Streets, Traffic and Parking Bylaw No. 863, 2024

Elkford, British Columbia · adopted 2024-01-01

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 0ad6b4ccf4ad · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

DISTRICT OF ELKFORD A Bylaw for the regulation of public streets and sidewalks in the District of Elkford. Council to regulate and prohibit the use of highways and parking; WHEREAS the Community Charter, Local Government Act and the Motor Vehicle Act, which authorize Streets, Traffic and Parking Bylaw No. 863, 2024 NOW THEREFORE, the Council of the District of Elkford in open meeting assembled enacts as follows: 1. TITLE ## This Bylaw shall be cited as "Streets, Traffic and Parking Bylaw No. 863, 2024." 2. DEFINITIONS In this Bylaw, unless the context requires: BOULEVARD means as defined in the Motor Vehicle Act. BYLAW ENFORCEMENT OFFICER means a person authorized by Council for the District of Elkford to enforce the provisions of this Bylaw. CHATTEL means any article of movable, personal property other than a Vehicle. COUNCIL means the Municipal council of the District of Elkford. CROSSWALK means as defined in the Motor Vehicle Act. parking area. Works of the District. DISTRICT means the District of Elkford. HIGHWAY means as defined in the Motor Vehicle Act. LOADING ZONE means that portion of a Highway designated by a Traffic Control Device for the exclusive use of vehicles loading and unloading of passengers or property. MOTORIZED SCOOTER means a Vehicle that is used to facilitate the transport, in a normally seated orientation of a person with a physical disability. MULTI-USE PATHWAY means a paved or unpaved portion of a Highway, intended for the mixed use by Pedestrians, bicycles, and may be accessible for persons using Motorized Scooters. OPERATOR means a Person who is in possession of, drives or operates a Vehicle, whether or not the Owner. OWNER means: a. with respect to any real property, has the same meaning as in the Community Charter; b. with respect to a Vehicle, has the same meaning as in the Motor Vehicle Act; and c. with respect to a Chattel, means the lawful owner of moveable property. PARK means the standing of a Vehicle, whether occupied or not, upon the Street, other than the temporary standing of a Commercial Vehicle for the purpose of and while actually engaged in loading or unloading merchandise at the front entrance of a place of business, where there is no Loading Zone available and no facilities for loading or unloading at the rear entrance of the place of business, or the standing of a Vehicle in compliance with a Traffic Control Device or a Traffic Control Person. PEDESTRIAN means a person on foot, or using a device including a manual wheelchair, electric wheelchair and Motorized Scooter that is used to facilitate the transport, in a normally seated orientation of a person with a physical disability. SIDEWALK means as defined in the Motor Vehicle Act. SPECIAL EVENT PERMIT means a permit issued in accordance with section 5 of this Bylaw. STREET means the travelled portion of a Highway; TEMPORARY CLOSURE PERMIT means a permit issued in accordance with section 5 of this Bylaw. TRAFFIC means as defined in the Motor Vehicle Act. TRAFFIC CONTROL DEVICE means as defined in the Motor Vehicle Act. TRAFFIC CONTROL PERSON has the meaning ascribed in the Motor Vehicle Act and includes, but is not limited to, a member of the R.C.M.P., Fire Rescue and Emergency Service Department, B.C. Ambulance Service and persons who have received approved training, passed an examination, and are certified as per the Ministry of Transportation and Infrastructure's Traffic Management Manual for VEHICLE means as defined in the Motor Vehicle Act. 3. GENERAL REGULATIONS 3.1. Unless otherwise indicated on a Traffic Control Device, no person shall operate a Vehicle on any Highway at a speed greater than forty (40) kilometres per hour. 3.2. While on duty and undertaking work on or within a Highway, the Operators of Vehicles from following organizations shall be exempt from the provisions of this bylaw unless otherwise expressly provided for in this bylaw: a. R.C.M.P.; b. District of Elkford; C. e. f. - Control Person, Director of Fire Rescue and Emergency Services or designate, or Director of Engineering and Public Works or designate, in the performance of their duties, or refuse to comply or delay in complying with any direction by such person. Street. - 3.6. No person shall sleep in any parked Vehicle or trailer on a Highway between the hours of 11:00 p.m. and 5 a.m. - 3.7. No person shall deposit, place, or cause or allow snow or ice from their property to be placed or deposited on any Highway adjacent to their property. or deposited on any Sidewalk, or Multi-Use Pathway. - 3.9. No person shall deposit, place, or cause or allow snow or ice from their property to be placed or deposited on any District property. deposited on any Highway adjacent to their property, or onto any Sidewalk, or Multi-Use underway. - Highway within the District without first obtaining permission in writing from the Director. - Search and Rescue service providers; Provincial and/or federal agencies; 3.12. No person shall place any debris, object or other material, or do any act upon any Highway which will obstruct or impede traffic thereon or damage or deface a Highway. 3.13. No person shall cause, permit or acquiesce in the discharge, leak or emission of any - Vehicle onto any Highway. - projections which extend beyond the tread or traction surface of the wheel, tire or tract, upon any Highway in the District, that will cause damage to such Highway. - 3.15. Between October 1 and April 30 of every year, section 3.14 does not apply to vehicles equipped with what is normally referred to as studded tires, in compliance with the provisions of the Motor Vehicle Act Regulations. - this bylaw as the Operator of a Vehicle. 3.17. No person shall plant any tree, nor shall any person remove, cut down, or injure any tree - the Director. - District, without written approval from the Director or as otherwise permitted by works - 4.1. The Director is authorized to erect, remove or alter any temporary or permanent Traffic Control Device to control the parking, standing or movement of Vehicles, Pedestrians and devices designed to be moved by human power on Highways. - with the directions, prohibitions or conditions contained in or appearing on any Traffic Control Device. - any sign, signal, or other device which purports to be, or is in imitation of, or resembles a Traffic Control Device, which attempts to direct the movement of traffic or the parking of vehicles, or which hides from view any traffic sign or traffic signal authorized by this Bylaw or - 4.4. No person shall mark or deface, damage or interfere with any Traffic Control Device. 4.5. No person shall mount another sign to a post of a Traffic Control Device. 5. SPECIAL EVENT AND TEMPORARY CLOSURE PERMITS 5.1. Except as specifically authorized by the Director through issuance of a Special Event Permit Highway for the purpose of the following: ## (a) Parades; (b) (C) (d) (e) (f) (f) - sporting events; festivals; - demonstrations; - development projects; any other action or activity which may hinder the lawful movement of Vehicles or - Pedestrians. - 5.2. Application for a Special Event Permit or Temporary Closure Permit shall be made in - writing to the Director by the organizer, or representative at least 7 days before the activity commences. 5.3. - nature of the activity, the day and the hour of commencement, the place or places of commencement, the route, and the name and contact details of the organizer. to: a. C. d. e. f. 5.6. The Director may refuse to issue a Special Event Permit or Temporary Closure Permit if - movement of Pedestrians and Vehicles on a Highway. - District to appear as a delegation before Council. - Timing; Route; 5.8. 6. 5.9. STOPPING AND PARKING R.C.M.P., and Ambulance Unit Chief prior to the event being held. A copy of each Special Event Permit shall be delivered by the organizer to the Fire Chief, 6.1. Except as set out in section 6.2, no person shall Park any Vehicle, in, along, or upon any Highway or property owned by the District unless specifically authorized by a Traffic No person shall drive or operate a Vehicle in such a way that obstructs or interferes with the a. b. C. 5.10. During the term of a Temporary Closure Permit, the Director is authorized to adjust the e. - within 7.6 meters of a traffic sign located at the intersection of a Street or corner curb g. m. n. 0. p. - within 7.6 meters of a crosswalk; on any Sidewalk; on the side of a Street in the opposite direction to the flow of travel on that side of the Street; - commonly referred to as "double parking"; on either side of the street in front of the driveway entrance to any Fire Hall or police - repairs necessitated by an emergency; - unless approved in writing by the Director; - November 1 to March 31 inclusive. - 6.2. Notwithstanding section 6.1 to the contrary, within the area identified as "Downtown Core" - adjacent to a curb painted yellow; a. ection 6.1.p shall not apply; 7. NOISE 7.1. No person shall sound a horn or instrument other than for the purpose for which it is raffic Control Device may specify parking time limits or restrictions within a specified area. attached to a motor vehicle. 6.3. 7.2. 8. WEIGHT AND SIZE - as permitted under section 8.2 no person shall drive or operate on any Highway: a. A Vehicle with a height, length or width in excess of that as permitted by the Motor Vehicle Act and Commercial Transport Act. - expressly limited as to maximum height, length or width of a vehicle or load by a Traffic Notwithstanding any of the provisions of this Bylaw, no person shall, without a permit issued 8.2. ## 8.3. - axles, or a gross vehicle weight, in excess of any load limit as may be indicated by a Traffic 9. VEHICLE IMPOUNDMENT 9.1. The Director, a peace officer, Bylaw Enforcement Officer, or any person acting under their instructions are authorized to remove, detain and impound any vehicle unlawfully occupying - regulations of this Bylaw. 9.2. Any Vehicle removed pursuant to this section shall be impounded at a place designated for vehicle or cycle impoundment by the Director. 9.3. The Owner of a Vehicle removed or impounded under this section must pay to the District - before the Vehicle will be released to the Owner including but not limited to: a. A removal fee equivalent to the actual cost of removal including towing fees; - impounded. - mailing of a notice to the Owner by registered or certified mail, be sold at public auction and the fees prescribed herein deducted from the proceeds of sale returned to the Owner. 10. OFFENCE - anyone so authorized by the Director and the foregoing persons are empowered to do all contravenes any of the provisions of this Bylaw; - neglects or fails to do anything required to be done by any of the provisions of this a fine and penalty of not more than or less than as described in the Municipal Ticket Information Bylaw; a fine and penalty of not more than $10,000.00 and not less than $300.00 for each b. C. a. b. - Officer or other person empowered to enforce this Bylaw. - with regard to the Vehicle, notwithstanding that, the Vehicle was unattended or in Stephen Fairbairn, Mayor possession of another person, unless it is proven that the person in possession of the Vehicle Chantel Dawson, Director of Corporate Services was not a person entrusted by the owner with possession. 11. SEVERABILITY If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion may be severed and the remainder of this bylaw is deemed to have been adopted without the severed 12. REPEAL repealed. The District of Elkford Traffic and Streets Bylaw No. 425, 1994 and all amendments thereto are hereby READ A SECOND TIME this 22nd day of January, 2024. READ A THIRD TIME, AS AMENDED, this 11th day of March, 2024. ADOPTED this 8' day of July, 2024.