Streets and Traffic Bylaw No. 1877, 1995 (Consolidated March 13, 2017)
Kimberley, British Columbia
· adopted 1995-05-23
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CITY OF KIMBERLEY
CITY OF KIMBERLEY STREETS AND TRAFFIC BYLAW
NO. 1877, 1995
ADOPTED: MAY 23, 1995
CONSOLIDATED FOR CONVENIENCE ONLY: MARCH 13, 2017
DISCLAIMER
The version of this bylaw of the City of Kimberley is provided for information or research purposes
only. Every effort is made to ensure the accuracy of copies of bylaws; however, this is not an official
version of City of Kimberley bylaw, and should not be relied upon as such, and these documents are not
admissible in a court of law. For such purposes, official certified copies can be obtained from the Chief
Corporate Administration Officer.
Before making any decisions based on the copy of the bylaw, you should confirm all information
contained therein. The City of Kimberley will in no event be liable or responsible for damages of any
kind arising out of the use of the copy of this bylaw.
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Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
STREETS AND TRAFFIC BYLAW
TABLE OF CONTENTS
100.
Title
PART I - DEFINITIONS AND DELEGATION OF POWERS
200.
Definitions
300.
General Powers of the Manager, Operations Services
301.
Power to Order the Erection of Traffic Control Devices
302.
Power to Temporarily Close Streets and Issue
Street Occupancy Permits
303.
Power to Restrict Use of Streets
304.
Power to Order the Placement of Portable "No Parking" Signs
305.
Power to Designate Handicap and Reserved Parking Zones
306.
Powers of Peace Officers, Bylaw Enforcement Officers, Manager,
Operations Services and Operations Supervisor
PART II - STOPPING AND PARKING OF VEHICLES
400.
Parking Prohibitions
401.
Parking in Loading Zones
402.
Parking in Reserved and Taxi Zones
403.
Parking in Fire Lanes
404.
Parking in Handicap Zones
405.
Parking in Special Zones
406.
Manner of Parking
407.
Trailer Parking
408.
Commercial Trailer and Container Parking
409.
Vehicles as Living Quarters
410.
Vehicles Exempt from Parking Regulations
PART III - USE OF STREETS
500.
Pedestrians
501.
Regulation of Cycles
502.
Regulation of Roller Skates, Roller Blades and Skateboards
503.
Chattels on Streets or Boulevards
504.
Displaying Advertising Matter
505.
Parades and Processions
506.
Removal of Snow, Ice and Rubbish from Sidewalk
507.
Depositing Materials on Streets or Boulevards
508.
Boulevards
509.
Condition of Driveways and Driveway Access
510.
Repairing Vehicles
511.
Vegetation Adjacent to Streets and Boulevards
512.
Objects or Work on Streets or Boulevards
513.
Removal of Objects from Streets or Boulevards
514.
Street Occupancy Permits
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Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
STREETS AND TRAFFIC BYLAW
TABLE OF CONTENTS
PART IV - VEHICLE LOADS AND DIMENSIONS
600.
Spilling of Vehicle Loads on Streets and Securing Loads
601.
Vehicle Dimensions
PART V - MOVING TRAFFIC
700.
Speed Limit in Lanes and Streets
PART VI - FINES AND PENALTIES
800.
Fine on Conviction
801.
Disposal of Objects
802.
Impoundment of Vehicles
803.
Liability for Damages and Costs
PART VII - MEASUREMENTS AND CALCULATIONS
900.
Measurements and Calculations
PART VIII - SEVERABILITY
1000.
Severability
PART IX - REPEAL
1100.
Repeal of Streets and Traffic Bylaw No. 1251, 1978 and Amendments
Thereto
PART X - SCHEDULES
STREETS AND TRAFFIC BYLAW
LIST OF SCHEDULES
Schedule 1 -
Platzl
Schedule 2 -
Vehicle(s) Parked For Any Continuous Period Exceeding 24 Hours
in City Owned Parking Lot
Schedule 3
Repealed (Bylaw No. 2462, 2013 Amnd. 2)
Schedule 4 -
Streets, Sidewalks, Footpaths and Walkways Where Roller Skating,
Roller Blading and Skateboarding is Prohibited
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Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
CITY OF KIMBERLEY
PROVINCE OF BRITISH COLUMBIA
BYLAW NO. 1877
A BYLAW FOR THE REGULATION OF TRAFFIC AND THE USE OF STREETS AND
OTHER AREAS IN THE CITY OF KIMBERLEY.
THE CITY COUNCIL of the City of Kimberley ENACTS AS FOLLOWS:
TITLE
100. This Bylaw may be cited for all purposes as "Streets and Traffic Bylaw No. 1877,
1995.
PART I - DEFINITIONS
200. In this bylaw:
"Access" means a driveway intended for ingress and/or egress to abutting
property from a street;
"Access Permit" means a permit which authorizes provision of access to an
abutting property from a street;
"Boulevard" means the area between the curbs, lateral lines, or the shoulder
of a street and the adjacent property line and includes a sidewalk;
"Bylaw Enforcement Officer" means the person appointed by the Chief of
Police to enforce municipal bylaws;
"Chief of Police" means a member of the Royal Canadian Mounted Police in
charge of the local Kimberley detachment;
"City" means the area within the corporate boundaries of the City of Kimberley;
"Commercial Trailer" means a trailer but does not include a recreational
trailer or a trailer having a gross vehicle weight of less than 700 kilograms;
"Commercial Vehicle" means a vehicle which is a Commercial vehicle
defined as such and licensed under the Commercial Transportation Act, R.S.B.C.
1979, c.55 and any vehicle not so licensed but which is used for the collection or
delivery, or both, of goods, wares, merchandise, or other commodity in the
ordinary course of a business undertaking, and displaying a valid decal or plate
issued by a municipality for the purpose of identifying a Commercial vehicle;
"Commercial Vehicle Loading Zone" means an area on a street
designated for the loading or unloading of goods or merchandise, for the
exclusive use of Commercial Vehicles;
"Container" means a receptacle used to store materials, objects or refuse but
does not include a galvanized iron, plastic or rubber water tight receptacle
(circular in design, and provided with handles and a good, sufficient and water
tight cover) of a capacity not greater than 70 litres; and having a diameter of not
more than 600 mm. and a depth of not more than 750 mm; and shall include a
plastic bag of equal capacity and of sufficient strength to contain all materials
placed therein and which shall be securely tied when placed for collection by the
City's collection service;
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Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
"Council" means the Municipal Council of the City;
"Crosswalk" means:
(a)
a portion of the street at an intersection or elsewhere distinctly indicated
for pedestrian crossing by signs or by lines or other markings on the
surface of the street;
or
(b)
the portion of a street at an intersection that is included within the
connection of the lateral lines of the sidewalks on the opposite sides of the
street, or within the extension of the lateral lines of the sidewalk on one
side of the street, measured from the curbs, or in the absence of curbs,
from the edges of the street;
"Curb" means that portion of any boulevard that borders on the street;
"Cycle" means a device having any number of wheels that is propelled by
human power and on which a person may ride;
"Director of Operations" means: the person duly appointed as the
Director of Operations or that person's designate. All references in the bylaw to
'Manager, Operations' are deleted and substituted with 'Director of Operations'.
(Bylaw 2582, 2017)
"Emergency Vehicle" means:
(a)
a motor vehicle carrying rescue or first aid equipment where there is an
emergency justifying a rate of speed in excess of any maximum rate of
speed provided for in the Motor Vehicle Act;
(b)
a motor vehicle driven by a fire-fighter in the discharge of that member's
duties; or
(c)
a motor vehicle driven by a Peace Officer, or member of the police branch
of Her Majesty's Armed Forces in the discharge of that person's duties;
"Extraordinary Traffic" means: the carriage of any goods or persons
over a street at either one or more times, that when taken in conjunction with
the nature or existing condition of the street is so extraordinary or improper in
the quality or quantity of the goods or the number of persons carried, or in the
mode or time of use of the street, or the nature of the vehicles used, or in the
speed at which the vehicles are driven, as in the opinion of the Director of
Operations, to substantially alter or increase the burden imposed on the street
over that imposed through its proper use by ordinary traffic, and to cause
damage and expense in respect of the street beyond what is reasonable or
ordinary. (Bylaw 2582, 2017)
"Firefighter" means a member of the City Fire Department;
"Handicapped" means a person whose mobility is limited as a result of a
permanent or temporary disability that makes it impossible or difficult to walk;
"Handicap Zone" means a parking zone identified by a parking sign for the
disabled;
"Intersection" means the area within the prolongation or connection of the
lateral curb lines, or if none, then the lateral boundary lines of the shoulders of
the two streets which join one another at or approximately at right angles, or the
area within which vehicles travelling on different streets joining at any other angle
may come in conflict;
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"Lane" means any street not exceeding 6 metres (20 feet) in width and
generally intended to provide secondary access;
"Loading Zone" means an area on a street designated for the loading or
unloading of persons, goods or merchandise;
"Motor Vehicle" means a vehicle, not run on rails, that is designed to be self-
propelled or propelled by electric power;
"Operations Supervisor" means the Operations Supervisor appointed by
Council from time to time;
"Parade" means any procession or group of pedestrians, except members of
the Armed Forces standing, marching or walking on any street or boulevard, or
any group of vehicles, except funeral processions or wedding processions,
standing or moving on any street;
"Park" means the standing of a vehicle, whether occupied or not, upon a street
except when the vehicle is standing temporarily for the purpose of and while
actually used for loading or unloading of the vehicle;
"Passenger Loading Zone" means a portion of a street set aside adjacent
to a curb designated for the exclusive use of vehicles for the loading or unloading
of passengers;
"Peace Officer" means a member of the Royal Canadian Mounted Police;
"Platzl" means all that area shown in heavy black on Schedule 1 attached
hereto and forming part of this Bylaw;
"Recreational Vehicle" means a motor vehicle or trailer designed or used
primarily for accommodation during travel or recreation;
"Sidewalk" means that portion of the boulevard improved for the use of
pedestrians and the Platzl;
"Stop" means:
(a)
when required, a complete cessation from movement;
(b)
when prohibited, the stopping or standing of a vehicle temporarily for the
purpose of and while actually used for the loading or unloading of a
vehicle, except when necessary to avoid conflict with other traffic or to
comply with the directions of a Peace Officer or traffic control device;
"Street" includes every highway within the meaning of the Highway Act and
every roadway, street, lane, or highway designed for or intended for the general
public for the passage of vehicles and every other place to which the public has
access including a City-owned parking lot;
"Street Occupancy Permit" means a permit issued under the authority of
the Manager, Operations Services to allow for the unusual use of a street or
boulevard;
"Traffic" includes pedestrians, ridden or herded animals, vehicles, cycles and
other conveyances, either singly or together, while using a street to travel;
"Traffic Control Device" means a sign, signal, line, marking, space, barrier
or device, placed or erected by authority of the Minister of Transportation and
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Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
Highways, the Council of the City, the Manager, Operations Services or a person
authorized by any of them to exercise that authority;
"Trailer" means a vehicle without motor power designed to be drawn by or used
in conjunction with a motor vehicle but does not include an implement of
husbandry or a side car attached to a motorcycle;
"Unlicenced Vehicle" means a vehicle which does not display a current
motor vehicle licence issued under the provisions of the Motor Vehicle Act or
the motor vehicle licensing provision of another jurisdiction. (Bylaw 2582, 2017)
"Vehicle" means a device in, on or by which a person or thing is or may be
transported or drawn on a street, except a device designed to be moved by
human power or used exclusively on stationary rails or tracks;
DELEGATION OF POWERS
General Powers of the Manager, Operations Services.
300.
300.1
The Director of Operations is hereby authorized to make orders in
respect of the matters comprised in this bylaw, and thereby to
exercise the powers of the Council under this bylaw, subject to the
terms and conditions hereinafter provided by this bylaw.
300.2
The Director of Operations is hereby authorized to rescind, revoke,
amend or vary any order made by the Director of Operations,
subject to such terms and conditions as are hereinafter provided by
this bylaw.
Power to Order the Erection of Traffic Control Devices
301. The Director of Operations is hereby authorized to locate, establish and maintain
upon any street or boulevard such traffic control devices as may be deemed
necessary for the regulation, direction and control of traffic on any street or
boulevard.
301.1
The placement of traffic control devices upon any street or
boulevard by any individual or corporation is prohibited without the
prior approval of the Director of Operations. (Bylaw 2582, 2017)
Power to Temporarily Close Streets and Issue Street Occupancy
Permits
302.
302.1
The Director of Operations is authorized at his discretion to
temporarily close or to issue a Street Occupancy Permit to any
applicant to temporarily occupy a specific portion of any street,
other than as permitted by a sign, for any of the following purposes:
302.1.1
construction or maintenance or both of any street or
boulevard, or anything ancillary to any of them;
302.1.2
installation, maintenance or removal of utilities;
302.1.3
construction of buildings on abutting properties if, in the
opinion of the Director of Operations, such closure or
occupation or both is desirable to facilitate such construction
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or is necessary to protect the public during such
construction;
302.1.4
a parade subject to the conditions specified in Section 505.4
of this bylaw;
302.1.5
a festival, block party, or activity connected with the
production of a film requiring that traffic be restricted on or
diverted from a street; or
302.1.6
temporary parking of construction vehicles, unattached
trailers and containers on a street.
302.2
The Director of Operationss will determine the requirements which
must be fulfilled before a Street Occupancy Permit is issued.
Power to Restrict Use of Streets
303. The Director of Operationss may determine, with respect to any particular street
where construction, reconstruction, widening, repair, or other work is being
carried out or is to be carried out:
303.1
That vehicles in excess of a certain width, length, height, or weight,
driven or operated on such street would damage the street, and
that use of the street be limited to vehicles less than a designated
width, length, height or weight; or
303.2
That all vehicular use of the street ought to be prohibited where, in
the Director of Operationss opinion, traffic should be prohibited in
the vicinity of the work in the interests of public safety.
303.3
Any person operating a vehicle to which the term extraordinary
traffic could be applied, in the determination of the Director of
Operations may, with the approval of the Director, enter into an
agreement for the payment to the City of compensation in respect
of the damage or expenses which may, in the opinion of the
Director, be caused by the extraordinary traffic and thereupon that
vehicle shall not be subject to any prohibitions or penalty in respect
of that extraordinary traffic. (Bylaw 2582, 2017)
Power to Order the Placement of Portable "No Parking" Signs
304.
304.1
The Director of Operationss may order the placing of portable "no
parking" signs at curbs at times and places designated by the
Director of Operationss.
304.2
The placing of portable "no parking" signs does not affect other
previous lawful occupancy of the street.
Power to Designate Handicap and Reserved Parking Zones
305. The Director of Operationss is empowered to reserve parking zones for the
handicapped, taxis, Commercial Vehicles or other types of vehicles, for use by
persons other than the general public.
Powers of Peace Officers, Bylaw Enforcement Officers, Manager,
Operations Services and Operations Supervisor
306.
306.1
Any Peace Officer, Bylaw Enforcement Officer, the Director of
Operationss, or the Operations Supervisor of the City may cause to
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be removed and stored, any vehicle parked on any street or any
other public statutory right of way in contravention of this bylaw.
306.2
Council hereby authorizes any Peace Officer, Bylaw Enforcement
Officer, Director of Operationss or the Operations Supervisor of the
City to determine whether a vehicle has been abandoned and, if
that Peace Officer, Bylaw Enforcement Officer, Director of
Operationss or the Operations Supervisor is satisfied that a vehicle
has been abandoned, the Peace Officer, Bylaw Enforcement
Officer, Director of Operationss or the Operations Supervisor may
cause the vehicle to be removed and disposed of pursuant to the
Highways Scenic Improvement Act R.S.B.C. 1979, c.169.
306.3
Council hereby authorizes any Bylaw Enforcement Officer or Peace
Officer to issue bylaw offense notices on any vehicle parked or
stopped in contravention of this bylaw.
306.4
Council hereby authorizes any Bylaw Enforcement Officer or Peace
Officer to issue a bylaw offense notice to a person committing an
offense under this bylaw.
PART II - STOPPING AND PARKING OF VEHICLES
Parking Prohibitions
400. Except when necessary to avoid conflict with traffic or to comply with the law or
the directions of a Peace Officer, Firefighter, Bylaw Enforcement Officer, or traffic
control device, no person shall:
400.1
park a motor vehicle upon any block of a street for any continuous
period exceeding 24 hours except where the motor vehicle is
parked adjacent to that person's residence;
400.2
park a vehicle for any continuous period exceeding 24 hours in any
City owned parking lot set out in a Schedule attached to and
forming part of this bylaw;
400.3
stop or park a vehicle in contravention of a traffic control device;
400.4
having parked a vehicle in any City block controlled only by a
parking time limit regulation, cause that vehicle to be moved from
one location to another in the same block of a street to avoid time
limit regulations specified in that particular block. Moving a vehicle
from one parking location directly to another in the same block of a
street does not interrupt the continuity of time of parking for
application of the time regulations specified in this bylaw;
400.5
fail to remove the parked vehicle described in Section 400.4 to a
place other than in the block in which it had been parked, after the
parking time limit regulating that block has expired;
400.6
stop or park a vehicle on a street so that it impedes the normal flow
of traffic;
400.7
stop or park a vehicle on a street so as to obstruct the free
movement of vehicles into, or out of, any driveway or private road
or garage adjoining a street;
400.8
stop or park a vehicle on a street so as to impede the movement of
traffic on those portions of the street in front of a public or private
driveway or within 1.5 metres (5 feet) of either side of the entrance
thereto;
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400.9
stop or park a vehicle in front of a public or private driveway;
400.10
stop or park a vehicle in an intersection;
400.11
stop or park a vehicle on the side of any street that abuts a median
that divides a street;
400.12
stop or park a vehicle within 7.5 metres (24.6 feet) of the nearest
edge of the pavement on an intersecting street where no sidewalk
exists.
400.13
stop or park a vehicle within 6 metres (20 feet) of the approach side
of a crosswalk;
400.14
stop or park a vehicle on a crosswalk;
400.15
stop or park a vehicle having a licensed gross vehicle weight of
over 4,600 kilograms (10,000 pounds), except a recreational
vehicle, on any street for more than two consecutive hours;
400.16
stop or park a vehicle having a licensed gross vehicle weight of
over 13,600 kilograms (30,000 pounds) on any street except when
the person is parking the vehicle to deliver or pick up goods,
merchandise or other things;
400.17
abandon any vehicle upon a street;
400.18
park a vehicle within 5 metres (15 feet) of a fire hydrant measured
from a point on the curb or edge of street which is closest to the fire
hydrant;
400.19
stop or park a vehicle within 15 metres (49 feet) of the nearest rail
of a railway crossing;
400.20
stop or park a vehicle on a boulevard;
400.21
stop or park a vehicle within 6 metres (20 feet) on the approach to a
stop sign; or
400.22
stop or park a vehicle in the Platzl except for the purposes of
delivering goods or merchandise to a business located adjacent to
the Platzl;
400.23
stop or park a vehicle so that it interferes with the removal of snow
from a street.
400.24
park an unlicenced vehicle in whole or in part, on any street or
public property. (Bylaw 2582, 2017)
400.25
stop or park on other than the right side of a two-way street with
the right hand wheels of the vehicle parallel to that side; except
where there is provision for angle parking as signified by traffic
controls devices consisting of either signs or lines painted on the
surface of the street. (Bylaw 2582, 2017)
Parking in Loading Zones
401. No person shall stop or park a vehicle:
401.1
in any loading zone except for the purpose of loading or unloading
persons, goods, merchandise or other things;
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401.2
in any loading zone for a period exceeding three minutes for the
loading or unloading of persons only, or for a period exceeding 30
minutes for the loading or unloading of goods or merchandise;
401.3
in any commercial vehicle loading zone, unless the vehicle bears a
valid commercial decal or plate and is engaged in the loading or
unloading of goods, merchandise or other things but in no case
longer than 30 minutes at any one time; or
401.4
in a passenger loading zone except for the purpose of loading or
unloading passengers but in no case longer than three minutes at
any one time.
Parking in Reserved and Taxi Zones
402.
402.1
Despite the establishment of reserved parking zones pursuant to
Section 305, a person stopping or parking in such a reserved
parking zone shall comply with the requirements of this bylaw and
of signs or other traffic control devices regulating the stopping or
parking of vehicles.
402.2
No person shall park a vehicle, which is not a taxicab, in a Taxi
Zone.
402.3
No person, being the owner or operator of a taxicab, shall leave a
taxicab unattended in a Taxi Zone for longer than ten minutes.
Parking in Fire Lanes
403. No person shall stop or park a vehicle within a designated fire lane.
Parking in Handicap Zones
404. No person shall park a vehicle in a handicap zone unless:
404.1
the vehicle displays a valid disabled parking permit issued by the
Social Planning and Research Council of B.C.; or
404.2
a motor vehicle with an out of Province license is bearing a valid
identification issued by its resident jurisdiction to identify it as a
vehicle driven by or transporting a handicapped person.
Parking in Special Zones
405. No person shall park on any portion of a street where traffic signs are erected
reserving a portion of that street for the parking of any class of vehicle described
on the traffic sign unless that vehicle conforms to the class of vehicle depicted on
the sign.
Manner of Parking
406.
406.1
Where parking spaces have been marked on the surface of any
street for parallel parking, no person shall park any vehicle
otherwise than between the lines or markings indicating the limits of
a single parking space, except in the case of a vehicle being of
greater length than that of a single parking space, but in no case
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shall a vehicle occupy or encroach upon more than two parking
spaces.
406.2
No person shall stop or park a vehicle other than parallel to the
curb on a street, except where signs or markings indicate that angle
parking is permitted, in which case the vehicle shall be parked at
the angle to the curb indicated by such signs or markings, and
parallel to and between such markings and as close to the curb as
practicable, but in no case greater than 30 centimetres (12 inches)
from the curb.
406.3
Where parallel parking is permitted, vehicles shall be parked with
wheels nearest the boulevard positioned parallel to the street, and
where there is a curb, within 30 centimetres (12 inches) of the curb.
406.4
No person shall park a vehicle in such a manner that any part of the
vehicle shall extend into the street beyond the lines or markings
indicating the limit of the parking spaces on that section of the
street.
Trailer Parking
407. No person shall place or park an unattached trailer, other than a licenced
recreational vehicle, on a street without a valid Street Occupancy Permit. (Bylaw
2582, 2017)
Commercial Trailer and Container Parking
408.
408.1
No person, being the owner or operator of a commercial trailer or
any other container, shall place or park such commercial trailer or
container on any street if such trailer or container is not attached to
a vehicle and capable of being pushed or drawn at all times,
without first obtaining a Street Occupancy Permit issued by the
Director of Operations, setting out the terms and conditions upon
which the permit is issued.
408.2
The Director of Operations is hereby authorized to issue Street
Occupancy Permits for the stopping, parking or placing of
commercial trailers and containers on any street for the purpose of
loading, unloading or storing the contents thereof during the time
the commercial trailer or container is so used whether it is attached
to a motor vehicle or not; provided that all safety requirements of
the
Director of Operations, including barricades, lights and blocking of
the commercial trailer, where necessary, are provided and
maintained by the permit holder at the permit holder's own sole
expense during the whole of the permit period.
408.3
No person, being the owner or operator of a commercial trailer shall
park such a commercial trailer when it is attached to a vehicle on
any street except when the vehicle is delivering or picking up
goods, merchandise or other things.
408.4
No person shall park or place a container on any street unless it is
identified with the owner's name and for which a valid Street
Occupancy Permit has been issued.
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Vehicles as Living Quarters
409. No person shall occupy a vehicle, recreational vehicle, trailer or container as
living quarters while it is parked upon any street or in any other public place.
(Bylaw 2582, 2017)
Vehicles Exempt from Parking Regulations
410. Despite anything elsewhere contained in this bylaw, the provisions relating to
stopping or parking of vehicles shall not apply to emergency vehicles.
411. Despite anything elsewhere contained in this bylaw, the provisions relating to
stopping or parking of vehicles shall not apply to:
411.1
vehicles used in conjunction with the servicing of public utilities
including telephone systems, electric systems, natural gas systems
and cablevision systems;
411.2
municipal and other Government vehicles;
411.3
towing service vehicles; or
411.4
armoured carriers;
while such vehicles are actually engaged in works of necessity on a street
requiring them to be stopped or parked. This exemption does not relieve the
drivers of such vehicles from taking due precautions to indicate the presence of
such vehicles on the street while so parked or stopped.
412. Unless directed by a Peace Officer, the provisions relating to stopping or parking
of vehicles shall not apply to a vehicle for which a valid Street Occupancy Permit
has been issued granting an exemption from a specific parking or stopping
regulation and where the Street Occupancy Permit is appropriately displayed.
PART III - USE OF STREETS
Pedestrians
500. No person or persons shall stand or assemble on any street or sidewalk so as to
obstruct or prevent other persons from using the street or sidewalk for the
passage of motor vehicles or pedestrians.
Regulation of Cycles
501.
501.1
Unless the context otherwise requires, a person operating a cycle
on a street has all the rights and is subject to all the duties that any
vehicle operator has under this bylaw.
501.2
A person operating a cycle on any sidewalk, footpath, or walkway in
the City, or on the central fire lane portion of the Platzl, shall
operate the cycle only in such a way that it will not interfere with a
pedestrian lawfully on or using any said sidewalk, footpath or
walkway or the central fire lane portion of the Platzl.
(Bylaw No. 2462, 2013 Amnd. 2)
501.3
A cycle or like apparatus operated in contravention of Section 501
may be confiscated and held as evidence pending possible
prosecution by the City under this Bylaw.
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Regulation of Roller Skates, Roller Blades and Skateboards
502.
502.1
No person on roller skates, roller blades, skateboards or other
similar means of transportation other than a motor vehicle, shall be
upon any street shown in heavy black in a Schedule attached to
and forming part of this bylaw.
502.2
No person on roller skates, roller blades, skateboards or other
similar means of transportation, shall be upon the Platzl, or any
other sidewalk, footpath or walkway shown in heavy black in a
Schedule attached to and forming part of this bylaw.
502.3
A skateboard or like apparatus operated in contravention of Section
502 may be confiscated and held as evidence pending possible
prosecution by the City under this bylaw.
502.4
A person on roller skates, roller blades, skateboards or other similar
means of transportation, shall ride in such a way that it will not
interfere with a pedestrian lawfully on or using a sidewalk, footpath
or walkway.
Chattels on Streets or Boulevards
503.
503.1
Except as specifically authorized by a resolution of Council or by
bylaw, no person acting in the course of that person's business,
shall place or cause or permit to be placed by any person in their
employ or under their control, any fuel, merchandise, chattel or
wares of any nature on any street or boulevard, or to conduct
business from a vehicle parked on any street.
503.2
The Director of Operations, Bylaw Enforcement Officer, Operations
Supervisor or a Peace Officer may seize any merchandise, vehicle,
fuel, chattel or wares of any nature found to be unlawfully
occupying a portion of a street, boulevard or public place and may
cause such object to be removed, detained and impounded.
Displaying Advertising Matter
504. No person shall:
504.1
paint, paste, stick or affix any sign, bill, notice, substance or thing
on any street furniture, light standard, electric light, telephone or
other pole located on or about any street or boulevard, and no
person shall deface or disfigure such street furniture, light standard,
electric light, telephone or other pole located on or about any street
or boulevard, or permit, suffer or allow any person to commit the
acts on their behalf; or
504.2
park a vehicle upon any street for the purpose of displaying signs.
Parades and Processions
505.
505.1
No person shall be a member of, or take part in, any parade unless:
Page 15 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
505.1.1
the parade is under the direction or control of some person
or organizer; and
505.1.2
a letter of consent for such a parade has been issued to the
organizer by the Director of Operations as hereinafter
provided and is accompanied by a Street Occupancy Permit
issued by the Director of Operations.
505.2
In giving consent to a parade, the Director of Operations may
determine such conditions as deemed appropriate for the orderly
regulation of the parade and may require the applicant to publish
whatever notices of the parade as in the opinion of the Director of
Operations are necessary for the purpose of the diversion of traffic
from route thereof.
505.3
No person or persons shall hold a parade unless an application for
a Street Occupancy Permit has been approved by the Director of
Operations at least 72 hours prior to the commencement of the
parade.
505.4
The Director of Operations shall not approve an application for a
Street Occupancy Permit for a parade unless it is accompanied by:
505.4.1
a letter of consent from the Chief of Police if it pertains to
Provincial Highway 95A;
505.4.2
a map of the parade route; and
505.4.3
an explanation of the nature of the parade, the day and hour
on which such parade is to be held, the place or places of
formation and disbandment thereof.
505.5
Any Street Occupancy Permit issued under this Section shall be
void and of no effect unless the applicant obeys the terms and
conditions therein.
505.6
No person shall drive a vehicle through or across any parade at
rest or in motion, or in any other way obstruct, impede or interfere
with any person lawfully taking part in such parade.
Removal of Snow, Ice and Rubbish from Sidewalk
506.
506.1
A person being the owner or occupier of real property shall remove
snow, ice, and rubbish from any sidewalk and foot path bordering
that person's real property and from the roof and other part of a
structure adjacent to or abutting on any portion of the street, not
later than 10:00 a.m. of the day after the snow, ice or rubbish was
deposited thereon.
506.2
Should any person mentioned in Section 506.1 of this bylaw fail or
neglect to comply with the provision set forth therein, in addition to
any penalty provided for in this bylaw, the City of Kimberley by its'
employees or otherwise may, but is not obligated to, cause that
such work be done at the expense of the owner mentioned in
Section 506.1 and the City may recover the expense thereof, with
interest at the rate prescribed under Section 11 (3) of the Taxation
(Rural Area) Act, with costs in the same manner as municipal
taxes.
Page 16 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
506.3
The City shall not be under any obligation to remove snow, ice or
rubbish from the Platzl.
Depositing Materials on Streets or Boulevards
507. No person shall deposit or permit to be deposited any ice or snow that has been
removed from private property or a City sidewalk or boulevard upon the portion of
any street or sidewalk that is constructed for vehicular or pedestrian travel.
(Bylaw 2582, 2017)
Boulevards
508. A person being the owner or occupier of land shall:
508.1
cut grass and weeds on the boulevard abutting that person's
property; and
508.2
keep in good repair and up to City standards, driveways crossing
the boulevard abutting that person's property.
Condition of Driveways and Driveway Access
509.
509.1
The Director of Operations is hereby empowered to require an
owner of property with an unpaved or deteriorated driveway
situated on a street or boulevard, to pay for the cost of paving or re-
constructing that driveway if, in the Director of Operations opinion,
such driveway is a hazard or a nuisance, and upon being so
notified, the owner shall forward the required payment within 30
days.
509.2
No person shall alter any existing access to a property or construct
a new access to a property without first obtaining an access permit
from the Director of Operations.
Repairing Vehicles
510. No person shall stop or park any vehicle on any street for the purpose of
greasing or repairing such vehicle except repairs necessitated by an emergency.
Vegetation Adjacent to Streets and Boulevards
511. No person being the owner or occupier of real property adjacent to a street or
boulevard shall permit a tree, shrub, hedge or bush growing or standing on that
property to:
511.1
become injurious to the street or boulevard or any works owned or
controlled by the City located in the street or boulevard;
511.2
remain at a height less than 5 metres (16.4 feet) above the
travelled portion of the highway, including all areas such as
sidewalk areas, normally used for pedestrian traffic.
Objects or Work on Streets or Boulevards
512. Except as authorized by a Street Occupancy Permit issued by the Director of
Operations pursuant to Section 302 of this bylaw, no person shall:
512.1
build, construct, place or maintain, or cause to be built, constructed,
placed or maintained in, upon, or over any street or boulevard, any
Page 17 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
structure, sign, building, fence, or thing, other than a temporary
hoarding during construction work on adjacent property, or plant
any shrub, tree including trees commonly known as Silver Poplar,
Lomardy Poplar, Balm of Gilead, Cottonwood and Willow or plant
other than grass upon any boulevard;
512.2
break, tear up, remove, or otherwise interfere with any sidewalk,
curb or surfacing of any street, or excavate any street, or excavate
under any street, injure, cut down or remove trees or timber
growing on a boulevard;
512.3
construct a boulevard crossing, including a curb, ditch or sidewalk
crossing;
512.4
change the level of a street whatsoever, or stop the flow of water
through any drain, sewer or culvert on or through a street;
512.5
open-up, construct or develop any street or boulevard, or improve
any street or boulevard or do works of any kind on any street
allowance dedicated for public use by any plan, bylaw of the City or
by notice in the Gazette and under the jurisdiction and control of the
City; or
512.6
obstruct or interfere with the free flow of traffic or attempt to control
or detour traffic on any street, whether by use of signs or flagmen
or by barricades or other physical obstruction on the street provided
that this Section shall not apply to:
512.6.1
a Peace Officer acting in the normal course of his duties;
512.6.2
a school patrol acting under the authority of the Public
Schools Act or authorized by the Chief of Police; or
512.6.3
vehicles exempted under Sections 411 and 412 of this
bylaw.
Removal of Objects from Streets or Boulevards
513. The Director of Operations, Bylaw Enforcement Officer, Operations Supervisor or
Peace Officer is hereby authorized to remove any structure, object, substance or
thing found on any street or boulevard in contravention of this Section and the
costs incurred may be recovered by action in any court of competent jurisdiction.
Street Occupancy Permits
514.
514.1
No person shall stop or park a vehicle or container upon any street,
boulevard or sidewalk in contravention of this Bylaw, except
emergency vehicles and vehicles exempted under Section of this
Bylaw, or vehicles or containers with valid Street Occupancy
Permits temporarily occupying a portion of any street, boulevard or
sidewalk. (Bylaw 2582, 2017)
514.2
The Director of Operationss may determine such conditions as
deemed appropriate for the safe and orderly regulation of traffic and
may require the applicant to provide flag persons or erect hoarding,
barriers, warning devices, or other devices as deemed necessary.
514.3
The Director of Operationss shall not approve an application for a
Street Occupancy Permit unless it is accompanied by:
Page 18 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
514.3.1
a copy of the applicants liability insurance; and
514.3.2
payment of a damage deposit against any damage to City
property.
514.4
Any Street Occupancy Permit issued under this Section shall be
void and of no effect unless the applicant obeys the terms and
conditions therein.
PART IV - VEHICLE LOADS AND DIMENSIONS
Spilling of Vehicle Loads on Streets and Securing Loads
600.
600.1
No person shall drive or operate on any street:
600.1.1
a vehicle unless it is so constructed or loaded as to prevent
any of its load from dropping, shifting, leaking, or otherwise
escaping therefrom, except that sand may be dropped for
the purpose of securing traction, or water or other
substances may be sprinkled on a street in cleaning or
maintaining such street; or
600.1.2
a vehicle with any load unless said load and any covering
thereon is securely fastened so as to prevent such covering
or load from becoming loose, detached, or in any manner a
hazard to other users of the street.
600.2
No person being the driver or operator of a vehicle, shall in the
event that any article, substance or material, due to any cause
whatsoever, becomes loose or detached or blow, drop, spill or fall
from the vehicle onto any street, fail to take all reasonable
precautions to safeguard traffic from the consequences thereof or
fail to remove such material from such street.
600.3
No person being the driver or operator of any vehicle carrying loads
of lumber or loads of a similar nature shall fail to:
600.3.1
transport any loads unless such loads are stripped in
conformity with the stripping regulations contained in
the General Accident Prevention Regulations of the
Provincial Workers Compensation Board.
Vehicle Dimensions
601.
No person shall drive or operate on a street a vehicle in violation of
any of the height, width, or weight limits set forth in the Commercial
Transport Act and its Regulations or the Motor Vehicle Act as
amended from time to time.
PART V - MOVING TRAFFIC
Speed Limit in Lanes and Streets
700.
700.1
No person shall drive or operate any motor vehicle or cycle upon or
along any lane at a rate of speed in excess of 20 km/hour (12mph).
Page 19 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
700.2
No person shall drive or operate any motor vehicle or cycle upon or
along any street at a rate of speed in excess of 50km/hour (30
mph) except as otherwise posted.
PART VI - FINES AND PENALTIES
Fine on Conviction
800. Every person who violates any of the provisions of this bylaw, or who suffers or
permits any act or thing to be done in contravention of this bylaw, is liable on
summary conviction to a fine of not more than two thousand dollars ($2000.) and
costs (including the costs of the committal and conveyance to the place of
imprisonment) for each offense, and in default of payment therefore, to
imprisonment to a term not exceeding 6 months in jail.
Disposal of Objects
801.
801.1
After the expiration of 31 days from the date of seizure of an object
under Section 503.2, the City is authorized to sell the object by
auction and the proceeds of the sale shall be the property of the
City.
801.2
The City may recover its fees, cost and expenses for removal,
detention, impounding and storage of an object seized under
Section 503.2 from the owner by action in any court of competent
jurisdiction or by sale of the object at public auction.
801.3
Where, in the opinion of the Director of Operationss, it is impractical
to dispose of an object seized under Section 503.2 by public
auction, the City may dispose of the object in any way deemed fit
and recover the cost of such disposal from the owner of the object
by court action.
Impoundment of Vehicles
802.
802.1
Any vehicle unlawfully occupying any portion of City property,
street, boulevard, or public place may, upon the order of a Peace
Officer, Director of Operationss, Operations Supervisor or Bylaw
Enforcement Officer, be removed to an impoundment lot and such
a vehicle will not be released to its owner until the cost of its
removal and impoundment is paid.
802.2
All costs and charges for the removal, care or storage of a motor
vehicle removed under this section shall be paid by the owner of
the motor vehicle, and shall be a lien on it in favour of the keeper of
any repair shop, garage or storage place in which that motor
vehicle is stored. The lien may be enforced by him in the manner
provided by the Repairers Lien Act or the Warehouse Lien Act.
Liability for Damages and Costs
803
In addition to all other penalties herein provided, any person causing damage to
any street or boulevard or any person being the owner or operator of any vehicle
which causes damage to any street or boulevard shall be responsible for the cost
of repairing such damage.
Page 20 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
PART VII - MEASUREMENTS AND CALCULATIONS
900. Numerical quantities in this Bylaw are written in the International System of Units
(i.e. - metric); approximate Imperial Units are shown for convenience only.
PART VIII - SEVERABILITY
Severability
1000. In the event of a court of competent jurisdiction declaring any section,
subsection, sentence, clause, or phrase of this bylaw to be invalid, such a
decision shall not affect the validity of the remaining portions of this bylaw.
PART IX - REPEAL
Repeal of Streets and Traffic Bylaw No. 1251, 1978, and Amendments
Thereto.
1100. Bylaw No. 1251, "Streets and Traffic Bylaw, 1978" and all Bylaws enacted in
amendment thereto are hereby repealed.
___________________________________
MAYOR
___________________________________
CLERK
Read a first, second and third time by title on the 8th day of May, 1995.
Adopted on the 23rd day of May, 1995.
GS/nab
Page 21 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
PART X - SCHEDULES
Page 22 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
SCHEDULE 2
VEHICLES PARKED FOR ANY CONTINUOUS PERIOD
EXCEEDING TWENTY FOUR HOURS IN CITY OWNED PARKING LOTS
1.
Platzl Parking Lot
Parcel A of Lot 17, Block 6, Plan 1462
Lot 5, Block 5 save and except Parcel A (D.D. 18675-I); those parts of Lots 6, 8,
9, and 10, Block 5, shown outlined in red on Plan 1275; that part of Lot 7, Block
5, shown outlined in red on Plan D.D. 20520-A; Lot 20, Block 5; parts of Lots 15,
16, 18, and 19, Block 5, shown hatched in red on Plan D.D. 18801-A; Lots 16
and 17 and parts of Lots 18 and 19, Block 6, shown hatched in red on Plan D.D.
18801-A; save and except Parcel A (assigned) (D.D. 19203-I) of Lot 17, Block 6;
Lots 15 and 20, Block 6 shown outlined in red on Plan 1275, all in Kimberley City,
Plan 1462.
Lot 11, Block 5, Plan 1462
Parcel A of Lot 15 and Parcel A of Lot 16, Block 5, Plan 1462
Assigned Lot 16A, Block 5, Plan 1462
Lots 17 and 18, Block 5, Plan 1462
Parcel A of Lot 19, Block 5, Plan 1462
One-half of Lot 14 Block 5, Plan 1462
2.
Parking Lot behind Hotel Kimberley
Lots 20 - 23 inclusive, Block 1, Plan 1462
3.
Parking Lot Across from Legion
Lots 1 and 2, Block 4, Plan 1462
Parcel A of Lot 1, Block 4, Plan 1462
Parcel A of Lot 2, Block 4, Plan 1462
4.
Centennial Centre Parking Lot
Lot 4, Plan 2383, District Lot 3068, Kootenay Land District
5.
Kimberley Cemetery Parking Lot
Lots 5 and 6, Plan 2277, District Lot 1879, Kootenay Land District, and Parcel 2
of Parcel B (Ref. Plan 20973-I)
6.
Marysville Cemetery Parking Lot
Lot 1, Plan 10136, Kootenay Land District
Page 23 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
Page 2 - Schedule 2
7.
Central Park Parking Lot
Lot 1, Block 24, Plan 733A, Kootenay Land District
Lot 2, Block 24, Plan 733A, Kootenay Land District
Lot 3, Block 24, Plan 733A, Kootenay Land District
Lot 4, Block 24, Plan 733A, Kootenay Land District
Lot 5, Block 24, Plan 733A, Kootenay Land District
Lot 6, Block 24, Plan 733A, Kootenay Land District
Lot 7, Block 24, Plan 733A, Kootenay Land District
Lot 8, Block 24, Plan 733A, Kootenay Land District
Lot 9, Block 24, Plan 733A, Kootenay Land District
Lot 10, Block 24, Plan 733A, Kootenay Land District
Lot 11, Block 24, Plan 733A, Kootenay Land District
Lot 12, Block 24, Plan 733A, Kootenay Land District
Lot 13, Block 24, Plan 733A, Kootenay Land District
Lot 14, Block 24, Plan 733A, Kootenay Land District
Lot 15, Block 24, Plan 733A, Kootenay Land District
Lot 16, Block 24, Plan 733A, Kootenay Land District
Lot 17, Block 24, Plan 733A, Kootenay Land District
Lot 18, Block 24, Plan 733A, Kootenay Land District
Lot A, Plan 17449, District Lot 2378, Kootenay Land District
Lot 21, Block 24, Plan 733A, Kootenay Land District
Lot 22, Block 24, Plan 733A, Kootenay Land District
Lot 23, Block 24, Plan 733A, Kootenay Land District
Lot 24, Block 24, Plan 733A, Kootenay Land District
Lot 25, Block 24, Plan 733A, Kootenay Land District
Lot 26, Block 24, Plan 733A, Kootenay Land District
8.
Marysville Falls Parking Lot
Lot 1 - 6, Block 16, Plan 733A, Kootenay Land District
9.
Purcell Park Parking Lot
District Lot 2377, Kootenay Land District, 14.02 AC That Part of Parcel A (See
168001) shown outlined in red on Plan 1151871
10.
Marysville Arena Parking Lot
Lot 1, Plan 7962, District Lot 2377, Kootenay Land District, Except Plan NEP
19497, (Marysville Arena)
11.
City Hall East Side Parking Lot
Lot A, Plan 5560, District Lot 1358, Kootenay Land District
12.
City Hall North Front Parking Lot
Lot 3, Plan 2906, District Lot 1358, Kootenay Land District
13.
Civic Centre Parking Lot/Bocci Pit Parking Lot
Block 4, Plan 2277, District Lot 1879, Kootenay Land District
Page 24 of 24
Streets and Traffic Bylaw 1877, 1995 - Consolidated Version
Page 3 - Schedule 2
14.
North End of Nature Trail
Lot 1, Plan 5022, District Lot 1879, Kootenay Land District, Except Plan 7742
11828
15.
Ski Hill Parking Lot
District Lot 2995, Kootenay Land District, Except Plan 9971 10839 12327 12654,
Maverick FR MC M A 400 (1) (B)
16.
Taylor Pond Parking Lot - Catholic Church
Lot A, Plan 5342, District Lot 1358, Kootenay Land District, Except Plan 10412