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BYLAW NO. 2019-988
Page 1 of 23
BYLAW NO. 2019-988
OF THE
TOWN OF TWO HILLS
A BYLAW OF THE TOWN OF TWO HILLS, IN THE PROVINCE OF ALBERTA,
TO REGULATE TRAFFIC
WHEREAS Council may pass a bylaw respecting the safety, health, and welfare of
people and the protection of people and property;
AND WHEREAS Council of the Town of Two Hills deems it necessary to pass a
bylaw to control and manage traffic upon highways within the Town of Two Hills;
NOW THEREFORE the Council of the Town of Two Hills, pursuant to the authority
conferred upon it by the laws of the Province of Alberta, enacts as follows:
1.
INTERPRETATION
a)
This Bylaw may be referred to as the "Traffic Bylaw".
2.
DEFINITIONS
The definitions contained in Section 1 of the Traffic Safety Act of Alberta, and
Section 1 of the Use of Highway and Rules of the Road Regulation of Alberta shall
apply to this Bylaw unless specifically set out herein:
a)
"Chief Administrative Officer" shall mean the Chief Administrative Officer of the
Town of Two Hills or designate;
b)
"commercial loading" or "unloading space" shall mean a space in the vehicle
portion of an alley marked with an authorized Town sign permitting free parking
for commercial vehicles for a period not exceeding 30 minutes for the purpose
of loading or unloading of goods to or from business premises;
c)
"Council" shall mean the Council of the Town of Two Hills;
d)
"curb" shall mean the actual curb, if there is one, and if there is no curb in
existence, shall mean the point of division between the roadway and that part
of highway not intended for vehicular;
BYLAW NO. 2019-988
Page 2 of 23
e)
"curb cut" shall mean a driveway across a sidewalk or curb for vehicular traffic;
f)
"Enforcement Officer" shall include any person appointed as a Peace Officer
or Bylaw Enforcement Officer, any member of the Canadian Corps of
Commissionaires, any member of the Royal Canadian Mounted Police and
any other person designated by Alberta Justice as a Constable and/or Peace
Officer in the Province of Alberta;
g)
"heavy vehicle" shall mean any vehicle with or without load, exceeding any of
the following:
i.
2 axles;
ii.
11 meters in length; or
iii.
a licensed gross vehicle weight of 7,500 kilograms (16,500 pounds);
h)
"highway" shall mean any thoroughfare, street, road, trail, avenue, parkway,
driveway, lane, alley, square, bridge, causeway, or other place or any part of
any of them, whether publicly or privately owned, that the public is ordinarily
entitled or permitted to use for the passage or parking of vehicles and includes
i.
a sidewalk, including a boulevard adjacent to the sidewalk;
ii.
if a ditch lies adjacent to and parallel with the roadway, the ditch; or
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,
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 a highway;
i)
"holiday trailer" shall mean:
i.
a trailer or structure that is designated, constructed, and equipped as
a permanent or temporary dwelling or sleeping place and may be
intended or capable of being loaded on to or carried upon a vehicle or
trailer;
j)
"Land Use Bylaw" shall mean the Town of Two Hills Land Use Bylaw, as may
be amended from time to time;
k)
"lane" shall mean all that portion of a highway used to provide access to lands,
in addition to the access provided by the Street or Avenue in front of such
lands;
l)
"loading or unloading zone" shall mean a space on the roadway marked with
a sign authorized by this Bylaw permitting parking therein for a period of time
not to exceed ten minutes, except where actual loading or unloading is taking
place, in which case the maximum period is one hour;
BYLAW NO. 2019-988
Page 3 of 23
m)
"off-highway vehicle" shall mean an off-highway vehicle as defined in section
117 of the Traffic Safety Act of Alberta, RSA 2000, Chapter T-26 as may be
amended from time to time;
n)
"parade" or "procession" shall mean any group of pedestrians (excepting a
military or funeral procession) numbering more than 50, marching or walking
on a highway or a procession of vehicles on a highway (excepting a military or
funeral procession) numbering 10 or more;
o)
"sign" or "traffic control device" shall mean any sign, signal, marking, or device
placed, marked or erected under the authority of this Bylaw for the purpose of
regulating, warning or guiding as defined in the Traffic Safety Act of Alberta or
the Commercial Vehicle Dimension and Weight Regulation of Alberta, as
amended from time to time;
p)
"time" shall mean either Mountain Standard Time or Mountain Daylight Saving
Time, whichever is proclaimed to be in effect by the Province of Alberta;
q)
"Town" shall mean the Town of Two Hills;
r)
"trailer" shall mean a vehicle which is designated to be attached to or drawn by
a vehicle; and
s)
"vehicle" shall mean a thing designed to legally carry people or cargo on
public roads and highways such as busses, cars, trucks, vans, and
motorcycles not including motorhomes and off-highway vehicles.
3.
SPEED LIMIT GENERAL
a)
Unless otherwise provided for in this Bylaw, the speed limit in the Town shall
be 50 kilometers per hour.
b)
No person shall drive in excess of the posted speed limit.
c)
No person shall drive a vehicle in any lane at a speed in excess of 20
kilometers per hour.
d)
No person shall drive a vehicle in excess of 20 kilometers per hour on any land
which is part of Trailer Parks, Schools, Shopping Centres, Community Centres,
Senior Citizen Lodges, Hospitals, Parks, and Town Owned Recreation
Facilities, unless a lower speed limit is imposed by the respective organization.
BYLAW NO. 2019-988
Page 4 of 23
4.
OPERATION OF VEHICLES, SKATEBOARDS, SCOOTERS AND ROLLER
BLADES ON SIDEWALKS OR PATHS
a)
No person shall operate or park a vehicle or trailer on any sidewalk, or upon
any bicycle path or pedestrian path on any public lands owned by the Town.
Where the signage prohibits the operation of a bicycle, it shall also include
skateboards, scooters and rollerblades.
b)
No person shall operate a bicycle, skateboard, scooter, roller blades or any
other similar device on any sidewalk or area on which the operation of same
is prohibited by signage.
c)
An Enforcement Officer may seize and impound for a period of up to 14 days
any bicycle, skateboard, scooter, roller blades, or any other similar device
which are used or operated in contravention this bylaw.
5.
PROHIBITED STOPPING/PARKING
a)
No person shall stop a vehicle where prohibited from doing so by a sign.
b)
No person shall park a vehicle for any period of time at any of the following
locations:
i.
upon a highway in front of any building under construction or repair,
when such parking will impede or obstruct traffic, unless a permit has
been issued to allow such parking;
ii.
in any place where the vehicle will in any way interfere with the use of
a doorway intended as a fire or emergency exit from any building
abutting the highway;
iii.
in the entranceway to any fire hall, hospital or the ambulance
entranceway;
iv.
at a place or area where a sign indicates that parking there is restricted
to a designated class of vehicle only. Without limiting the generality of
the foregoing, the following classes of vehicles are designated
vehicles:
i.i
police vehicles;
ii.i
municipal enforcement vehicles;
iii.i
funeral cars owned and being operated by a funeral chapel in the
course of performing a funeral;
iv.i
school buses during such time that such buses are being used to
transport students to and from the school, and loading and
unloading of such students.
BYLAW NO. 2019-988
Page 5 of 23
v.
on any portion of a highway marked by a No Parking sign or yellow
curb;
vi.
on any portion of a highway marked by a Fire Lane No Parking sign.
c)
No person shall park in any loading or unloading zone for a period of time
exceeding ten minutes except while actually engaged in loading or unloading,
in which case the maximum period is one hour.
d)
The Chief Administrative Officer is hereby authorized to make provisions and
regulations in times of emergencies, during snow removal or street cleaning
operations, and in areas where construction or repairs are being carried out
upon or near highways, related to the control and regulation of traffic, and
without restricting the generality of the foregoing, may:
i.
designate any highway as one which is closed temporarily in whole or
in part to traffic and shall cause such highways to be so marked;
ii.
designate any area as one which parking privileges are temporarily
suspended and shall cause such area to be so marked;
iii.
cause moveable signs to be placed on or near a roadway designating
parking restrictions; and
iv.
temporarily suspend the existing speed limit and restrict the speed of
vehicles to such speed as may be indicated in a sign placed in such
areas.
e)
No person shall park or drive a vehicle in contravention of any sign or signal
placed in accordance with any such provision or regulation.
f)
No person shall tear down, remove or interfere with any such signs, signals,
barricades, flares or other things placed in accordance with such provisions
and regulations.
g)
No person shall park a vehicle in a lane, unless a sign permits parking, but
lanes may be used for:
i.
the loading or unloading of goods from a commercial vehicle for a
period not exceeding 30 minutes at which time traffic may be blocked
or disrupted; or
ii.
the loading or unloading of goods or passengers from vehicles other
than a commercial vehicle for a period not exceeding 5 minutes,
provided that the vehicle concerned in such loading or unloading of
passengers or goods does not obstruct the alley as to prevent other
vehicles or persons from passing along such lane.
BYLAW NO. 2019-988
Page 6 of 23
h)
No person shall park a vehicle in excess of the time designated and marked
on a sign posted for the purpose of restricting the time for parking a vehicle.
i)
After the issuance of an offence ticket concerning a vehicle for the first violation
of Section 5 and the vehicle remains parked in excess of the time permitted on
the sign for a further period, then a second offence shall be deemed to have
occurred and a further offence ticket may be issued for such offence.
j)
No person shall park a trailer or holiday trailer upon a highway unless it is
attached to a vehicle by which it is carried, drawn or propelled.
k)
No person shall park a trailer or holiday trailer on a highway for any continuous
period in excess of 24 hours strictly for the purposes of loading and unloading.
l)
No person shall park a vehicle on a highway for any continuous period in
excess of 72 hours.
m)
No person shall park a vehicle, trailer or holiday trailer on public or private
property for any continuous period in excess of 72 hours without the express
or implied consent of the owner or person in lawful possession or control of the
property.
n)
Except as required or permitted by this Bylaw, by a traffic control device, or in
compliance with the directions of an Enforcement Officer, or to avoid conflict
with other traffic, a driver shall not stop or park his vehicle:
i.
on a sidewalk or boulevard;
ii.
on a crosswalk;
iii.
within an intersection other than immediately next to the curb in a T
intersection;
iv.
at an intersection nearer than 5 metres to the projection of the lateral
curb line of the highway at right angles to the direction of travel of the
vehicle;
v.
within 5 metres of the approach to a stop sign or yield sign;
vi.
within 5 metres of any fire hydrant, or when the hydrant is not located
at the curb, within 5 metres of the point on the curb nearest the hydrant;
vii.
within 1.5 metres of an access to a garage, private road or driveway,
or a vehicle crossway over a sidewalk;
viii.
within 5 metres of the near side of a marked crosswalk;
BYLAW NO. 2019-988
Page 7 of 23
ix.
alongside or opposite any street excavation or obstruction when the
stopping or parking would obstruct traffic;
x.
at any other place where a traffic control device prohibits stopping or
parking, during the times stopping or parking is so prohibited; and
xi.
on the roadway side of a vehicle parked or stopped at the curb or edge
of the roadway.
6.
PARALLEL/ANGLE PARKING
a)
When parking on a roadway, a driver shall park his vehicle facing the direction
of travel authorized for that portion of the roadway on which the vehicle is
parked, with its sides parallel to and its wheels not more than 500 millimeters
from the curb or edge of the roadway.
b)
Where angle parking is permitted or required, a driver shall park his vehicle
with one front wheel not more than 500 millimeters from the curb or edge of
the roadway and with its sides between and parallel to any two of the visible
parking guidelines, or at an angle of between 30 and 60 degrees to the curb
or edge of the roadway where no parking guidelines are visible.
7.
VEHICLE ON JACK/ABANDONING OF VEHICLE
a)
No person shall leave a vehicle unattended on a highway while it is supported
by a jack or similar device.
b)
No vehicle operator shall drive or park a vehicle, trailer or holiday trailer upon
any highway in such a manner as to block, obstruct, impede or hinder traffic
thereon. Where the obstruction is unavoidable due to mechanical failure, the
operator will not be in breach of this section provided he promptly takes
measures to clear the faulty vehicle from the highway.
8.
EMERGENCY VEHICLES
a)
Nothing in this bylaw prohibits police vehicles, municipal enforcement vehicles,
ambulances, fire trucks, or any other emergency vehicle as well as vehicles
engaged in highway repair, maintenance, or inspection from being parked on
the roadway by their operators in the performance of their duties.
9.
DISABLED PARKING
a)
The owner or operator of a vehicle which is not identified by a disabled persons
placard or license plate that is issued or recognized by the Solicitor General
BYLAW NO. 2019-988
Page 8 of 23
for persons with disabilities shall not stop or park or permit the stopping or
parking of the vehicle in a parking space designated for disabled parking.
b)
Where, pursuant to Section 9, the vehicle is identified by a disabled persons
placard, the owner or operator shall have such placard visibly displayed while
the vehicle is stopped or parked in a parking space designated for Disabled
Parking.
10. PARKING ON TOWN PROPERTY
a)
No person shall operate or park any vehicle upon any land owned by the Town
which includes but is not limited to playground, boulevard, recreation or public
park, or any utility right-of-way, except on such part thereof as the Chief
Administrative Officer may designate by a sign or signs for vehicular use or
parking.
b)
No person except a Town employee to whom a space is assigned, shall park
any vehicle in any parking space upon Town owned property, where such
space has been reserved for a vehicle operated by a Town employee.
c)
Council may, by resolution, designate such Town owned lands as it deems
necessary as Town parking lots in which parking stalls may be rented to
persons.
d)
No person shall park a vehicle on a Town owned parking lot in contravention
of the prohibitions stated on any sign.
e)
No person shall store any vehicle in any Town parking lot without a permit. A
vehicle shall be deemed to be stored when it remains in the parking lot for 36
consecutive hours or longer. Any vehicle so stored may be removed and stored
by the Town and the costs thereof shall be charged to and shall be payable by
the owner, in addition to any fine or penalty imposed in respect to any such
violation.
f)
The Town shall not be liable for any loss or damage caused that may occur to
any personal property, including a vehicle while any vehicle is parked on any
Town parking lot, or upon any Town lands, or as a result of any removal and/or
storage pursuant to Section 30.
11. SPECIAL CLASSES OF VEHICLES
BYLAW NO. 2019-988
Page 9 of 23
a)
No person shall angle park, or load or unload any public service vehicle or
commercial vehicle which exceeds 6 metres in overall length upon any
highway, except at such locations as have been designated by the Chief
Administrative Officer either by a sign or in writing.
b)
No person shall park a school bus, vehicle or a vehicle with a trailer attached
exceeding 6 metres in length, or a truck tractor unit with or without a semi-
trailer or trailer attached, on a highway, in front of, across from or adjacent to
residential property or in driveway.
c)
This section shall not apply to:
i.
a vehicle being parked on a highway while unloading or loading goods
to or from a premises;
ii.
a utility or other trailer being temporarily used for the purpose of
construction, demolition, or landscaping, providing that such utility or
other trailer does not obstruct other users of the highway and is clearly
visible and attended at all times.
d)
No person shall occupy any vehicle, trailer or holiday trailer as a dwelling or
sleeping place at any time while it is parked on a highway.
e)
An operator of a public vehicle or combination of vehicles:
i.
who fails or refuses to stop and permit the vehicle or combination of
vehicles to be inspected by an Enforcement Officer; or
ii.
who fails or refuses, when directed by an Enforcement Officer, to
permit the weighing of a vehicle or combination of vehicles or to stop
the vehicle or combination of vehicles, in a suitable place designated
by an Enforcement Officer pending removal of excess weight;
is guilty of an offence.
12. VEHICLE WITH METAL LUGS
a)
Unless a permit to do so has been issued by the Chief Administrative Officer,
no person shall operate on a highway 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.
13. TRUCK ROUTES
BYLAW NO. 2019-988
Page 10 of 23
a)
Except as provided in Section 11 e), no person shall operate or park, or allow
to operate or park, a heavy vehicle upon a highway other than a highway
specified as a truck route in SCHEDULE A of this Bylaw, and where such
parking is prohibited.
b)
A holiday trailer shall not be deemed to be heavy vehicles.
c)
Section 13 shall not apply when the heavy vehicle is being operated on the
most direct and practicable route between the premises or location concerned
and the nearest truck route:
i.
when delivering or collecting goods or merchandise to or from the
premises of bona fide customers;
ii.
when moving a building for which an over dimension permit has been
issued by the Town;
iii.
when going to or from non-residential premises for the servicing of the
heavy vehicle;
iv.
when pulling a disabled vehicle from a highway prohibited to heavy
vehicles.
d)
Section 13 shall not apply to:
i.
persons driving a public passenger vehicle; or
ii.
persons driving a vehicle that is owned by or under contract to the
Town, including emergency vehicles such as ambulances, fire trucks,
police or enforcement vehicles as well as any public utilities vehicles
including telephone, electrical, natural gas and cable vision system
while such vehicle is actually engaged in work at locations not
designated as a truck route. The onus for establishing that the vehicle
is actually engaged in work for the purposed aforesaid is on the
person operating or in charge of the vehicle and such proof must be
provided upon the demand of an Enforcement Officer.
e)
Persons that have more than one delivery, collection or service in the same area,
shall make all deliveries, collections or services within that area before proceeding
by the most direct and practical route to the nearest truck route.
14. SHIPPER AND CARRIER LIABLE
a)
Where the operation of a public vehicle contravenes any provision of this
Bylaw, the shipper and the carrier are jointly and severally liable for the
contravention unless the shipper or the carrier, as the case may be, proves to
BYLAW NO. 2019-988
Page 11 of 23
the satisfaction of the court that the contravention occurred without his
consent, express or implied.
15. DOCUMENT AS EVIDENCE
a)
Every document purporting to be signed by the Chief Administrative Officer
shall be admitted in evidence as prima facie proof of the facts stated therein
without proof of the signature or official character of the person signing the
certificate.
16. CERTIFICATE UNDER WEIGHTS AND MEASURES ACT (CANADA)
a)
In a prosecution under this Bylaw or any order made under this Bylaw, a
certificate purporting to be issued and signed by an inspector under the
Weights and Measures Act (Canada) and bearing a date not more than one
year either before or after the date of the offence charged, shall be admitted in
evidence as prima facie proof of the facts stated in the certificate without proof
of the signature or official character of the person signing the certificate.
17. BILLS OF LADING AS EVIDENCE
a)
In a prosecution under this Bylaw, the bills of lading produced to an
Enforcement Officer by the operator of a public vehicle, or certified true copies
thereof, shall be admitted in evidence as prima facie proof of the origin and
destination of the trip and description of the load carried, without proof of the
signature or official character of the person signing the bills of lading or
certifying the copies.
18. MISCELLANEOUS
a)
No person shall be entitled to obtain vehicular access to a lot or parcel of land
from any highway at a point not approved by the Chief Administrative Officer
in his sole discretion and subject to such conditions as the Chief Administrative
Officer may impose.
b)
The Chief Administrative Officer may refuse permission to any person applying
for access across a sidewalk or boulevard if, in his discretion, local conditions
do not justify such access.
19. REMOVAL OF SNOW AND OTHER OBSTRUCTIONS
a)
All persons owning, occupying or controlling premises in all areas of the Town
shall remove and clear away all snow, ice, dirt, and other obstructions from the
sidewalk in any highway adjoining such premises within 48 hours of the time
that such snow, ice, dirt, or other obstruction was deposited thereon.
BYLAW NO. 2019-988
Page 12 of 23
b)
The Town may, after the termination of the 48 hours aforesaid, remove and
clear away all snow, ice, dirt, and other obstruction.
c)
The owner, occupant, or person controlling the premises shall make payment
on demand to the Town of all costs of removal of snow, ice, dirt and any other
obstruction required to be removed by Section 19(b).
d)
No person shall place, or cause to be placed or displaced, upon any roadway
any snow, ice, dirt or other obstruction.
e)
Any person who contravenes Section 19(d) shall remove any such snow, ice,
dirt, or obstruction from the roadway within 24 hours, or earlier if deemed
necessary by the Chief Administrative Officer or Enforcement Officer.
f)
The Town may after the expiry of the 24 hours, or any other time deemed
necessary, remove and clear away the snow, ice, dirt, or obstruction required
to be removed by Section 19(d).
g)
The person who has placed, displaced, caused or allowed to be placed the
snow, ice, dirt, or obstruction contrary to Section 19 (d), shall pay to the Town
on demand all costs of removal.
h)
No employee of the Town shall be liable for contravention of Section 19(a) or
(d) when acting in the performance of his duties.
i)
Notwithstanding anything contained in this Bylaw, any person may place, or
cause to be placed upon any roadway any snow or ice:
i.
if there is no space between the sidewalk and places of residence or
business, or
ii.
if the property has a retaining wall along the sidewalk, or
iii.
if there is an existing snow windrow.
j) if there is a retaining wall
20. PARADES AND PROCESSIONS
a)
No person or organization shall hold, organize, or take part in any parade or
procession or organized foot race on a highway unless permission has first
BYLAW NO. 2019-988
Page 13 of 23
been obtained for such parade, procession or foot race from the Chief
Administrative Officer.
b)
Every member of a parade, procession, or organized foot race and the
organization and leaders thereof shall be guilty of an offence for each and
every violation of Section 20.
c)
Any person desiring to hold a parade, procession, or organized foot race within
the Town shall, not less than 4 weeks prior to the time they desire to hold the
same, make application to the Chief Administrative Officer in writing, and in
such application shall furnish to the Chief Administrative Officer information
with respect to the following, namely:
i.
the contact information of the applicant and, if such applicant is an
organization, the names, addresses and occupations of the executive
thereof;
ii.
the nature and object of such parade, procession or foot race;
iii.
the day, date, and hours during which same will be held;
iv.
objects thrown from parade floats or moving vehicles;
v.
design of the intended route thereof; and
vi.
names, contact information, and signatures of the person who will be
in control of such parade, procession, or organized foot race and who
undertakes to be responsible for the good order and conduct thereof.
d)
No parade or procession shall move at a slower speed than 5 kilometers per
hour, or obstruct any highway for a longer period than is reasonably necessary.
e)
Notwithstanding anything contained in this Bylaw, any vehicle in a funeral
procession, except the lead vehicle, may, during daylight hours enter an
intersection without stopping if:
i.
the four way flashers (hazard lights) of the vehicle are alight;
ii.
the vehicle is traveling immediately behind the vehicle in front of it so
as to form a continuous line of traffic; and
iii.
the passage into the intersection can be made in safety.
f)
The Chief Administrative Officer may direct the temporary closure of highways,
parking lots, or any other Town property during parades, processions, foot
races or any other public event where, in the sole discretion of the Chief
Administrative Officer, such temporary closure is desirable for the public
safety.
BYLAW NO. 2019-988
Page 14 of 23
g)
After receiving permission, the parade organizer shall notify the Royal
Canadian Mounted Police, Two Hills Fire Department and Ambulance so that
all necessary arrangements may be made by them for the proper policing of
the highway during such parade, procession, or foot race.
h)
If the Chief Administrative Officer refuses to permit a Parade Permit, the
applicants therefore may make further application to Council which may, by
resolution, direct permission subject to the provisions of this Bylaw, and such
other conditions as it deems necessary.
21. ANIMAL TRAFFIC
a)
No person shall permit any livestock, horse drawn vehicle or sleigh to stand or
be upon any highway whether attended or unattended, so as to obstruct traffic
thereon unless a permit has first been obtained, for such, from the Chief
Administrative Officer.
b)
No person shall lead, ride, or drive a horse or other livestock on any Town
property other than on Town roadways, except as provided in other Town
bylaws unless permission has first been obtained by the Chief Administrative
Officer.
22. ROADWAY/HIGHWAY REPAIRS
a)
No person shall damage any roadway or highway or remove any earth, gravel,
concrete, pavement, or other roadway or highway appurtenance or make any
excavation within or under any roadway or highway within the Town without
having first obtained a permit from the Chief Administrative Officer.
23. OBSTRUCTIONS
a)
No person shall or allow to be placed, at any location in the Town, a light, sign,
or any object that emits or reflects light in such manner so as to distract, or
interfere with the vision of, persons operating vehicles on any highway.
b)
No person operating premises for the sale of new or used vehicles or for
washing vehicles shall permit or allow water, mud, or any material washed from
a vehicle to flow or be deposited upon a sidewalk or highway.
c)
No person shall load or unload goods or merchandise across a sidewalk or
boulevard where loading and unloading facilities have been provided
elsewhere on the premises.
BYLAW NO. 2019-988
Page 15 of 23
d)
No person shall place any goods, wares, merchandise or other articles of any
kind upon a highway or shall expose any goods, wares, or merchandise, or
other articles outside any shop, warehouse or building which shall project over
any part of the highway unless permission for such use is first obtained from
the Town, but the provisions of this section does not prohibit the moderate use
of a portion of a sidewalk for a reasonable time during the taking in, or
delivering of, goods, wares, or merchandise.
e)
No person shall place an electrical cord across any town boulevard, sidewalk
or highway.
f)
No person shall build any fence, house, building, or structure of any kind, or
part thereof, over the property line of any highway, or shall obstruct in any way
the highways except as specifically permitted for in this Bylaw or except in
accordance with any contract that may be entered into between the Town and
that person.
g)
No person shall place, pile or store any material or equipment on Town
property without first applying for and obtaining permission for such purpose
from the Chief Administrative Officer.
h)
No person shall drain the radiator or any other fluid of a vehicle so that the
contents thereof fall upon or flow to any sidewalk and/or highway.
i)
Any person placing or causing to be placed, any dirt, gravel, concrete or any
such obstruction on Town property without permission shall remove or cause
the removal thereof as soon as reasonably possible and no later than 24 hours
or lesser time as specified by the Chief Administrative Officer. After 24 hours
or such lesser time as specified by the Chief Administrative Officer, the Town
may remove the obstruction, perform all necessary repairs and charge the
costs thereof to the person causing the obstruction.
24. PLACEMENT OF SALT ON SIDEWALKS
a)
No person shall sprinkle, spread, or place any salt on a public sidewalk, or on
a public roadway, unless it is non-toxic, biodegradable and has a corrosion
index lower than distilled water, or unless with the permission, or under the
direction, of the Chief Administrative Officer.
25. ENCROACHMENT/TREES
BYLAW NO. 2019-988
Page 16 of 23
a)
An owner of private property shall ensure that trees or shrubs growing on his
property shall be properly trimmed and shall not have any branches projecting
over a sidewalk area at an elevation of less than 225 cm (7.5 ft.) or over a
roadway or alley at an elevation of less than 412 cm (13.5 ft.).
26. OFF-HIGHWAY VEHICLES
a)
Any person may operate an off-highway vehicle on highways or lands owned
by the Town as long as the most direct, practicable and shortest route is taken
between the premises and the intended location.
b)
Off-highway vehicles shall not be operated in a manner that unduly disturbs
residents in a residential area.
27. DANGEROUS GOODS
a)
No person shall dump, spill, allow, or permit the dumping or spilling of any
dangerous goods for which placards are required by the Dangerous Goods
Transportation and Handling Act and regulations made thereon or any similar
legislation on any Town lands or highway.
28. ADDITIONAL AUTHORITY OF THE CHIEF ADMINISTRATIVE OFFICER
a)
The Chief Administrative Officer is hereby authorized to designate:
i.
any highway for through traffic purposes;
ii.
the location of cross-walks upon highways;
iii.
any intersection, highway, or place on a highway, including a place
where a railway right-of-way crosses a highway, as a place where U-
turns are prohibited;
iv.
any highway as one which is closed temporarily in whole or in part to
traffic;
v.
any areas as one in which parking privileges are temporarily
suspended;
vi.
any highway as one to be divided into traffic lanes of such number as
the Chief Administrative Officer considers proper;
vii.
the location of school zones and playground zones;
viii.
any boulevard upon which parking is permitted;
ix.
loading or unloading zones;
x.
the distance from any intersection within which no parking is permitted;
xi.
portions of highways where parking is limited to a period of time;
xii.
portions of highway where stopping is prohibited entirely, or for a
specified period of time;
BYLAW NO. 2019-988
Page 17 of 23
xiii.
Town employee parking areas wherein only parking for employees is
allowed;
xiv.
areas for angle parking and parallel parking;
xv.
parking spaces upon a highway for the use of any taxi cab business
holding a valid and subsisting taxi cab license issued by the Town, as
a taxi stand;
xvi.
parking spaces designated for Disabled Parking.
b)
The Chief Administrative Officer shall have a record of the locations of all
erected signs to be kept, which shall be open to public inspection during the
hours that Town Administration is open for business.
c)
The Chief Administrative Officer may:
i.
prohibit or restrict the movement of vehicles from a private driveway
onto a highway or from a highway onto a private driveway when the
Chief Administrative Officer considers such prohibition or restriction is
in the public interest and the better regulation of traffic;
ii.
engage members of the Canadian Corps of Commissionaires to issue
and place on vehicles parked in contravention of the Traffic Safety Act,
and amendments thereto or this Bylaw, the offence ticket in the form
approved, from time to time, by the Chief Enforcement Officer of the
Town;
iii.
specify the types of vehicles which are prohibited from parking on any
Town owned parking lot;
iv.
approve the form and content of all signs and traffic control devices
utilized by the Town and by the owners of private land regulated under
the provisions of this Bylaw.
29. PENALTIES AND POWERS OF AN ENFORCEMENT OFFICERS
a)
An Enforcement Officer is hereby authorized to remove or cause to be
removed any vehicle or trailer:
i.
operated or parked in contravention of any provision of this Bylaw; or
ii.
where emergency conditions may require such removal from a
highway.
b)
Such vehicle may be removed to a place designated by the Chief
Administrative Officer, where it will remain until claimed by the owner thereof
or his agent.
BYLAW NO. 2019-988
Page 18 of 23
c)
No impounded vehicle shall be released to its owner or his agent until the
impounding charge and removal charge on the vehicle have been paid, such
charges shall be in addition to any fine or penalty imposed in respect of any
such violation, or to any payment made in lieu of prosecution as hereinafter
provided. The Town is not responsible for impounding, towing or removal
charges.
d)
Notwithstanding anything herein contained, in conjunction with snow removal,
street cleaning or road repair operations carried on by the Town employees or
contractors, the Town may tow or remove vehicles from the street being
cleaned, cleared or repaired and, without impounding them, may remove them
to an adjacent street. Payment of any removal charge in addition to any fine or
penalty imposed in respect of such violation shall be made on demand to the
Town.
30. PROSECUTION OF OFFENCES
a)
Any person who contravenes any provisions or requirements of this Bylaw is
guilty of an offence and is liable for and subject to the penalties herein
provided.
b)
The penalties specified in SCHEDULE "B" hereafter are hereby established for
contravention of the sections of this Bylaw.
c)
Where an Enforcement Officer has reasonable grounds that a person has
contravened any provision of this Bylaw, they may serve upon such person an
offence ticket allowing the payment of the specified penalty listed in
SCHEDULE "B" annexed hereto and made part of this Bylaw, to the Town
which shall be accepted by the Town in lieu of prosecution for the offence.
d)
Service of an offence ticket shall be sufficient if it is:
i.
personally served; or
ii.
attached to the vehicle in respect of which an offence is alleged to have
been committed; or
iii.
if mailed to the address of the registered owner of the vehicle or to the
person in possession of the said vehicle.
31. RECOVERY OF COSTS
a)
The Chief Administrative Officer may require any person concerned to comply
with and remedy a breach of the provisions of this bylaw. If a person fails to
comply with such notice, the Chief Administrative Officer may direct employees
BYLAW NO. 2019-988
Page 19 of 23
or agents of the Town to carry out the work and to enter upon private property,
if necessary, for such purpose.
b)
All costs incurred by the Town to remedy such default shall be paid on demand
to the Town by the person in default.
32. TRANSITIONAL PROVISIONS
Should any provision of this Bylaw be found void or unenforceable, then it is the express
intention of Council that such void or unenforceable sections be severed from this
Bylaw and the balance remain in full force and effect.
33. REPEAL OF OLD BYLAWS
a)
That Bylaw 2010-889, and any amendments thereafter, is hereby repealed.
34. DATE OF EFFECT
a)
This Bylaw shall take effect on the final passing thereof by Council.
READ a first time this 26th day of February, 2019.
READ a second time this 22nd day of February, 2019.
READ a third time and final reading, this 25th day of March, 2019.
TOWN OF TWO HILLS
LEONARD EWANISHAN
MAYOR
SHEILA LUPUL
ACTING
CHIEF
ADMINISTRATIVE
OFFICER
BYLAW NO. 2019-988
Page 20 of 23
SCHEDULE "A"
TRUCK ROUTES
Permitted Truck Routes include all roadways contained within the Town map described
below:
BYLAW NO. 2019-988
Page 21 of 23
SCHEDULE "B"
SECTION
OFFENCE
PENALTY
SIDEWALKS-BICYCLE PATHS
Section 4
Operate a vehicle upon a sidewalk, trail, or path
...................60.00
Bicycles or skateboards on sidewalk where prohibited...................60.00
PARKING
Section 5
Stopping where prohibited
...................60.00
Park in construction area
...................60.00
Park to obstruct Emergency door
.................100.00
Park in entrance, fire hall or hospital
.................100.00
Park in area for designated vehicles
...................60.00
Parking in area signed NO PARKING
...................60.00
Parking in a fire lane
.................100.00
Park in loading or unloading zone for a period of time ...................60.00
Driving a vehicle contrary to Road Sign
...................60.00
Interfering with Road Repair Sign
.................200.00
No Parking - street cleaning, snow removal
...................60.00
Parking in a lane
...................60.00
Parking longer than designated time
.........150.00 (1st offence)
.........300.00 (2nd and subsequent offence)
Parking unattached holiday trailer on highway
.................200.00
Stopping or Parking:
...................60.00
a) on a sidewalk or boulevard
b) on a crosswalk
c) within an intersection
d) at an intersection nearer than 5 metres to a curb
e) within 5 metres from a stop sign
f) within 5 meters from any fire hydrant
g) within 1.5 metres of access to any garage, private road
or vehicle access over sidewalk
h) within 5 metres of a crosswalk
i) stopping or parking so as to obstruct traffic
j) where prohibited by a traffic control device
k) beside a parked vehicle
PARALLEL/ANGLE PARKING
Section 6
Parallel Angle Parking
...................60.00
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SECTION
OFFENCE
PENALTY
VEHICLE ON JACK/ABANDONING OF VEHICLE
Section 7
Vehicle on a jack
.................100.00
Abandoning of vehicle on highway
.................200.00
Park so as to obstruct traffic
.................200.00
DISABLED PARKING
Section 9
Parking in disabled space .........150.00 (1st offence)
.........300.00 (2nd and subsequent offence)
PARKING ON TOWN PROPERTY
Section 10
Park or operate vehicle - Town owned land
...................60.00
Park in Employee stall
...................60.00
Park contrary to signs - Town parking lot
...................60.00
Parking prohibited in Town lot in excess of 36 hours
...................60.00
Angle park vehicle exceeding 6 metres
...................60.00
Park vehicle over 6 metres - residential district
.................100.00
Residing in holiday trailer
.................100.00
SPECIAL CLASSES OF VEHICLES
Section 11
Angle park vehicle exceeding 6 metres
...................60.00
Park vehicle over 6 metres in residential district
.................100.00
Residing in holiday trailer
.................100.00
Refusing to stop for an Enforcement Officer
.................200.00
Refusal to permit weighing of vehicle
.................200.00
VEHICLE WITH METAL LUGS
Section 12
Vehicle with metal lugs without permit
.................200.00
TRUCK ROUTES
Section 13
Heavy vehicle operation off truck routes
.................200.00
MISCELLANEOUS
Section 18
Vehicular access on sidewalk or boulevard
...................100.00
REMOVAL OF SNOW AND OTHER OBSTRUCTIONS
Section 19 Placing obstructions and snow on roadway
.................200.00
Failure to clean sidewalks
.................100.00
BYLAW NO. 2019-988
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PARADES AND PROCESSIONS
Section 20 Unauthorized parade, procession, or foot race on highway ..........60.00
ANIMAL TRAFFIC
Section 21 Allowing livestock to obstruct traffic
.................200.00
ROADWAY/HIGHWAY REPAIRS
Section 22 Damaging roadway
.................200.00
OBSTRUCTIONS
Section 23 Distraction by light or object
...................60.00
Washing vehicles - drainage to sidewalk/highway
...................60.00
Unloading across sidewalk
...................60.00
Placing goods on highway
...................60.00
Encroachment or obstruction on highway
...................60.00
Storing material on Town property without permit
.................200.00
Draining radiator on roadway
.................500.00
Placement of obstruction
...................60.00
PLACEMENT OF SALT ON SIDEWALK
Section 24 Placing toxic, non-biodegradable, high corrosion salt on sidewalk
...................60.00
ENCROACHMENT/TREES
Section 25 Failing to trim overhanging shrubs
...................60.00
DANGEROUS GOODS
Section 27 Dumping dangerous goods on highway
..............1,000.00
SECTION NOT SPECIFIED
Any other section to which a fine has not been specified
...........60.00 (1st offence)
........120.00 (2nd or subsequent offence)