Streets and Parking Regulation Bylaw No. 3101 (Consolidated Nov 20, 2023)
Duncan, British Columbia
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City of Duncan
Streets & Parking Regulations Bylaw No. 3101, 2014
(With Amendments to November 20, 2023)
Consolidated 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 of this subject
Bylaw No. 3101.01, 2014 - Adopted December 22, 2014
Bylaw No. 3101.02, 2017 - Adopted April 24, 2017
Bylaw No. 3101.03, 2019 - Adopted August 19, 2019
Bylaw No. 3101.04, 2023 - Adopted November 20, 2023
CITY OF DUNCAN
BYLAW NO. 3101, 2014
STREETS AND PARKING REGULATIONS BYLAW
WHEREAS Council is authorized, pursuant to the Motor Vehicle Act, the Highway Scenic
Improvement Act, and the Local Government Act to regulate traffic and the use of highways and
use of public areas within the municipality.
NOW THEREFORE the Council of the City of Duncan enacts as follows:
INTRODUCTION
1.
Title
1.1
This Bylaw may be cited for all purposes as "Streets and Parking Regulations
Bylaw No. 3101, 2014".
2.
Applicability
2.1
This bylaw applies to all lands within the area incorporated as the City of Duncan.
2.2
The provisions of this bylaw in relation to drivers of vehicles also apply to all of
the following:
(a)
persons riding a cycle or an animal;
(b)
persons driving an animal drawn vehicle.
2.3
The provisions of this bylaw do not apply to any of the following:
(a)
persons, vehicles or other equipment while lawfully engaged in highway or
public utility construction, maintenance or repair work on, over or under the
surface of a highway;
(b)
the driver of a vehicle specifically designed for the purpose of towing another
vehicle while hooking-up another vehicle to be towed;
(c)
the driver of an emergency vehicle that is
i.
carrying rescue or first-aid equipment for and during an emergency
situation;
ii.
showing an emergency light (flashing red or blue light);
iii.
being used for loading or unloading persons to and from an
ambulance;
(d)
a Royal Canadian Mounted Police (RCMP) officer who is in the immediate
pursuit of an actual or suspected violator of the law.
2.4
Where anything in this bylaw conflicts with the Emergency Vehicle Driving
Regulation under the Motor Vehicle Act (the "Regulation"), the Regulation
prevails.
2.5
This bylaw does not apply to arterial highways classified as such by order of the
Lieutenant Governor in Council pursuant to the Transportation Act.
Bylaw No. 3101, 2014
Page 2 of 26
2
3.
Definitions
3.1
In this bylaw, unless the context otherwise requires, words or phrases shall have
the same meaning as defined in the Motor Vehicle Act, the Transportation Act or
the Commercial Transport Act, or their regulations.
3.2
In this bylaw, unless the context otherwise requires:
"angle parking"
means the parking of a vehicle other than parallel to a
curb or lateral lines of a roadway
"boulevard"
means that portion of a highway between the curb lines or
the lateral lines of a roadway and the adjoining property
or roadway, and includes curbs, sidewalks, tree wells and
ditches
"bus"
means a vehicle designed to carry more than ten persons
"bus stop zone"
means an area on a highway or roadway marked for the
stopping or parking of buses to allow the ingress and/or
egress of passengers and limited to use for vehicles
operated for public transport by the BC Transit system, its
designate or successor
"Bylaw Enforcement
Officer"
means a person appointed by the City for the enforcement
of City bylaws
"camper"
means a structure designed to be mounted on a vehicle
and to provide facilities for human habitation or camping
purposes
"Chief Administrative
Officer" (CAO)
means the person appointed by Council as the Chief
Administrative Officer or his/her Deputy as appointed by
Council.
"City"
means the Corporation of the City of Duncan
"City block"
means the portion of the highway between two separate
intersections, shown as an example in Exhibit "A" of this
bylaw, in all areas of the City except that area defined in
Exhibit "B" of this bylaw, which is grouped together and
considered as one City block and described as being
north of Government Street, south of and including Evans
Street, east of Boundary Street, and west of and including
Duncan Street
"Commercial Vehicle" means a vehicle used by a person on a highway within
the City, if the vehicle is a commercial vehicle as defined
by and licensed under the Commercial Transport Act
"Commercial Vehicle
Loading Zone"
means that portion of a highway designated by a traffic
control device for the exclusive use of commercial
vehicles loading or unloading freight or other goods
"Council"
means the Council of the City
Amended
by 3101.03
Bylaw No. 3101, 2014
Page 3 of 26
3
"crosswalk"
means a portion of the highway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by
signs, lines, brickwork, concrete pavers, traffic control
devices or other markings on the highway surface
"curb"
means the line of demarcation between the highway and
the boulevard, or the line of demarcation between the
highway and the sidewalk
"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
"cycle path"
means that portion of a highway intended either
exclusively or partially for use by cyclists
"Day-use Parking
Permit"
means a permit issued by the City to a person requiring
access to vehicles in close proximity of a building for the
purpose of building repairs, construction or demolition
"Director of
Corporate Services"
means the person appointed by Council as the Director of
Corporate Services or his/her Deputy as appointed by
Council
"Director of Finance"
means the person appointed by Council as the Director of
Finance or his/her Deputy as appointed by Council.
"disabled employee
parking exemption
permit"
means a permit issued by the City on a monthly basis, in
the form and with content set out by the Director of
Corporate Services, to a disabled person with a valid
disabled person's parking permit, which authorizes the
parking of a vehicle on a highway in excess of the posted
time limit on a traffic control device.
"disabled person"
means a person whose mobility is limited as a result of a
permanent or temporary disability that makes it
impossible or difficult to walk
"disabled person's
parking permit"
means a valid placard issued by the Social Planning and
Research Council of British Columbia (SPARC BC) or
other organizations operating on behalf of SPARC BC;
to or on behalf of a disabled person; or
by another province or foreign jurisdiction with respect to
the parking of vehicles owned or operated by persons with
disabilities or on their behalf
"downtown core"
means the area in the City bounded by and including the
north side of Government Street,
east side of Duncan Street,
north side of Evans Street,
west side of Boundary Street,
as shown in Exhibit "B" of this bylaw
Bylaw No. 3101, 2014
Page 4 of 26
4
"driveway access
permit"
means a permit issued by the City to construct a driveway
"emergency vehicle"
has the same meaning as defined in the Motor Vehicle Act
"Fire Chief"
means the Fire Chief of the Duncan Volunteer Fire
Department as appointed by Council and includes his/her
Deputy or authorized designate
"firearm"
has the same meaning as defined in the Criminal Code
"highway"
includes
every highway within the meaning of the Transportation
Act,
every road, street, lane, bridge, boulevard, sidewalk, or
right-of-way designed or intended for or used by the
general public for the passage or access of vehicles in
the City
"human powered
device"
means a skateboard, roller skates, skis, inline skates,
play scooter, cycles, or any other similar means of
conveyance, but does not include a wheelchair used for
medical related ambulatory assistance, or a carriage or
stroller used to transport a child
"idle" and "idling"
means the operation of an internal combustion engine of
a vehicle while the vehicle is not in motion
"intersection"
has the same meaning as defined in the Motor Vehicle
Act
"jaywalk"
means to cross a street carelessly or in an illegal manner,
without the use of a crosswalk, so as to be endangered by
traffic
"lane"
means any highway abutting the rear or sidelines of
parcels of land and intended primarily to give access to
the rear of residences or business establishments
"median"
means
-
an area that is painted, curbed or raised and is
located between traffic lanes to separate vehicles
travelling in opposite directions;
-
any unpaved portion of the road allowance, including
but not limited to landscaped areas and greens,
located between two or more highways, roadways or
streets;
-
a traffic circle or other traffic divider
"micro car"
means a vehicle, including motorcycles, mopeds and
scooters, with a maximum total length of 3.8 metres
Amended by
3101.01
Bylaw No. 3101, 2014
Page 5 of 26
5
(approximately 12.50 feet)
"motorcycle"
has the same meaning as defined in the Motor Vehicle Act
"motorized
wheelchair"
means a mobility assist device used for medical related
ambulatory assistance that is propelled by means of an
electric motor rather than manual power
"occupier", as applied
to personal property
has the same meaning as defined in the Community
Charter
"Offence Notice"
means a notice issued to a vehicle owner or operator for
traffic or parking violation(s)
"owner" as applied to
real property
has the same meaning as defined in the Community
Charter
"owner", as applied to
a vehicle
has the same meaning as defined in the Motor Vehicle Act
"paid parking permit" means a permit issued by the City for the purpose of
parking a vehicle in a City operated parking lot or space
for a specified time period
"parade permit"
means a permit issues to allow for a public procession or
group of pedestrians, standing or marching or walking on
any highway or sidewalk, or any group of vehicles
standing or moving in a procession on any highway,
celebrating a special day or event, except for a funeral
procession
"park" and "parking"
means the standing of a vehicle, whether occupied or not
"parking space"
means an area on a highway or City operated parking lot
or space designated as a parking place for a vehicle
"parallel parking"
means parking of a vehicle parallel to the curb or edge of
a highway
"peace officer"
Includes a mayor, sheriff and sheriff's officer,
a warden, correctional officer, and any other officer or
permanent
employee
of
a
penitentiary,
prison,
correctional centre or youth custody centre, and a police
officer, police constable, constable or other person
employed for the preservation and maintenance of the
public peace
Bylaw No. 3101, 2014
Page 6 of 26
6
"person"
includes a corporation partnership or party, and the
personal or other legal representatives of a person to
whom the context can apply according to law
"pedestrian"
means a person on foot, or a disabled person or child in a
wheelchair or carriage
"public park"
means every open space, playground, urban forest
(including all driveways, highways, paths and lanes within
a public park, playground or urban forest) owned or
controlled by the City
"real property"
has the same meaning as defined in the Community
Charter
"recreational vehicle" means a vehicle, trailer, motorhome, camper, holiday
trailer, boat, or boat trailer, with or without the boat,
designed or used primarily for accommodation during
travel or recreation
"resident"
means a person who resides in the City
"Residential Parking
Permit"
means a permit issued by the City on an annual basis to
a resident in respect of a specific vehicle registered to
that resident's home address, which authorizes the
parking of a vehicle on a highway contrary to a traffic
control device
"reverse turn" or "U-
turn"
means a turn that a driver or vehicle operator makes while
driving a vehicle, that causes the vehicle to begin going in
the opposite direction; a 180-degree turn
"roadway"
means that portion of a highway which is improved,
designed, or ordinarily used for vehicular traffic, and
includes paving, underground utilities, curbs and gutters
"school traffic patrol"
means a number of pupils of a private or public school, or
other persons, appointed by a school principal, or other
designated person, for the purpose of assisting
pedestrians in safely accessing crosswalks to cross
highways in close proximity to schools
"sidewalk"
means the area between the curb lines or lateral lines of
a highway and the adjacent property lines improved with
a concrete surface for the use of pedestrians
"sidewalk cafes"
means a portion of a City sidewalk used for the service of
food and beverages in connection with an adjacent
restaurant or cafe and are limited to the use of tables and
chairs only
"spitter ticket"
means a ticket dispensed from a machine for the purpose
of parking a vehicle in a City operated parking lot or
parking space for a specified time period
Bylaw No. 3101, 2014
Page 7 of 26
7
"stand" and
"standing"
means the halting of a vehicle, whether occupied or not,
and whether the engine is running or not
"street"
includes a highway, as defined in this bylaw
"street occupancy
permit"
means a permit issued by the City to temporarily close or
occupy a specific portion of any highway or roadway for
any purpose, including but not limited to the following:
installation, maintenance or removal of utilities;
a festival, block party, or activity connected with the
production of a film requiring that traffic be restricted on or
diverted from a highway; or
temporary parking of construction vehicles, unattached
trailers and containers on a highway;
use of the highway or roadway or parking of a vehicle or
vehicles for activity connected with a particular event or
project that, for reasons of safety or security, requires
temporary closure of any portion of the highway or
roadway in a specified location
"taxi"
has the same meaning as defined in the Motor Vehicle Act
and regulated by the Passenger Transportation Act and
Regulations
"taxi zone"
means an area on a highway or roadway marked for the
stopping or parking of taxis to allow the loading and
unloading of passengers
"traffic"
includes pedestrians, vehicles, cycles, and other
conveyances, either singly or together, while using a
highway for the purposes of standing or travel
"traffic control device" means a sign, including portable 'no parking signs', signal,
line,
meter,
marking,
crosswalk,
space,
barrier,
barricades, or device, placed or erected by authority of the
City
"trailer"
has the same meaning as defined in the Motor Vehicle
Act
"vehicle"
means a device in, on or by which a person or thing is or
may be transported or drawn on a highway, but does not
include a device designed to be moved by human power,
a device used exclusively on stationary rails or tracks,
mobile equipment or a motor assisted cycle
"walkway"
means a path or area intended for pedestrians and non-
motorized traffic only, except that a walkway may be
designed to afford emergency vehicle use
Bylaw No. 3101, 2014
Page 8 of 26
8
4. Interpretation
4.1
Any enactment referred to herein is a reference to an enactment of British
Columbia or Canada, as the case may be, and regulations thereto, as amended,
revised, consolidated, or replaced from time to time, and any bylaw referred to
herein is a reference to an enactment of the Council of the City, as amended,
revised, consolidated, or replaced from time to time.
4.2
Words importing the singular include the plural and vice-versa; and words
importing a male person include a female person and a corporation.
4.3
The headings used in this bylaw are for convenience of reference only and do not
form part of this bylaw, and shall not be used in the interpretation of this bylaw.
GENERAL REGULATIONS
6. Caution in Backing Vehicle
6.1
The driver of a vehicle must not cause the vehicle to move backwards into an
intersection or over a crosswalk, and must not in any event or at any place cause
a vehicle to move backwards unless the movement can be made safely.
7.
Centre Line Marking
7.1
A person operating any vehicle or cycle when traveling on any of the highways so
marked must ensure that such vehicle or cycle keeps to the right hand side of the
marked centre line.
8.
Crosswalks
8.1.
For the better regulation of traffic, the City may mark or cause to be marked any
portion of the highway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by signs, lines, brickwork, concrete pavers, traffic control
devices or other markings on the road surface.
9.
Cyclist Provisions
9.1.
A person operating a cycle on a highway has the same rights and duties as a driver
of a vehicle and
(a)
must not, for the purpose of crossing a highway, ride the cycle on a
crosswalk;
(b)
must not ride the cycle on a sidewalk or walkway;
(c)
must not leave the cycle on a highway or public place in a position which
obstruct the free movement of pedestrian or vehicle traffic, and where a cycle
is found as stated herein, the said cycle may be impounded forthwith;
(d)
must yield the right-of-way to any pedestrian, strollers or wheelchairs.
10.
Debris Removal
10.1.
Every person who removes a wrecked or damaged vehicle from the scene of an
accident on a highway must remove all glass and other debris or substance caused
by the accident from the highway.
Amended by
3101.02
Bylaw No. 3101, 2014
Page 9 of 26
9
11.
Drainage
11.1.
A person must not alter or stop the flow of water through any drain, sewer, ditch or
culvert on any highway.
12.
Driveway Access Permit
12.1.
A person must not alter an existing access to a property or construct a new access
to a property without obtaining a driveway access permit issued by the City for a
fee in accordance with the City's Fees and Charges Bylaw.
13.
Fire Hazards
13.1.
Any Duncan Volunteer Fire Department member, while in the course of duty in or
about a fire or at the scene of any accident, may, in order to expedite traffic or
safeguard pedestrians, direct traffic onto any highway in the vicinity of the accident
or fire scene.
14.
Firearm Discharge
14.1.
A person must not discharge or cause to discharge any firearm within the limits of
the City without written authority from the Council.
15.
Load Secured
15.1.
A person must not operate a vehicle, or combination of vehicle and trailer, on a
highway unless it is so constructed, loaded, or covered so as to prevent any of its
load from dropping, shifting, leaking, or otherwise falling or escaping therefrom.
16.
Medians
16.1.
A person must not
(a)
occupy a median by squatting, kneeling, sitting, or lying down on it;
(b)
stand or walk on a median except while lawfully crossing a street;
(c)
place any structure, tent, object or thing on a median.
16.2.
The City may cause the removal or impounding of any structure, tent, object or
thing found on a median in contravention of this bylaw.
17.
Motorized Wheelchairs
17.1.
Motorized wheelchairs or other mobility assist devices used for medical related
ambulatory assistance
(a)
are permitted on City sidewalks and are treated the same as pedestrians
under this bylaw;
(b)
must not be operated at a speed greater than 3 km/hr. and yield to
pedestrians.
Bylaw No. 3101, 2014
Page 10 of 26
10
18.
Objects or Works on Highways
18.1.
Except as authorized by a street occupancy permit issued by the City, a person
must not
(a)
build, construct, place or maintain, or cause to be built, constructed, placed
or maintained in, on, or over any highway or boulevard, any structure, sign,
building, fence, tent, or thing;
(b)
break, tear up, remove, or otherwise interfere with any sidewalk, curb,
surfacing or subsurface of any highway, or excavate, or cause to be
excavated, on or under any highway or boulevard;
(c)
construct a boulevard crossing, including a curb, ditch or sidewalk crossing;
(d)
change, or cause to be changed, the level of any highway whatsoever;
(e)
obstruct or interfere with the free flow of traffic or attempt to control or detour
traffic on any highway or sidewalk;
(f)
cut, saw, break, split, place or pile firewood, lumber, blocks, stone, debris or
other material or mix mortar or do any act on any highway;
(g)
place a container on a highway, roadway or sidewalk for the purpose of
construction or demolition waste.
19.
Obstruction of Traffic
19.1.
A person must not interfere with any barricade, sign, warning lamp or other traffic
control device, placed by the City on any highway or sidewalk at or near any
excavation, obstruction or work on the highway or sidewalk.
19.2.
A person must not engage in any sport, amusement, exercise, or occupation or in
an unsafe manner on a highway, boulevard, sidewalk or median or stand or loiter
in such a manner as to obstruct, impede or interfere with the passage of vehicles,
cyclists or pedestrians on a highway or sidewalk.
19.3.
A person must not throw or cause or allow to be deposited or tracked from a vehicle
or to flow on a highway or sidewalk, any water, oil, gasoline, grease, soil, glass,
vegetable, fruit, garbage, sand, gravel, rock or any solid or liquid material or other
substance, article or thing.
19.4.
A person must not leave any excavation or other obstruction on a highway or
sidewalk without placing barricades or warning lights.
19.5.
A person must not, unless directed by a traffic control device or City employee,
working on behalf of the City, Fire Chief, or Duncan Volunteer Fire Department
member, Bylaw Enforcement Officer, Peace Officer or RCMP Officer, acting on
behalf of the City, proceed along or lead, ride any animal or drive any vehicle in or
upon, through or over any highway or sidewalk closed to traffic.
19.6.
A person must not place, deposit or leave upon or in any highway, sidewalk or
other public place any cycle, chattel, obstruction, vehicle or other thing that is, or
is likely to be, a nuisance. Without restricting the generality of this section, such
cycle, chattel, obstruction, vehicle or other thing must not be permitted to remain
unmoved or within the immediate vicinity of the said location for a period greater
than twenty-four (24) hours, except by permit.
Bylaw No. 3101, 2014
Page 11 of 26
11
19.7.
A person must not, unless and except as provided for in this bylaw or in any bylaw
of the City, deposit materials or goods on any highway or sidewalk where the
materials or goods hinder or interfere with traffic on, or obstructs the free use of,
the highway or sidewalk.
19.8.
A City Bylaw Enforcement Officer, Peace Officer, or any person duly authorized by
the City, is authorized to
(a) determine whether a vehicle has been abandoned and if that Bylaw
Enforcement Officer, Peace Officer or other duly authorized person is satisfied
that a vehicle has been abandoned, that person may cause the vehicle to be
removed and disposed of in accordance with this bylaw;
(b) cause the removal of any structure, object, substance or thing found on any
sidewalk, highway or boulevard found to be in contravention of this bylaw;
(c) cause the removal and storage of any vehicle parked on any highway or any
other public property that is blocking any driveway or preventing the safe
passage of vehicles or pedestrians;
(d) direct traffic as required for the safe passage of vehicles and pedestrians.
19.9.
A City Fire Chief, Deputy Fire Chief, or any other person duly authorized by the
Fire Chief or Deputy Fire Chief, is authorized to
(a) direct traffic as required for the safe passage of vehicles and pedestrians;
(b) cause to be removed and stored, any vehicle parked on any highway or any
other public or private property that is preventing the safe and efficient fire
fighting capabilities.
19.10.
Where, under this bylaw, a Bylaw Enforcement Officer, Peace Officer, CAO,
Director of Corporate Services, Royal Canadian Mounted Police Officer, contractor
or employee of the City, or other authorized person while working on behalf of the
City, is empowered with the authority to make orders in respect of certain matters,
that power includes the power to rescind, revoke, amend or vary an order made by
him or her, subject to the terms and conditions of this bylaw.
20.
Offence Notice Removal
20.1.
An Offence Notice placed or affixed on a vehicle by a Bylaw Enforcement Officer,
Peace Officer, RCMP Officer, or other City authorized person under this bylaw
must not be removed by any person other than the owner or operator of the said
vehicle.
21.
One-Way Streets
21.1.
All of Jubilee Street between Government Street and Kenneth Street is designated
as a one-way highway for vehicle and cycle traffic proceeding in a northerly
direction.
21.2.
All of Craig Street between Government Street and Ingram Street is designated as
a one-way highway for vehicle and cycle traffic proceeding in a northerly direction.
Bylaw No. 3101, 2014
Page 12 of 26
12
22. Notices, Handbills, Posters or Advertisements on Street Structures
22.1.
A person must not place a notice, handbill, poster or advertisement on a structure
or fixture that is in or on a highway, sidewalk or other public property without City
approval.
22.2.
For the purposes of the City's enforcement of section 21.1 of this bylaw, evidence
that a notice, handbill, poster, or advertisement was placed contrary to the
provisions of section 21.1 may be treated as evidence that the notice, handbill,
poster or advertisement was placed by the person who caused or authorized that
placing.
23.
Parades and Processions
23.1.
Except as authorized by a parade permit issued by the City, a person must not
take part in a parade, or a procession or other demonstration of any kind or nature
or public meeting of any kind or nature, through, in, on, over or above any sidewalk,
highway, public square or public place in the City.
24.
Pedestrians
24.1.
A pedestrian must not walk against a traffic control device.
24.2.
A pedestrian must not run, race, or play in or on any highway or sidewalk or crowd
or jostle any other pedestrians within the City, in such manner as to create
discomfort, disturbance or confusion.
24.3.
Except as permitted by an authorized parade permit, a pedestrian must not stand,
lounge, loiter or assemble on any highway or sidewalk so as to obstruct or prevent
other persons from using the highway or sidewalk for the passage of vehicles or
other pedestrians.
24.4.
A pedestrian or any other person must not expectorate on any City sidewalk.
24.5.
A pedestrian must not jaywalk within the City.
25.
Private Highways and Lane
25.1.
Every person being the owner of any privately owned highway or lane used for the
safe passage of vehicles and pedestrians must maintain the highway or lane in a
clean and fit state.
26.
Reverse Turns or U-turns
26.1.
A vehicle must not be driven or operated by a person in any manner so as to
reverse turn on any highway unless permitted by a traffic control device.
27.
School Traffic Patrols
27.1.
The principal, or other designated person, of a public or private school may appoint
a number of pupils of the school, or other persons, as members of a school traffic
patrol with the power to require vehicles to stop at crosswalks, to assist pedestrians
in crossing highways, in the vicinity of schools by displaying flags or other devices
bearing the word "Stop".
27.2.
Vehicle operators must stop when requested to do so by the display of the
appropriate flags or other devices by members of a school traffic patrol.
Bylaw No. 3101, 2014
Page 13 of 26
13
28.
Sidewalks, Boulevards and Walkways
28.1.
Unless otherwise permitted by an applicable traffic control device, a person must
not
(a)
ride any animal along any sidewalk, boulevard or walkway;
(b)
drive a vehicle along any sidewalk, boulevard or walkway.
29.
Sidewalk Cafes
29.1.
Sidewalk Cafes are permitted on public sidewalks in accordance with the following:
(a)
where a business has street frontage and where a business fronts on two
streets, tables and chairs associated with sidewalk cafes are permitted on
each sidewalk fronting the business;
(b)
sidewalk cafes are only permitted when associated with an immediately
adjacent licenced cafe or restaurant, where the term 'licenced' refers to a
municipal business licence issued for legal operation in the City;
(c)
a minimum width of 1.2 metres (approximately 3.94 feet) of public
sidewalk must be left fully clear and unencumbered;
(d)
tables and chairs associated with the sidewalk cafe must not be placed on
the public sidewalk during the hours that the adjacent cafe or restaurant is
closed;
(e)
tables and chairs, or combination thereof, associated with the sidewalk
cafe must not occupy an area exceeding 3.7m2 (40 sq. ft.) for each street
frontage;
(f)
the operator or owner of tables and chairs associated with sidewalk cafes
must formally indemnify and hold harmless the City, in the form prescribed
by the City, from all potential liabilities and claims that may arise as a
result of the tables and chairs being placed on public sidewalks;
(g)
the operator of the sidewalk cafe must obtain and provide proof of public
liability insurance in an amount set by the City.
(h)
for the purposes of this section sidewalk cafes shall consist of tables and
chairs only.
(i)
A permit being issued by the City.
30.
Sidewalk Merchandise Tables and Display Apparatus
30.1.
Merchandise tables and display apparatus are permitted on public sidewalks
subject to the following:
(a)
where a business has street frontage and where a business fronts on two
streets, tables or apparatus are permitted on each sidewalk fronting the
business;
(b)
merchandise tables and display apparatus must be associated with an
immediately adjacent licenced business, where the term 'licenced' refers
to a municipal business licence issued for legal operation in the City;
Bylaw No. 3101, 2014
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(c)
each merchandise table, display apparatus, or combination thereof, must
not occupy an area exceeding 3.7m2 (40 sq. ft.) for each street frontage,
and no more than 50% of each frontage;
(d)
a minimum width of 1.2 metres (approximately 3.94 feet) of public
sidewalk must be left fully clear and unencumbered;
(e)
the merchandise tables or display apparatus must not be placed on the
public sidewalks during the hours when the adjacent business is closed;
(f)
the owners of the merchandise tables or display apparatus must formally
indemnify and hold harmless the City, in a form prescribed by the City,
from all potential liabilities and claims which may arise as a result of the
merchandise tables or display apparatus being on public sidewalks;
(g)
the operator or owner of the merchandise tables or display apparatus
must obtain and provide proof of public liability insurance in an amount set
by the City;
(h)
A permit being issued by the City.
31.
Skateboards, Roller Skates, Skis, Inline Skates, Play Scooters
31.1.
A person must not operate skateboards, roller skates, skis, inline skates, play
scooters, or any other similar means of conveyance, on the sidewalks, highways,
roadways, or parking lots within the downtown core.
31.2.
Skateboards, roller skates, skis, inline skates, play scooters or other similar means
of conveyance being operated in a manner contrary to this bylaw may be
impounded by the City's Bylaw Enforcement Officers, Peace Officers, the CAO,
contractors or agents.
31.3.
An impoundment fee in accordance with the City's Fees and Charges Bylaw may
be charged to the owner for the return of skateboards, roller skates, skis, inline
skates, play scooters or other similar means of conveyance being operated in the
downtown core.
Amended by
3101.02
Amended by
3101.02
Bylaw No. 3101, 2014
Page 15 of 26
15
33. Speed Limits
33.1.
A vehicle must not be driven or operated by any person
(a)
on a highway within the City at a rate of speed greater than 30 kilometres
per hour except as otherwise marked by a traffic control device;
(b)
on any highway within the City at a rate of speed greater than 30 kilometres
per hour in any School Zone marked by a traffic control device;
(c)
on any highway within the City at a rate of speed greater than 30 kilometres
per hour in any Children Playing Zone marked by a traffic control device;
(d)
on a lane within the City at a rate of speed greater than 20 kilometres per
hour, except as otherwise marked by a traffic control device.
33.2.
Notwithstanding section 33.1(a), a vehicle must not be driven or operated by any
person on the following highways at a speed greater than 40 kilometres per hour
except as otherwise marked by a traffic control device:
(a)
Government Street, except between Boundary Road and Duncan Street;
(b)
Canada Avenue north of James Street;
(c)
Coronation Avenue between Ypres Street and Trunk Road;
(d)
Trunk Road from Duncan Street to Lakes Road.
34.
Street Occupancy Permit
34.1.
A Street Occupancy Permit may be issued by the City for temporary parking of
construction vehicles, unattached trailers and containers on a highway for a fee in
accordance with the City's Fees and Charges Bylaw.
34.2.
Where required by the City, every person to whom a Street Occupancy Permit is
granted must erect, and maintain a good and sufficient fence, railing, or barrier,
around such obstruction, encroachment, excavation or works, and deposit with the
City, a bond set by the City and proof of liability insurance indemnifying the City
against any claim, loss or damage which may be result from such obstruction,
encroachment, excavation or works.
35.
Tires on Vehicles or Trailers
35.1.
Vehicles having wheels, tires or tracks constructed or equipped with projecting
spikes, cleats, ribs, clamps, flanges, lugs or other attachments or projections which
extend beyond the tread or traction surface of the wheel, tire or track, are prohibited
in the City, except when the use of tire chains are required for safety.
36.
Traffic Control Devices
36.1.
Traffic control devices, authorized by the City are for the purpose of giving effect
to the provisions of the Motor Vehicle Act and this bylaw, and may be deemed
necessary for the regulation, direction and control of traffic on any highway,
roadway or sidewalk or boulevard;
36.2.
A person must not drive, operate, stop or park a vehicle or cycle or act in a manner
contrary to that indicated by any traffic control device in the City, except where
Amended by
3101.04
Bylaw No. 3101, 2014
Page 16 of 26
16
directed to do so by a Bylaw Enforcement Officer, RCMP member, City employee,
while working on behalf of the City, or Duncan Volunteer Fire Department member.
37.
Trails
37.1.
Cycles are permitted on trails and roadways in Centennial Park, McAdam Park and
Rotary Park, or any other park operated by the City, provided the persons operating
the cycles give the right of way to pedestrians and provided that the cycle operators
do not ride the cycles off the said trails.
37.2.
A person must not ride a cycle near or on sensitive riparian or planted grass areas.
37.3.
A person must not drive or operate any vehicle or motorcycle on any gravelled or
grassed area on any trail or within any public park within City boundaries except
as permitted by the City.
38.
Trees, Shrubs or Hedges
38.1.
A person must not plant any tree, shrub, bush or hedge at a distance of less than
61 centimetres (approximately 24 inches) from any street line within the City.
38.2.
Every person being the owner or occupier of real property must not allow any trees,
shrubs, bushes or other vegetation to grow in such a manner that it
(a)
encroaches into an adjacent sidewalk, highway, or public place;
(b)
impedes the safe or convenient passage of the public along an adjacent
sidewalk, highway, or public place;
(c)
is injurious to the bed or construction of an adjacent sidewalk, highway or
roadway; or
(d)
visually impairs sightlines of pedestrian or vehicle traffic on the sidewalk or
highway.
39.
A person must not injure or remove any tree, shrub, sapling, plant, flower or grass in any
boulevard, highway, public place or public park, or any park operated by the City without
City approval.
40.
The City may order the removal or cause to be removed or to trim or cause to be trimmed
any trees, shrubs, hedges or bushes growing or standing on lands adjacent to any highway
in the City where in the opinion of the City the safety or convenience of the public so requires
or where any such trees, shrubs, hedges or bushes become injurious to the road-bed, at
the expense of the owners of lands on which they are growing.
PARKING REGULATIONS
41.
Angle Parking
41.1.
On those roadways that have been marked or signed for angle parking by traffic
control devices, the operator of a vehicle must
(a)
park any vehicle at such angle indicated by traffic control devices, and if
marked by lines must park the vehicle parallel to and between such lines;
(b)
park any vehicle in such a manner so that the front of the vehicle is pointed
substantially in the general direction of the movement of traffic on the side
Bylaw No. 3101, 2014
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17
of the roadway on which the vehicle is parked and, where there is a curb,
with the nearest front of the vehicle within 30 centimetres of the curb; and
(c)
not park any vehicle so that any part of the vehicle or any load thereon
extends into the travelled portion of the highway.
42.
Day-use Parking Permits
42.1.
Day-use Parking Permits
(a)
are only valid for parking in excess of the posted time limit on streets in
close proximity to the address shown on the Day-use Parking Permit;
(b)
must be in a form issued by the City;
(c)
expire at midnight on the last day of the period for which the permit was
issued;
(d)
must be placed face-up on the vehicle dashboard and visible through the
vehicle front windshield;
(e)
fees must be paid in accordance with the City's Fees and Charges Bylaw.
43.
Disabled Person's Parking Permit
43.1.
Council designates the Social Planning and Research Council of British Columbia
(SPARC BC) as the organization responsible for issuing and cancelling Disabled
Person's Parking Permits.
43.2.
Parking in any space designated by the City for disabled person's parking is
permitted provided that
(a)
the vehicle displays a Disabled Person's Parking Permit issued by the
Social Planning and Research Council of BC (SPARC BC) or another
organization operating on behalf of SPARC BC or a permit of a similar
nature issued by another jurisdiction;
(b)
the vehicle displaying a Disabled Person's Parking Permit is operated by or
transporting a disabled person;
(c)
the time limit for the vehicle legally parked in the disabled person's parking
space has not expired.
43.3 A vehicle displaying a valid disabled employee parking exemption permit may park
against any traffic control device regulating parking time limits provided that:
(a)
the vehicle displaying the disabled employee parking exemption permit is
operated by or transporting a disabled person;
(b)
the vehicle does not park for more than 8 hours in a 24-hour period; and
(c)
the parking space is not designated by the City for disabled person's
parking or short term 15-minute parking
44.
Paid Parking Permits
Bylaw No. 3101, 2014
Page 18 of 26
18
44.1.
A person must not park any vehicle in a City operated paid parking lot or space
without first obtaining the required paid parking permit or spitter ticket.
44.2.
Paid Parking Permit and spitter ticket fees must be paid in accordance with the
City's Fees and Charges Bylaw.
44.3.
All paid parking permits or spitter tickets must be placed face-up on the vehicle
dashboard and be visible through the vehicle front windshield.
45.
Parallel Parking
45.1.
On those roadways that have been marked or signed for parallel parking by traffic
control devices, the operator of a vehicle must:
(a)
not park any vehicle so that any part of the vehicle or any load thereon
extends into another parking space, except for a vehicle towing a
recreational vehicle;
(b)
not park any vehicle over 30 (approximately 12 inches) centimetres from
any curb.
46.
Residential Parking Permits
46.1.
Residential Parking Permits
(a)
are valid for parking a vehicle in excess of the posted time limit on streets
within one block of the street name shown on the Residential Parking
Permit;
(b)
issued by the City must not be resold;
(c)
must be in a form prescribed by the City;
(d)
fees must be paid in accordance with the City's Fees and Charges Bylaw;
(e)
expire at midnight one year to the day of being first issued.
47.
Stopping, Standing, and Parking Vehicles
47.1.
Except to comply with the directions of a Bylaw Enforcement Officer, Peace Officer,
RCMP Officer or other person duly authorized by the City or otherwise provided in
this bylaw, a person must not stop, stand or park a vehicle, trailer, camper,
recreational vehicle or combination thereof:
(a)
on a sidewalk or boulevard;
(b)
against any traffic control device regulating parking time limits unless
displaying a valid disabled employee parking exemption permit;
(c)
against any traffic control device regulating Micro Car parking spaces;
(d)
in any parking space designated for disabled person's vehicle parking
unless:
i.
the vehicle displays a lawful Disabled Person's Parking Permit issued
by the Social Planning and Research Council of BC (SPARC BC) or
Bylaw No. 3101, 2014
Page 19 of 26
19
another organization operating on behalf of SPARC BC or a permit of
a similar nature issued by another jurisdiction; and
ii.
the vehicle displaying a Disabled Person's Parking Permit is operated
by or transporting a disabled person;
(e)
over 30 centimetres from any curb;
(f)
outside of the painted lines indicating the parallel parking space, except for
a vehicle towing a recreational vehicle;
(g)
outside of the painted lines indicating an angle parking space;
(h)
on any curb painted yellow;
(i)
in a commercial vehicle loading zone, designated by a traffic control device,
without a valid commercial decal or plate;
(j)
in a commercial vehicle loading zone by a commercial vehicle for longer
than the posted time limit;
(k)
in front of any Fire Hall so as to block the street access from fire trucks and
equipment;
(l)
at any place in contravention of a traffic control device prohibiting stopping
or parking;
(m)
on a designated cycle path on any highway;
(n)
in any City block controlled by a parking time limit regulation, cause that
vehicle to be returned to the same block within a 10-hour time period after
the expiration of the original permitted time limit;
(o)
on any highway between the hours of 9:00 p.m. (21:00 hours) and 6:00 a.m.
(06:00 hours) if the vehicle, trailer, camper or combination thereof, weighs
in excess of 4,500 kg GVW or in excess of 8 metres (approximately 26.3
feet) in length;
(p)
facing oncoming traffic;
(q)
in front of a public or private driveway;
(r)
in or on any lane, except:
i.
for commercial vehicles engaged in loading or unloading of materials
for a period of time not exceeding 30 minutes and provided the
commercial vehicle is so placed to leave 3 metres of clear roadway;
or
ii.
where parking is permitted by a traffic control device;
(s)
within 5.0 metres of a fire hydrant measured from a point on the curb or
edge of the highway that is closest to the fire hydrant, or a greater or lesser
distance, if otherwise marked on the curb;
(t)
in such a manner as to obstruct the visibility of any traffic control device;
(u)
on any highway or roadway for a continuous period exceeding 24 hours;
(v)
on either side of a vehicle already stopped or parked at the edge or curb of
Amended by
3101.02
Bylaw No. 3101, 2014
Page 20 of 26
20
a highway;
(w)
alongside or opposite a highway excavation or obstruction when stopping,
standing, or parking obstructs traffic;
(x)
in a taxi zone, as designated by a traffic control device, unless the vehicle
is legally operating as a taxi;
(y)
an unattended taxi in a taxi zone for longer than 10 minutes;
(z)
in a bus stop zone unless the vehicle is a bus as defined in the bylaw;
(aa)
in any City operated parking lot or parking space operated where traffic
control devices indicate that a paid parking permit or spitter ticket is
required, without displaying a valid paid parking permit or spitter ticket for
the said parking lot or parking space;
(bb)
on any highway without displaying proper or valid number plates, including
a valid validation decal;
(cc)
on a highway in a residential area contrary to a traffic control device unless
such person has acquired an authorized Residential Parking Permit, and
such permit being visible through the vehicle front windshield, and the
vehicle being is parked in accordance with the conditions of the permit;
(dd)
on any highway or public place having a gross vehicle weight (GVW)
exceeding 4,500 kg or a length in excess of 8 metres for a consecutive
period longer than five hours;
(ee)
on a highway in such a manner as to obstruct or impede the normal flow of
traffic;
(ff)
idling in excess of one minute; with the exception of the following vehicles:
i.
vehicles idling while passengers are embarking or disembarking;
ii.
vehicles idling because of traffic, weather, an emergency, or
mechanical difficulties over which the driver has no control;
iii.
armoured vehicle, used to transport money or valuables, in which a
person remains to guard the contents, in the course of the loading or
unloading of such money or valuables;
iv.
police, fire, ambulance, or other emergency vehicle in the course of
the performance of police, fire, ambulance or other emergency duties
including training activities, except where idling is substantially for the
convenience of the operator of the vehicle;
v.
a vehicle in the course of assistance in an emergency;
vi.
vehicles engaged in the course of a parade or any other event
authorized by Council or other delegated person;
vii.
vehicles engaged in a mechanical test or maintenance procedure for
which idling is required;
Bylaw No. 3101, 2014
Page 21 of 26
21
viii.
vehicles that must remain idling so as to power a heating or
refrigeration system for the preservation of perishable cargo; and
ix.
vehicles that must remain idling so as to power any tools or
equipment necessary for or incidental to the provision of services by a
municipality or a public utility.
(gg)
on any highway for the principal purpose of
i.
displaying a vehicle for sale;
ii.
advertising, greasing, painting, wrecking, storing, or repairing a
vehicle, except where repairs are necessitated by an emergency;
iii.
displaying signs, or
iv.
selling flowers, fruit, vegetables, sea foods or other commodities or
articles, except as authorized by the Duncan Business Improvement
Area Society or other such approved entity for the purpose of
participating in the downtown Farmers' Market.
47.2.
Where a person has parked a vehicle in a parking space in violation of the
provisions of this bylaw, a separate offence shall be deemed to be committed at
the expiry of each period of time during which the vehicle could have lawfully
parked as indicated by the parking space markings or other traffic control device.
48.
Trailer Left on Highway
48.1.
A person must not leave, or permit to be left, a camper, trailer or recreational
vehicle on a highway unless it is attached to a vehicle and in compliance with this
and other City bylaws.
OFFENCES, PENALTIES, AND ENFORCEMENT
49.
Damages to City Property
49.1.
In addition to all other penalties herein provided, any person causing damage to
any boulevard, sidewalk, highway or other City owned property, or any person
being the owner or operator of any vehicle, which causes damage to any
boulevard, sidewalk, highway or other City owned property, will be responsible for
the cost of repairing such damage.
50.
Offence and Penalty
50.1.
Every person who violates a provision of this Bylaw, or who consents, allows or
permits an act or thing to be done in violation of a provision of this Bylaw, or who
neglects to or refrains from doing anything required to be done by a provision of
this Bylaw, is guilty of an offence and is liable to the penalties imposed under this
Bylaw or any other applicable Bylaw of the City, and is guilty of a separate offence
each day that a violation continues to exist.
50.2.
Any person who contravenes any of the provisions of this bylaw commits an
offence punishable upon summary conviction and is liable to a fine of not less than
$2,000 and not more than $10,000. Each day that an offence continues shall
constitute a separate offence.
Amended by
3101.02
Bylaw No. 3101, 2014
Page 22 of 26
22
50.3.
Any person who is guilty of obstructing a City Bylaw Enforcement Officer, Peace
Officer, the CAO, any Duncan Volunteer Fire Department member, City employee,
while performing his/her duties in relation to this bylaw, or other City authorized
person is liable on summary conviction to a fine of not less than $2,000.00, and
not more than $10,000, in addition to the costs of prosecution.
50.4.
This bylaw may be enforced by the City Bylaw Enforcement Officers, Peace
Officers, the CAO, Royal Canadian Mounted Police Officers.
51.
Removal of Vehicles, Chattels and Human Powered Devices
51.1.
Any:
(a)
vehicle or chattel unlawfully obstructing or unlawfully occupying any portion
of a highway, sidewalk, boulevard, City property, or public place; or
(b)
human powered device, including, but not limited to skateboards, roller
skates, skis, inline skates, play scooter, cycles, or any other similar means
of conveyance obstructing or unlawfully occupying any portion of a
highway, sidewalk, boulevard, City property, or public place;
may on the order of a Bylaw Enforcement Officer, Peace Officer, Fire Chief,
Director of Corporate Services, CAO, Royal Canadian Mounted Police Officer, or
their designates, or other City authorized person be removed and taken to a place
of impoundment as directed by the person issuing the order.
51.2.
A vehicle, chattel or human powered device removed and impounded pursuant to
this bylaw will not be released to its owner until the costs, fines and fees levied by
the City and referenced in section 51.3 have been paid.
51.3.
If a vehicle, chattel or human powered device removed and impounded pursuant
to this bylaw is not claimed by its owner within thirty (30) days of the giving of the
notice of impoundment of the vehicle, chattel or human powered device such
vehicle, chattel or human powered device may be sold at public auction or by
action in a court of competent jurisdiction, or otherwise, and any monies received
on its sale shall be applied, firstly, to the cost of the sale; secondly, to the cost of
the removal and impoundment; thirdly, to the recovery of any monies owed for any
outstanding fines and fees in accordance with the City's Fees and Charges Bylaw,
and finally, pay the surplus, if any, to the person entitled to possession if that
person's identity and location are known.
51.4.
The Director of Finance must apply the surplus referred to in section 51.3 in the
following manner if the identity or location of the person entitled to the surplus in
not known:
(a)
Hold the surplus for one year from the date of the auction or sale;
(b)
Pay the amount of the surplus into the City's General Revenue if the surplus
is not claimed within one year from the date of the auction or sale.
52.
Severability:
50.1
If any part, section, subsection, sentence, clause, or sub-clause, or phrase of this
bylaw is for any reason held to be invalid by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this bylaw.
Amended by
3101.02
Bylaw No. 3101, 2014
Page 23 of 26
23
53.
Repeal:
51.1
"Disabled Persons' Parking Bylaw No. 1527, 1987" and amendments thereto, are
hereby repealed.
51.2
"City of Duncan Anti-idling Bylaw No. 3004" and amendments thereto, are hereby
repealed.
51.3
"Noxious Weeds Control Bylaw, 1976" and amendments thereto, are hereby
repealed.
51.4
Bylaw 1127, 1976 cited as "Street Bylaw, 1976" and amendments thereto, are
hereby repealed.
READ A FIRST TIME 2014-MAR-17
READ A SECOND TIME 2014-MAR-17
READ A THIRD TIME 2014-MAR-17.
ADOPTED 2014-APRIL-22.
Mayor Phil Kent,
Karen Robertson,
Director of Corporate Services
Bylaw No. 3101, 2014
Page 24 of 26
24
Exhibit "A"
Streets and Parking Regulations Bylaw No. 3101, 2014
Example of a City Block
Bylaw No. 3101, 2014
Page 25 of 26
25
Exhibit "B"
Streets and Parking Regulations Bylaw No. 3101
Downtown Core