Highways, Traffic and Parking Regulations Bylaw No. 1321, 2005 (consolidated to 2014)
Kent, British Columbia
· No. 1321
· adopted 2005-08-08
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot 34bef8ec5862 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Highways, Traffic, and Parking Regulation
Bylaw No. 1321, 2005
CONSOLIDATED FOR CONVENIENCE ONLY
EFFECTIVE DATE:
October 27, 2014
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 interpretation and
application of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
No. 1353
October 10, 2006
No. 1415
March 23, 2009
No. 1490
February 12, 2013
No. 1515
October 27, 2014
Consolidated Bylaw No. 1321
Page 2
THE CORPORATION OF THE DISTRICT OF KENT
BYLAW NO. 1321
"A bylaw to regulate traffic, parking and
the use of all public streets, boulevards and
sidewalks within the District of Kent ."
WHEREAS the Municipal Council of the Corporation of the District of Kent, in open meeting
assembled ENACTS AS FOLLOWS:
1.
Interpretation/Definition:
a)
Words defined in the "Motor-Vehicle Act" and regulations thereto shall have the
same meaning when used in this bylaw unless otherwise defined in this bylaw or
unless the context otherwise requires.
b)
In this bylaw, unless the context otherwise requires:
"Bicycle" shall have the same meaning as the word "cycle" in Part 3 of the
"Motor Vehicle Act;
"Boulevard" means the portion of a highway not occupied by the roadway or
sidewalk and includes planting, surface finishing or treatment.
"Bylaw Enforcement Officer" means a person appointed from time to time by
the Municipal Council of the District for the purpose of enforcing and carrying
out the Provisions of the Bylaw, and shall include any Assistant Bylaw
Enforcement Officer so appointed.
"Chattel" means and includes any property, movable or immovable, except real
estate, and whether of any tangible value or not;
"Chief of Police" means the non-commissioned officer in charge of the local
detachment of the Royal Canadian Mounted Police;
"Council" means the Council of the Corporation of the District of Kent;
"District" means the Corporation of the District of Kent.
"District Superintendent" means the District Engineer or Works Foreman or
any other official or person of the District, for the time being authorized to carry
out the duties of the said District Superintendent, under the provisions of this or
any other bylaw of the District;
Bylaw No. 1415
and
Bylaw No. 1515
Consolidated Bylaw No. 1321
Page 3
"Extraordinary Traffic" shall have the same meaning as defined in the
"Highway Act";
"Highway" means:
(a)
every highway within the meaning of the Transportation Act,
(b)
every road, street, lane or right of way designed or intended for or
used by the general public for the passage of vehicles, and
(c)
every private place or passageway to which the public, for the
purpose of the parking or servicing of vehicles, has access or is
invited.
"Loading Zone" means the area or space on a highway designated by Council for
the loading or unloading of materials or passengers;
"Owner" as applied to a vehicle, means:
(a)
the person who holds the legal title to the vehicle and whose name
the vehicle is registered; or
(b)
a person who is lessee or a mortgagor and is entitle to be, and is,
in possession of a vehicle.
"Permit" means the written authority granted pursuant to this bylaw for the
temporary use of and/or alteration/modification of District property, highway
and/or right-of-way(s).
"Skateboard" means a short narrow board having a set of four wheels mounted
under it, ridden in a standing or crouching position and often used to perform
stunts.
"School Patrol" means any person authorized by the authority in charge of the
schools to engage in directing the safe use of crosswalks;
"Traffic Officer" means any official or employee of the District whose designate
duties as provided by Council includes the regulation or control of traffic within
the District and shall include, as well, all Peace Officers.
"Vehicle" means the interpretation given in the Motor Vehicle Act and includes
motor vehicle and motorcycle, as defined in that Act.
2.
Application:
a) The provisions of this bylaw do not apply to persons, vehicles, and to other
equipment while actually engaged in highway construction or maintenance work
upon under or over the surface of any highway while at the site of the work but do
apply to them when travelling to or from the site of the work.
Bylaw No. 1490
February 12, 2013
Consolidated Bylaw No. 1321
Page 4
b)
A person riding an animal or driving an animal-drawn vehicle upon a highway
has all the rights and is subject to all duties that a driver of a vehicle has.
3.
General Regulations:
a)
(i)
For a contravention of any of the provisions of this part, an information
may be laid and summons issued by means of a traffic ticket in accordance
with the provisions of the "Motor Vehicle Act" instead of the procedure
set out in the "Offence Act".
(ii)
Traffic tickets used in the District of Kent shall conform to the regulations
made by the Lieutenant-Governor-in-Council pursuant to the provisions of
the "Motor Vehicle Act".
(iii)
No person, other than the owner or operator of a vehicle, shall remove any
notice placed thereon or affixed thereto by any person in the course of his
lawful duties in checking violations of this bylaw.
(iv) Permit fees shall be set out in accordance with the current Fees and
Charges bylaw.
b)
It shall be unlawful for any person to ride or drive a motorcycle, moped motor
vehicle or vehicle on any boulevard or within any school grounds, parks or
playgrounds.
c)
The Council may, by resolution, designate any street or portion of any street on or
along which buses may be operated.
d)
The District Superintendent, Traffic Officer, or a Peace Officer is hereby
empowered to remove, detain or impound; or to authorize the removal, detention
or impounding of any vehicle, chattel, or obstruction unlawfully occupying any
portion of any highway, sidewalk or boulevard, District property or public place.
All costs and charges for the removal, care and/or storage shall be paid by the
owner of such vehicle and are a lien on such vehicle in favour of the owner or
operator of any repair shop, garage, or storage place in which the vehicle is
stored.
e)
A vehicle removed to an impoundment will not be released to its owner until the
cost of its removal and impoundment is paid. If such impounded vehicle is not
claimed by its owner within 14 days of the giving of the notice of the impounding
of the vehicle, such vehicle may be sold at public auction and any monies
received on its sale shall be applied;
1) firstly, to the cost of the sale;
2) secondly, to the cost of the removal and impoundment of the vehicle; and
3) thirdly, to the recovery of any monies owed for any outstanding fines levied
under this Bylaw.
Bylaw No. 1490
February 12, 2013
Consolidated Bylaw No. 1321
Page 5
The surplus, if any, shall be sent by registered mail to the registered owner of the
vehicle at the address shown for such owner in the records of the Superintendent
of Motor Vehicles. Notice shall be given to the owner of every vehicle
impounded under this section of the intention to sell such vehicle on the date set
out in the notice by mailing the notice by registered mail to the owner at the
address of such owner as shown in the records of the Superintendent of Motor
Vehicles at the date of impoundment.
f)
Metric units are used for all measurements in this bylaw. The approximate
equivalent of those units in currently used units of Canada measure are shown in
brackets following each metric measurement and such bracketed figures are
included for convenience only and do not form part of this bylaw.
4.
Traffic Control Devices and Signals:
a)
All traffic control devices placed or erected prior to the adoption hereof shall
continue to have force and effect until or unless subsequently altered, removed, or
revoked.
b)
Except with the approval of Council, no person shall place, maintain, or display
upon or in view of any highway, any sign, signal, mark, or device purporting to
be, imitating, or resembling any traffic-control device, or which attempts to direct
the movement of traffic or the parking of vehicles.
c)
(i)
The District Superintendent shall on any highway where construction,
reconstruction, widening, repair, marking or any other work is being
carried out by district crews and/or persons working under contract for the
District, place or erect, or cause to be placed or erected, traffic-control
devices indicating that men and/or equipment are working upon the
highway.
(ii)
The District Superintendent or Peace Officer may, on any highway,
place, erect or cause to be placed or erected traffic-control devices to
regulate or prohibit traffic where deemed necessary to ensure the orderly
movement of traffic, or to prevent injury or damage to persons or property
or to prevent injury or damage to the highway and where such traffic-
control devices are so placed or erected they shall have the same force and
effect as if placed or erected by resolution of Council.
d)
Every driver or pedestrian shall obey the instructions on or indicated by any
traffic-control device placed in accordance with this or any bylaw of the District
or resolution of the Council, unless otherwise directed by any Peace Officer.
Consolidated Bylaw No. 1321
Page 6
e)
The District Superintendent is hereby authorized and empowered to establish or
alter as necessary the time interval for the change of the lights of all traffic control
signal lights, and to vary such time interval from time to time as he may consider
expedient in the interest of safety and with a view to avoiding traffic congestion at
such intersection.
5.
Traffic Regulation:
a)
Except with the approval of Council, no person shall place or cause or suffer to
be placed by any person in his employ or control, any merchandise, vehicle,
chattel or wares of any nature on any highway, sidewalk or boulevard for the
principal purpose of sale or display or for measuring, packing or unpacking wares
or merchandise or for any other purpose whatsoever other than provided for under
Section (2).
b)
No person shall deliver or pick up any goods, wares or merchandise or fuel across
any boulevard except by way of a loading or commercial zone, a lawfully
established curb-crossing, or a temporary boardwalk laid across the boulevard for
its protection.
c)
No person shall leave any vehicle unattended on any highway if the vehicle has
been placed on a jack or jacks.
d)
No person other than a Peace Officer engaged in the lawful execution of his duty
shall use, interfere, or tamper with any vehicle or any of its accessories or
anything placed therein or thereon without the consent of the owner.
e)
No person shall perform or engage in any activity upon or near a highway that is
likely to distract, startle, or interfere with users of the highway.
f)
(i)
No person or persons shall congregate on any highway, sidewalk or
boulevard in such a manner as to obstruct, impede or interfere with the
free passage of pedestrians and/or vehicles, except with the written
permission of the Council or Chief Administrative Officer. This clause
shall not be construed as prohibiting the assembling of persons to watch a
lawful parade.
(ii)
No person shall do anything which will attract the attention of persons and
cause them to congregate in a group upon any highway in such a manner
as to obstruct, impede or interfere with the free passage of pedestrians or
vehicles, or behave in such a manner that the persons so congregated may
be in danger of injury from traffic, except with the written permission of
the Council or Chief Administrative Officer.
Consolidated Bylaw No. 1321
Page 7
(iii)
No person shall leave any animal abandoned or tethered on any highway,
sidewalk or boulevard.
g)
(i)
No procession, other than a funeral procession, shall be held on any
highway unless one person, designated as parade-marshal/organizer, has
made application for and received a written permit for such procession or
parade.
(ii)
Application for such procession or parade shall be made in writing to the
Council or the Chief Administrative Officer by the marshal/organizer at
least 48 hours before such procession or parade is due to commence.
(iii)
The Council or Chief Administrative Officer may issue a permit for a
procession or parade, subject to any terms that they may impose as to
time, route, or otherwise and a copy of said permit shall be delivered to the
local detachment of the RCMP.
(iv)
To identify a funeral procession, each vehicle therein shall have its
headlamps lighted.
(v)
The route taken by the funeral procession may be subject to the direction
of the non-commissioned officer in charge of the local detachment of the
RCMP, the District Superintendent, or the Chief Administrative Officer.
h)
No person shall drive or operate a snow vehicle or snowmobile on a highway,
park, school ground, sidewalk, or boulevard.
6.
Operations of Vehicles:
a)
No person shall ride, drive or lead any animal save and except household pets, or
move, drive, run or propel any vehicle (except light carriages or chairs for the
conveyance of children or invalids) along, over, or across any sidewalk or
boulevard except at:
(i)
Lane crossings or sidewalk crossings specially constructed for vehicular
traffic.
(ii)
Locations for which a valid and subsisting permit in writing has been
granted by the District Superintendent or Chief Administrative Officer
and then subject only to the conditions contained in such permit.
The District Superintendent or Chief Administrative Officer may, as one
of the conditions of such permit, require that security be furnished to an
amount satisfactory to him, guaranteeing the replacement of the sidewalk
or boulevard to its original condition in case of damage thereto.
Consolidated Bylaw No. 1321
Page 8
(iii)
The driver of any slow-moving vehicle shall drive such vehicle as close as
possible to the right-hand curb line of any street.
(iv)
The driver of any vehicle emerging from any lane, driveway or building
shall stop such vehicle immediately prior to driving on or across any
sidewalk or boulevard extending to or across such lane, driveway or
building entrance.
(v)
No person shall, within the District of Kent, operate any calliope,
loudspeaker or other noise making devices for advertising or other
purposes unless that person holds a valid and subsisting permit for that
purpose in writing from the Council or Chief Administrative Officer, a
copy whereof has been deposited by that person with the Chief of Police.
(vi)
Whenever authorized signs are erected indicating a zone of quiet, no
person operating a motor-vehicle within such zone shall sound the horn or
other warning device of said vehicle except in an emergency.
(vii)
No person shall ride on the outside of any vehicle while it is in motion.
This clause shall not apply to motorcycles or to vehicles of the Fire
Department.
7.
Use of Highways:
a)
No person shall use any highway for any purpose other than that of lawful traffic,
except with the permission of the District Superintendent or Chief
Administrative Officer.
b)
(i)
No person shall use any highway, sidewalk or boulevard for the purpose
of storing any material or substance except with the written permission of
the District Superintendent or Chief Administrative Officer.
(ii)
Any person who attempts to prevent the impounding of any vehicle or
other chattel or in any manner interferes with the impounding of any
vehicle or chattel shall be deemed to be guilty of any infraction of this
bylaw and shall be liable to the penalties provided therein.
c)
No person shall engage in selling or displaying any article or thing on any
sidewalk or boulevard except with the written permission of the Municipality.
d)
No person shall break, tear up or remove or otherwise interfere with any sidewalk,
boulevard, curb or surfacing of any street, or under any street without having first
obtained the written permission of the District Superintendent and any person
acting under authority of any such permission shall carry out any such works
under the direction and supervision of the District Superintendent and shall
upon completion of the work, refill and thoroughly consolidate any excavation,
Consolidated Bylaw No. 1321
Page 9
and put the street in such state of repair as shall be satisfactory to and meet with
the specifications of the District Superintendent.
e)
The Council or an official authorized by Council for this purpose may grant to
any person upon application therefore, a permit to construct or alter a sidewalk
crossing in accordance with the particulars of the proposed construction set out
therein and the work shall be carried out in compliance with such permit to the
satisfaction and subject to the direction of the District Superintendent.
f)
No person shall construct or reconstruct any sidewalk, curb or roadway on any
street except with the written permission of the District Engineer or Chief
Administrative Officer.
g)
(i)
The person to whom permission is granted to any work upon any
street, shall construct and maintain a good and sufficient fence or other
barrier around the work so being done, in such a manner as to prevent
accidents and shall place and maintain upon such barrier suitable and
sufficient warning sings and at night, suitable lights and/or flares. All
work done under authority of such permission and all precautions taken
for the protection of the public shall be subject to the direction and
supervision of the District Superintendent and any instructions issued by
him shall be carried out. The person to whom such permission is given
shall forthwith and before any work is commenced furnish to the District
a bond of indemnity in such amount as Council may determine whereof
he, his heirs, executors, administrator, successors and assignees agree to
save harmless the District of Kent from and against all loss, costs, charges,
claims, damages and expenses which the District may at any time or times
hereafter bear, sustain, suffer or be put to for or by reasons or on account
of any action committed by "X", his employees, servants, and agents in
connection with such work.
(ii)
In the event that the fence or barrier so erected or any of the warning
signs, lights and/or flares attached thereto or placed thereon are for any
reason destroyed or fail or collapse from any cause whatsoever, the
District Superintendent may, for the protection of the public authorize a
District employee to effect temporary repairs thereto, but such action shall
not relieve the person originally responsible for the erection of such fence
or barrier, and the placing thereon of warning signs, lights, and/or flares
from full responsibility therefore, and he shall indemnity and save
harmless the District in the manner prescribed by clause (a) above from
all loss or damage incurred by and to any person or persons as a result of
the defective nature of such fence or barrier and of nay warning sings,
lights and/or flares attached thereto or placed thereon. All costs and
charges being incidental to effecting the repairs aforesaid shall be borne
by the person to whom the original permit was granted.
Consolidated Bylaw No. 1321
Page 10
h)
No person shall hold a tag day or otherwise solicit for donations of money or in
kind or for material assistance, upon a sidewalk or boulevard except with written
permission of the Council or Chief Administrative Officer.
i)
Any permit granted under the provisions of this bylaw shall be subject to
all the terms and conditions upon which such permit was granted and it
shall be an offence against the provisions of the bylaw for any person to
act upon any such permit except in compliance with such terms and
conditions. All permits granted under the provisions of this bylaw shall be
revocable by the Council and the Council is hereby empowered to revoke
the same.
8.
Stopping/Standing/Parking:
a)
Parking Prohibitions:
(i)
Except when necessary to avoid conflict with traffic or to comply with the
law or the directions of a Peace Officer or traffic control device, no person
shall stop, stand or park a vehicle:
(1)
in any space or area where the adjacent curb, sidewalk or road
surface has been painted or marked with a solid yellow painted
line;
(2)
on any highway less than 10 meters (30 feet) wide for any period
longer than is necessary for the expeditious loading or unloading of
passengers or materials.
ii)
No driver shall park any vehicle or any combination of vehicles in an
angle parking space if such vehicle or combination of vehicles has a length
of 6 metres (20 feet) or more.
iii)
No person shall park any utility or boat and/or house trailer on any
highway unless attached to a vehicle by which it may be moved or
propelled, and when so attached the trailer shall be deemed a part of the
vehicle and subject to the regulations governing vehicles;
iv)
(1)
No person shall park any house trailer or vehicle with a gross
vehicular weight of 4500 kilograms (10,000 pounds) or more on
any highway for more than two (2) hours.
(2)
Overnight parking on the street, of recreational vehicles under
4500 kilograms(10,000 pounds) is prohibited.
Consolidated Bylaw No. 1321
Page 11
v)
Notwithstanding clause (vii), no person shall park any commercial or
industrial trailer or vehicle, or combination thereof, with an actual or
licensed gross vehicular weight of 4500 kilograms (10,000 pounds) or
more or suffer any such vehicle or trailer of which he is the owner or
which is in his possession or control to be or remain parked on any
highway abutting on any areas zoned for residential uses under the current
District of Kent Zoning Bylaw.
vii)
(1)
No person shall park overnight any commercial or industrial
trailer or vehicle or combination thereof with an actual or licensed
gross vehicular weight of 4500 kilograms (10,000 pounds) or more
on any highway other than those areas zoned for transportation,
industrial or wholesale commercial uses under the current District
of Kent zoning Bylaw and those highways designated for truck
parking only pursuant to sub-clause (2) of this clause
(2)
Council may, by resolution, designate all or any part of any
highway for truck parking only.
viii)
No driver of any vehicle shall stop such vehicle:
(1)
in any loading zone except for the purpose of loading or unloading
passengers or goods;
(2)
in any passenger zone except for the purpose of loading or
unloading passengers.
ix)
No driver of any vehicle shall stop such vehicle:
(1)
in any loading zone for a period exceeding three (3) minutes for
the loading or unloading of passengers or for a period exceeding
ten (10) minutes for the loading or unloading of materials;
(2)
in any passenger zone for a period exceeding three (3) minutes for
the loading or unloading of passengers;
(3)
notwithstanding anything contained in this section, no driver of
any vehicle other than a commercial vehicle shall stop in any
commercial loading zone and then only while actually engaged in
loading or unloading goods and in any event for a period not
exceeding ten (10 minutes).
x)
No driver of any vehicle shall stop or stand such vehicle:
(1)
within 6 metres (19.69 feet) of the approach to any flashing
beacon, stop sign or traffic control signal located at the side or a
roadway.
Consolidated Bylaw No. 1321
Page 12
(2)
at a place in contravention of a traffic control device prohibiting
stopping:
(3)
in or upon any lane except;
(i)
for commercial vehicles engaged in loading or unloading
of materials; or
(ii)
where parking is designated by sign or road markings;
(4)
on a crosswalk;
(5)
within 6 metres (19.69 feet) of either side of a crosswalk;
(6)
on any highway at intersections where buses stop for the purpose
of allowing passengers to enter or alight therefrom, at a lesser
distance than 30 metres (98.43 feet) from the near boundary of the
intersecting highway, measured along that side of the highway
where such bus stop is situated;
(7)
within 5 metres (16.41 feet) of a fire hydrant measured from a
point in the curb or edge of the roadway which is closest to the fire
hydrant.
(8)
within 15 metres (49.22 feet) of the nearest rail of a railway
crossing;
(9)
within an intersection, except as permitted by a sign
(10)
within 6.0 metres (19.69 feet) of the property line of any
intersecting street excepting lanes;
(11)
in front of, or within 1.5 metres (4.92 feet) of the near side of, or
1.5 metres (4.92 feet) of the far side of a private road, or public or
private sidewalk crossing, or the property line of any intersecting
lane;
b)
Parking Restrictions:
(i)
Except in the case of any vehicle so mechanically disabled as to prevent
the moving of same, no person shall park such vehicle on any highway
other than in the following manner:
(1)
Upon any highway which has been marked with a sign indicating
one-way traffic only, the driver of a vehicle shall park the vehicle
with the front thereof pointing in the authorized direction of travel
and parallel to the curb, not more than 30 centimetres (12 inches)
from the curb.
Consolidated Bylaw No. 1321
Page 13
(2)
No person shall park a vehicle at a place where sings indicate that
angle parking is permitted other than at an angle indicated by
parking lines marked on the highway with the right front wheel of
the vehicle not more than 30 centimetres (12 inches) from the curb.
(3)
Where parking lines have not been marked on the highway or are
not visible, the driver of a vehicle shall park parallel to the curb
and with the wheels thereof not more than 30 centimetres (12
inches) from the curb.
Notwithstanding (1), (2) and (3) no person shall park such vehicle on any
highway in such manner as to impede or obstruct the flow of traffic.
(ii)
Council may, by resolution, designate any place in or on any highway as
a passenger or loading zone subject to the following:
(1)
Unless such resolution limits the hours during the day when said
zones shall be effective, they shall be in effect for the full twenty-
four (24) hours of each day.
(2)
Traffic signs indicating or marking such zones shall be erected or
placed and maintained under the supervision of the District
Superintendent.
(3)
Time limitation, if any, established pursuant to sub-clause (1) shall
be indicated on the traffic sign so erected.
(iii)
Stop/Yield Signs:
Council may, by resolution:
(1)
Designate speed limits of less than, or in excess of 50 kilometres
per hour (approximately 30 miles per hour), and in so doing may
establish such limits according to areas or zones in the
municipality, and according to widths, amount of traffic otherwise,
(a)
Signs displaying the speed limits designated in sub-clause
(1) shall be displayed in accordance with standard highway
regulations.
(2)
Designate certain highways or parks of highway as "through"
highways or "yield' highways and may add, remove, or otherwise
alter such designations.
Consolidated Bylaw No. 1321
Page 14
(a)
Signs displaying the word "Stop" or "Yield" shall be
displayed on each highway at the locations designated in
sub-clause (2).
(iv)
No person shall park a vehicle:
(1)
on a highway for the principle purpose of displaying a vehicle for
sale;
(2)
on any portion of a highway for a longer period of time than that
indicated on any traffic sign applicable to that portion of the
highway where the vehicle is parked;
(3)
in any public park or school ground between the hours of 3:00
a.m. and 6:00 a.m.;
(4)
on a highway without displaying proper or valid number plates,
including a valid validation decal;
(v)
A person must not move a vehicle from one location to another in the
same block in order to avoid the posted time limit for parking.
9.
Signs, Signboards, Advertisements, Guideposts:
a)
Except with the written consent of the Chief Administrative Officer, no person
shall operate, stand or park any vehicle on any highway where such vehicle
contains advertising other than as set forth in Clause (c) hereof.
b)
Except with the written consent of the Chief Administrative Officer, no person
shall carry or propel in the District any sign, device, or apparatus containing
advertising on any highway, sidewalk or boulevard.
c)
Clauses a) and b) shall not be construed as preventing any firm or business from
painting or attaching signs or decals on any vehicle owned or operated by them
for the purpose of identifying the firm or business owning or operating such
vehicle.
d)
No person shall deface any highway, sidewalk, boulevard or public building, wall,
fence, railing, sign, monument, tree post, pole, bridge abutment or tower, or any
other public property by attaching, marking or imprinting thereon in any manner
whatsoever, any device or character whatsoever.
e)
Except for signboards lawfully placed or erected in compliance with the current
District of Kent "Sign Bylaw", no person shall attach or display any bills or
posters on any public property in the District.
Consolidated Bylaw No. 1321
Page 15
f)
No person shall erect or place any banners on or across any highway without the
written consent of the Council or the Chief Administrative Officer.
10.
Pedestrians:
a)
No pedestrian shall race, run or otherwise so as to interfere with normal
pedestrian movement within the business district.
b)
Every pedestrian crossing a highway shall cross as quickly as is reasonably
possible without stopping or loitering or otherwise impeding the free movement
of vehicles thereon.
c)
Three or more persons shall not stand in a group or so near to each other on any
sidewalk or highway as to obstruct the entrance to buildings or to obstruct or
prevent other persons using such highway, and forthwith after request has been
made by any constable or other person duly authorized so to do, shall disperse and
move away.
11.
School Crossings
a)
School crossings may be designated by Council anywhere within the District, but
every intersection with a designated school zone shall be deemed a school
crossing.
b)
The principal of any regular day school in the District may appoint from among
the students a School Patrol to assist pedestrians in crossing highways at
designated school crosswalks.
c)
A member of a School Patrol may control the movement of traffic at such
designated school crosswalks by exhibiting a manual traffic control device of a
design approved by resolution of the Council.
d)
Drivers of vehicles and pedestrians shall obey the instructions on any approved
traffic control device exhibited by a member of a School Patrol at designated
school crosswalks.
12.
Animals:
a)
Except with the written permission of the Chief Administrative Officer, no person
shall allow any horse on any highway unless such horse is being ridden, driven or
led in such manner that it is under control at all times.
b)
No person shall allow any horse on any boulevard or sidewalk within the District.
c)
No person shall leave any animal or animal-drawn vehicle unattended on any
highway.
Consolidated Bylaw No. 1321
Page 16
13.
Sight Lines:
a)
No owner or occupier of any property in the District shall allow fences, hedges,
shrubs, trees or other vegetation on such property to obstruct traffic control
devices.
b) No owner or occupier of any property in the District shall allow fences, hedges,
shrubs, trees or other vegetation, or construct a fence or other type of obstruction,
within 5 metres (16 feet) of any intersections and driveways to grow or stand in
such a manner as to obstruct the visibility of any driver whose vehicle is
approaching an intersection and/or driveway approaching the intersection or
driveway.
c)
No owner or occupier of property adjacent to any highway shall allow trees or
shrubs on such property to extend over such highway at a height of less than 4.5
metres (15 feet) above the crown of the adjacent roadway.
d)
Every owner or occupier of property shall maintain in a clean, tidy and well-kept
condition every Boulevard and sidewalk fronting, adjacent to or adjoining Real
Property and, without limiting the generality of the foregoing shall:
keep grassed areas trimmed and free of noxious weeds;
keep landscaping trimmed so that driveway and intersection sight distances
are unobstructed;
keep landscaping from encroaching over paved roadways, gravel shoulders or
sidewalks; and
keep area clear of all litter, debris, and other loose materials.
e)
Upon the failure of any person to comply with the provisions of clauses a), b), c),
and d), the District may serve written notice on such person to so comply within
seven (7) days of the serving of such notice after which time the District may
enter the property for the purposes of any work necessary to comply with clauses
a), b), c), and d) and the costs therefore shall be chargeable against the property in
the same manner as taxes.
14.
Obstructing, Littering, Snow and Ice:
a)
(i)
No person shall, without permission of the Chief Administrative Officer,
District Superintendent, or Building Official, cut, saw, break, split, place
or pile firewood, lumber, blocks, rock, stone, debris, or other material or
mix mortar upon any highway, sidewalk or boulevard.
(ii)
No owner or occupier of any premises or any other person purchasing or
delivering firewood, lumber, blocks, rock, stone or other material shall
permit such firewood, lumber, blocks, rock, stone or other material to
remain or to be placed on any highway, sidewalk or boulevard.
Bylaw No. 1415
March 23, 2009
Bylaw No. 1415/
Bylaw No. 1515
Bylaw No. 1415
March 23, 2009
Bylaw No. 1490
February 12, 2013
Consolidated Bylaw No. 1321
Page 17
(iii)
The District Superintendent, Building Official or Peace Officer may
remove or cause to be removed any such firewood, lumber, blocks, rock,
stone, or other material so deposited and the cost of such removal shall be
charged to the owner or person making the delivery thereof and shall be
recoverable in the same manner as taxes in arrears.
(iv)
No person shall deposit, push, pile or place any debris or other material on
any highway, sidewalk or boulevard and should any such materials be so
placed in contravention of this section, the District Superintendent may
remove the same or cause the same to be removed.
b)
No person shall construct, place or maintain or cause to be constructed, placed or
maintained, any structure or thing in, upon or over any highway, sidewalk or
boulevard, except as otherwise provided in this bylaw unless that person holds a
valid and subsisting written permit that has been granted to him under the
authority of this or any other bylaw of the District.
c)
No person shall place, deposit or dump, or cause to be placed, deposited or
dumped any goods, waste matter, garbage, rocks, dirt, derelict or dismantled
automobiles or other thing upon any highway, sidewalk, or boulevard, or allow
any goods, waste matter, garbage, rocks, dirt, derelict or dismantled automobiles
or other thing to fall, flow or drift onto any highway, sidewalk or boulevard,
unless prior arrangements are made for the removal thereof with the District
Superintendent or Chief Administrative Officer.
d)
Subject to Clause c), no person shall place or pile any snow or ice upon any
highway, sidewalk or boulevard.
e)
Any person owning or occupying any business premises abutting directly on any
highway or sidewalk in the District shall remove from any awning, marquee,
projection or cornice thereof, all ice, icicles or snow which may be hazardous to
vehicles or pedestrians below.
f)
No person shall deposit, pile or spread snow or ice cleaned from roofs, parking
lots, new or used car lots, automobile service stations or garages or any other
surface not being sidewalk on any highway, sidewalk, boulevard or other public
place, except the place designated therefore by the District Superintendent. The
cost of such operations shall be at the expense of the owner or occupant of the
premises.
g)
Nothing herein shall be construed as prohibiting the application of sand, salt or
other chemical substances on any street or sidewalk for the purpose of increasing
traffic safety, provided always that any chemical substances so used shall not be
of a kind or type detrimental to any cement-concrete, asphaltic-concrete,
bituminous-treated or other stabilized or wooden surface on any highway,
sidewalk or bridge within the District.
Consolidated Bylaw No. 1321
Page 18
h)
Every owner or occupier of real property adjacent to a sidewalk, or public
footpath bordering a highway shall:
i)
(i) Remove all snow and ice from the sidewalk or public footpath following a
sn
snowfall, icefall or frost within a reasonable time of its deposit but in any
case no later than noon on the day following its deposit.
15.
Trees:
a)
No person shall plant, remove, cut down, bark, peel, deface or otherwise injure
any tree upon or along any highway or boulevard within the District without
prior written permission from the District.
b)
No person shall cut, injure, damage or deface any protective device around any
tree upon or along any highway, sidewalk or boulevard within the District.
c)
No person constructing, reconstructing, widening, repairing, marking or carrying
out other work on any highway, sidewalk or boulevard shall remove, damage or
injure any tree without the written consent of the District Superintendent.
d)
No person shall operate any vehicle in such a manner as to cause injury to any
trees adjacent to any highway.
16.
Access:
a)
No person shall, without prior written approval from the Chief Administrative
Officer or District Superintendent, construct or create a means of access to or
from any highway for any parcel of land abutting thereon, and where such
approval is obtained, the material, structure and construction of any proposed
access shall be of a kind or type approved by the District Superintendent before
commencing work. The Superintendent may require drawings and specifications
pertaining to such proposed access construction.
The cost of constructing any such approved access shall be borne by the applicant,
but all standard curbs and ditch crossings, whether asphalt ramp, drop-curb or
culvert, may be subsidized by the District, in the discretion of Council, in an
amount determined by Council.
17.
Parking Meters:
a)
Council may from time to time designate any highway or portions thereof
whereon parking meters may be installed and further may establish such
regulations as may be required in the installation, operation, maintenance, fee
structure and penalties for such meters.
Bylaw No. 1490
February 12, 2013
Consolidated Bylaw No. 1321
Page 19
18.
Fines and Penalties:
a)
(i)
Notwithstanding any of the provisions of Sections 19 and 20 of this bylaw,
any person who contravenes any of the provisions of this bylaw shall upon
summary conviction thereof be liable to a fine of not less than $25.00 nor
more than $500.00 or to imprisonment for a term not exceeding six (6)
months or to both such fine and imprisonment.
(ii)
The owner of a vehicle shall be held responsible for any violation of this
bylaw by any person entrusted by the owner with the possession of that
vehicle. On every prosecution of the owner of a vehicle in respect of any
violation of the bylaw, the burden of proving that the person so in
possession of the vehicle was not a person entrusted by the owner with the
possession of that vehicle is on the accused.
(iii)
A Peace Officer may impose a voluntary penalty of $25.00 for any
infraction of this bylaw.
19.
Bicycles and skateboards:
In this section the word "OWNER" shall mean any person, firm, company, partnership or
corporation.
a)
The parent of any child, and the guardian of any ward, shall not authorize or
permit any such child or ward to violate any of the provisions of this part and
shall be liable to any penalty herein prescribed.
b)
Council may, by resolution, designate parts of highways or other areas for the
parking of bicycles, and may cause to be placed in such areas, racks or stands for
the convenient parking of bicycles. In areas where such racks or stands are
available, no person shall park a bicycle other than in such rack or stand.
c)
(i)
Any Peace Officer may impound any bicycle being operated on a
highway in the District in a manner contrary to the provisions of the Motor
Vehicle Act. The owner of such impounded bicycle may within 48 hours
pay to the District as a penalty for and in full satisfaction of such
violation, a minimum penalty fee of TWENTY FIVE DOLLARS ($25.00)
for the first offence and FIFTY DOLLARS ($50.00) for each subsequent
infraction, provided, however, that together with, or in lieu of such
voluntary penalty fee, such bicycle may remain impounded for a period of
at least seven (7) days before release to the owner.
(ii)
A notice of violation of this part may be issued to the owner or operator of
a bicycle without impounding such bicycle in which case the payment
within 48 hours of the said minimum penalty fee shall be deemed to be in
full satisfaction of such violation.
Consolidated Bylaw No. 1321
Page 20
(iii)
No impounded bicycle shall be released until proof of ownership is
provided.
d)
In addition to any other person to whom the provisions of this part apply, the
person shown as the registered owner of a bicycle on the District records,
whether physically in charge of such bicycle or not, shall at all times be held
responsible for any violation committed under this part.
e)
Skateboards may only be used in public areas designated by the District of Kent,
excluding highways, parking lots and sidewalks.
f)
Every person who commits an offence against this section of the bylaw is liable to
a fine and penalty of not less than FIFTY DOLLARS ($50.00) for each offence.
20.
Extraordinary Traffic:
a)
This part shall apply to all highways, including highway bridges in the District of
Kent except highways classified as arterial highways under the "Highways Act",
and to agricultural equipment exempt pursuant to the Motor Vehicle Act and
Regulations thereto.
b)
(i)
Where in the opinion of the District Superintendent, any highway is
liable to damage through extraordinary traffic thereon, the District
Superintendent is hereby authorized to make orders for regulating,
limiting or prohibiting the use of the highway by any person operating or
in charge of extraordinary traffic, or the owner of the goods carried
thereby on the vehicles used therein.
(ii)
For the purposes of the section, "ORDER" includes the rescission,
revocation, amendment or variation of an order.
(iii)
Every order made pursuant to sub-clause (i) shall be signed by the District
Superintendent or Chief Administrative Officer and a copy of the order
shall be published forthwith in at least one issue of a newspaper published
or circulating in the District.
c)
Except as hereinafter provided, no person shall, without a permit issued pursuant
to this section, drive or operate upon a highway any vehicle having a greater gross
weight, axle-load or tire load than the limit of weights and loads described in the
size and weight regulations made pursuant to the Department of Commercial
Transport Act for the Province of British Columbia.
d)
(i)
Except as provided in sub-clause (ii) hereof, any person to whom this
section might otherwise apply, may, with the approval of the District
Superintendent or Chief Administrative Officer, enter into an agreement
for the payment to the District of compensation in respect to damage or
expense which, in the opinion of the District Superintendent may occur
Consolidated Bylaw No. 1321
Page 21
by reason of the extraordinary traffic thereupon, that person shall not, in
respect to that extraordinary traffic, and subject always to the limitations
and conditions imposed by the said agreement, be subject to the
prohibitions and/or penalties prescribed by this section.
(ii)
No agreement made pursuant to sub-clause (i) above shall be deemed to
exempt any person from the provisions of clause p) sub-clause (1) to (7)
both inclusive and clause q), hereinafter set out.
e)
No person shall, without a permit issued pursuant to this section, drive or operate
on any highway:
(i)
A vehicle having a total outside width, with or without load, in excess of
2.5 metres (8 feet) except that in the case of hay, straw or fodder, the load
may project over the side of the vehicle such distance as results in a total
outside width not in excess of 3 meters (10 feet).
(ii)
A vehicle having a height with or without load in excess of 4 metres (13
feet).
(iii)
A single vehicle having an overall length with or without load, in excess
of 10 meters (33 feet), except as provided in sub-clauses "iv" and "v".
(iv)
Subject to clause f) hereof, a trailer or semi-trailer whose overall length of
its permanent structure exceeds 12 meters (39 feet).
(v)
A bus whose overall length of its permanent structure exceeds 12 meters
(39 feet).
(vi)
A combination of vehicles having an overall length with or without a load
in excess of 18 meters (59 feet).
(vii) Exclusion - Agricultural equipment that exceed otherwise noted lengths
or widths and are operating on a highway in conjunction with an approved
Agricultural Operation or Activity
f)
Sub-clause (iv) of clause e) hereof shall not apply to a semi-trailer, the overall
length of the permanent structure of which does not exceed 14 meters (45 feet)
and where the distance from the king pin to the center of the last axle does not
exceed 11 meters (36 feet).
g)
Notwithstanding any provisions of the section or of a permit issued pursuant to
this section, the maximum height, length or width of a vehicle or load allowance
on a highway or portion of a highway that is expressly limited as to maximum
height, length or width of a vehicle or load by a sign erected by the District
Superintendent shall be that set out on the sign.
Bylaw No. 1353
October 10, 2006
Consolidated Bylaw No. 1321
Page 22
h)
Notwithstanding any other provisions of this section, no person shall, without a
permit issued pursuant to this part, drive or operate
(i)
On any highway a combination of vehicles consisting of more than two
vehicles.
(ii)
On any highway a vehicle or combination of vehicles so loaded that the
load extends more than 1 meter (3 feet) beyond the front wheels thereof,
or if equipped with a front bumper, more than 1 meter (3 feet) beyond
such bumper.
(iii)
On any highway a vehicle or combination of vehicles part of which or the
load upon which extends more than 4.5 meters (15 feet) behind the center
of the last axle of the vehicle or combination of vehicles.
(iv)
On any highway a semi-trailer having any portion of its body or load
forward to the turning axis (king pin) projecting to a greater distance than
a 2 meter (6.5 feet) radius from the center of the turning axis.
(v)
On any highway a truck, truck trailer, trailer, or semi-trailer having
attached thereto a group of three consecutive axles, unless one of the axles
is a steering axle that is articulated in the manner of a steering axle and
prevents any lateral movement between a road surface and the tires on the
wheels attached to the axle when the vehicle is turning.
(vi)
On any highway a truck, truck trailer, trailer or semi-trailer having
attached thereto any group of two axles, the centers of which are more
than 1.5 meters (5 feet) apart measured longitudinally, unless one of the
axles is a steering axle and prevents any lateral movement between the
road surface and the tires on the wheels attached to that axle when the
vehicle is turning.
i)
Unless expressly permitted by the conditions of a permit, no person shall drive or
operate on Sundays and statutory holidays within the District of Kent an oversize
vehicle or load as hereinbefore or hereafter set out.
j)
When a commercial vehicle, trailer or semi-trailer is equipped with:
(i)
One or more rear-view mirrors required by the regulations made pursuant
to the "Motor Vehicle act which extend in whole or in part beyond the side
of the vehicle;
(ii)
One or more lamps required by the regulations made pursuant to the
"Motor Vehicle Act" which extends in whole or in part beyond the sides
of the vehicles; or
Consolidated Bylaw No. 1321
Page 23
(iii)
Rubber fender skirts, safety chains or wrappers which extend not more
than 50 millimetres (2 inches) in whole or in part beyond the sides of the
vehicle, the amount of such extensions shall not be included in
determining the maximum width of the vehicles for the purpose of this
section.
k)
The driver of a vehicle on a highway, when so required by a Peace Officer or by
any person authorized by the Council shall:
(i)
Stop the vehicle at the time and place authorized by such Peace Officer or
authorized person, for the purpose of weighing the whole or part thereof
by means of a stationary or portable scales, measuring the dimensions of
the vehicle and load, measuring and inspecting the tires thereon,
inspecting the load carried or for any purposes under this section;
(ii)
Drive the vehicle onto the nearest public or Department of Commercial
Transport stationary or portable scales for the purpose of weighing the
vehicle or load;
(iii)
Rearrange the load upon the vehicle or remove the whole or part of the
load from the vehicle in order to comply with the provisions of this part or
permit, before continuing to drive or operate the vehicle.
l)
The driver of a vehicle on a highway, when directed by a traffic sign on the
highway to drive over the scales, shall drive the vehicle onto the scales for the
purpose of weighing the whole or part thereof by means of stationary or portable
scales, measuring the dimensions of the vehicle and load, measuring and
inspecting the tires thereon, inspecting the load carried, or for any purpose under
this Section.
m)
Clause l) shall not apply to the driver of a commercial vehicle of a licensed gross
vehicle weight not exceeding 5443 kilograms (12,000 pounds).
n)
In the event of a corporation being convicted of an offence against this section,
every officer and every employee of the corporation taking part in, or being in
anyway concerned in the act or omission constituting the offence, shall be deemed
to have committed the offence against this section and may be prosecuted and
punished therefore.
o)
Where the permit so specifies, pilot cars as described in Division 10 of the
Department of Commercial Transport Act shall be provided.
p)
A person who violates any provision of this section or of any order made pursuant
to the provisions of this section is guilty of an offence against this bylaw and is
liable to the penalties prescribed under the Summary Convictions Act.
Consolidated Bylaw No. 1321
Page 24
Every person who contravenes clause c) hereof with respect to an overloaded
commercial vehicle is liable to a fine as follows:
(i)
Where the overload is less than 900 kilograms (2,000 pounds) to a fine of
not less than FIFTY DOLLARS ($50.00).
(ii)
Where the overload is 900 kilograms (2,000 pounds) or more but less than
4500 kilograms (10,000 pounds) to a fine of not less than FIFTY
DOLLARS ($50.00) and in addition, to a penalty not exceeding ONE
DOLLAR ($1.00) per 45 kilograms (100 pounds) or part thereof of the
gross weight in excess of that allowed by the regulations or a permit.
(iii)
Where the overload is 4500 kilograms (10,000 pounds) or more but less
than 6800 kilograms (15,000 pounds) or part thereof of the gross weight in
excess of that allowed by the regulations or a permit.
(iv)
Where the overload is 6800 kilograms (15,000 pounds) or more but less
than 9,000 kilograms (20,000 pounds), to a fine of not less than FIFTY
DOLLARS ($50.00) and in addition, to a penalty not exceeding THREE
DOLLARS ($3.00) per 45 kilograms (100 pounds) or part thereof of the
gross weight in excess of that allowed by the regulations or a permit.
(v)
Where the overload is 9,000 kilograms (20,000 pounds) or more but less
than 13,500 kilograms (30,000 pounds), to a fine of not less than FIFTY
DOLLARS ($50.00) and in addition, to a penalty not exceeding FOUR
DOLLARS ($4.00) per 45 kilograms (100 pounds) or part thereof of the
gross vehicle weight in excess of that allowed by the regulations or the
permit.
(vi)
Where the overload is 13,500 kilograms (30,000 pounds) or more but less
than 18,000 kilograms (40,000 pounds) to a fine of not less than FIFTY
DOLLARS ($50.00) and in addition, to a penalty not exceeding FIVE
DOLLARS ($5.00) per 45 kilograms (100 pounds) or part thereof of the
gross vehicle weight in excess of that allowed by the regulations or the
permit.
(vii)
Where the overload is 18,000 kilograms (40,000 pounds) or to a fine of
not less than FIFTY DOLLARS ($50.00) and in addition, to a penalty not
exceeding SIX DOLLARS ($6.00) per 45 kilograms (100 pounds) or part
thereof of the gross vehicle weight in excess of that allowed by the
regulations or the permit.
q)
Every person who contravenes any of the provisions of this section shall, in
addition to the fine provided by Section p) hereof, be liable to the District for all
damages resulting from such contravention and the same may be recovered by
action in any court of competent jurisdiction at the suit of the District.
Consolidated Bylaw No. 1321
Page 25
21.
Disabled Parking:
(a)
No person shall park a vehicle in any parking space marked or otherwise
designated as "Disabled Parking" unless the vehicle displays a valid placard
issued by an organization designated by the Province of B.C. and the vehicle is
operated by or transporting a disabled person.
(b)
A vehicle displaying a valid placard, as described in Subsection 21(a),
shall not be limited to the designated parking time limits indicated for that area.
22.
Repeal:
(a)
That Bylaw 767 and all amendments thereto are hereby repealed in its entirety.
23.
Adoption:
This bylaw shall take effect upon adoption thereof by Council.
24.
Title:
This Bylaw may be cited as "Highways, Traffic and Parking Regulations Bylaw No.
1321, 2005".
READ A FIRST TIME this 25th day of July 2005.
READ A SECOND TIME this 25th day of July 2005.
READ A THIRD TIME this 25th day of July 2005.
FINALLY PASSED AND ADOPTED this 8th day of August 2005.
_________S. Pranger__________
_________A. C. Lewis___________
Mayor
CAO