to be parked for further periods of
time in
excess
of
that permitted on the
sign, then a second and additional offenses
shall be deemed to have occurred.
18.
Notwithstanding the provisions of the Highway
Traffic Act, a motor vehicle may be parked at
an angle to the curb in a cul-de-sac provided
that the vehicle is parked in such a manner as
not to interfere with the free flow of traffic
in the cul-de-sac.
19.
Where any type of motor vehicle has removable
camping
accommodation
installed
on
it,
the
operator or owner of the motor vehicle or any
person in charge of the motor vehicle shall
not, either permanently or temporarily, leave
the camping accommodation or other removable
portion of the motor vehicle used for this
purpose on any portion of a highway after the
same has been removed from the motor vehicle.
20.
No person shall park or permit to be parked a
motor vehicle other than:
(20.1) a private passenger type of motor vehicle;
or,
(20.2) a truck rated as being not more than 4000
Kilograms gross vehicle weight;
on the side of a highway abutting property
which
is
used
as
a
park,
playground,
a
school site,
a church or other place of
public worship, between the hours of eight
o'clock in the evening and eight o'clock in
the morning of the following day at any time
on a holiday.
21.
In order to determine the time which a motor
vehicle has been parked in a location where
parking is restricted to a specific time a
police officer or other person charged with
the enforcement of parking prohibitions and
restrictions may place an erasable chalk mark
on the tread face of the tire of a parked or
stopped
motor
vehicle
without
such
police
officer or other person or the Town incurring
any liability for so doing.
BYLAW 1993-11
Page 5
22.
EXEMPTIONS
(22.1) Council may, as it deems fit by resolution,
exempt any class of motor vehicles from the
provisions
of
this
By-Law
relating
to
stopping or parking under such conditions as
Council may impose and may provide for the
identification
of
the
motor
vehicles
so
exempted.
(22.1) No person shall display any card or sticker
or other device identifying a motor vehicle
as purporting to be exempted .. pursuant to
subsection (22.2) of this By-Law unless the
same has been authorized by Council.
PART III
OPERATION OF A VEHICLE
23.
No
person
shall
drive
a
vehicle
over
an
unprotected fire hose.
24.
No person shall drive a motor vehicle by which
a second vehicle is being towed unless the tow
rope, cable or chain does not exceed 3. 5m in
length.
25.
No one shall drive a vehicle in excess of the
speed of thirty (30) kilometers per hour in a
school or playground zone marked on Schedule
"A.311 and which zones are indicated by traffic
control devices during the hours specified in
the Highway Traffic Act.
26.
No one shall drive a vehicle at a speed in
excess of the posted speed limit along those
portions of the roadway indicated in Schedule
"A.311 of this By-Law.
27.
Notwithstanding
the
direction
of
a
traffic
control device no one shall drive a vehicle
into an intersection unless the condition of
traffic in and adjacent to the intersection is
such
that
he
may
drive
through
the
intersection without impeding the passage of
other vehicles or pedestrians on the highway.
28.
No person shall drive a vehicle in
a speed greater than twenty (20)
per hour.
29.
PARADES/PROCESSIONS
an alley at
kilometers
(29.1) A driver of a motor vehicle in the lead of a
f u n e r a l
p r o c e s s i o n
a pp r o ac hing
an
intersection where a stop sign or traffic
control device is posted requiring the motor
vehicle
to
stop,
shall
stop
the
motor
vehicle as required by the Highway Traffic
Act and shall not drive the motor vehicle
into the intersection until it is safe to do
so.
Motor Vehicles that
follow
in
the
funeral procession may then proceed through
the intersection without stopping subject to
the
direction
of
a
By-Law
Enforcement
Officer.
BYLAW 1993-11
Page 6
(29. 2) A motor vehicle in a funeral procession,
other
than
the
lead
motor
vehicle,
may
during daylight hours enter an intersection
without stopping if:
(a)
(b)
(c)
(29.3) No
(a)
(b)
the head lamps of the motor vehicle are
alight,
t h e
m otor
vehicle
immediately behind the
front of it so to form
of traffic, and
is
travelling
motor vehicle in
a continuous line
the passage into the intersection can be
made in safety.
driver shall.
break through the ranks of a military or
funeral procession, or,
break
through
the
ranks
of
any
other
authorized parade or procession.
PART IV
PEDESTRIANS
30.
No
person
shall
cross
other
than
on
a
crosswalk.
31.
No pedestrian shall obstruct the lawful use of
the highway.
32.
A pedestrian shall walk to the right of the
centre
line
of
crosswalk
or
sidewalk
when
another
pedestrian
is
approaching
from the
opposite direction unless it is impractical to
do so.
PART V
BICYCLES AND MOTORCYCLES
33.
A person travelling upon any sled, toboggan,
skis,
roller
skates,
or
any
toy
vehicle,
tricycle, bicycle or similar device shall not
cling to or attach himself or his conveyance
to any motor vehicle upon a highway.
34.
No one shall leave a two wheeled vehicle on a
highway other than at the curb or edge of the
roadway other than in an upright position.
35.
In
addition
to
any
other
penalty
where
a
person is convicted of an offence contrary to
a provision of this by-law,
the Court may
order
the
impounding
of
the
bicycle
for a
period not exceeding thirty (30) days.
36.
No person shall ride a cycle on any sidewalk
except where expressly permitted to do so by
this by-law.
Children's bicycles or tricycles
having a wheel diameter of less than thirty
(30)
centimeters
are
exempt
from
this
provision.
BYLAW 1993-11
Page 7
PART VI
HEAVY TRUCK ROUTES
37.
For the purpose of Sections 37 to 51:
(37.l) "heavy truck" means a motor vehicle with a
gross
weight
of
4000
Kilograms
or
more,
or
exceeding eleven (11) meters in length
( 3 7 . 2) "heavy truck route" means the heavy truck
route shown on Schedule "B" of this by-law.
(37.3) "restricted
heavy
truck
route"
restricted
heavy
truck
route
Schedule "B" of this by-law.
means
the
shown
on
(37.4) "service truck route" means the service truck
route shown on Schedule "B" of this by-law.
38.
OPERATION OF HEAVY TRUCKS
(38 . 1) No person shall operate a heavy truck on a
roadway
other than
a
heavy
truck
route,
restricted heavy
truck
route,
or
service
truck route.
(38.2) No person shall operate a heavy truck on the
restricted heavy
truck
route between
the
hours of 11:00 p.m. and 7:00 a.m.
(38.3) No person shall operate a heavy truck on the
service truck
route
between
the hours of
11: 00 p.m. and 6: 00 a.m.
39.
(39 .1) The
following
shall
not
be deemed to be
operating a motor vehicle in contravention
of Section 38.1 if the heavy truck was being
operated on the most direct route between
the premises or location concerned, and the
nearest heavy truck, restricted heavy truck
or a service truck route.
(a)
Persons delivering or collecting goods or
merchandise to or from the premises of
bona fide customers.
(b)
Persons
storage
owner
going
to
or
from
an
approved
depot
for
the
vehicle
of
the
of
the
heavy
motor
vehicle
concerned.
(c)
Persons moving a building for which the
necessary moving permits have been issued
by the Town.
(d)
Persons going to or from premises for the
servicing or repairing of a heavy motor
vehicle.
(e)
Persons pulling a disabled motor vehiGle
from a highway prohibited to heavy motor
vehicles.
40.
The following shall not be deemed to be in
contravention of Section 39:
BYLAW 1993-U
Page 8
(a)
Persons driving a public passenger meter
vehicle.
(b)
Persons driving a motor vehicle owned by
or actually in the service of the Town.
41.
No person while operating a heavy truck away
from the heavy truck route for any . of the
reasons set forth in Section 39 shall exceed a
speed of thirty (30) kilometers per hour.
42.
No person shall operate an engine brake within
the Town limits.
43.
( 43 .1) Unless he has first obtained a permit as
provided
in
subsection
(43.6) ,
a
person
shall not drive or have on the roadway a
motor
vehicle
or
combination of
attached
motor vehicles with a weight in excess of
that allowed by Provincial Regulations.
(43.1) (a) Notwithstanding any other provision
of
this By-law, no person shall drive or have
on a highway a motor vehicle or combination
of
attached
motor
vehicles
with
a
gross
weight in excess of the maximum gross weight
for the
motor vehicle or combination
of
attached motor vehicles without first having
obtained
a
permit
pursuant
to
subsection
43.6.
(43.2) Wherever
in
his
opinion,
there
is
a
contravention of subsection (43.1) , a By-Law
Enforcement Officer may order the driver or
other person in charge or control of a motor
vehicle or
combination
of attached motor
vehicles suspected of being on a highway in
contravention of such subsection,
to take
such
motor
vehicle
or
combination
of
attached
motor
vehicles
to
the
nearest
adequate weigh scale to determine the gross
weight of such motor vehicle or combination
of attached motor vehicles.
The weight slip
or
slips
shall
be
given
to
the
By-Law
Enforcement Officer and may be retained by
him, and if the gross weight of the motor
vehicle
or
combination
of attached
motor
vehicles is in excess of the maximum gross
weight for the motor vehicle or combination
of
attached
motor
vehicles,
the
By-Law
Enforcement
Officer,
in
addition
to
any
prosecution for contravention of subsection
(43.1) , may require that any load or portion
thereof in excess of maximum gross weight
for
the
motor
vehicle
or
combination
of
attached
motor
vehicles
shall be remov8d
before the motor vehicle or combination of
attached motor vehicles is again taken upon
a highway.
BYLAW 1993-11
Page 9
(43.3) A weight slip given to a By-Law Enforcement
Officer
under
subsection
(43.2)
and
submitted by him in evidence in court shall
be prima facie proof of the authenticity of
the
weight
slip
and
of
the
particulars
thereon submitted in evidence,
and of the
accuracy of the weight scale used.
(43.4) A person driving or in charge or control of
a motor vehicle or combination of attached
motor
vehicles
suspected
by
a
By-Law
Enforcement Officer of being on a highway in
contravention of subsection
(43.1)
shall,
when requested by the By-Law Enforcement
Officer,
produce
for
such
officer's
inspection
any
official
registration
certificate
or
interim
registration
certificate
for
such
motor
vehicle
or
combination of attached motor vehicles that
may have been issued by the Government of
the Province of Alberta.
(43.5) Particulars obtained by a By-Law Enforcement
Officer
from
a
registration
certificate
produced to him under subsection (43.4) and
submitted by him as evidence in court shall
be prima facie proof of the authenticity of
such
certificate
and
of
the
particulars
thereon submitted in evidence.
(43.6) Subject to clause 43 (1), a person may apply
to the By-Law Officer for a permit to allow
on a highway a motor vehicle or combination
of
attached
motor
vehicles
with
a
gross
weight in excess of maximum gross weight for
the
motor
vehicle
for
combination
of
attached motor vehicles.
The By-Law Officer
may grant such a permit for such periods as
he may set out therein or refuse to grant a
permit,
and
from any such refusal there
shall be an appeal to the Council of the
Town.
PART VII
RESTRICTIONS ON DIMENSIONS OF VEHICLES
44.
( 44 .1) Except as otherwise provided in subsection
( 44. 3) ,
or unless he has first obtained a
permit as provided in subsection (44.2), a
person shall not drive or have on a roadway
a motor vehicle or combination of attached
motor vehicles with any dimension,
either
including
or excluding
any load thereon,
greater than the following:
(a)
width
(2.60m)
two
meters
sixty
centimeters
(b)
height from road surface -
four meters
fifteen centimeters (4.15m)
(c)
length (total length of motor vehicle, or
combination of attached motor vehicle)
thirty (30) meters
BYLAW 1993-11
Page 10
(44.2) Notwithstanding the provisions of subsection
( 44 .1)
upon receiving permission from the
By-Law Officer and subject to the owner of
the
motor
vehicle
assuming
the
full
responsibility for damage to his own motor
vehicle,
property or cargo as well as any
damage to underpasses,
bridges,
telephone,
telegraph or power wires or any overhead
structure a person may drive on a public
thoroughfare a motor vehicle which is not
more than four meters fifteen centimeters
(4.15m) in height from the pavement or road.
(44.3) The maximum of two meters sixty centimeters
(2.60m)
referred
to
in
subsection
(44.1)
does not apply to buses,
mobile homes or
house trailers, any of which type of motor
vehicles may have a maximum width not in
excess
of
three
meters
five
centimeters
(3. 05m) and be used on a roadway without a
permit.
( 44. 4) Notwithstanding subsections ( 44 .1) ,
( 44. 2) ,
and (44.3) a person may apply to the Bylaw
Officer for a permit to allow on a public
thoroughfare in the Town, a motor vehicle or
combination of attached motor vehicles with
one
dimension
or
more
in
excess
of
the
maximum dimensions referred to in subsection
(44.1) or (44.3) of this section:
(a)
grant a permit for such purpose and for
such periods as he may set out therein,
(b)
refuse to grant such a permit but the
person applying for the permit may appeal
from such refusal to the Council of the
Town.
PART VIII
OBSTRUCTION TO VISION
45.
(45.1) The restricted area of property located at
the intersection of two highways shall mean
that part of property owned or occupied by a
person which lies within the triangle formed
by measuring from the top of the triangle
.nine
(9)
meters along the prolongation of
the two curb alongside his property to the
base of the triangle.
The top of the triangle shall mean the point
of the intersection of the prolongation of
the two curb lines alongside his property.
(45.2) A person shall not permit any hedge or shrub
in the restricted area, whether such hedge
or shrub was planted prior to or is planted
after the date of the passing of this By
Law, to grow or remain at the height greater
than
ninety
(90)
centimeters
above
the
established elevation of the intersection nf
the
centre
lines
of
the
intersecting
roadways.
BYLAW 1993-11
Page 11
In the case of trees growing in the restricted
area, whether planted before or after the passing
of this By-Law, the owner or occupant shall trim
said
trees in
such a way that no branches or
foliage of said trees shall be at a lesser height
than one meter eighty centimeters (1.8m) above the
established elevation of the intersection of the
centre liens of the intersecting roadways.
(45.3) If
a
person
is
directed
by
a
By-law
Enforcement Officer to trim any hedge, shrub
or tree to the measurements specified in
subsection
(45.2)
and fails to carry out
such direction within seven days of receipt
of such direction, the Town may remove any
such hedge, tree or shrub or trim it to the
required height, and if the cost of such
work is not paid on demand by the owner or
occupant of the property in question,
the
Town may recover the expense of such work,
with
costs
by
action
in
any
court
of
competent jurisdiction,
or may charge the
expense of the work as taxes against such
property.
( 4 5. 4) A person shall not build, place, erect or
allow to continue in existence a fence, wall
or structure other than a building in the
restricted area to a height greater than
ninety
(90)
centimeters
about
the
established elevation of the intersection of
the
centre
lines
of
the
intersecting
roadways.
(45.5) If contrary to the provisions of subsection
(45.4)
any such fence,
wall or structure
other than a building, is erected beyond the
maximum
height
allowed
by
the
said
subsection a By-Law Enforcement Officer may
order the person who built, placed, erected
or who is responsible for the continuing
existence of the fence, wall or other object
or remove the same and if the same is built,
placed,
or
erected
subsequently
to
the
passing
of
this
by-law,
the
person
responsible therefor shall forthwith at his
own expense remove or reduce the height of
the fence, wall, or structure other than a
building,
to
within
the
maximum
height
allowed. by
subsection
(45.4)
and
if
the
person responsible for the same neglects or
refuses
to
reduce
the
height
thereof
or
remove it the Town may proceed to reduce the
height as required and may charge the cost
thereof to the person on whose land the said
fence,
wall
or
structure
other
than
a
building, exists.
(45.6) If a fence, wall or structure other than a
building which contravenes the restriction
contained
in
subsection
45.4
hereof
was
erected prior to the passing of this by-law
then the Town may cause the
same to
be
reduced in height or may remove it at the
sole expense of the Town.
(45.7) No person shall park a motor vehicle in the
restricted area.
BYLAW 1993-11
Page 12
(45.8) No
person
shall
store
lumber
or
other
material in the restricted area to a height
greater than ninety
(90)
centimeters above
t h e
e s t a b lished
e l e v a t i o n
of
the
intersection
of
the
centre
lines
of
the
intersecting roadways.
PART IX
FUEL OIL TANK TRUCK
46.
In this
part
unless
the
context
otherwise
requires:
(46.1) "Fuel Oil" shall mean fuel oil as defined in
Section l (j) of the Fuel Oil Administration
Act, R.S.A. 1980 c.F-21, as amended.
(46.2) "Tank Truck" shall mean a truck designed or
used for the transportation of inflammable
fuel hil.ving a capacity of more than 16, 000
litres.
(46.3) "Inflammable Fuel Truck Route" shall mean
the route as outlined in Schedule "D" to
this by-law;
(46.4) "Streets" shall mean street, avenue, lane or
other public place.
47.
Except as hereinafter provided no person shall
drive, draw or park a tank truck on any street
in the Town of Trochu with the exception of
the fuel oil truck route.
48.
No tank truck shall deliver fuel oil to any
service station or garage within the Town of
Trochu located more than two hundred
(200)
meters from the outer surveyed boundaries of
No. 21 Highway and the Town limits.
49.
No tank truck shall deliver fuel oil to the
site
of
any
bulk
oil
station
or
service
station located more than one hundred
{100)
meters from the fuel oil tank truck route.
50.
No person shall operate a fuel truck with more
than one trailer on the fuel truck route,
between the hours 10: 00 p.m. to 7: 00 a.m.
PART X
POWERS OF BY-LAW ENFORCEMENT OFFICERS
51.
Violation Tags
(51. 1) If a By-law Enforcement Officer forms the
opinion on reasonable and probable grounds
that
a
person
has
committed
an
offence
consisting of a breach of any provision of
this
By-law
listed
in
Schedule
"A.1"
or
Schedule "A. 2" attached hereto and forming
part of this By-law,
then subject to the
provisions
of
Section
53
the
By-lnw
Enforcement
Officer
may
serve
upon
the
person a violation tag in such form as may
be prescribed from time to time by the Town
Council.
BYLAW 1993-1 1
Page 13
( 51. 2) Service of any violation tag under Section
(51.1) shall be sufficient if the violation
tag is:
(a)
personally served;
(b)
served by double registered mail; or
(c)
attached to the vehicle in respect of
which
the
offence
is
alleged
to
have
occurred, in which case the violation tag
need not specify the name of the person
alleged to have committed the offence if
the vehicle is described on the violation
tag by license plate number.
(51.3) A violation tag placed upon or affixed to a
vehicle pursuant to the provisions of this
section
shall
not
be
removed
from
the
vehicle
by
anyone
other
than
a
By-Law
Enforcement
Officer
or
a person
lawfully
entitled to possession of the vehicle.
PART XI - PAYMENTS
52.
REDUCED PENALTIES FOR PROMPT PAYMENT
(52.1) Subject to the provisions of Section (52.2)
upon issuance and service of a violation tag
under Section 50 the amount the Town will
accept as payment for the alleged offence
shall
be
$25.00,
and
upon
payment
to
a
person authorized by the Town Council to
receive such payment there shall be issued
an
official
receipt
therefor
and
such
payment
shall
be
accepted
in
lieu
of
prosecution for the alleged offence.
(52.2) Where payment is tendered with 15 days from
the date of service of any violation tag
issued and served under Section 49 for an
alleged offence listed in Schedule
II A. 111 ,
and "A.211 to a person authorized by the Town
Council to receive such payment, the payment
set out in Section (52.1),
and such reduced payment shall be accepted
in lieu of prosecution.
( 52. 3) Nothing in
this
By-Law shall be read or
construed as: ; ' 1
(a) preventing any person from exercising his
right to defend an allegation that he has
committed an offence listed in Schedules
"A.l", "A.211 or "A.311 ; or
(b) preventing any By-Law Enforcement Officer
from issuing a summons or offence notice
under the Provincial Offenses Procedure
Act or otherwise initiating court process
in
any
manner
permitted
by
law,
in
respect of an alleged offence for which a
violation tag may be issued.
BYLAW 1993-11
Page 14
SPECIFIED PENALTIES
53.
If a summons or offence notice under Part 2 or
Part 3 of the Provincial Offenses Procedure
Act R. S.A. 1980 c. P-21.5 is issued in respect
of an alleged contravention of a provision of
this
By-Law,
the
specified
penalty
payable
upon
conviction
in
a
court
of
competent
jurisdiction shall be:
(a)
the amount set out in Schedule "A.3" in
the case of any offence listed in that
Schedule; or
(b)
$25. 00 for any other offence under this
By-Law.
54.
REMOVAL AND IMPOUNDMENT TO VEHICLES
( 54 .1) If a By-Law Enforcement Officer forms the
opinion on reasonable and probable grounds
that a vehicle is parked in contravention of
any provision of this By-Law,
the By-Law
Enforcement Officer may cause the vehicle to
be
rembved
to
a
place
of
impoundment
designated for that purpose by the Bylaw
Enforcement Officer and the vehicle shall
there remain impounded until it is claimed
by the owner or his agent.
(54.2) When
a
vehicle
is removed
and
impounded
under Section (54.1) the registered owner or
other person alleged to have committed the
parking
offence
shall
be
served
with
a
summons
or
offence
notice
under
the
Provincial Offenses Procedure Act in respect
of
the
alleged
offence,
as
soon
as
pr acticable
a fter
the
removal
and
impoundment of the vehicle.
(54.3) A
vehicle impounded
under
Section
(54.1)
shall remain impounded, notwithstanding that
it may have been claimed by the owner or his
agent, until:
(a) all towing and storage charges in respect
of
removal
and
impoundment
of
the
vehicle,
have been paid in full by the
owner; or
(b) the charge or charges
set
out in the
summons or offence notice referred to in
Section
(54.2)
have
been
fully
and
finally
disposed
of
without
having
resulted
in
a
finding
of guilt
or
a
conviction.
GENERAL
55.
It
is
the
intention
of
Council
that
each
separate provision of this by-law shall be
deemed
to
be
independent
of
all
other
provisions and it is further the intention of
the Council that if any provision of this by
law be declared invalid all other provisions
shall remain valid and enforceable.
BYLAW 1993-11
Page 15
56.
Should a provision of this By-Law conflict
with a provision of any other by-law of the
Town,
the
provisions of
this
By-Law
shall
prevail.
57.
All previous traffic By-Laws together with all
amendments thereto are hereby repealed as of
the effective date of this by-law.
58.
This By-Law shall take effect on the date of
third and final reading by Council .
VANDERKLEY/LING:
First reading.
CARRIED.
ASHCROFT/GAETZ:
Second reading.
CARRIED.
FRERE/LING:
Third and final reading.
CARRIED.
THIS IS A TRUE
OPY.
BYLAW 1993- 11
SCHEDULE "A.111
SECTION
Offence
3
Parking
in
an
alley
other
than
when
specifically permitted.
4
Parking in a loading zone other than when
specifically permitted.
5
Parking
vehicle
or
trailer
used
for
the
conveyance
of
flammable
liquid
or
an
explosive on a roadway or on Town
property, other than as and when
specifically permitted.
6
Parking trailer on a highway for a period
exceeding 24 hours.
7
Parking motor vehicle that is for sale,
or is being repaired or serviced, on a
highway.
8
Parking
on
a
highway
for
a
continuous
period exceeding 72 hours.
9
Parking motor vehicle of a length
than
16
meters,
including
any
attached,
on a highway other than
when specifically permitted.
10 Parking on private property withOUT
consent of the property owner.
greater
trailer
as and
12 Parking on a highway knowing it is about
to be cleared for a parade, road
maintenance, snow removal or street
sweeping.
13 Parking
in
such
manner
as
to
obstruct
emergency exit or posted fire lane.
17 Parking in excess of allowed time posted
on a sign.
20 P a r k i n g
o n
highway
a b u t t i n g
park,
playground, school or church between
hours of 8: 00 o'clock p.m. and 8: 00
o'clock a.m., or on holiday.
BYLAW 1993-11
SCHEDULE "A.2 11
SECTION
Offence
14 Unloading a car carrier on a highway.
24 Towing another vehicle using
cable
or
chain
longer
than
fifty centimeters (3.5 m).
a
tow rope,.
three
meters
27 Blocking an intersection.
30-32
Pedestrian offenses inclusive
33 Attach body or conveyance to motor
vehicle.
34 Parking bicycle on highway
other
than as
specifically permitted.
36 Ride bicycle on sidewalk.
44. 1 Operate over-sized vehicle
or specific permission of
Officer.
without
By-Law
permit
Control
BYLAW 1993-11
SECTION
Offence
SCHEDULE "A.3"
Minimum
Penalty
23
Driving over a fire hose
25
Speeding in a School or
Playground zone
26
Exceeding posted speed
40.00
27
Speeding in alley
40. 00
29.3 Breaking through ranks of
Funeral or Military
(a) & (b) Procession
40.00
40.00
38
Operating Heavy Truck on
street other than heavy truck
Specified
$200.00
or service truck route
200.00
41
Exceed thirty (30) kilometres
per hour while off heavy truck
route
50.00
42
Operating engine brakes
100. 00
43.1 Operating overweight vehicle
other than as and when
specifically permitted
48-49 Fuel oil truck and truck
route violations
50
Operating fuel truck during
restricted hours
200. 00
200. 00
200.00