Village of Burns Lake Traffic Control, Parking and Use of Public Spaces Bylaw No. 1067, 2024 — full text

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Carve your path.  Village of Burns Lake Bylaw No. 1067, 2024 Traffic Control, Parking and Use of Public Spaces Bylaw ## THE CORPORATION OF THE VILLAGE OF BURNS LAKE TRAFFIC CONTROL, PARKING, AND THE USE OF PUBLIC SPACES BYLAW NO.1067, 2024 A bylaw of the Corporation of the Village of Burns Lake to regulate and control traffic, parking, and the use of streets, as well as public areas and spaces in the Village of Burns Lake. WHEREAS it is deemed desirable for the control of traffic, parking, and public spaces within the Corporation of the Village of Burns Lake. AND WHEREAS it is deemed necessary and expedient to exercise the Municipality's powers under Section 8 (3)(b) and 36 (1) of the Community Charter to control the use of public spaces and highways within the Municipality. AND WHEREAS it is deemed necessary and expedient to exercise the Municipality's powers under Section 260 of the Community Charter to enforce this bylaw subject to the Local Government Bylaw Notice Enforcement Act. AND WHEREAS it is deemed necessary to repeal and replace the Corporation of the Village of Burns Lake Bylaw No. 483 (the Village of Burns Lake Traffic Regulation By-Law #483, 1981). The council of the Village of Burns Lake, in an open meeting assembled, enacts as follows: - Citation This bylaw may be cited for all purposes as the "Corporation of the Village of Burns Lake Traffic Control, Parking, and the Use of Public Spaces Bylaw No. 1067 (2024). - Repeal of Bylaw No. 483 (1981) The "Corporation of the Village of Burns Lake Traffic Regulation Bylaw No. 483 (1981) is hereby repealed. - Application of the Bylaw Except as otherwise indicated, this bylaw applies to all highways, roads, lanes, sidewalks, pathways and public lands and spaces within the area incorporated as the Village of Burns Lake. ## 4. Interpretation - (1) Any enactment referred to herein is a reference to an enactment of British Columbia or Canada and regulations thereto, as amended, revised, consolidated, or replaced from time to time. - (2) Any bylaw referred to herein is a reference to an enactment of the Corporation of the Village of Burns Lake as amended, revised, consolidated, or replaced from time to time. - (3) Unless otherwise defined in the bylaw a word or expression has the meaning assigned to it in the Local Government Act, Local Government Bylaw Notice Enforcement Act, Interpretation Act, Community Charter, Transportation Act or Motor Vehicle Act or any other successor legislation. ## Severance If a section, subsection, sentence, clause, or phrase of this bylaw is for any reason held to be invalid by the decision of a Court of competent jurisdiction, it may be severed, ano such deletion will not affect the validity of the remaining portions of this bylaw. ## Definitions - "Access" means a driveway intended for the ingress to and egress from a property abutting a highway. - "Accessibility zone" means that portion of a highway, sidewalk, lane, parking lot, or other public space designated by a traffic control device for the exclusive use of vehicles clearly displaying an authorized and valid Disability Parking Permit (SPARC BC Parking Permit). - "Axle load limit" is the allowable weight of a vehicle and/or trailer and its contents as per a regulation. - "Boulevard" means that portion of the street lying between a curb and an adjoining property line, and on the street without curbs, means that portion of the street lying between the shoulder or edge of the road and the adjoining property line. - "Bylaw contravention" means an offence or contravention of this bylaw that may be enforced under this bylaw. - "Bylaw Enforcement Notice" means a Bylaw Notice under Section 4 of the Local Government Bylaw Enforcement Act, in the form of a written notice or ticket, giving notification of a contravention of a bylaw. - "Bylaw Enforcement Officer" means the same as Bylaw Officer and is a person appointed by the Village to enforce municipal bylaws and regulations and includes any person designated to assist them in enforcing municipal bylaws and regulations. - "Camping" means temporarily living in a tent, vehicle, recreational vehicle, or some such vessel or apparatus normally used for temporary recreational purposes. "Chattel" means a moveable item of personal property. "Council" means the Council of the Village of Burns Lake. ## "Crosswalk" means - (a) a portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings or, - (b) a portion of the highway at an intersection that is included with the connection of the lateral lines of the sidewalks on opposite sides of the highway or within the extension of the lateral lines of the sidewalk on one side of the highway, measured from the curbs, or in absence of curbs from the edges of the highway. "Curb" means the raised structural element which may be installed at the outside edge of a highway or parking area. "Designated Camping Site" means a public area designated or reserved within the Village of Burns Lake on public lands for the purposes of camping. "Director of Public Works" means the person appointed by the Village as such and any person designated to assist them in carrying out their duties as they pertain to this bylaw. "Eviction notice" means a notice provided to a person or persons demanding that they vacate a street, lane, designated camping site, public space or building controlled or owned by the Village. "Fire Chief" means the person appointed by the Village as such and any person designated to assist them in carrying out their duties as pertain to this bylaw. "Fire lane" means an area reserved for the parking or stopping of firefighting apparatus of for the deploying of firefighting equipment. "Fire zone" means that portion of a highway that is contained within the projected extension of the lateral boundaries of every parcel of land upon which any Fire Hall is constructed and in which any equipment for use in firefighting and other emergency uses is held, stored, or maintained. "Highway" means public streets, roads, boulevards, ways, lanes, bridges, trails, trestles and approaches and any other public right of way designed or intended for or used by the public for the passage of vehicles, cycles, and pedestrians. "Intersection" means the area contained within the extension or connection of the lateral curb lines, or if none, then lateral boundaries of highways that join one another or the area within which vehicles travelling on different highways may come into conflict. "Lane" means a service road along the back of residential, commercial, industrial, or institutional property. "Loading zone" means that portion of a highway designated by a traffic control device for the exclusive use of commercial vehicles for loading or unloading passengers or property. "Motorized assisted cycle" commonly referred to as an "e-bike" or "e-machine" means a device - (a) to which pedals, or hand cranks are attached that will allow for the cycle to be propelled by human power, - (b) on which a person may ride, and. - (c) to which is attached a motor of prescribed type that has an output not exceeding the prescribed output. "Motorized personal mobility device" means a motorized wheelchair or other device designed and used to transport a person with impaired mobility. "Operator" means any person who drives, operates, controls, propels or is in physical control of a vehicle and shall be deemed to include the person in whose name the vehicle is registered. ## "Owner" means - (a) a person who holds the legal title to a vehicle, - (b) a person who is entitled to be in or on and is in possession of a vehicle, - (c) a person in whose name a vehicle is registered, or, - (d) a person who holds legal title to land chattels, buildings or other goods and property. - "Parade" means the procession or group of pedestrians, except members of the Canadian Armed Forces, numbering more than fifteen, standing, marching, or walking on any highway, street, sidewalk or public land, or any combination of pedestrians, animals, or vehicles numbering ten or more (except funeral processions) standing or moving on a highway, street, sidewalk, or public space. "Parking" means stopping or standing of a vehicle, whether occupied or not, upon a highway, street, lane, or in a parking lot, except when standing temporarily for and while engaged in loading or unloading. "Peace Officer" means the same as defined in Section 2 Criminal Code of Canada. "Person" means human beings and includes a company or corporate body. - "Public pathway" means the portion of the highway, or public place intended to be used by pedestrians and cyclists (including motorized assisted cycles, scooters, skateboards, and motorized personal mobility devices). - "Public space" means any place within the Village owned or controlled by the Village and includes streets, parks, pathways, sidewalks, parking lots, designated campsites and buildings that is owned or controlled by the Village. "Recreational vehicle" means a vehicle or combination of vehicles, motorhome, travel trailer or truck and camper constructed or equipped for the principal purpose of habitation during travel or recreation. "Roadway" means the travelled portion of the highway that is improved, designed, or ordinarily used for vehicular traffic but does not include the shoulder; and where a highway includes two or more separate roadways the term "roadway refers to any one roadway separately and not all of them collectively. "Shoulder" means the portion of the highway between the travelled portion of an uncurbed highway and the ditch: or, if there is no ditch, the area between the travelled portion of the highway and the boulevard. "Sidewalk" means that portion of a highway intended primarily for use by pedestrians. "Sidewalk crossing" means the altered portion of a sidewalk or curb to allow for vehicular traffic passage. - "Sight line" means an unobstructed view such that approaching or conflicting vehicles or pedestrians at an intersection have sufficient time to stop or avoid a crash or collision under normal circumstances. - "Stand" regarding vehicular traffic means stopping a vehicle whether occupied or not to load or unload or exit a vehicle. - "Stop" regarding vehicular traffic means that the wheels have stopped turning or a cessation of movement of the vehicle. - "Street" includes public roads, highways, bridges, viaducts, lanes, sidewalks, parking lots, and any other ways that are normally open to the public but does not include a statutory right of way or private easement on private property. - "Time" means Pacific Standard Time or Pacific Daylight-Saving Time, whichever is proclaimed to be in effect by the Province of British Columbia. - "Traffic" means vehicles, cycles, pedestrians, ridden or herded animals, and other conveyances either singly or together, while using a highway for purposes of standing or travel. - "Traffic control device" means a sign, traffic control signal, line, parking meter, marking, space, painted curb, barricade, or other device or indicator placed or erected under this bylaw to regulate vehicular and pedestrian traffic, and has the same meaning as the corresponding device in the Motor Vehicle Act, and where such device is not included in the Motor Vehicle Act it has the same meaning as that described in the Manual of Uniform Traffic Control Devices of Canada, as amended from time to time. "Trailer" means a vehicle excluding a recreation vehicle, that is at any time capable of being drawn upon a highway by a motor vehicle. "Vehicle" means a device in, upon or by which a person or thing is or may be transported or drawn upon a highway, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks. "Village" means the Corporation of the Village of Burns Lake. "Walkway" means a public way designed and intended exclusively for use by pedestrians. ## Authorities ## 7. (1) Director of Public Works The Director of Public Works is hereby authorized: - (a) To mark traffic lanes or cause to mark traffic lanes on streets and to designate streets or portions of streets on which a distinguishing single line, broken line or double line may be marked. - (b) To designate streets upon which no vehicle must stop or park on, or to designate vehicle classes thereof that must not stop or park on designated streets. - (c) To locate, establish, and maintain or cause to be located, established and maintained on and over streets any traffic control devices, including traffic signs, stop signs, crosswalks, traffic lights, or reflectors, traffic disks, markers, blocks, standards, indicators, traffic control signals, or other devices or apparatuses, whether automatic or manual, as may be deemed necessary for the regulation, direction and control of traffic or the promotion of special events. - (d) To temporarily close or cause to close or restrict access to a street or portion thereof for construction, repair, or maintenance or for a parade or procession, or for a race or other event or public gathering. Such closure or restriction may be to either to vehicular or pedestrian traffic or both. - (e) To place or cause to be placed traffic control devices to prohibit parking on a street for snow removal purposes. - (f) To provide written authority for a temporary crossing of a boulevard or sidewalk where no sidewalk crossing exists. - (g) To provide written authority to use non-conforming vehicle wheels or tracks. - (h) To set load weight and size restrictions on Village streets and highways. - (i) To permit camping outside of a designated campsite. ## (2) Bylaw Enforcement Officer (Peace Officer) A Bylaw Enforcement Officer (Peace Officer) or any person duly authorized, may, in the course of duty: - (a) Issue Bylaw Enforcement Notices for violations or contraventions of this bylaw. - (b) Direct and regulate traffic in any manner deemed necessary and, in doing so, may disregard any traffic control device. - (c) After due notice, impound any vehicle, trailer, cycle, or chattels deemed to be in contravention of this bylaw. - (d) After due notice seize any chattels left unattended on streets, highways, or public lands. - (e) Issue an eviction notice or cause to evict a person or persons, parking, stopping, or standing, camping, occupying, or using public spaces in contravention of this bylaw. - (f) Authorize a person or persons to camp outside of a designated campsite. ## (3) Fire Chief The authorities and authorizations for the Fire Chief under this section are in addition to those granted under the Fire Services Act, RSBC 1996, c 144. The Fire Chief or any person duly authorized by the Village or by the Fire Chief may, in an emergency: (a) Direct and regulate traffic in any manner deemed necessary and, in doing so, may - disregard any traffic control device. - (b) Impound any vehicle impeding or hindering emergency operations. - (c) Designate in any manner a line or lines near emergency operations beyond which an unauthorized person will not pass. - (d) Designate an area as a fire lane necessary to carry out emergency operations. ## 8. General - (1) Except where directed by the Director of Public Works, a Peace Officer, a Fire Chief (or their designate), or a Bylaw Enforcement Officer, every person must obey all directions, regulations, and prohibitions contained in or upon any traffic control device erected or placed under the provisions of this bylaw. - (2) Notwithstanding the provisions of this bylaw, the Director of Public Works, a Peace Officer, the Fire Chief (or their designate), or a Bylaw Enforcement Officer may direct traffic to ensure the orderly movement of traffic to prevent injury or damage to persons or property, or to permit appropriate actions in an emergency and a person must not disobey such directions. - (3) Notwithstanding the provisions of this bylaw, a traffic control person may be used to direct traffic in conformance with applicable WorkSafe BC, and/or Ministry of Transportation and Infrastructure policies and procedures and a person must not disobey such directions. ## 9. Sight Lines - (1) An owner or occupier of a corner lot at any intersection must not obstruct the visibility of that intersection within six (6) metres from the nearest point of the intersection along that owner's or occupier's property by erecting a fence, sign, berm retaining wall or by allowing vegetation to grow higher than 0.8 metres in height. (See Figure 1). - (2) A person must not park any vehicle, equipment, trailer, or combination thereof such that any part is within six (6) metres of an intersection. ## 10. Obstructions - (1) A person must not allow, place, permit to be placed or remain, permit to cave in, fall, flow, or accumulate, be tracked onto, or carried onto, by a vehicle or other conveyance any soil, mud, rocks, gravel, stones, trees, branches, garden clippings, leaves, debris, snow or ice, or other things which obstruct or impede traffic onto a highway. - (2) A person must not place or permit to be placed or remain, any rubbish, garbage, waste, trash containers or other facilities related to such on any portion of a highway, sidewalk, pathway, or public space, except as per Section 2.5.7 of the Waste Collection Bylaw and in such a manner as to not unnecessarily impede the normal flow of traffic. - (3) A person must not allow any chattels to be placed on, or allowed to remain on a highway, street, or any public spaces any chattels which are impeding the normal flow of traffic without authorization or direction from the Director of Public Works, a Peace Officer, the Fire Chief (or his designate) or a Bylaw Enforcement Officer. ## 11. Camping - (1) The Village of Burns Lake may designate camping sites within the Village and may regulate the length and purpose of stay. - (2) The Village may regulate activities that are allowed on or in designated campsites including, but not limited to, the use of campfires or the use of generators. - (3) A person must not leave unattended their camper, trailer, recreational vehicle, tent, or automobile at a designated campsite for more than 24 hours. - (4) A person must not camp on public spaces except in a designated campsite and in conformance with the regulations indicated for that campsite, unless otherwise authorized. - (5) Camping on a non-designated campsite or failure to comply with designated campsite regulations may result in eviction of persons and/or impoundment or removal of chattels and vehicles of persons in non-compliance. - (6) A person who is evicted as per (5) must not remain on or return to the site. ## 12. Impoundment of Vehicles or Chattels - (1) The Director of Public Works, a Peace Officer, or a Bylaw Enforcement Officer, finding an illegally parked or abandoned vehicle occupying any portion of a highway, public space, or public lands, or finding chattels or obstructions on a highway, public space or public land may remove or impound such vehicle, chattel or obstruction and thereupon may cause it to be taken to a place of impoundment or storage. This may also apply to vehicles, chattels or obstructions which are impeding operations of public works or emergency response. This may also apply to campers, trailers, recreational vehicles, or automobiles unattended at a designated campsite for more than 24 hours as per Section 13(3) of this bylaw. - (2) The Village may levy towing, impoundment, and storage fees to the owner of any vehicle, chattel or obstruction that is towed, impounded, or stored as set out in the Village of Burns Lake Fees and Charges Bylaw. - (3) Should a vehicle, chattel or obstruction be unclaimed by the owner, or any fees and charges not paid to the Village within 31 days from the date of towing, impoundment or storage, The Village may provide for the recovery of fees associated with the towing, impoundment, and storage by sale, public auction or other means of disposal as deemed necessary to recover said fees and charges. - (4) The proceeds of such sale, auction, or other means necessary to recover the fees and charges in Section 14(2) must be applied firstly to the cost of the sale, auction, or other means of disposal, then to any other fees required to make the Village whole for the towing, impoundment and/or storage. - (5) Any balance of the proceeds of 14(4) may be held for one (1) year from the date of sale for the owner. If unclaimed by the owner at the end of the year, such a sum will be paid to the General Revenue of the Village. ## 13. Eviction - (1) Where the Bylaw Enforcement Officer deems it necessary to provide an eviction notice to a person or persons, they must provide that person with a notice approved by the Council of the Village. - (2) An eviction notice must provide the reason for eviction as per this Bylaw and must indicate when eviction will occur. - (3) A person or persons so evicted must not fail to comply with the eviction notice. ## Traffic Notwithstanding any other provision of this bylaw, all traffic control devices installed in the Village are deemed to be duly authorized traffic control devices. ## 14. Traffic Control Devices ## 15. Conformance - (1) A person must not park, drive, or operate a vehicle or cycle in contravention of a traffic control device except as provided for in this bylaw. - (2) A person must not park or drive on a highway or street which has been temporarily closed or has restricted access. - (3) A person must not drive, cycle, or walk in such a way as to impede or obstruct a permitted parade, procession, race, or other event. ## 16. Damage to Devices A person must not drive, cycle, or walk over a newly painted line or marking, nor remove or alter any traffic control device. ## 17. Obey Commands Every person, to the best of their ability, and without causing harm to property or person, must comply with any lawful order, directions, signal, command made or given by a Peace Officer, Bylaw Enforcement Officer, Fireman, flagman, ambulance attendant or school safety patrol person. ## 18. Speed Limits - Highways and Streets - (2) When a speed limit sign has been erected on any highway within the Village, a person must not drive, or operate a vehicle or cycle on that portion of the highway at a speed greater than that indicated on the sign. - (1) A person must not drive or operate a vehicle or cycle on any highway within the Village at a speed greater than 50 km/hr., unless otherwise posted. ## 19. Speed Limits - Lanes A person must not operate a vehicle or cycle on a lane at a speed greater than 30 km/hr., unless otherwise posted. ## 20. Damage to Sidewalks and Boulevards - (1) A person operating a vehicle must not park or drive upon any walkway, sidewalk, curb, or boulevard to encumber, obstruct or damage the same. - (2) When a sidewalk crossing is not available, crossing by vehicle may be authorized by the Director of Public Works in a form approved by the Council of the Village. Written authorization may be provided upon approval of a request submitted to the Director of Public Works in Schedule A. - (3) Adequate precautions must be made to protect sidewalks, curbs or boulevards from damage using suitable materials, having due consideration for the size and weight of the crossing vehicle and its load. ## 21. Blocking Intersections A person operating a vehicle or cycle must not block an intersection or marked crosswalk notwithstanding any traffic control devices. ## 22. Vehicle Wheels - (1) A person must not, without first obtaining written authority from the Director of Public Works, operate on any highway a vehicle having wheels, tires or tracks constructed or equipped with projecting spikes, cleats, ribs, clamps, pads, flanges, lugs or other attachments or projections which form all or a portion of the tread or traction surface of the wheel. - (2) Written authorization may be provided upon approval of a request submitted to the Director of Public Works in Schedule B. - (3) Nothing in this section is intended to prohibit the use of snow chains or studded tires during the period from and including October 1st in any calendar year to April 30t of the following year. ## 23. Load Limits or Vehicle Size - (1) A person must not operate on a highway, a vehicle or combination of vehicles and trailers having a gross weight or vehicle size not conforming to the requirements of the Motor Vehicle Act and the Commercial Transport Act and any regulations thereto. - (2) Where in the opinion of the Director of Public Works, any highway is liable to be damaged because of the gross weight or size of the load thereon, the Village may regulate, limit, or prohibit the use of the highway by any person owning, operating or in charge of the vehicle used thereon, or the goods carried thereon and the Village may post notices or signs to inform the general public of these regulations. - (3) Highway load restrictions may be put into place on specified Village streets, highways, and lanes at certain times of the year. The start and end of each load restriction period may be dependent upon weather and road-related conditions, as determined by the director of Public Works. Axle load limits may be set by the Director of Public Works. ## 24. Cycles, Scooters, Skateboards, Motor Assisted Cycles, Motorized Personal Mobility Devices - (1) A person must not ride a cycle, scooter, skateboard, motor-assisted cycle, motorized personal mobility device or other similar vehicle on a sidewalk, path or walkway without due care and attention and must yield the right of way to pedestrians. - (2) A person must not operate or leave a cycle, scooter, skateboard, motor-assisted cycle, motorized personal mobility device or other similar vehicle on a highway, sidewalk, or public space such that it obstructs the normal and free movement of traffic or pedestrians. ## 25. Public Pathways - (1) A person must not move, drive, run, propel, or park any vehicle along, over, or across any public pathway except at a pathway crossing specifically constructed and intended for these vehicles. - (2) Light carriages, strollers and chairs designed for the convenience of children or the physically disabled or mobility impaired may be operated on pathways. - (3) All cyclists, scooter operators and skateboard riders must yield the right of way to pedestrians, light carriages, or motorized personal mobility devices on any public pathway. ## Pedestrians - (1) A pedestrian must not stand on the travelled portion of a highway while waiting to cross the highway. ## 26. Crossing Highways - (2) A pedestrian must not enter onto or cross a highway other than within a crosswalk in contravention of a traffic control signal or device. ## 27. Entering a Highway A pedestrian must not leave the curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impractical to stop and avoid a collision. ## 28. Walking on a Highway or Road - (1) A pedestrian must not walk on the vehicular travelled portion of a highway or road if a sidewalk or shoulder or other safe space is available as a walking area. - (2) A pedestrian walking on a highway must not fail to yield the right of way to vehicles. ## 29. Obstructing, Standing, Loitering - (1) A person must not obstruct a highway, sidewalk, or pathway by squatting, kneeling, sitting, or lying down except in a medical emergency. - (3) A person must not stand or loiter in such a manner as to obstruct, impede, or interfere with vehicular traffic unless lawfully permitted. - (2) A person must not loiter on a sidewalk or pathway such that they obstruct or impede pedestrians and those vehicles legally using a sidewalk or pathway. - (4) A person must not consume liquor on a highway, sidewalk, pathway, boulevard, or in another public space. ## Parking 30. Except where necessary to avoid conflicts with traffic or to comply with the law or at the direction of a Peace Officer, Bylaw Enforcement Officer or traffic control device, a person must not stop, stand, or park a vehicle: - (1) On a sidewalk or boulevard. - (2) Blocking public or private access. - (3) Upon or in any lane, except while the vehicle is being expeditiously and steadily loaded or unloaded, and then not in such a position or manner as to obstruct the free movement of other vehicles. - (4) In conflict with the rights of way with the Canadian National Railway operations on Gilgan Drive. - (5) Within an intersection, except as permitted by a traffic control device. - (6) Within five (5) metres of a fire hydrant measured from the point on the curb edge or roadway which is closest to the hydrant. - (7) Within six (6) metres of the approach of a stop sign located at the side of a roadway or within six (6) metres of a crosswalk. - (8) Within six (6) metres either side of the entrance to or exit from any hotel, theatre, public meeting place, public facility, fire hall, or playground. - (9) Within fifteen (15) metres of the nearest rail of a railway crossing. - (10) Upon any highway or public space for the principal purpose of 12. (a) displaying a vehicle for sale 13. (b) repairing a vehicle except where repairs are necessitated by an emergency 14. (c) displaying a sign or advertising 15. (d) selling commodities or goods. - (11) Alongside or opposite a street excavation/construction, where parking, standing, or stopping would obstruct traffic. - (12) In a manner as to obstruct the visibility of any standard traffic control device. - (13) In a manner as to obstruct the free passage of traffic on a roadway. - (14) On a roadway beside a vehicle that is stopped or parked at the edge of a roadway or curb. - (15) In any place in contravention of a traffic control device that gives notice that stopping or standing is prohibited or restricted in such a place. - (16) Upon a two-way roadway other than the right side of the roadway and with the right-hand side wheels parallel to that side of the roadway. - (17) On a roadway more than 45 centimetres from the curb of such roadway if a curb has been constructed. - (18) In a designated angle parking zone where the total length of the vehicle and any trailer attached thereto exceeds six (6) metres. - (19) On any highway for a continuous period exceeding 72 hours without first obtaining permission from the Director of Public Works. - (20) Having a licensed gross weight of more than 5600 kilograms between the hours of 9:00 p.m. and 7:00 a.m. of the following day on any highway in a residential area. - (21) Within three (3) metres of the entrance or exit of a lane. - (22) Upon any portion of the highway where traffic control devices consisting of a line painted upon the surface of the highway to designate parking areas except within such designated space or area. - (23) In a loading zone as designated by a traffic control device unless a commercial vehicle is actively engaged in the loading or unloading of said commercial vehicle. - (24) On a highway abutting a primary, elementary, junior, or secondary school ground or neighbourhood playground from dawn until dusk unless such school ground or playground is separated from the highway by a fence. - (25) On any street or public lands, a trailer, a semi-trailer, mobile equipment, or any vehicle which has been detached from the vehicle which was used to transport it. - (26) In a parking zone designated for use by displaying a valid Disability Parking Permit unless conspicuously displaying said permit. - (27) Within a fire lane. - (28) Alongside any yellow painted curb. - (29) Alongside any blue painted curb. ## Enforcement 31. Every person who - (1) Contravenes, violates or fails to comply with any provision of this bylaw, - (2) Suffers or allows an act or thing to be done in contravention of the bylaw, or - (3) Fails or neglects to do anything required to be done under this bylaw or under a 5. permit/order issued under this bylaw, 6. commits an offence under this bylaw. 32. Any person who commits an offence under this bylaw may be liable: - (1) upon summary conviction following a prosecution under the Offence Act RSBC 1996, c 338, to a maximum fine of $50,000, together with the cost of the prosecution and any other penalty or order imposed pursuant to the Community Charter, SBC 2003, c 26, the Local Government Act, RSBC 2015, c1, or the Offence Act, as amended from time to time. - (2) if a ticket is issued under Division 3 of Part 8 of the Community Charter, RSBC 2003, c 26, to the fine amount specified by a Village of Burns Lake Municipal Ticketing Information bylaw created under that part or. - (3) if a Bylaw Notice is issued, to the fine amount specified in the Corporation of the Village of Burns Lake Bylaw Notice Enforcement Bylaw No. 1030, 2022. 33. In the case of offences of a continuing nature, an offence is committed on each day during which the offence continues, and the maximum penalties imposed under this bylaw apply to each such offence. 34. Nothing in this bylaw limits the ability of the Village to pursue any other legal remedies to enforce this bylaw. Such enforcement may include, but is not limited to, an application for enforcement by civil proceedings pursuant to section 274 of the Community Charter, SBC 2003, c 26. ## 35. Schedules For the purposes of this bylaw, Schedules A, B, and Care attached to and form part of this bylaw. ## 35. Effective Date This bylaw shall take effect upon the date of its adoption. READ A FIRST TIME THIS 13th DAY OF AUGUST, 2024. READ A SECOND TIME THIS 13 DAY OF AUGUST, 2024. READ A THIRD TIME THIS 13th DAY OF AUGUST, 2024. ADOPTED THIS 10th DAY OF SEPTEMBER, 2024.   Certified to be a true copy of the "Corporation of the Village of Burns Lake Traffic Control, Parking and the Use of Public Spaces Bylaw No. 1067, 2024". ## The Corporation of the Village of Burns Lake Traffic Control, Parking and Use of Public Spaces Bylaw Bylaw No. 1067, 2024 ## Schedule A: ## Request for vehicle/equipment access across a sidewalk or boulevard Pursuant to Section 22(2) of the Corporation of the Village of Burns Lake Traffic Control, Parking and Use of Public Spaces Bylaw No. 1067, 2024, 1/We Individual/Company Name Individual or Company Address do hereby request from the Director of Public Works, permission to cross or otherwise have access across a sidewalk or boulevard where no access currently exists. Location of access requested The purpose for this access is e.g. construction, event Access will be needed between and Start date and time Completion date and time It is understood that access may be revoked at any time by the Director of Public Works. It is further understood that repairs to the sidewalk or boulevard upon completion of the times and dates needed will be determined by the Director of Public Works, and any repairs that are needed may be the responsibility of the holder of this agreement. Any repairs required must be done to the satisfaction of the Director of Public Works. Approval for Access Director of Public Works date ## The Corporation of the Village of Burns Lake Traffic Control, Parking and Use of Public Spaces Bylaw Bylaw No. 1067, 2024 ## Schedule B: Request for use of vehicle/equipment with damaging wheels, tracks or pads on Village of Burns Lake highway, street, road, lane etc. Pursuant to Section 24(2) of the Corporation of the Village of Burns Lake Traffic Control, Parking and Use of Public Spaces Bylaw No. 1067, 2024, 1/We Individual/Company Name Individual or Company Address do hereby request from the Director of Public Works, permission to travel or operate on a highway, street, road or lane within the Village of Burns Lake using vehicles or equipment that may damage the surface or subgrade of said highway, street, road, lane, etc. Location of access requested The purpose of this permission is e.g. construction, event Permission will be needed between and Start date and time Completion date and time It is understood that permission may be revoked at any time by the Director of Public Works. It is further understood that repairs to the surface and/or subgrade upon completion of the activity will be determined by the Director of Public Works, and any repairs that are needed may be the responsibility of the holder of this agreement. Required repairs must be done to the satisfaction of the Director of Public Works. Approval for Access Director of Public Works date ## The Corporation of the Village of Burns Lake ## Schedule C: Offences and Penalties ## Traffic Control, Parking and Use of Public Spaces Bylaw No. 1067, 2024 | Section | Offence Description | Penalty* | |-----------|---------------------------------------------------------------------------|------------| | 8(1) | Failure to obey the direction of a traffic control device | $100 | | 8(2) | Failure to obey the direction in an emergency | $200 | | 8(3) | Failure to obey traffic control person | $100 | | 9(1) | Obstructing intersection visibility | $100 | | 9(2) | Parking within 6 metres of an intersection | $60 | | 10(1) | Placing or leaving obstruction on a highway, street, road | $100 | | 10(2) | Garbage or trash containers unnecessarily impeding traffic | $60 | | 10(3) | Chattels impeding traffic | $60 | | 11(3) | Unattended camper, trailer, recreational vehicle, tent, automobile | $60 | | 11(4) | Camping outside of a designated campsite | $60 | | 11(6) | Remaining at or returning to camping site after eviction | $60 | | 13(3) | Failure to comply with an eviction notice | $60 | | 15(1) | Park, drive, operate a vehicle in contravention of traffic control device | $60 | | 15(2) | Park or drive on a road temporarily closed or restricted | $60 | | 15(3) | Park, drive or walk obstructing a parade procession, race, event | $60 | | 16 | Damage, alter, remove traffic control device | $200 | | 17 | Failure to obey command of Bylaw Enforcement Officer, flagman etc. | $100 | | 18(1) | Speeding on a road | $100 | | 18(2) | Speeding more than a posted speed limit | $100 | | 19 | Speeding in a lane | $100 | | 20(1) | Encumber, obstruct, damage, sidewalk, curb, boulevard | $100 | | 21 | Blocking an intersection | $100 | | 22(1) | Use of non-permitted vehicle wheels, tires, tracks | $200 | | 23(1) | Operating vehicle with non-conforming weight | $300 | | 24(1) | Operating without due care and attention - scooter, cycle etc. | $100 | | 24(2) | Obstructing traffic or pedestrians - scooter, cycle etc. | $100 | | 25(1) | Park or operate a vehicle on a public pathway | $100 | | 25(3) | Failure to yield right of way on public pathway | $100 | | 26(1) | Pedestrian standing on highway | $60 | | 26(2) | Pedestrian in contravention of a traffic control signal | $60 | | 27 | Pedestrian causing a traffic accident | $60 | | 28(1) | Walking on the road when a sidewalk is available | $60 | | 28(2) | Pedestrian not yielding right of way on a highway | $60 | | 29(1) | Person obstructing a highway, sidewalk or pathway | $60 | | 29(2) | Loitering - obstructing pedestrians and legal path traffic | $60 | | 29(3) | Loitering - obstructing, impeding, interfering with vehicular traffic | $60 | |-----------|-------------------------------------------------------------------------|-------| | 29(4) | Consumption of liquor on highways, sidewalks, other public spaces | $60 | | 30(1) | Parking on a sidewalk | $60 | | 30(2) | Blocking public or private access | $60 | | 30(3) | Obstructing free movement of other vehicles | $60 | | 30(4) | Parking in conflict with Canadian National Railway operations | $60 | | 30(5) | Parking in an intersection | $60 | | 30(6) | Parking within 5 metres of a fire hydrant | $60 | | 30(7) | Parking within 6 metres of a stop sign | $60 | | 30(8) | Parking within 6 metres of an entrance to exit of hotel, theatre etc. | $60 | | 30(9) | Parking within 15 metres of a railway crossing | $60 | | 30(10)(a) | Displaying a vehicle for sale on a highway or public space | $60 | | 30(10)(b) | Repairing a vehicle on a highway or public space | $60 | | 30(10)(c) | Parking to display a sign or advertising | $60 | | 30(10(d) | Parking to sell commodities or goods | $60 | | 30(11) | Parking along road construction obstructing traffic | $60 | | 30(12) | Obstructing the visibility of a traffic control device | $60 | | 30(13) | Obstructing free passage of traffic | $60 | | 30(14) | Double parking | $60 | | 30(15) | Parking in contravention of a traffic control notice | $60 | | 30(16) | Parking on the wrong side of the road | $60 | | 30(17) | Parking more than 45 cm from curb | $60 | | 30(18) | Longer than 6 metres in angle parking spot | $60 | | 30(19) | Parking for longer than 72 hours | $60 | | 30(20) | Parking heavy vehicle in residential area overnight | $60 | | 30(21) | Parking within 3 metres of entrance or exit of lane | $60 | | 30(22) | Parking in non-conformance with line designating parking on a highway | $60 | | 30(23) | Parking in a loading zone | $60 | | 30(24) | Parking alongside a school (dawn to dusk) | $60 | | 30(25) | Parking a detached trailer on a street or public land | $60 | | 30(26) | Parking in an accessibility zone without a permit | $60 | | 30(27) | Parking within a fire lane | $60 | | 30(28) | Parking alongside a yellow curb | $60 | | 30(29) | Parking alongside a blue curb | $60 | *Penalty $60 (Early Payment = $45) *Penalty $100 (Early Payment = $75) *Penalty $200 (Early Payment = $150) *Penalty $300 (Early Payment = $250) (Late Payment = $75) (Late Payment = $125) (Late Payment = $250) (Late Payment = $350)