Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 (Consolidated to March 12, 2018) — full text

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VILLAGE OF CANAL FLATS ROADS AND TRAFFIC BYLAW No. 159, 2014 EFFECTIVE DATE: JUNE 23, 2014 CONSOLIDATED FOR CONVENIENCE ONLY (March 12, 2018) This is a consolidation of the bylaws listed below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. AMENDMENT BYLAW EFFECTIVE DATE 201 March 12, 2018 The bylaw numbers highlighted in this consolidation refer to the bylaws that amended the principal Bylaw No. 167, 2015. The number of any amending bylaw that has been repealed is not referred to in this consolidation. Obtainable from the Corporate Officer. Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 - 2 - VILLAGE OF CANAL FLATS BYLAW NO 159, 2014 Being a Bylaw to Regulate Roads and Traffic in the Village of Canal Flats ____________________________________________________________________________________ WHEREAS the Council of the Village of Canal Flats is authorized, pursuant to the Community Charter, the Local Government Act, and the Motor Vehicle Act, to regulate roads and traffic in the Municipality; AND WHEREAS the Council deems it desirable to regulate roads and traffic in the Municipality; NOW THEREFORE, THE Council of the Village of Canal Flats, in open meeting assembled, ENACTS AS FOLLOWS: 1. Title This Bylaw may be cited for all purposes as "Village of Canal Flats Roads and Traffic Regulation Bylaw No. 159, 2014. 2. Repeal "Village of Canal Flats Roads and Traffic Bylaw No. 33, 2005" "Village of Canal Flats Roads and Traffic Regulation Bylaw No. 70, 2008" and all amendments thereto, are hereby repealed. 3. Interpretation Metric units are used for all measurements in this Bylaw. The approximate equivalents of these units in Imperial measure shown in brackets following each metric measurement are included for convenience only and do not form part of this Bylaw. 4. Definitions "Administrator" means the Chief Administrative Officer of the Village of Canal Flats or his/her duly appointed assistant. "Angle Parking" means parking a vehicle other than parallel to a curb or lateral boundary of a highway. "Boulevard" means the area between the curb lines or the lateral boundary of a highway and the adjacent property boundary. "Council" means the Council of the Municipality. "Curb" means a concrete, asphalt, or wooden barrier paralleling the side of the traveled portion of a road. "Driveway" means any curbing, paving or other structure or improvement which is installed on a boulevard to provide or facilitate access to and from a highway and the adjacent property. "Fire Chief" means the Fire Chief appointed by Councillor the Deputy Fire Chief appointed by the Fire Chief to perform his duties in his absence or the member of the Municipal fire department in command at a fire or emergency incident. "Gross Vehicle Weight" means the gross weight of the vehicle and its load. "Highway" means and includes, a road, street, lane, bridge, viaduct and any other way open to public use, other than a private right of way on private property. Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 - 3 - "Lane" means a public thoroughfare separating the rear property lines of parcels of land fronting on a street more or less parallel to and on each side of the public thoroughfare. "Municipality" means The Corporation of the Village of Canal Flats or the area within the boundaries of The Corporation of the Village of Canal Flats as the context may require. "Parade" or "Procession" means any organized group of more than thirty pedestrians or more than ten vehicles upon any highway. "Park" or "Parking" means the stopping of a vehicle and leaving it unoccupied by a driver. "Peace Officer" means a constable or a person who has a constable's powers. "Private Road" means every way or place in private ownership and used for vehicular travel by the owner and those having permission from the owner. "Recreation Vehicle" means a licenced motor vehicle or a trailer that is designed or used primarily for accommodation and includes, but not limited to, a travel trailer, tent trailer, camper, camper van and motor home as well as boats, pontoons and personal water craft on trailers. "Sidewalk" means the area between the curb-lines or lateral lines of a highway and the adjacent property lines set aside for pedestrian use and having asphalt, wooden, concrete or gravel surface. "Street" means a highway other than a lane. "Stop" or "Stopping" means the cessation of movement. "Traffic Control Device" means a sign, signal, line, marking, yellow curb, space, barrier, or any other device that is designed to control or direct traffic and that is placed or erected by authority of the Council or person duly authorized by this Bylaw to exercise such authority. "Trailer" means a wheeled vehicle that can be pulled by a car or truck and is equipped for carrying items. "Truck Route" means those highways or portions of highways, designated under this Bylaw on which trucks over the specified Gross Vehicle Weight are permitted. "Vehicle" has the same meaning as prescribed to it in the Motor Vehicle Act. "Walkway "means a path 4 metres wide or less, designed for the use of pedestrians and/or non- motorized vehicles, and constructed on its own right-of-way or on a highway right-of-way. 5. Restrictions Except where authorized by a permit issued by the Administrator, or as otherwise permitted, ordered or directed by the Administrator, the Fire Chief, a Peace Officer or a person authorized by any of these persons, no person shall: 1. leave any excavation or other obstruction upon a highway without sufficiently fencing, barricading and marking the same with warning lights and barriers, 2. obstruct, impede or interfere with traffic on a highway or pedestrians on a sidewalk or walkway, 3. place or permit to be placed any fuel, lumber, merchandise, chattel of ware of any nature on a highway, sidewalk, boulevard or walkway, Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 - 4 - 4. place, deposit or dump or cause to be placed, deposited or dumped, or to be tracked or carried by a vehicle or vehicles, rubbish, litter, waste material, earth, rocks, stones, logs, stumps, branches, garden clippings or other things onto a highway, sidewalk, boulevard or walkway, 5. drive a vehicle with a licenced Gross Vehicle Weight in excess of 8000 kg upon a highway that is not a truck route, except for a) municipal or utility vehicles, b) vehicles delivering goods, materials or services to or from properties on a street or streets directly serviced by the highway, or c) vehicles leaving or returning to the residence of the operator of the vehicles, or d) school buses 6. cause or allow to remain on their property, trees, shrubs, or other vegetation that physically obstructs or visibly impairs pedestrian or vehicle traffic on a sidewalk, walkway, boulevard or highway, 7. allow any water or fluids to flow from any property onto any portion of a highway that causes, or may cause a hazard to vehicle or pedestrian traffic or damages, or may damage, a highway, sidewalk, boulevard or walkway, 8. undertake any work within a highway unless authorized to do so by a permit issued by the Administrator, 9. undertake work on a highway contrary to a permit issued by the Administrator, 10. fail to stop where there is a stop sign at an intersection, except where a Peace Officer, or the Fire Chief, directs otherwise, 11. as a pedestrian, passenger or driver and whether or not with the use or aid of any animal, vehicle or other thing, perform or engage in any stunt or other activity on a highway or boulevard that is likely to distract, startle or interfere with other users of the highway, 12. drive a motor vehicle along any sidewalks, walkways or boulevards, unless otherwise permitted to do so by an applicable traffic control device, 13. not obey the instructions of, or act contrary to, an applicable traffic control device, 14. move, drag, or skid any object along or over a highway that damages or may damage the surface of the highway, 15. fail to yield the right of way to a pedestrian in an intersection or in an adjacent crosswalk, 16. drive, cycle or walk contrary to the instructions of a school crossing guard or of a school student acting as a member of a traffic patrol, 17. drive or operate a motor vehicle over an unprotected hose of a fire department unless he/she has been directed or permitted to do so by the fire official in command or a Peace Officer. 6. Administrator's Powers Subject to Section 9 of this bylaw the Administrator is authorized to order the placing or erection of a traffic control devices at such locations in the Municipality as he/she deems appropriate for the following traffic matters, and by those orders to exercise the powers of the Municipality under this Bylaw; Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 - 5 - 1. regulating, controlling, or prohibiting pedestrian traffic, animal traffic, vehicular traffic, and cycle traffic on highways, sidewalks, walkways, boulevards, lanes, and at intersections of highways, lanes or walkways, 2. regulating, controlling, or prohibiting the stopping or parking of vehicles, 3. setting apart and allotting portions of highways adjacent to Federal, Provincial or Municipal public buildings for the exclusive use of officials and officers engaged therein for the parking of vehicles, and regulating such parking, 4. providing for the establishment and designation of a. loading, commercial, disabled persons parking and passenger zones and their use, and b. school zones and playground zones, 5. regulating the width, length, and height of vehicles and the width, length, height, fastening, and distribution of loads on vehicles that are operated on a highway, 6. restricting the weight of vehicles that are operated on a highway, 7. regulating or prohibiting traffic on a highway where construction, reconstruction, widening, repair, marking, or other work is being carried out. No traffic control devices shall be placed under this subsection for a period exceeding twenty-eight consecutive days without authority of a resolution of Council, 8. establishing school crossings in the Municipality and regulating and controlling pedestrian and vehicular traffic with respect to such crossings, 9. regulating traffic passing by or in the vicinity of schools through traffic patrols, and vesting in school children or other persons employed in traffic patrols power to require vehicles to stop at school crossings or other designated places on a highway, 10. regulating and controlling parades and processions on highways in the Municipality. 11. The Administrator may rescind, revoke, amend, or vary an order made by him/her under Section 6, 12. The Administrator may place or erect, or cause to be placed or erected, traffic control devices to give effect to any provision of this Bylaw or any resolution of Council, 13. Any sign, advertisement or guide post placed or maintained in contravention of the Bylaw may be altered, repainted, torn down, or removed by the Administrator or designate, without compensation to any person. 14. The placement or erection of all new traffic control devices, or the removal of any traffic control devices, other than those warning of temporary dangers, work or conditions, must be approved by Council prior to such placement, erection, or removal. 7. Traffic Regulations Speed Limit in Lanes and Highways 1. No person shall drive or operate a motor vehicle: a. on any street within the Municipality at a greater rate of speed that 50 km/h, unless otherwise posted, b. at a greater rate of speed than the speed limit posted in portions of highways designated in accordance with Schedule "A" which is attached hereto and forms part of this bylaw, c. in any lane within the Municipality at a greater rate of speed than 20 km/h, Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 - 6 - d. at a greater rate of speed than the speed limit indicated on a traffic control device, e. at a greater rate of speed between one-half hour before dawn and one-half hour after dusk, in a playground zone, where signs are displayed stating a speed limit of 30km/h, f. at a greater rate of speed than 30 km/h in a zone where signs are posted indicating that the road is being repaired, widened or marked unless otherwise indicated by a traffic control device, Parking Restrictions 2. No person shall stop or park any vehicle, or combination of vehicles, having a total length exceeding 15.5 metres (50.85ft) a. in any lane, except while engaged in delivering or picking up goods, or b. in any designated angle parking zone. c. no person shall occupy any vehicle or recreation vehicle parked on a boulevard in excess of 72 hours 3. No person shall park a vehicle a. within 6 metres (19.7ft) of any intersecting highway other than a lane, unless otherwise permitted by a traffic control device, b. within 2 metres (6.6ft) of any intersecting lane, c. within 5 metres (16.4ft) of a fire hydrant or within 5 meters (16.4ft) of a fire hydrant measured from a point on the curb or edge of a highway, which is closest to the fire hydrant, d. in such a manner as to leave unobstructed less than 3 metres (9.8ft) of the width of a highway, or opposite to or in such close proximity to another vehicle already stopped or parked in a highway as to obstruct the movement of vehicular traffic on a highway, e. at an angle to the curb or lateral boundary of a highway except there authorized by an angle parking sign, BYLAW No. 201, 2018 f. for a consecutive period longer than 120 hours, except recreational vehicles during the period of March 1st to October 31st of each year. g. in such a manner as to block the exit of a vehicle already parked, h. on any boulevard adjacent to a curb, i. on a sidewalk or walkway, j. in front of, or within 2 metres (6.6ft) of either side of a private road, driveway, or sidewalk crossing, k. on the highway next to a curb painted yellow, a curb painted red, a sign designating a Bus Stop Zone, a line painted on the side of the road where no curb is present, or a white line representing a walking lane, l. in a restricted zone longer than designated, or m. on other than the right side of a two-way highway. n. No person shall stop, stand or park a vehicle or trailer on any street, lane, boulevard, sidewalk or portion thereof, without having a valid licence and number plate affixed to and issued for the lawful operation of the motor vehicle or trailer on a highway, o. on any boulevard in excess of 23000 kg. 4. The provisions of this Bylaw prohibiting stopping or parking shall not apply to: a. municipal, provincial, or public utility service vehicles, or emergency vehicles; or b. tow trucks while such vehicles are engaged in work requiring them to be stopped or parked in a manner contrary to this Bylaw, provided that this exemption shall not relieve the operators of such vehicles from taking due precautions to indicate the presence of such vehicle on the street while so parked or stopped. 5. Interference with Traffic Control Devices a. No person shall establish, place or maintain, or display in, upon or in view of a highway, any traffic control device or other device which purports to be, or is in imitation of, or in Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 - 7 - any way resembles any traffic control device, or any device which attempts to divert the movement of traffic or the parking of vehicles within the Municipality, save and except as provided by this Bylaw. b. No person other than those authorized by this bylaw shall wholly or partly obliterate, deface, damage, injure, move, obstruct or otherwise interfere with any traffic control device erected, placed or maintained within the Municipality pursuant to this Bylaw. 6. Traffic Restrictions on Designated Highways a. Council may, by resolution, restrict certain types of vehicles or combination of vehicles from using certain designated highways within the Municipality. b. Those highways or portions of highways as listed in Schedule "B" which is attached hereto and forms part of this bylaw, are designated as truck routes or Schedule "C" which is a map of the area listed on Schedule "B". 7. General Provisions a. Traffic control devices installed pursuant to this Bylaw shall conform to and have the same meaning as the corresponding device in the regulations made under the Motor Vehicle Act; and where a device is not included in the Motor Vehicle Act regulations, it shall have the meaning ascribed to it in the "Manual of Uniform Traffic Control Devices for Canada", as amended from time to time. b. Council may, by resolution, designate certain wrecking firms to be used for the removal of vehicles contravening this Bylaw. c. Only those persons displaying an official "Disabled Persons' Parking Permit" issued pursuant to the Motor Vehicle Act Regulations, shall park in those parking areas designated for disabled persons parking. 8. Penalties 1. Any person who contravenes any provisions of this Bylaw commits an offence and is liable on summary conviction to a fine not exceeding $2,000.00. 2. Any vehicle unlawfully occupying any portion of a highway may be removed, detained, or impounded by order of the Administrator. A removal fee of $50.00 and an impoundment fee for each day or part of a day which a vehicle is impounded shall be paid by the owner before release of the vehicle. Any unpaid removal fees or impound fees may be recovered by sale of the vehicle at public auction not less than 30 days after the date of impoundment, or by action in a Court of competent jurisdiction. Schedule "A" Canal Flats Speed Zones Street Name Km/h From: To: 1 Grainger Road 30 Stevens Avenue Burns Avenue Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 - 8 - Schedule "B" Canal Flats Truck Routes Street Name From: To: 1 Burns Avenue Hwy 93/95 Grainger Road 2 Canal Flats Cut-off Road Hwy 93/95 Grainger Road 3 Grainger Road Burns Avenue Hwy 93/95 4 Thunderhill Road Hwy 93/95 McGee Road 5 Canal Flats West Frontage Road Full Length 6 Canal Flats East Frontage Road Full Length 7 Shaughnessy Street Beatty Avenue Willow Avenue 8 Beatty Avenue Shaughnessy Street Lot B, Plan NEP23642 9 Willow Avenue Shaughnessy Street Lot C, Plan 81584 10 Flats Road Grainger Road Arbuckle Street 11 Baillie Grohman Avenue Grainger Road Arbuckle Street 12 Arbuckle Street Baillie Grohman Avenue Burns Avenue Village of Canal Flats Roads and Traffic Bylaw No. 159, 2014 - 9 - Schedule "C" Truck Route Map