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DISTRICT OF BARRIERE
TRAFFIC AND ROAD SAFETY BYLAW NO. 226
A Bylaw for the Regulation of Traffic within the District of Barriere.
Council of the District of Barriere, in open meeting assembled, enacts as follows:
1.1 This Bylaw may be cited for all purposes as "District of Barriere Traffic and Road
Safety Bylaw No. 226".
1.2 District of Barriere Traffic Bylaw No. 0029, 2008 as amended is hereby repealed.
2. INTERPRETATION
2.1 In this Bylaw:
"Bylaw enforcement officer" means a person appointed by the District to enforce the
bylaws of the District;
"Boulevard" means that portion of a street between the curb lines or the lateral lines of a
roadway and the adjoining property line, excluding a sidewalk;
"Chief Administrative Officer" or "CAO" means the person responsible for the overall
management of the municipality under Section 147 of the Community Charter.
"Commercial vehicle" includes:
(a) any motor vehicle
i.
having a gross vehicle weight over 5500 kg;
ii. bearing a commercial licence plate;
iii. having permanently attached to it a Truck or delivery body;
iv. having an engine valve retardant braking system installed or employed in
addition to the standard braking systems;
(b) a casket wagon, limousine, hearse, motor bus, tow vehicle, road building machine,
taxi, and a tractor;
(c) any combination of truck, truck tractor, semi-trailer and trailer; and
(d) other Vehicles as specified by regulation of the Lieutenant Governor in Council
pursuant to the Commercial Transport Act.
"Corporate Officer" means the person responsible for corporate administration as set out
under Section 148 of the Community Charter,
"Cycle" means a device having any number of wheels that is propelled by human power and
on which a person may ride and includes a motor assisted cycle, but does not include a
skateboard, roller skates or inline roller skates.
"Cycle Lane" means a portion of highway designated for cycles and identified by a sign or
marking.
"Council" means Council for the District.
"District" means the District of Barriere.
"Fire Chief" means the person holding that position for the District or his/her Deputy.
"Highway" includes a street, road, lane, sidewalk, boulevard, bridge, viaduct and any other
way open to public use, other than a private right of way on private property.
"Intersection" means the area embraced within the prolongation or connection of the lateral
curb lines, or if none, then the lateral boundary lines of the roadways of the 2 highways that
join one another at or approximately at right angles, or the area within which vehicles
travelling on different highways joining at any other angle may come in conflict, but does not
include a lane or way less than 5 metres in width separating the rear property lines of
parcels of land fronting on highways running more or less parallel to and on each side of the
lane or way.
"Owner", with respect to a vehicle, means the person who holds the legal title to the vehicle,
a person who is a conditional purchaser, a lessee or a mortgagor, and is entitled to be and
is in possession of the vehicle, or the person in whose name the vehicle is registered.
"Permit", when the word appears in upper case, means a Permit issued under this Bylaw.
"Person with Disabilities" means a person whose mobility is limited as a result of a
permanent or temporary disability that makes it difficult or impossible to walk.
"Police Constable/Officer/Commander" means an Officer of the Royal Canadian Mounted
Police (RCMP).
"Public Works Manager" means the person holding the position of Public Works Manager
for the District.
"Regulated Motorized Personal Mobility Device" means a personal mobility device
(a)that is designed
(i)to be solely self-propelled or self-propelled with the capability to be propelled
by human power, and
(ii)subject to exceptions prescribed under section 210 (3.2) of the Motor Vehicle
Act, to transport one person, and
(b)that meets other criteria prescribed under section 210 (3.2) of the Motor Vehicle Act
but does not include a motor assisted cycle;
"Seasonal ban route" means a route that has been identified to be in effect during snow
removal season (November to March) (designated area map attached).
"Street event" means any parade, festival, demonstration, sports or athletic occasion,
performance, film shoot, block party or neighbourhood gathering, or similar other event,
whether public or private, that is held or takes place, in whole or in part, on any part of a
highway, park or other public place within the District that may interfere with normal traffic
flow; but does not include a funeral procession.
"Traffic control device" means a sign, signal, painted line, meter, marking, space, cone
barricade, barrier or any other device, erected or placed under the authority of the Motor
Vehicle Act or the District for the purpose of warning, guiding, regulating, directing, stopping
or parking traffic.
2.2 Except as otherwise defined in this Bylaw, words and phrases in this Bylaw are to be
construed in accordance with their meanings under the Community Charter, Local
Government Act, Motor Vehicle Act and Interpretation Act, as the context and
circumstances require. A reference to a statute in this Bylaw refers to a statute of
British Columbia unless otherwise indicated, and a reference to any statute, regulation,
code or bylaw refers to that enactment as it may be amended or replaced from time to
time.
2.3 Words in the singular include the plural and gender specific terms include any gender
and include corporations. The headings in this Bylaw are for convenience only and must
not be construed as defining or in any way limiting the scope or intent of this Bylaw.
2.4 If any portion of this Bylaw is held to be invalid by a court of competent jurisdiction, the
invalid portion is severed, and the remainder continues to be valid. In the event of
inconsistency between this Bylaw and a Provincial enactment, the more restrictive law
prevails.
3. BYLAW APPLICATION AND EXEMPTIONS
3.1 Except as otherwise indicated, this Bylaw applies to all traffic and other uses of
highways within the District.
3.2 This Bylaw does not apply to:
(a) Provincial arterial highways;
(b) provided that the operator has due regard for safety, having regard to all
circumstances and any applicable regulations under the Motor Vehicle Act:
(i)
the operator of a vehicle or other equipment while lawfully engaged in
highway or public utility construction, maintenance or repair or accident
rescue work on, over, under or adjacent to a highway;
(ii)
the driver of an emergency vehicle while responding to an emergency call or
incident;
(iii)
a police constable in immediate pursuit of an actual or suspected violator of
law or otherwise engaged in a policing duty that would be unduly hampered
by a provision of this Bylaw;
(iv)
a person with a physical disability operating a manual wheelchair or other
regulated motorized personal mobility device for its intended use;
(c) the stopping, standing or parking of a vehicle that is:
(i)
owned, leased or used pursuant to an agreement with the District, the
Thompson Nicola Regional District, or the government of British Columbia or
Canada;
(ii)
owned or leased by a public utility for the purposes of the public utility;
(iii)
used as a tow vehicle for the authorized business purpose of its owner or
operator under a license issued by the District;
(iv)
an armoured vehicle while picking up or delivering cash and other securities,
using warning flags, lights or cones as necessary;
3.3 Sections 5, 6 & 7 of this Bylaw do not apply to the District or its Officials,
employees, servants or agents in carrying out a function or purpose of the District.
3.4 Except as otherwise provided, a person riding a cycle or an animal, or driving an animal-
driven vehicle upon a highway, has the same obligations under this Bylaw as a driver of
a motor vehicle.
4. GENERAL REGULATIONS
4.1 Every person must use the highways in accordance with this Bylaw, and without limiting
the duty to comply with other provisions of this Bylaw, the Motor Vehicle Act, and other
applicable enactments, every person must:
(a) use highways with due care and attention and reasonable consideration for other
persons;
(b) obey the instructions of a traffic control device placed by or on behalf of the District
or another local, provincial or federal government, unless otherwise directed by a
police constable, firefighter or bylaw enforcement officer;
(c) comply with the directions given by a police constable, firefighter, traffic control person
or bylaw enforcement officer acting in the course of their duty; and
(d) comply with the terms, conditions, restrictions and requirements of any Permit or order
issued under this Bylaw;
4.2 A person must not:
(a) cause a nuisance on, foul or damage any highway;
(b) throw, or cause or allow to fall, place or remain on any part of a highway:
i.
litter, garbage, rubbish, animal droppings or carcasses, other waste or
flammable materials;
ii.
trees, branches, stumps, logs, leaves, lawn or garden clippings, agricultural
waste or other vegetable matter;
iii.
any earth, gravel, sand, snow or ice;
iv.
discarded or abandoned paper, plastic, glass, electronics, appliances or
furniture;
(c) deposit, or cause or allow the accumulation of litter, garbage, rubbish, or other
discarded waste or materials or object on a sidewalk or gutter adjacent to, or that
could be affected by, a parcel or premises of which the person is an owner or
occupant;
(d) deposit, or cause or allow to escape or remain substances such as fuels, oils, gas, or
noxious liquids, solids or effluvia onto a highway or into a gutter, ditch, or storm drain
system within, affixed or adjacent to or near any part of a highway;
(e) drive or operate a vehicle or combination of vehicles without securing any load being
carried in a manner that effectively prevents any part of the load slipping or falling
onto the highway and that otherwise complies with applicable requirements of the
Motor Vehicle Act and regulations;
(f) while on a highway, interfere or fail to comply with the directions of a police constable,
traffic control person, bylaw enforcement officer or firefighter acting in the course of
their duties;
(g) drag or skid anything along or over a highway;
(h) remove, discard, obscure, alter or otherwise interfere with a notice placed on or
affixed to a vehicle by a person authorized to enforce this Bylaw, unless the person
is the owner or operator of that vehicle.
(i) drive or walk on or over a newly painted road line or marking, nor remove or alter
any traffic control device.
4.3 A person responsible for removing a damaged or wrecked vehicle from the scene of a
collision on a highway must remove from the highway all glass, metal, rubber or other
debris resulting from the accident and dispose of all such debris in accordance with law.
4.4 A person must not make any repairs to a vehicle while it is on a highway except as
necessary for the removal of the vehicle.
4.5 A person must avoid the use Engine Brakes within the District limits.
5. PERMIT REQUIRED
5.1 Except as specifically authorized, directed or permitted by Council, the Public Works
Manager, or a government minister or agency, a person must not:
(a) excavate, alter, mark, build on or otherwise modify any highway;
(b) obstruct or damage any part of a highway;
(c) install, widen, repair, upgrade, remove or relocate a ditch, drain, culvert, sewer or
other utility on, under or adjacent to any highway, or stop the ordinary flow of water
through a drain, ditch, sewer or culvert on, under or adjacent to any highway;
(d) construct an access road to and from a highway, or install a cattle guard, gate or
fence across a highway;
(e) construct a crossing over any part of a highway, curb or ditch;
(f) develop, alter, excavate, plant trees, or build on real property or premises adjacent to
a highway so as to encroach on a highway or obstruct traffic or sight lines;
(g) obstruct, cover, alter, replace, damage, interfere with or remove any street lighting,
or traffic control device;
(h) establish, place, maintain or display a sign, signal, marker, or other device that
purports to be, resembles or interferes with the effectiveness of a traffic control
device;
(i) deposit or leave rocks, earth, gravel or other things or materials on a highway;
(j) alter or remove any fence or guardrail, or cut, prune, top or remove any trees,
hedges, shrubs or other plantings from a boulevard, road allowance, park or other
public place;
(k) carry goods or persons over a highway by means that, in conjunction with the nature
or existing conditions of the highway is so extraordinary in the quality or quantity of
the goods or the number of persons carried, or in the mode or time of use, or in the
speed at which the vehicle or other mode of carriage is driven or operated, as to
substantially alter or increase the burden imposed on the highway through its proper
use by ordinary traffic, or cause damage and expense to the highway beyond what is
ordinary or reasonable;
(l) hold or participate in a Street Event or other activity that is likely to or does delay,
obstruct or interfere with the ordinary passage of vehicles, equestrians and
pedestrians on or along a highway or within a park or other public place;
(m) erect or maintain a sign, guidepost or other similar device, whether temporary,
portable or permanent, on or over a highway, except as set out in s. 5.2;
(n) engage in any sales, advertisement, or other commercial activities on any portion of
a highway;
(o) while on a highway, make noise other than what is necessary for safe riding, driving
or operating a vehicle, or allow sound from a radio, electronic player, instrument,
megaphone or other amplification or sound device to be emitted from a vehicle, that
is so loud as to be readily heard from beyond the roadway;
(p) park or store a Commercial Vehicle in a residential zone without a valid
Commercial Vehicle Parking permit, unless the vehicle is temporarily parked and
persons are engaged in the moving, loading, or unloading of furniture or other
personal property of a resident within that zoning district;
(q) drive or operate a vehicle on a sidewalk, boulevard, trail or within a park; or
(r) fail to comply with the terms, conditions, restrictions or requirements of a Permit.
5.2 During the period of a federal, provincial or local government election, candidate signage
within the District boundaries may be placed on District boulevards subject to applicable
legislation and the following requirements:
(a) no sign shall be larger than 0.6 meters squared;
(b) no sign shall be located within 10 metres of an intersection or lane;
(c) every sign must be effectively secured so as to avoid obstructing traffic, sight lines,
injury to persons or damage to property; and
(d) the person responsible for the signs must ensure all signs are safely removed within
3 days following the general voting day of the election.
6. PARKING RESTRICTIONS
6.1 Except when necessary to avoid conflict with traffic; to comply with the directions of a
police constable, firefighter, bylaw enforcement officer or traffic control device; or as
permitted under this or another bylaw of the District; a person must not stop, stand or
park a vehicle:
(a) within any crosswalk or highway intersection;
(b) within 5 metres of any fire hydrant;
(c) in front of or within 1.5 metres of any lane or private driveway;
(d) so as to obstruct or prevent access to or from a driveway, lane, or right of way or
other access to an adjoining parcel of land;
(e) alongside or opposite any street excavation or obstruction when standing or parking
obstructs traffic;
(f) on a sidewalk, crosswalk or pedestrian walkway;
(g) on any collector road boulevard (i.e. Barriere Town Road, Barriere Lakes Road) for
more than 48 consecutive hours;
(h) within 6 meters of a pedestrian crosswalk or highway intersection;
(i) on the roadway side of any vehicle stopped or parked at the edge or curb of a
highway;
(j) on the paved portion of any roadway without curbs, when the paved portion is 6.1
metres or less in width;
(k) on any driveway, lane or other entrance or access to real property or premises for
longer than is necessary for the expeditious loading or unloading of passengers,
property or materials;
(l) on either side of the highway in front of the driveway entrance to any fire hall for a
distance of 15 metres on both sides from the center of that driveway;
(m) on any school day, between 8:00 a.m. and 5:00 p.m., on the side and portion of any
highway upon which any school or school property abuts;
(n) on any bridge;
(o) on any portion of highway that is indicated by traffic sign as being reserved for a
class of vehicle, other than for stopping, standing or parking a vehicle that is clearly
within that class;
(p) on any portion of a highway that is marked or indicated by another traffic control
device as a bicycle lane; or
(q) on any portion of a highway where any traffic sign or other traffic control device
indicates that stopping, standing or parking the vehicle is prohibited or restricted;
(r) on any portion of a highway for a longer period of time than that indicated on any
traffic sign or other traffic control device applicable to that portion of the highway;
(s) on any highway if the vehicle:
i.
is not displaying a valid license plate;
ii. is not in a safe, drivable condition;
iii. is not insured, as evidenced by the display of a valid insurance decal;
iv. is displayed for sale.
(t) on any highway that impedes snow removal.
6.2 Except where a traffic control device provides for angle parking, or as authorized under a
Permit or by the Province, a person must not stop, stand or park a vehicle on a roadway
other than on the right side of the roadway and with the right-hand wheels parallel to that
side, and where there is a curb, within 30 cm (one foot) of the curb.
6.3 Where angle parking is provided or allowed, the driver of a vehicle must park in
accordance with the traffic control device, Permit or other authority, and as close to the
curb as practicable.
6.4 The following organizations are designated under Division 38.02 of the Motor Vehicle
Act Regulations and may accept applications for, and may issue or cancel disability
parking permits pursuant to Division 38 of those Regulations:
(a) the Kamloops and District Society for People in Motion (PIM); and
(b) the Social Planning and Research Council of British Columbia (SPARC BC);
and in addition to the matters relating to the issuance and cancellation of disability parking
permits under Division 38, additionally, may establish:
(c) criteria for issuing a disability parking permit;
(d) the form of application for the permit;
(e) information to be submitted on or with an application for the permit; and
(f) duration of and substitution for a permit.
6.5 Snow removal route
(a) Each and every highway and portion of Highway within the jurisdiction of the shall be
designated a Snow Removal Route
(b) Except when necessary to avoid conflict with traffic, to comply with the law, the
direction of a peace officer, and except while operating a municipal or provincial utility
vehicle while engaged in their duties, no person shall stop or park a vehicle on any street
or road that is designated as a snow removal route during the period of November 1 to
April 1, effective each and every year. Parking on a snow removal route is prohibited and
any vehicle that impedes snow removal can be towed and/or fined. Public Works to post
hours.
6.6 Placing snow on a highway
(a) Except as authorized by a permit issued by the Public Works Manager pursuant to this
bylaw, no person shall place, or permit or allow to be placed, any snow or ice upon a
highway.
(b) Every person being the owner or occupier of property abutting on a highway shall not
allow or permit any snow or ice to cave, fall, crumble, slide, or accumulate from any such
property upon a highway, or being there, to remain thereon
6.7 No operator or owner of a house-trailer, camper, camper unit, bus, motor home or
recreational vehicle shall park same upon any highway within the District between the
hours of 02:00 - 06:00 (2:00 a.m. - 6:00a.m.).
6.8 No operator or owner of a recreational vehicle shall park the recreational vehicle on any
highway in the District in such a manner as to constitute a hazard to other persons using
the highway.
6.9 Where any type of motor vehicle has removable camping accommodations installed on it,
the operator or owner of the vehicle or any other person in charge of the vehicle either
permanently or temporarily shall not 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.
6.10 Except in the case of a breakdown or other emergency not allowing the vehicle to be
moved, an operator or owner shall not stand or park any vehicle on the highway for the
purpose of servicing or repairing the vehicle.
7. HEAVY TRUCK REGULATIONS
7.1 Unless making local deliveries all trucks exceeding 10,900-Kg are limited to the following
truck routes, which are presented in map form in Schedule B:
(a) Barriere Lakes Road and Barriere Town Road between the District boundary and
Highway 5;
(b) Barriere Industrial Park roadways;
(c) Louis Creek Industrial Park roadways;
(d) Barriere Town Road from Highway 5 to Station Road;
(e) Station Road from Barriere Town Road to Highway 5;
(f) Connor Road;
(g) Dunn Lake Road.
7.2 (1) A person must not operate a heavy truck on a highway, unless at least one of the
following conditions are met:
(a) the person operates the heavy truck on a truck route;
(b) the heavy truck is:
(i) an emergency vehicle;
(ii) a bus;
(iii) a vehicle owned or operated on behalf of the District, the Province or the
government of Canada;
(iv) a vehicle owned or operated on behalf of a public utility company;
(c) the person operates the heavy truck for making deliveries within the District boundary
(2) This section does not relieve a person in charge or control of a heavy truck from
compliance with other parking and traffic regulations.
7.3 (1) The Public Works Manager may restrict the use of a truck route by written order if, in
the opinion of the Public Works Manager, the restriction is necessary for safety purposes
or the protection of the truck route or other roadway or property.
(2) An order made under subsection (1) may restrict any of the following:
(a) the speed at which a vehicle may travel;
(b) the gross weight of a vehicle or a load;
(c) the weight on an axle, a tire or a wheel;
(d) the number of axles or wheels;
(e) the wheel base, width, length and height of a vehicle;
(f) the width, length, height and distribution of a load;
(g) the kind, width, size and inflation of tires;
(h) the system of load suspension;
(i) the hours when a vehicle may use a truck route.
(3) In making an order under subsection (1), the Public Works Manager must consider the
conditions of the roadway, including capacity, visibility, damage, maintenance, repair,
construction, obstructions, flooding, snow, ice and other conditions that may compromise
the traffic or the safety of a roadway.
(4) An order is effective when the Public Works Manager:
(a) signs and dates the order, and
(b) places a notice or a sign at a location that, in the opinion of the Public Works
Manager, is appropriate in respect of persons subject to the order.
7.4 Unless a permit has been issued by the Public Works Manager, over-width and over-
weight trucks are prohibited from travelling on all municipally controlled roads within the
District.
8. PUBLIC WORKS MANAGER
8.1 The Public Works Manager is authorized to do any of the following:
(a) make orders in respect of the matters comprised in this Bylaw, and to alter, amend,
vary, suspend, revoke or cancel any such order as the Public Works Manager deems
necessary or reasonable to ensure compliance with this Bylaw and for the safety,
protection and convenience of the public in relation to traffic and use of the
highways, boulevards, sidewalks, parks and other public places;
(b) as the Public Works Manager deems necessary or reasonable in the circumstances
to promote compliance with this Bylaw and otherwise for safe and efficient flow of
traffic and use of the highways, boulevards, sidewalks, parks and other public
places, and taking into account normal use by pedestrians, particular vehicles, real
property circumstances, and road conditions:
i. to locate, install and maintain traffic control devices upon any highway or part
of a highway, or on land owned or held by the District;
ii. to designate parking spaces reserved for use by persons with disabilities or
emergency vehicles on any highways or within areas owned or held by the
District;
iii. to establish locations for loading areas adjacent to an entrance of any multi-unit
residential, institutional or business premises, as may be warranted;
(c) to grant time-limited Permits under this Bylaw, in a form as approved by the District,
for any of the following purposes:
i.
excavation, construction, maintenance, repair, widening or upgrading of any
highway, adjacent right of way, crossing, or ancillary thing;
ii. installation, maintenance, repair, upgrading, removal or relocation of a ditch,
drain, culvert, sewer or other utility on, under or adjacent to any highway,
park or other public place;
iii. to facilitate construction of buildings or other structures, or their demolition, on
properties adjacent to the highway;
iv. to allow the construction of highway access to adjacent properties or the
installation of cattle guards, gates or fences across a highway or within a road
allowance;
v. to prevent load-carrying or heavy vehicles from travelling on roads or portions
of roads that may be weakened by water runoff or accumulation;
vi. to allow for temporary parking of vehicles, unattached trailers, containers,
equipment or other items on a highway, park or other public place;
vii. for the parking of vehicles within zones or spaces designated for the use of
persons with disabilities;
viii. to allow or facilitate a Street Event or similar activity on a portion of highway,
park or other public place;
ix. to allow amplified sound, pyrotechnics, or another potential disturbance on a
highway or within a park or other public place,
x. to accommodate commercial film production involving the use of a highway,
park or other public place or that would potentially interfere with ordinary
traffic or parking;
xi. to allow signs, guideposts, banners, road markings or other forms of display
to be placed on or over a highway or on road allowances, park or other public
places;
xii. to allow the temporary deposit or leaving of any rocks, earth, gravel or related
materials on a highway;
xiii. to allow extraordinary traffic to use the highway; and
xiv. to allow a vehicle described in s. 7.3 [overweight, overload, or oversize
vehicles] to be operated on a proposed route.
(d) to establish terms, conditions, restrictions and requirements for the granting of a
Permit, and to refuse, suspend, amend, vary, revoke or cancel any Permit if the
Public Works Manager considers that the activities proposed or contemplated under
the Permit cannot be or are not being carried out safely and with a minimum risk of
injury to persons, damage or loss to property, inconvenience to others using the
Highway, residents or businesses in the vicinity, or to the public generally;
(e) to temporarily restrict, prohibit, divert or redirect traffic on a highway, by causing
posted signs, notices, or other traffic control devices:
i.
to accommodate activity authorized under a Permit;
ii. to facilitate work being carried out on, under, over or near a highway by or
on behalf of the District or another local, provincial or federal government
or an agency, or a provider of electrical, telecommunications or other
utility;
iii. to facilitate the work of police, ambulance or fire and rescue services;
iv. where hazardous or impassable conditions exist on or near a highway; or
v. otherwise for the safety and protection of the public, as the Public Works
Manager deems necessary or reasonable in relation to traffic and other
activity on or use of a highway; and
(f) to temporarily restrict or prohibit traffic to use any highway or sidewalk, or portion
thereof, for the purposes mentioned in this section, and for such time and for such
periods in respect of any type of traffic or use, and for that purpose may cause to be
placed and maintained any signs, markings, barriers, cones, or other traffic control
devices to indicate such closing.
9. TRAFFIC CONTROL PERSON
9.1 A professional traffic control flagger, police constable, firefighter, ambulance driver or
attendant or a bylaw enforcement officer, while acting in the course of their duties and
subject to the direction of the Police Commander or the Fire Chief, may direct and
control traffic on any highway or adjacent land at or near the scene of a collision or
other accident, while attending at or near a fire scene or other hazardous or
emergency incident, to direct, restrict, divert and prohibit traffic on any highway.
10. HIGHWAY USE PERMITS
10.1 A Municipal Highway Permit may be issued in the form approved by the District,
subject to payment of an application fee set out in District of Barriere Fees and
Charges Bylaw, as applicable, and subject to other conditions contained in this
Bylaw.
10.2 The effective period of a Permit shall be as stipulated in this Bylaw or on the Permit
itself, subject to any variation or amendment authorized in writing by the District or to a
suspension, revocation or cancellation of the Permit, but in any case, shall not exceed
twelve (12) months.
11. AVAILABILITY OF PERMIT
11.1 Once issued, a Permit must at all times be available at the site, or in the Vehicle for
which the Permit was issued and a person responsible for the activity under the Permit
must immediately produce the Permit at the request of the Public Works Manager, a
Peace Officer, Police Officer or a Bylaw Enforcement Officer.
12. PERMIT FEES AND SECURITIES
12.1 Every applicant for a Permit must pay to the District any applicable fee established
in District of Barriere Fees and Charges Bylaw.
12.2 As a condition of issuing a Permit under this Bylaw for work or activity affecting the
paved portion of a Highway, or other infrastructure or real property owned or held by
the District, the Public Works Manager may require a deposit of security to ensure
compliance with this Bylaw and the performance of any terms or conditions imposed
under a Highway Use Permit, in an amount that is, in the opinion of the Public Works
Manager, sufficient to pay the cost of either or both of the following:
(a) repairing any damage to the Highway, structure, or other public or private property,
that could result from the activity for which the Permit was issued and, where
applicable, maintenance for up to one year following completion of any such repair;
and
(b) fulfilling the obligations imposed by the Permit within the time specified by the
Permit on default of the Permit holder, and Schedule A of this Bylaw applies
as a condition of the Permit that is issued.
13. REVIEW BY COUNCIL
13.1 An Applicant who has been refused a Permit, or a Permit holder whose Permit has
been suspended, revoked or cancelled by the Public Works Manager, may request
that Council review the decision by delivering a written request, along with related
information and supporting reasons, to the Corporate Officer of the District, with a copy
to the Public Works Manager, within five (5) business days of receiving a notice of the
Public Works Manager's decision.
13.2 At a date and time to be arranged by the Corporate Officer, the Applicant may appear
before Council and be heard regarding a decision to suspend, revoke or cancel a
Permit.
13.3 In addition to information and submissions by the Applicant and a report from the
Public Works Manager as to the Public Works Manager's decision, Council may
consider any other information it considers relevant, and after reviewing the matter,
may confirm, vary or cancel the decision of the Public Works Manager.
14. REMOVAL AND IMPOUNDMENT
14.1 A police officer, an employee of the District, or a towing contractor retained by the
District may arrange for or cause a vehicle or other chattel that occupies a portion of
the highway or other public place in contravention of this Bylaw to be removed, and
detained or impounded.
14.2 The owner of a vehicle or other chattel that has been removed, detained or impounded
under this Bylaw is responsible to pay the applicable fees for its detention or
impoundment and must pay for any costs and expenses incurred by the District for its
removal as set out in an invoice by the District under any regulations applicable by
Provincial Legislation.
14.3 If the owner of a vehicle or other chattel detained or impounded under this Bylaw has
not paid the amounts owing under s. 14.2 within 30 days after the date of its detention
or impoundment, or has not arranged within that time period to pay the amounts owing
by a schedule of payments that is satisfactory to the District's Financial Officer, the
District may arrange for the vehicle or other chattel to be sold or otherwise disposed of
to recover applicable fees, costs and expenses for its removal, detention and
impoundment under any regulations applicable by Provincial Legislation.
14.4 If the removal of a vehicle or other chattel results in its detainment by an impounding
service establishment without fee to the District, then all fees and costs associated
with the removal and detainment shall be borne by the owner and paid directly to the
impounding service establishment, with any unpaid amounts owing after 30 days after
the date of its detention or impoundment, or has not arranged within that time period to
pay the amounts owing by a schedule of payments that is satisfactory to the
impounding service establishment, the impounding service establishment may arrange
for the vehicle or other chattel to be sold or otherwise disposed of to recover the
applicable fees, costs and expenses for its removal, detention and impoundment
under any regulations applicable by Provincial Legislation.
15. ENFORCEMENT
15.1 This Bylaw may be enforced by the Public Works Manager, any member of the of
the RCMP, the Fire Chief, or a Bylaw Enforcement Officer.
15.2 This bylaw may be enforced:
(a) by means of a ticket issued under Division 3 of Part 8 of the Community Charter,
and Municipal Ticket Information Regulation;
(b) by means of a ticket issued under Bylaw Notice Enforcement Bylaw No. 95, as
amended;
(c) by prosecution under the Offence Act; or
(d) by way of civil action as authorized by statute.
16. CONTRAVENTION AND PENALTIES
16.1 A person who:
(a) contravenes, violates or fails to comply with any provision of this Bylaw;
(b) suffers or allows any act or thing to be done in contravention of this Bylaw; or
(c) fails or neglects to do anything required to be done under this Bylaw, or of any permit
or order issued under this Bylaw;
commits an offence and upon conviction, shall be liable to paying a fine of up to Two
Thousand Dollars ($2,000) and to pay any further amounts that may be ordered under the
Offence Act, an issued Municipal Ticket Information, or a ticket issued under the Bylaw
Notice Enforcement Act, and where the offence is a continuing one, each day that the
offence is continued shall constitute a separate offence.
17. SEVERABILITY
17.1
Each portion or section of this Bylaw is intended to be independent to the extent
that a decision of a court of competent jurisdiction that a portion or section is invalid
does not affect the validity of any other portion or section, and the invalid portion
shall be severed.
READ A FIRST TIME this 3rd
day of April, 2023
READ A SECOND TIME this 14th
day of April, 2023
READ A THIRD TIME this
1st
day of May, 2023.
ADOPTED this 15th day of May, 2023.
Original signed by,
Original signed by,
Mayor Ward Stamer
Tasha Buchanan, Corporate Officer
SCHEDULE A
District of Barriere Traffic Bylaw No. 226
SECURITY AND INSURANCE CONDITIONS FOR PERMITS
An Applicant who is required to provide a Permit deposit as a condition of the issuance of a Permit
may, at the Applicant's option, provide the Permit deposit by:
(a)
a cash deposit,
(b)
an irrevocable letter of credit, or
(c)
another form of security satisfactory to the Public Works Manager.
If a Permit holder fails to promptly repair any damage, compensate for any injury or loss resulting
from work, activity or other thing that is subject to the Permit, or fails to fulfill the obligations of the
Permit within the specified time, the District may draw upon the deposit or security provided by the
Permit holder and may take steps to remedy the damage, compensate for loss or injury, or fulfill the
obligations of the Permit holder. If there are not sufficient funds on deposit or available through the
security provided, to cover the costs, the District may recover any shortfall from the Permit holder.
Every Applicant for a Highway Use Permit must:
(a)
if required, place a deposit with the District in an amount sufficient:
i.)
to pay the cost of repairing any potential damage to the Highway, or any
installations therein or thereon, by reason of the things to be done pursuant
to the Permit; or
ii.)
to ensure that any obligations imposed by the Permit are fulfilled and
completed within the time specified in such Permit; and
(b)
provide the Public Works Manager with complete, accurate and current plans and
specifications of any work to be undertaken on, over or under a Highway.
Where any completed work on, over or under a Highway is to be taken over by the District, the Permit
holder shall maintain such work for a period of one year from the date of completion of the work, as
certified by the Public Works Manager.
Where any alterations or adjustments to completed works on, over or under a Highway are required
due to reconstruction of a Highway during the one-year maintenance period, the Permit holder shall
pay the cost of such alterations and adjustments.
An applicant for a Highway Use Permit must obtain and maintain insurance against liability throughout
the term of the Permit, and for any applicable maintenance period, on terms acceptable to the Public
Works Manager. The insurance policy must name the District as an additional insured, include a
cross-liability clause and provide that the policy shall not be cancelled or materially altered unless and
until the District has received thirty (30) days notice in writing.
Upon final completion of work carried out under a Highway Use Permit or the end of a maintenance
period, as applicable, any amount that is not used or required by the District to remedy a default of the
Permit holder or any loss, injury or damage otherwise resulting from the work or from non-compliance
with the Permit or this Bylaw will be refunded to the Permit holder.
Work carried out under a Highway Use Permit must conform in every respect to plans and
specifications approved by the Public Works Manager.
Every Permit holder must ensure compliance with this Bylaw and other applicable enactments, and
that all terms and conditions of a Highway Use Permit are met.
SCHEDULE B
District of Barriere Traffic and Safety Bylaw No. 226
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