This is the exact embedded text of the captured official document.
Snapshot bc7761f1accf · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
T O W N O F L A D Y S M I T H
"Streets and Traffic Bylaw 1999, No.1309"
Consolidated Version as on October 20, 2021
(This consolidation is authorized by "Bylaw Revision Bylaw 2022, No. 2090")
________
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be
consulted for all interpretations and applications of the bylaws of this subject
June 28, 1999
Includes Amendment Bylaw Nos.: 1619, 1636, 1748, 1941, 1993, 2041, 2042, and 2054
- i -
TABLE OF CONTENTS
PART I
INTERPRETATION ............................................................................................................................................. 1
DEFINITIONS ................................................................................................................................................................... I-IV
PART II
AUTHORITY ......................................................................................................................................................... 8
APPLICATION ...................................................................................................................................................................... 8
EXEMPTIONS ....................................................................................................................................................................... 8
DELEGATION OF POWERS ............................................................................................................................................ 9
BYLAW OFFENSE NOTICES ........................................................................................................................................ 10
PART III
VEHICLE AND OTHER REGULATIONS .................................................................................................... 12
TRAFFIC CONTROL DEVICES .................................................................................................................................... 12
STOPPING AT INTERSECTIONS ................................................................................................................................ 12
STUNTING .......................................................................................................................................................................... 12
UNNECESSARY NOISE .................................................................................................................................................. 13
RACING ................................................................................................................................................................................ 13
CARELESS DRIVING ....................................................................................................................................................... 13
OBEDIENCE TO TRAFFIC SIGNALS ......................................................................................................................... 13
FOLLOWING FIRE VEHICLE ........................................................................................................................................ 14
DRIVING OVER FIRE HOSE ......................................................................................................................................... 14
OBEYING FLAGPERSON............................................................................................................................................... 14
SPEED LIMITS .................................................................................................................................................................... 14
SCHOOLS ............................................................................................................................................................................ 14
PLAYGROUND .................................................................................................................................................................. 16
MEETING SCHOOL BUS ................................................................................................................................................ 16
APPROACH OF EMERGENCY VEHICLE ................................................................................................................ 16
NOISE FROM MOTOR VEHICLES ............................................................................................................................. 16
OBSCURING LICENSE PLATE ..................................................................................................................................... 16
PART IV
PEDESTRIAN AND CYCLE REGULATIONS ............................................................................................ 18
PERSONS IMPEDING TRAFFIC .................................................................................................................................. 18
CYCLES AND PLAY VEHICLES .................................................................................................................................... 18
PART V
ON STREET PARKING REGULATIONS .................................................................................................... 20
MANNER OF PARKING ................................................................................................................................................. 20
WHERE PARKING PROHIBITED ............................................................................................................................... 20
PARKING TIME LIMITS .................................................................................................................................................. 23
LOADING ZONES ............................................................................................................................................................. 23
DISABLED PARKING ...................................................................................................................................................... 23
IMPOUNDMENT OF VEHICLES................................................................................................................................. 24
PART VI
GENERAL REGULATIONS ............................................................................................................................ 25
OBEDIENCE TO PEACE OFFICERS, FIREFIGHTERS ......................................................................................... 25
LITTERING .......................................................................................................................................................................... 25
ABANDONED VEHICLES .............................................................................................................................................. 25
FAIL TO STATE NAME .................................................................................................................................................... 25
GENERAL OFFENCES ..................................................................................................................................................... 26
REMOVAL OF GLASS AND DEBRIS .......................................................................................................................... 27
UNAUTHORIZED SIGNS ............................................................................................................................................... 28
PART VII
HIGHWAY USE REGULATIONS - HEAVY TRUCKS - COMMERCIAL VEHICLES ..................... 29
TABLE OF CONTENTS continued . . .
SIZE, WEIGHT AND LOADING RESTRICTIONS .................................................................................................. 29
HIGHWAY USE REQUIRING PERMIT ...................................................................................................................... 30
HIGHWAY USE PERMITS .............................................................................................................................................. 31
TRUCK ROUTES ............................................................................................................................................................... 33
HEAVY COMMERCIAL VEHICLE PARKING ......................................................................................................... 34
HEAVY TRUCKS AT NIGHT .......................................................................................................................................... 35
ORDER OF DIRECTOR OF INFRASTRUCTURE SERVICES ............................................................................. 35
OVERWEIGHT VEHICLES ............................................................................................................................................ 36
PART VIII ALL TERRAIN VEHICLE REGULATIONS .................................................................................................. 38
REGULATIONS .................................................................................................................................................................. 38
OPERATION OF ALL TERRAIN VEHICLE ............................................................................................................... 38
MOTORCYCLE HELMETS ............................................................................................................................................ 39
PART IX
VEHICLE EQUIPMENT REGULATIONS ................................................................................................... 40
PART X
SIDEWALK PATIOS ........................................................................................................................................ 41
SIDEWALK PATIO PERMITS ....................................................................................................................................... 41
RETAIL DISPLAYS ............................................................................................................................................................ 41
PART XI
BOULEVARD AND SIDEWALKS ................................................................................................................ 44
SNOW REMOVAL FROM SIDEWALKS ................................................................................................................... 44
SIGNAGE ON THE SIDEWALK ................................................................................................................................... 44
BOULEVARD ...................................................................................................................................................................... 44
PART XII
ENFORCEMENT ............................................................................................................................................... 45
PENALTIES .......................................................................................................................................................................... 45
PART XIII
REPEAL ............................................................................................................................................................... 46
SCHEDULE "A" - FINE SCHEDULE ........................................................................................................................................ 1
SCHEDULE "B" - IMPOUND FEE SCHEDULE .................................................................................................................... 1
SCHEDULE "C" - DESIGNATED TRUCK ROUTE AND "NO HEAVY TRUCK" ROUTE .......................................... 1
SCHEDULE "D" - HIGHWAY USE PERMIT ......................................................................................................................... 1
SCHEDULE "E" - APPLICATION FOR SIDEWALK PATIO PERMIT ............................................................................ 1
SCHEDULE "F" - SIDEWALK PATIO PERMIT REGULATIONS ..................................................................................... 1
SCHEDULE "G" - SIDEWALK PATIO PERMIT NO. .......................................................................................................... 1
SCHEDULE "H" - DESIGNATED PATIO AREA................................................................................................................... 1
SCHEDULE "I" - RETAIL DISPLAY PERMIT NO. ............................................................................................................... 1
SCHEDULE "J" - APPLICATION FOR RETAIL DISPLAY PERMIT ................................................................................ 1
SCHEDULE "K" - RETAIL DISPLAY PERMIT REGULATIONS ....................................................................................... 1
TABLE OF CONTENTS continued . . .
Streets and Traffic Bylaw 1999, No. 1309
page 1
TOWN OF LADYSMITH
STREETS AND TRAFFIC
BYLAW 1998, NO. 1309
A Bylaw to regulate traffic, parking and the use of highways,
boulevards, sidewalks and public land in the Town of
Ladysmith.
Whereas the Council is authorized, pursuant to the Motor Vehicle Act, the Highway
Scenic Improvement Act, and the Municipal Act to regulate traffic and the use of highways
and to regulate the use of public areas within the Municipality.
The Council of the Town of Ladysmith, in open meeting assembled, ENACTS AS
FOLLOWS:
TITLE
1.
This Bylaw may be cited as the Town of Ladysmith Streets and Traffic Bylaw. 1998,
No. 1309.
PART I
INTERPRETATION
DEFINITIONS
2.
For the purposes of this Bylaw, unless the context otherwise requires:
"All Terrain Vehicle" means a self-propelled wheeled or tracked vehicle designed
for
(a)
personal transportation on or off the highway; or
(b)
the transportation of equipment or other goods on or off a highway,
including but not limited to a trailer attached to the vehicle and a golf
cart, but not a vehicle used for farming or an implement of
husbandry.
"Angle Parking" means the parking of a vehicle other than parallel to a curb or the
lateral lines of a roadway.
"Bicycle Safety Helmet" means any helmet that has been designated as an
approved bicycle helmet by the Superintendent of Motor Vehicles.
Streets and Traffic Bylaw 1999, No. 1309
page 2
Bylaw 1993
"Boulevard" means that portion of a highway between the edge of the travelled
portion of the roadway and the adjoining property line and, in the case of a
divided highway, that portion between the inside curbs.
"Bus" means a motor vehicle designed to carry more than ten persons.
"Bus Shelter" means a kiosk, enclosure, or structure which provides weather
protection to transit patrons which may include as part of its structure one or more
advertising signs.
"Bus Stop Sign" means a sign designated and issued by BC Transit at which public
transit buses may stop and allow the ingress and egress of passengers.
"Bylaw Enforcement Officer" means any person designated by the Council to
enforce the provisions of this Bylaw, including but not limited to a Building
Inspector and any person employed by contract or otherwise to enforce parking
regulations under this Bylaw.
"Chief of Police" means the Officer-In-Charge, Ladysmith Detachment, Royal
Canadian Mounted Police, and includes any member of the RCMP appointed or
designated by the Chief of police to act on his/her behalf.
"Council" means the Council of the Municipality.
"Combination of Vehicles" means every combination of truck, truck tractor, semi-
trailer and trailer.
"Commercial vehicle" includes but is not limited to:
(a)
a motor vehicle having permanently attached to it a truck or delivery body;
(b)
an ambulance, casket wagon, hearse, motor bus, tow vehicle, road building
machine, taxi, tractor; or
(c)
a combination of vehicles.
"Controlled Access Highway" means a highway designated as such under the
HIGHWAY ACT, R.S.B.C. 1996, c.188.
"Crosswalk" means
(a)
a portion of the roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by signs or by lines or other
markings on the road surface; or,
(b)
the portion of a highway at an intersection that is included within the
connection of the lateral lines of the sidewalk on the opposite sides
of the highway, or within the extension of the lateral lines of the
Streets and Traffic Bylaw 1999, No. 1309
page 3
sidewalk on one side of the highway, measured from the curbs, or in
the absence of curbs, from the edges of the roadway.
"Cycle" means a device having any number of wheels that is propelled by human
power and on which a person may ride but excludes a play vehicle.
"Disabled zone" means a parking zone identified by a disabled parking sign.
"Director of Development Services" means the person appointed as Director of
Development Services for the Municipality and includes his/her authorized deputy.
"Director of Infrastructure Services" means the person appointed as the Director of
Infrastructure Services for the Municipality and includes his/her authorized deputy.
"Driver" means a person who drives or is in actual physical control of a vehicle.
"Driveway" means the improved portion of the boulevard, or area between the
travelled portion of a highway and the property lines specifically designated and
improved to provide vehicular access at a particular point to a parcel of land, and
without limiting the generality of the foregoing, includes the curb, sidewalk, ditch
and boulevard.
"Dumpster Container" means a container, used for but not limited to receiving
garbage, that is designed and intended to be lifted by forks or other device
mounted on a vehicle and the contents emptied into that part of the vehicle
designed to receive same.
"Heavy Truck" means a motor vehicle which
(a)
has a licensed gross vehicle weight in excess of 9,000 kg; or
(b)
comprises a tractor towing one or more trailers or semi-trailers;
"Highway" includes every highway, road, street, lane, boulevard, sidewalk, bridge,
viaduct or right- of-way designed, intended for, or used by the general public for the
passage of vehicles, cycles or pedestrians and every private place or passageway to
which the public, for the purpose of the parking or servicing of vehicles, has access or
is invited.
"Intersection" means the area embraced within the prolongation or connection of
the lateral curb lines, or if none, then the lateral boundary lines of the roadways of
the two highways that join one another at or approximately at right angles, or the
area within which vehicles travelling on different highways joining at any other
angle may come in conflict.
Bylaw 1941
Bylaw 1941
Bylaw 1941
Streets and Traffic Bylaw 1999, No. 1309
page 4
"Lane" means a highway abutting the rear or side boundaries of parcels of land and
which is intended primarily to provide access to the rear or side yards of such
parcels.
"Director of Development Services" means the Director of Development Services
of Development Services for the Municipality and includes his/her authorized
deputy.
"Motor Cycle" means a motor vehicle running on two or three wheels and having a
saddle or seat for the driver to sit astride.
"Motorcycle Helmet" means any helmet that has been designated as an approved
motor cycle helmet by the Superintendent of Motor Vehicles.
"Motor Vehicle" means a vehicle, not run on rails, that is designated to be self
propelled or propelled by electric power obtained from overhead trolley wires or
on board storage batteries, but does not include a motorized wheelchair.
Bylaw 1941
Streets and Traffic Bylaw 1999, No. 1309
page 5
"Motorized Wheelchair" means a personal conveyance which is used by a person
who is disabled, aged or infirmed and is not self-propelled.
"Municipality" means the Town of Ladysmith.
"Park" when prohibited, means the standing, stopping or parking of a vehicle,
whether occupied or not, except when it is to stand, stop, or park temporarily for
the purpose of and while actually engaged in loading or unloading goods or
discharging or taking on passengers.
"Peace Officer" means a police officer, constable or a person having the powers of a
police officer.
"Pedestrian" means a person afoot and includes but is not limited to a person in a
wheelchair, in a motorized wheelchair or in a carriage.
"Permit", when used as a noun, includes any permit issued to an applicant pursuant
to this bylaw.
"Play vehicle" includes coaster, wagon, scooter, child's tricycle, in line skates,
rollerskates, skateboard, sled, toboggan, ski or skate and any other wheeled or
runnered device propelled by human power upon which any person may ride but
does not include a cycle.
"Public Place" includes any land or improvements on land occupied by or under the
care, custody or control of the Municipality.
"Recovery Vehicle" means a motor vehicle that is equipped with a winch and boom
device or a wheel lift device or both, and that is designated for towing other motor
vehicles by means of that device.
"Residential District" means all those properties within the Municipality which are
zoned for residential use pursuant to "The Town of Ladysmith Zoning Bylaw, 1995,
No. 1160" and its amendments.
"Roadway' means the portion of the highway that is improved, designed or
ordinarily used for vehicular traffic, but does not include the shoulder; and where a
highway includes two or more separate roadways, the term "roadway" refers to
any one roadway separately and not to all of them collectively.
"Roll Off Container" means a container, used for but not limited to receiving
demolition debris, that is designed and intended to be loaded and unloaded by
means of a winch onto the rails of a truck designed for that purpose.
Streets and Traffic Bylaw 1999, No. 1309
page 6
"Sidewalk" means the area between the curb lines or lateral lines of a roadway and
the adjacent property lines improved for use of pedestrians, or other uses
authorized by a permit or any other improved area designated for pedestrian use
only.
"Stop" or "Stand" means,
(a)
when required, a complete cessation from movement; and
(b)
when prohibited, the stopping or standing of a vehicle, whether
occupied or not, except when necessary to avoid conflict with other
traffic or to comply with the directions of a peace officer or traffic
control device;
"Superintendent of Motor Vehicles" means the Superintendent of Motor Vehicles
as defined in the MOTOR VEHICLE ACT, R.S.B.C. 1996, c. 318.
"Superintendent of Public Works" means the person appointed as the
Superintendent of Public Works for the Municipality, and includes his/her
authorized deputy.
"Taxi" means a motor vehicle which is designed to carry not more than ten (10)
persons including its driver and is operated for hire.
"Tilt and Slide Deck Truck" means a motor vehicle that is equipped with:
(a)
a deck that tilts and slides,
(b)
a winch for self loading not more than two vehicles onto the deck,
and
(c)
either a lifting tow bar or a wheel lift device designed for towing
other motor vehicles by means of that bar or device.
"Tow Vehicle" means a tilt and slide deck truck or recovery vehicle.
"Traffic" includes pedestrians, ridden or herded animals, vehicles, cycles, play
vehicles and other conveyances, either singly or together, while using a highway to
travel, or using a public place.
"Traffic Control Device" means a sign, signal, line, meter, marking, space, barrier or
device placed or erected by authority of the Director of Infrastructure Services, to
control, prohibit or regulate traffic.
"Traffic Control Signal" means a traffic control device, whether manually,
electrically or mechanically operated, by which traffic is directed to stop and to
proceed;
Bylaw 1941
Streets and Traffic Bylaw 1999, No. 1309
page 7
"Trailer" means a vehicle that is at any time drawn by or used in conjunction with a
motor vehicle on a highway except;
(a)
an implement of husbandry;
(b)
a sidecar attached to a motor cycle; and
(c)
a disabled motor vehicle that is towed by a tow vehicle.
"Truck" means a motor vehicle designed or used primarily for the transportation of
property.
"Truck Route" means a highway, a portion of a highway, or a series of connected
highways, designated and described as such in Schedule "C" hereto on which Heavy
Trucks may be present and travel at any and all times.
"Truck Tractor" means a motor vehicle designed and used primarily for drawing
other vehicles and not constructed to carry a load other than a part of the weight of
the vehicle drawn and of the load of the other vehicle.
"Vehicle" means a device in, on or by which a person or thing is or may be
transported or drawn on a highway, except a device designed to be moved by
human power or used exclusively on stationary tracks or rails.
3.
Words not specifically defined in this Bylaw shall have the same meaning as
defined in the MOTOR VEHICLE ACT, R.S.B.C. 1996 c. 318;
Streets and Traffic Bylaw 1999, No. 1309
page 8
PART II
AUTHORITY
APPLICATION
4.
(1)
This bylaw applies to any person involved in any activity or subject matter
covered by this Bylaw within the Municipality.
(2)
A person riding a cycle or an animal or driving an animal drawn vehicle upon
a highway has all the rights and is subject to all the duties, limitations and
responsibilities that apply to the driver of a vehicle under this Bylaw.
EXEMPTIONS
5.
This bylaw does not apply to:
(1)
persons, vehicles or other equipment while lawfully engaged in highway or
public utility construction, maintenance or repair work on, over or under the
surface of a highway.
(2)
the driver of any emergency vehicle:
(a) while it is responding to an emergency call and sounding an audible
signal, siren, or bell, and showing at least a flashing red light; or at the
scene of an emergency and showing at least a flashing red light;
(b) who is a Peace Officer, in immediate pursuit of an actual or suspected
violator of the law;
(c) who is a Peace Officer, engaged in a police duty of a nature that the
sounding of an audible signal or siren would unduly hamper the
performance of that duty;
(3)
the stopping, standing or parking of vehicles in official use:
(a) that is owned, leased or under contract with the Government of Canada,
Province of British Columbia or any municipality;
(b) by a public utility corporation;
(c) as a tow vehicle;
while such vehicles are actually engaged in official use.
(4)
a Bylaw Enforcement Officer engaged in the performance of his/her duties
in enforcing the bylaws of the Municipality.
Streets and Traffic Bylaw 1999, No. 1309
page 9
DELEGATION OF POWERS
6.
The Director of Infrastructure Services is hereby authorized:
(1)
to order the placing or erection of traffic control devices for the regulation,
control or prohibition of traffic, for the purposes of giving effect to the
provisions of the MOTOR VEHICLE ACT, R.S.B.C., 1996, c. 318, and this
bylaw.;
(2)
to order the placing or erection of traffic control devices for the regulation,
control or prohibition of the stopping, standing or parking of vehicles on a
highway.;
(3)
to order the placing or erection, for temporary periods not exceeding thirty
(30) days at any one time, of traffic control devices prohibiting parking:
(a) at the entrance to dance halls, funeral parlors, or other places of public
assemblage during the periods of assemblage therein;
(b) upon either or both sides of the highway or portion thereof along the
route of any parade or in the vicinity of large gatherings;
(c) at any location where, in special circumstances it is deemed necessary to
facilitate or safeguard traffic; or
(d) in front of any buildings or structures under construction, alteration,
repair or demolition.;
(4)
to set apart and allot portions of highways adjacent to federal, provincial or
municipal public buildings for the exclusive use of officials and officers
engaged in them for the parking of vehicles, and the regulation of that
parking.;
(5)
to order the designation of portions of highways as:
(a) bus stops;
(b) bus shelters
(c) loading zones;
(d) taxi zones; or
(e) cycle paths.;
(6)
to order or authorize the erection, maintenance and operation of bus
shelters that may be permitted on a highway.;
(7)
when, in his/her opinion, any highway or any section thereof is unsafe or
unsuitable for traffic, or it is advisable that traffic should be restricted or
Streets and Traffic Bylaw 1999, No. 1309
page 10
diverted therefrom, to order the closing of such highway or section thereof,
or the restriction or diversion of traffic thereon.;
(8)
to make orders regarding the size, location and type of signs other than
traffic control devices that may be permitted on a highway; and
(9)
to order the alteration, repainting, tearing down removal of any sign or
other thing on a highway, whether erected or placed thereon with or
without his/her approval, without compensation to any person for loss or
damage resulting from such alteration, repainting, tearing down or removal.
7.
The Director of Infrastructure Services, the Director of Development Services, the
Fire Chief, the Building Inspector, a Bylaw Enforcement Officer, a Peace Officer,
each of their respective Deputies and Assistants, and any person designated by
Council resolution are authorized to:
(a)
Enforce and carry out the provisions of this bylaw:
(b)
Enter, at all reasonable times, any day of the week, on any property
or premises in order to ascertain whether such regulations are being
obeyed;
(c)
Issue bylaw offence notices; and
(d)
Detain, tow or impound any vehicle, trailer, or cycle in violation of
this bylaw.
8.
In addition to any other penalty or method of enforcement that may be prescribed
by this bylaw, a Peace Officer may detain and impound any play vehicle being used
by any person in contravention of this bylaw.
BYLAW OFFENSE NOTICES
9.
(1)
The Director of Infrastructure Services, in conjunction with the Chief of
Police, may arrange and administer a system to collect voluntary-indicated
and Court-ordered penalties and fines respectively, including the ultimate
taking of criminal proceedings; to provide notice to persons who are alleged
to have committed a breach of a provision of this Bylaw.
(2)
The system may also include the collection of voluntary penalties for alleged
violations at a rate for each penalty to be collected in accordance with
Schedule "A".
(3)
The Municipality may also take and direct civil proceedings against any
person alleged to have breached the provisions of this Bylaw.
(4)
When the Municipality enters into proceedings against a person charged
with an offense under this Bylaw, the Municipality may assess costs:
Streets and Traffic Bylaw 1999, No. 1309
page 11
(a)
where a summons is issued;
(b)
where personal service of a summons is required; or
(c)
where a warrant is obtained.
Streets and Traffic Bylaw 1999, No. 1309
page 12
PART III
VEHICLE AND OTHER REGULATIONS
TRAFFIC CONTROL DEVICES
10.
(1)
Division 23 of the MOTOR VEHICLE ACT REGULATIONS, BC Reg. 26/58, is
hereby adopted as regulations under this Bylaw and shall be applicable to all
highways as defined herein.
(2)
Where a traffic control device, authorized by the Director of Infrastructure
Services under this bylaw, is erected or placed on any highway or public
place, no person shall drive, operate, stop or park a vehicle or act in a
manner contrary to that indicated by the traffic control device, except
where directed to do so by a Peace Officer.
(3)
Except by order of the Director of Infrastructure Services, no person shall
tear down, remove, displace or in any manner whatsoever deface, damage
or interfere with any traffic control device erected or placed pursuant to
this Bylaw.
(4)
No person other than the owner or operator of a vehicle shall remove any
notice placed thereon or affixed thereto by any person authorized to issue
such a notice pursuant to this Bylaw.
STOPPING AT INTERSECTIONS
11.
Except when a Peace Officer directs otherwise, where there is a stop sign at an
intersection, a driver of a vehicle shall stop:
(1)
at a marked stop line, if any;
(2)
before entering a marked crosswalk on the near side of the intersection, or;
(3)
when there is neither a marked stop line nor a marked crosswalk, before
entering the intersection, at a point nearest the intersecting highway from
which the driver has a view of the approaching traffic on the intersecting
highway.
STUNTING
12.
No person, whether as a pedestrian, passenger or driver and whether or not with
the use or aid of any animal, vehicle, cycle, play vehicle, or other thing, shall
perform or engage in any stunt or other activity on a highway that is likely to
distract, startle or interfere with other users of the highway.
Streets and Traffic Bylaw 1999, No. 1309
page 13
UNNECESSARY NOISE
13.
No person shall cause the emission of any loud and unnecessary noise from a motor
vehicle:
(1)
By using or by means of the horn, engine, exhaust system, braking system,
acceleration system, tires in contact with the roadway; or
(2)
By the amplified sound of an alarm system, radio, television, player or other
sound playback device or amplification equipment, or the sound of a musical
instrument, that emanates from a motor vehicle and can easily be heard by
someone outside the motor vehicle;
(3)
By starting and idling of a commercial vehicle for an excessive period of
time; or
(4)
Otherwise, from the motor vehicle, any part thereof, or any thing or
substance that the motor vehicle or a part thereof comes into contact with.
RACING
14.
No person shall, unless lawfully authorized by the Director of Infrastructure
Services, drive a vehicle on a highway in a race or on a bet or wager.
CARELESS DRIVING
15.
No person shall drive a motor vehicle on a highway
(1)
without due care and attention;
(2)
without reasonable consideration for others using the highway; or
(3)
at a speed that is excessive relative to the road, traffic, visibility or weather
conditions.
NEWLY PAINTED LINES
16.
No person shall drive on or over a newly painted line or marking on a highway
when the line is indicated by a traffic control device.
OBEDIENCE TO TRAFFIC SIGNALS
17.
Notwithstanding anything contained in this Bylaw, if on or over a highway there is:
(1)
one or more traffic controls devices indicating the direction vehicles shall
proceed, a person shall not drive a vehicle other than in the direction
indicated;
Streets and Traffic Bylaw 1999, No. 1309
page 14
(2)
a traffic control device indicating that a certain movement is prohibited, no
person shall drive a vehicle in a movement prohibited by the traffic control
device.
FOLLOWING FIRE VEHICLE
18.
A driver who is not a driver of an emergency vehicle shall not follow fire apparatus
closer than 150 metres or drive or park within 150 metres of the place on the same
highway on which fire apparatus has stopped in apparent answer to a fire alarm.
DRIVING OVER FIRE HOSE
19.
Unless the driver has received consent of the Fire Department official in command
or a Peace Officer, the driver shall not drive a vehicle over an unprotected hose of a
Fire Department when laid down on a highway or private driveway at the site of
the emergency.
OBEYING FLAGPERSON
20.
Where a flagperson is controlling the movement of traffic around the section of
highway being worked on, a person shall not drive or operate a vehicle other than
as directed by the flagperson.
SPEED LIMITS
21.
(1)
Subject to this section, a person shall not drive or operate a motor vehicle on
a highway in the municipality at a greater rate of speed than 50 km/h, unless
posted otherwise.
(2)
Where the Director of Infrastructure Services has caused a sign to be
posted for a highway changing the rate of speed of motor vehicles or a
category of motor vehicles driven or operated on that portion of the
highway, a person shall not, when the sign is posted, drive or operate a
vehicle on that portion of the highway at a greater rate of speed than that
indicated on the sign for that category of motor vehicle.
(3)
A person shall not drive or operate a motor vehicle on a lane at a greater
rate of speed than 20 km/h.
SCHOOLS
22.
Between the hours of 8 a.m. and 5 p.m. on a day when school is regularly held,
every person driving a vehicle on a highway shall drive at a rate of speed not
Streets and Traffic Bylaw 1999, No. 1309
page 15
exceeding 30 km/h while approaching, passing or in the vicinity of the school to
which the signs relate, where signs are displayed stating a speed limit of 30 km/h or
on which the numerals "30" are prominently shown,.
Streets and Traffic Bylaw 1999, No. 1309
page 16
PLAYGROUND
23.
Between dawn and dusk, every person driving a vehicle on a highway shall drive
the vehicle at a rate of speed not exceeding 30 km/h when approaching or passing
a public playground for children where signs are displayed stating a speed limit of
30 km/h, or on which the numerals "30" are prominently shown.
MEETING SCHOOL BUS
24.
The driver of a vehicle on a highway, on meeting a school bus
(a)
that is designated as a school bus; and
(b)
that is stopped on a highway; and
(c)
on or near which a sign or signal is displayed indicating the school bus is
receiving or discharging school children,
shall stop the vehicle before reaching the bus and not proceed until the bus
resumes motion or the driver of the bus signals to the driver that it is safe to
proceed.
APPROACH OF EMERGENCY VEHICLE
25.
On the immediate approach of an emergency vehicle giving an audible signal by a
bell, siren or exhaust whistle, and showing at least a visible flashing red light,
except when otherwise directed by a peace officer, a driver shall yield the right-of-
way, and immediately drive to a position parallel to and as close as possible to the
nearest edge or curb of the roadway, clear of an intersection, and stop and remain
in that position until the emergency vehicle has passed.
NOISE FROM MOTOR VEHICLES
26.
No person shall start, drive, turn or stop any motor vehicle, or accelerate the
vehicle engine while the vehicle is stationary, in a manner which causes any loud
and unnecessary noise in or from the engine, exhaust system or the braking system,
or from the contact of the tires with the roadway.
OBSCURING LICENSE PLATE
27.
(1)
No person shall obscure a vehicle license plate.
(2)
No person shall operate a vehicle with an obscured vehicle license plate.
Streets and Traffic Bylaw 1999, No. 1309
page 17
(3)
No person shall operate a vehicle equipped with a device capable of
temporarily or permanently obscuring a licence plate.
Streets and Traffic Bylaw 1999, No. 1309
page 18
PART IV
PEDESTRIAN AND CYCLE REGULATIONS
PERSONS IMPEDING TRAFFIC
28.
(1)
No person shall engage in any sport, amusement, exercise or occupation on
a highway or stand, walk, run or loiter in such a manner as to obstruct,
impede or interfere with the free passage of vehicles on a highway.
(2)
No person shall engage in any sport, amusement, exercise or occupation on
a sidewalk or stand, walk, run or loiter in such a manner as to obstruct,
impede or interfere with the free passage of another person on a sidewalk.
(3)
No person shall engage in street performing, busking, panhandling, fund
raising or soliciting donations on a highway or a sidewalk, unless the person
has a permit granted by another bylaw or has received approval from
Council prior to engaging in that activity.
CYCLES AND PLAY VEHICLES
29.
(1)
In addition to the duties imposed by this section, a person operating a cycle
on a highway has the same rights and duties as a driver of a vehicle.
(2)
A person operating a cycle
(a)
shall not ride on a sidewalk unless authorized by this bylaw or unless
otherwise directed by a traffic control device;
(b)
shall not, for the purpose of crossing a highway, ride on a crosswalk
unless authorized to do so by this Bylaw or unless otherwise directed
by a traffic control device;
(c)
shall, subject to paragraph (a), ride as near as practicable to the right
side of the roadway;
(d)
shall not ride abreast of another person operating a cycle on the
roadway;
(e)
shall keep at least one hand on the handlebars;
(f)
shall not ride other than on or astride a regular seat of the cycle;
Streets and Traffic Bylaw 1999, No. 1309
page 19
(g)
shall not use the cycle to carry more persons at one time than the
number for which it is designed and equipped;
(h)
shall not ride a cycle on a highway where signs prohibit their use; and
(i)
shall not ride a cycle on a highway without a bicycle safety helmet,
unless exempted by regulation made by the Director of
Infrastructure Services.
(3)
A parent or guardian of a person under the age of 16 shall not authorize or
knowingly permit such persons to operate or ride as a passenger on a cycle
on a highway if that person is not properly wearing a bicycle safety helmet.
(4)
A person operating a cycle shall not ride it on a roadway if there is a usable
path intended for the use of cycles adjacent to the roadway.
(5)
A person shall not ride a cycle or play vehicle and hold on to a vehicle on the
highway.
(6)
A person shall not operate a cycle on a highway without due care and
attention or without reasonable consideration for other persons using the
highway
(7)
A cycle operated on a highway between 1/2 hour after sunset and 1/2 hour
before sunrise shall have a lighted lamp mounted on the front, capable of
displaying a white light visible under normal atmospheric conditions at least
150 metres in the direction in which the cycle is pointed, and a red reflector
of a make or design approved by the Director of Infrastructure Services, or a
lighted lamp, mounted on the rear and capable of reflecting or displaying a
red light toward the rear. In addition, every cycle operated on a highway
shall have the most conspicuous portion of its rear mud guard, for a length
of not less than 22.5 cm and the full width of the mud guard, painted white.
(8)
No person shall use a play vehicle on a roadway unless the roadway has a
separate lane or pathway designated for cycles.
(9)
No person shall propel, coast or ride or in any other way use a play vehicle
on any portion of the highway or sidewalk in the downtown core bounded
by and including Second Avenue, Esplanade, Baden Powell Street and
Symonds Street and other areas designated by sign.
Streets and Traffic Bylaw 1999, No. 1309
page 20
PART V
ON STREET PARKING REGULATIONS
MANNER OF PARKING
30.
(1)
Except when permitted by a traffic control device, no person shall stop,
stand or park a vehicle on a roadway other than on the right side of the
roadway and with the right hand wheels parallel to that side, and where
there is a curb, within 30 cm of the curb;
(2)
No person shall permit a motor vehicle to stand unattended or parked
unless the person has:
(a)
locked it and made it secure in a manner that prevents its
unauthorized use; and
(b)
if the motor vehicle is standing on a grade, turned the front wheels of
the vehicle to the curb or side of the roadway;
(3)
No person shall park a vehicle so as to obstruct the free passage of traffic on
the highway.
(4)
No person shall park a vehicle where a traffic control device indicates that
angle parking is permitted other than at an angle indicated by parking lines
marked on the highway and with the right front wheel not more than 30 cm
from the curb. In the absence of parking lines, a person shall park at an
angle of 60 degrees from the curb.
(5)
No person shall stop, stand or park a vehicle upon a highway without proper
or valid license plates.
WHERE PARKING PROHIBITED
31.
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, a person shall not stop,
stand or park a vehicle:
(1)
on a sidewalk or in area that has non mountable curbs adjacent to them;
(2)
in front of, or within 2 metres on either side of a public or private driveway,
walkway or cycle path;
Streets and Traffic Bylaw 1999, No. 1309
page 21
(3)
in an intersection, except as permitted by a traffic control device;
(4)
within 5 metres of a fire hydrant measured from a point in the curb or edge
of the roadway which is closest to the fire hydrant;
(5)
on a crosswalk;
(6)
within 15 metres of the approach of or 6 metres beyond a crosswalk;
(7)
within 6 metres of the approach of a flashing beacon, stop sign or traffic
control signal located at the side of a roadway;
(8)
within 15 metres of the nearest rail of a railway crossing;
(9)
on a highway for the principal purpose of:
(a)
displaying a vehicle for sale;
(b)
advertising, greasing, painting, wrecking, storing or repairing a
vehicle, except where repairs are necessitated by an emergency;
(c)
displaying signs; or
(d)
selling flowers, fruit, vegetables, seafood or other commodities or
articles;
(10)
alongside or opposite any street excavation or obstruction when stopping,
standing or parking obstructs traffic;
(11)
on the roadway side of a vehicle stopped or parked at the edge or curb of a
roadway;
(12)
on a bridge or other elevated structure on a highway, or in a highway tunnel,
except as permitted by a traffic control device;
(13)
in a place in contravention of a traffic control device that gives notice that
stopping, standing or parking there is prohibited or restricted;
(14)
in a manner so as to obstruct the visibility of any traffic control device
erected pursuant to this bylaw;
(15)
in a designated angle parking zone where the length of the vehicle and/or
trailer exceeds 6 metres;
Streets and Traffic Bylaw 1999, No. 1309
page 22
(16)
within 20 metres of the approach of or 10 metres beyond any bus stop sign;
or
(17)
within 9 metres of the lateral line of an intersecting roadway.
Streets and Traffic Bylaw 1999, No. 1309
page 23
PARKING TIME LIMITS
32.
Notwithstanding any other provision of this Bylaw, no person shall park a vehicle
on any highway for more than seventy-two (72) hours continuously.
(1) beyond the time limit specified by the traffic control device.
(2) in the absence of a traffic control device, for more than seventy-two (72)
hours continuously. For the purposes of this section, a vehicle shall be
deemed continuously parked for as long as it remains within the public
parking lot or on either side of the highway within the block in which it was
originally parked.
LOADING ZONES
33.
No driver or operator of any vehicle shall stop:
(1)
in a loading zone for a period exceeding three minutes for the loading or
unloading of passengers or for a period exceeding ten minutes for the
loading or unloading of materials, with the exception of licensed taxis which
shall be permitted to stop in loading zones providing:
(a)
there is no designated taxi stand within the block where the loading
zone is located;
(b)
the taxi operator does not leave the vehicle unattended; and
(c)
the taxi driver, if not in the process of loading or unloading
passengers, will vacate the loading zone immediately when it is
required for pickup or delivery services;
(2)
in any passenger zone for a period exceeding three minutes for the loading
or unloading of passengers.
DISABLED PARKING
34.
No person shall stop or park a vehicle in a disabled zone on a highway without
displaying on the vehicle:
(1)
a valid disabled person's parking permit issued pursuant to Division 38 of
the MOTOR VEHICLE ACT REGULATIONS, BC Reg. 26/58; or
(2)
a permit of similar nature issued by another jurisdiction.
Bylaw 1941
Streets and Traffic Bylaw 1999, No. 1309
page 24
IMPOUNDMENT OF VEHICLES
35.
(1)
Any vehicle standing or parked in contravention of this Bylaw or unlawfully
occupying a portion of a highway or public place may, upon the order of the
Director of Infrastructure Services, Fire Chief or their designates, a Bylaw
Enforcement Officer or a Peace Officer, be removed to an impoundment
area in such place as is directed by the said person and such vehicle shall not
be released to its owner until the fees set out in Schedule "B" have been paid
to the Municipality.
(2)
Notice sent to the address of the registered owner, as shown on the records
of the Registrar of Motor Vehicles, of every vehicle impounded under this
Section and not claimed by its owner within 5 days from the date of
impoundment shall:
(a)
indicate that the vehicle is in the Municipality's possession and that it
has not been claimed;
(b)
advise the date of impoundment;
(c)
specify fees owing to reclaim the vehicle; and
(d)
indicate the date after which the vehicle may be sold if not reclaimed;
(3)
Any vehicle impounded under this Section and not reclaimed within two (2)
months from the date of impoundment may be sold at public auction and
any monies received from the sale shall:
(a)
firstly, be applied to the cost of the sale;
(b)
secondly, be applied to the payment of fees as set out in Schedule A;
(c)
thirdly, any surplus be sent by registered mail to the address of the
registered owner, as shown on the records of the Registrar of Motor
Vehicles; and
(d)
where the owner of the vehicle cannot be determined or located
after reasonable effort, any surplus after one year from date of
impoundment be paid into the general funds of the Municipality.
Streets and Traffic Bylaw 1999, No. 1309
page 25
PART VI
GENERAL REGULATIONS
OBEDIENCE TO PEACE OFFICERS, FIREFIGHTERS
36.
(1)
A Peace Officer, in order to expedite the movement of traffic or to
safeguard pedestrians or property shall have full power to direct and
regulate traffic and in doing so may disregard any traffic control device;
(2)
A Firefighter, in attendance at the scene of a fire or other emergency, in
order to expedite the movement of traffic or to safeguard pedestrians or
property shall have full power to direct and regulate traffic and in doing so
may disregard any traffic control device;
(3)
Every person shall at all times comply with any lawful order, direction, signal
or command made or given by a Peace Officer or Firefighter in the
performance of his/her duty in directing or regulating traffic.
LITTERING
37.
No person shall throw or cause to be deposited or to flow on a highway any
noxious, offensive or filthy water or other substance or any other article or thing,
whether broken or intact.
ABANDONED VEHICLES
38.
(1)
No person shall abandon a vehicle, or leave a roll-off container or dumpster
container on a highway, public right-of-way, or on a public place, without
lawful authority.
(2)
Where the Director of Infrastructure Services, Bylaw Enforcement Officer
or a Peace Officer is satisfied that a vehicle, roll-off container or dumpster
container has been abandoned or left on a highway without lawful
authority, he may have it towed and impounded pursuant to this bylaw.
FAIL TO STATE NAME
39.
When requested by a Peace Officer or by a Bylaw Enforcement Officer:
Streets and Traffic Bylaw 1999, No. 1309
page 26
(1)
the driver or operator of a vehicle, or the person in charge of a vehicle on a
highway, shall correctly state his/her name and address and the name and
address of the owner of the vehicle;
(2)
a pedestrian or the operator of a cycle, who has apparently committed an
offence under this Bylaw, shall correctly state his/her name and address.
GENERAL OFFENCES
40.
(1)
No person shall leave any excavation, roll off container or other obstruction
on a highway without obtaining written permission from the Director of
Infrastructure Services, and if permission is granted shall place barricades
and warning devices for the protection of the public;
(2)
No person being the owner or occupier of any premises, shall cut, saw break,
split, place or pile firewood, lumber, blocks, rock, stone, debris or other
material, or mix mortar, or do any other act upon a highway which will
obstruct or impede traffic thereon or deface or damage the highway;
(3)
No person being the owner or occupier of any premises or any other person
purchasing or delivering firewood, lumber, blocks, rock, stone or other
material shall allow such firewood, lumber, blocks, rock, stone or other
material to remain on or to be placed on any highway in such a manner as to
obstruct or impede traffic thereon;
(4)
No person shall interfere with any traffic control device, barricade, sign,
warning lamp or other device which is lawfully occupying any highway at or
near an excavation, obstruction or work being performed thereon;
(5)
No person shall occupy a vehicle, trailer, camper or boat parked on a
highway or boulevard for the purpose of lodging, sleeping accommodation
or a residence;
(6)
No person shall drive or operate a vehicle on a highway between the
persons or vehicles comprising a parade or funeral procession;
(7)
No person shall drive a vehicle over an unprotected hose of a fire
department when laid down on a highway or private driveway, at a fire or
alarm of a fire unless he/she has received consent of the Fire Department
officer in command or a Peace Officer.
Bylaw 1941
Streets and Traffic Bylaw 1999, No. 1309
page 27
REMOVAL OF GLASS AND DEBRIS
41.
Every person who removes a wrecked or damaged vehicle from the scene of an
accident on a highway shall remove all glass and other debris caused by the
accident from the highway.
Streets and Traffic Bylaw 1999, No. 1309
page 28
UNAUTHORIZED SIGNS
42.
(1)
No person, other than the Director of Infrastructure Services or a person or
persons authorized by the Director of Infrastructure Services, shall place or
maintain signs of any nature in any manner upon a highway or upon erected
highway signs or upon any pole or structure on a highway.
(2)
Any sign erected in contravention of subsection (1) may be removed by the
Director of Infrastructure Services or such other persons as may be duly
authorized by the Director of Infrastructure Services.
(3)
Any such sign so removed by the Director of Infrastructure Services or such
other persons as may be duly authorized by the Director of Infrastructure
Services may be claimed at the Works Yard on payment of an impound fee
as set out in Schedule "B".
(4)
The Municipality accepts no liability for any damage done to any such sign in
any way.
(5)
Signs not claimed within five clear working days will be destroyed in a
manner prescribed by the Director of Infrastructure Services.
Streets and Traffic Bylaw 1999, No. 1309
page 29
PART VII
HIGHWAY USE REGULATIONS -
HEAVY TRUCKS - COMMERCIAL VEHICLES
SIZE, WEIGHT AND LOADING RESTRICTIONS
43.
(1)
Hereby adopted as regulations pursuant to this Bylaw are
(a)
MOTOR VEHICLE ACT REGULATIONS, B.C. Reg. 26/58
(a)
Section 19.01;
(b)
Section 19.02;
(c)
Section 19.03;
(d)
Section 19.04; and
(e)
Section 19.06;
(b)
MOTOR VEHICLE ACT REGULATIONS, B.C. Reg. 26/58 Division 35
Securement of Vehicle Loads;
(c)
COMMERCIAL TRANSPORT ACT REGULATIONS, B.C. Reg. 30/78
(a)
Division 1
Interpretation;
(b)
Division 2
Application;
(c)
Division 7
(commencing at Section 7.02) Size and Weight
Regulations; and
(d)
Division 8
Pilot Cars and Signs;
(e)
Division 11
Penalties;
(2)
For the purposes of this bylaw, wherever in these regulations adopted by
this bylaw, the term "Minister" or "Minister of Transportation and
Highways" appears, the term "Director of Infrastructure Services" shall be
substituted and where the term "Act" appears, the term "bylaw" shall be
substituted.
(3)
No person shall operate a vehicle on a highway in the Municipality contrary
to regulation adopted by this section.
Streets and Traffic Bylaw 1999, No. 1309
page 30
HIGHWAY USE REQUIRING PERMIT
44.
(1)
Except as authorized by a permit issued by the Director of Infrastructure
Services pursuant to this Bylaw, no person shall:
(a)
place any fuel, lumber, blocks, rock, stone, merchandise, chattel or
ware of any nature on any highway;
(b)
deposit, throw, or leave any earth, refuse, debris or other thing on a
highway;
(c)
being the owner or occupier of property abutting on a highway, cause
or permit any earth, rocks, stones, logs or stumps or other things to
cave, fall, crumble, slide or accumulate from any such property upon
a highway or, being there, to remain thereon;
(d)
drag or skid anything along or over a highway;
(e)
dig up, break up or remove any part of a highway; cut down or
remove trees or timber growing on a highway; or excavate in or
under a highway;
(f)
change the level of a highway whatsoever, or stop the flow of water
through any drain, sewer or culvert on or through a highway;
(g)
place, construct or maintain a loading platform, skids, rails,
mechanical devices, buildings, signs or any other structures or things
on a highway;
(h)
construct or maintain a ditch, sewer or drain, the effluent from which
causes damage, fouling, nuisance or injury to any portion of a
highway;
(i)
mark, imprint or deface in any manner whatsoever a highway or
structure thereon;
(j)
ride, drive, lead, move or propel any animal or vehicle over or across a
boulevard, including any curb, sidewalk or ditch therein unless such
boulevard has been constructed or improved to form a suitable
crossing;
(k)
construct a boulevard crossing, including a curb, ditch or sidewalk
crossing;
Streets and Traffic Bylaw 1999, No. 1309
page 31
(l)
cause damage to, cut down or remove trees, shrubs, plants, bushes
and hedges, fences or other things erected or maintained on a
boulevard;
(m)
operate a vehicle while sounding a calliope, loudspeaker or other
noise making device, unless the vehicle is being operated as an ice
cream vendor vehicle for which there has been issued a valid
business licence;
(n)
march, drive or otherwise take part in a parade or procession except
a funeral procession;
(o)
conduct construction on a highway or traffic control relating to such
construction; or
(p)
conduct construction on land adjacent to a highway where access
from the highway to the land is required for that purpose.
(2)
For the purpose of this section construction means new construction,
repair, replacement and maintenance of any matter or thing.
HIGHWAY USE PERMITS
45.
(1)
The Director of Infrastructure Services may issue a permit in the form
prescribed in Schedule "D" as to those things otherwise prohibited in this
Part, subject to payment of an application fee of $25.00 and subject to other
conditions contained in this Part;
(2)
As a prerequisite to the issuance of a permit under this Section, the
applicant shall:
(a)
deposit with the Municipality a sum of money not less than
$1,000.00 or, where the amount is greater than $5,000.00, an
irrevocable Letter of Credit which is, in the opinion of the Director of
Infrastructure Services, sufficient:
(i)
to pay the cost of repairing any potential damage to the
highway, or any installations therein or thereon, by reason of
the things to be done pursuant to the permit; or
(ii)
to ensure that any obligations imposed by the permit shall be
fulfilled and completed within the time specified in such
permit; and
Streets and Traffic Bylaw 1999, No. 1309
page 32
(b)
provide satisfactory plans and specifications of any work to be
undertaken on, over or under a highway and, when same are
approved by the Director of Infrastructure Services and the
necessary permit issued, the said work shall conform in every respect
to the approved plans and specifications and to the requirements of
the Town of Ladysmith Subdivision Control Bylaw, 1994, No. 1115,
(3)
Where a deposit has been made in accordance with this Section, upon
satisfactory compliance with the conditions of the permit within the
specified time, the deposit will be refunded to the permit holder, less, where
applicable, an inspection fee of $100.00, or the actual cost incurred by the
Municipality for administration and inspection in connection with the
permit, whichever is the greater;
(4)
Where any completed work on, over or under a highway is to be taken over
by the Municipality, the permit holder shall maintain such work for a period
of one year from the date of completion of the work, as certified by the
Director of Infrastructure Services. A new permit and applicable security
deposit will be required for the maintenance period.
(5)
Where any alterations or adjustments to completed works on, over or under
a highway are required due to reconstruction of a highway during the one
year maintenance period, the permit holder shall pay the cost of such
alterations and adjustments.
(6)
The permit holder shall indemnify, protect and save harmless the
Municipality from and against all damages, claims and demands of every
kind arising out of or in any way connected with the work or other things for
which a permit has been issued.
(7)
The permit holder shall obtain and maintain in force during the term of the
permit, liability insurance in the amount of not less than two million dollars,
which policy of insurance shall name the Municipality as an additional
insured, shall contain a cross-liability clause and shall provide that the policy
shall not be cancelled or materially altered until the Municipality has
received thirty (30) days notice in writing.
(8)
In the event that the permit holder fails to repair any damage and/or fulfill
such obligations as are set out in a permit within the specified time, the
Municipality may draw upon the deposit, repair the damage or fulfill the
obligations at the cost of the permit holder and deduct the costs of doing so
from the deposit. If there are not sufficient funds on deposit to cover the
costs, the Municipality may recover any shortfall from the permit holder.
Streets and Traffic Bylaw 1999, No. 1309
page 33
TRUCK ROUTES
46.
(1)
No person shall drive, operate, stop, or park any Heavy Truck on any
residential area highway under the jurisdiction of the Municipality unless
such highway is designated as a Truck Route in Schedule "C."
(2)
No person shall drive, operate, stop or park a heavy truck on a highway
designated as "No Heavy Trucks" in Schedule "C".
(3)
Notwithstanding any other provisions of this bylaw to the contrary, the
council may by resolution, designate certain highways as "Truck Route" and
certain other highways as "No Heavy Trucks Route", and upon the passage
of each such resolution, the Director of Infrastructure Services shall,
pursuant thereto, post such designated route with the appropriate signs,
and the provisions of this Bylaw shall apply to the enforcing of each such
resolution.
(4)
The provisions of this Section shall not apply to
(a)
any gravel truck, fuel delivery tuck, moving van or delivery truck
while engaged in the pick-up or delivery of soil, fuel, furnishings,
fixtures, goods, wares or merchandise to premises fronting on a
highway not designated as a Truck Route, provided the route
followed is the shortest feasible route between a designated Truck
Route or provincial highway and the premises;
(b)
any heavy truck while engaged in the construction, upkeep, and
maintenance of such highway and any utility installed thereon, and
the provision of any essential service to the residents whose
property fronts thereon; provided, however, that any heavy truck
providing such essential service does so by following the most direct
route which requires the least travel on any "No Heavy Truck Route."
(c)
any school bus or other vehicle operated for the purpose of providing
public transportation within the Municipality; or
(d)
any fire fighting apparatus;
(e)
travelling to and from the owner / operator's property as specifically
identified in Section 47(1).
Streets and Traffic Bylaw 1999, No. 1309
page 34
HEAVY COMMERCIAL VEHICLE PARKING
47.
(1)
No person shall park any heavy truck on any highway within a residential
area in the Municipality, except for the express purpose of parking by the
owner / operator between trips, of the motive power unit (tractor), and
provided that the parking shall be restricted to the owner / operator's
property or the highway immediately adjacent to their property.
(2)
No person shall park:
(a)
a trailer, licenced as a commercial trailer; or
(b)
a trailer, licenced as other than a commercial trailer;
without the motive power unit attached on any highway within the
Municipality.
Streets and Traffic Bylaw 1999, No. 1309
page 35
(3)
No person shall stop, stand or park any vehicle, commercial vehicle or
combination of vehicles, having a total length exceeding 6m (19.69 ft.): in
any lane.
(4)
No person shall park any motor vehicle having a licensed gross vehicle
weight exceeding 5,000 kg on any highway within a residential area.
(5)
No person shall park any motor vehicle having a licensed gross vehicle
weight exceeding 5,000 kg on any highway between the hours of 7:00 p.m.
in the afternoon and 7:00 a.m. in the forenoon of the following day.
(6)
No person shall park, store, or stand any vehicle, motor vehicle, commercial
transport vehicle, or trailer that is loaded with, or contains dangerous goods,
as per the Transport of Dangerous Goods Act, on any highway at any time.
(7)
The restrictions of this Section shall apply to every day of every year;
HEAVY TRUCKS AT NIGHT
48.
(1)
Except as hereinafter specifically provided, no person shall drive or operate
any Heavy Truck on a highway in a residential area between the hours of
7:00 p.m. and 7:00 a.m. of the following day, except to travel to and from the
owner / operator's property, as specifically identified in Section 47(1).
(2)
This Section shall not apply to:
(a)
those classes of vehicles set out in Subsection 87(3); or
(b)
a Heavy Truck owned or operated by a lawful non-conforming
business, while the same is travelling to or from the site of such
lawful non-conforming business but is not engaged in the transport
of materials or any other things to or from the site.
ORDER OF DIRECTOR OF INFRASTRUCTURE SERVICES
49.
Where the Director of Infrastructure Services has ordered closure of, or restricted
the load carried on a highway, portion of highway or series of connected highways
and placed signs to that effect, no person shall drive or operate a vehicle contrary
to that order or contrary to the signs.
Streets and Traffic Bylaw 1999, No. 1309
page 36
OVERWEIGHT VEHICLES
50.
(1)
Unless permitted under the COMMERCIAL TRANSPORT ACT, R.S.B.C.
1996, c. 58., no person shall operate on a highway a commercial vehicle if
(a)
the gross vehicle weight of the commercial vehicle exceeds its
licenced gross vehicle weight;
(b)
the weight of an axle, group of axles or axle unit exceeds the weight
permitted by the regulations;
(c)
the dimensions of the commercial vehicle do not conform to the
regulations;
(i)
with load included; and
(ii)
without load; or
(d)
the distances between the axles, group of axles or axle units do not
conform to the regulations.
(2)
A person who contravenes a provision of this Section commits an offence,
and is liable, on summary conviction
(a)
for a contravention under subsection (1)(c) or (d), to a fine of not
more than $2,000.00;
(b)
for a contravention under subsection (1)(a) or (b), to a fine of not less
than the amount prescribed by the regulations but not exceeding
$2,000.00 and, in addition, to a penalty of not less than the amount
prescribed by the regulations but not exceeding $12.00 for every
100 kg of overload; and
(c)
every contravention of this section constitutes a separate and
distinct offence.
(3)
For the purpose of this section, regulations mean a regulation under the
COMMERCIAL TRANSPORT ACT, R.S.B.C. 1996, c. 58
Streets and Traffic Bylaw 1999, No. 1309
page 37
EXTRAORDINARY TRAFFIC
50.1 (1) In this part: "Extraordinary Traffic" includes any carriage of goods or persons
over a highway, at either one or more times, that taken in conjunction with the
nature or existing condition of the highway 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 highway, or in the speed at which the vehicles are
driven or operated, as, in the opinion of the Director of Infrastructure Services,
substantially to alter or increase the burden imposed on the highway through its
proper use by ordinary traffic, and to cause, or potentially cause damage and
expense in respect of the highway beyond what is reasonable or ordinary.
(2)
Where in the opinion of the Director of Infrastructure Services, any highway is
liable to damage through extraordinary traffic thereon, the Director of
Infrastructure Services may regulate, limit or prohibit the use of the highway by
any person operating or in charge of the extraordinary traffic, or owning the
goods carried thereby or the vehicles used therein.
(3)
Any person to whom this Section might otherwise apply may, with the approval
of the Director of Infrastructure Services, enter into an agreement for the
payment to the Municipality of compensation in respect of the damage or
expense which may, in the opinion of the Director of Infrastructure Services, be
caused by the extraordinary traffic and there upon that person shall not in
respect of the traffic be subject to any prohibition or penalty prescribed in this
Section.
Bylaw 1794
Streets and Traffic Bylaw 1999, No. 1309
page 38
PART VIII
ALL TERRAIN VEHICLE REGULATIONS
REGULATIONS
51.
This section shall not apply to equipment or the operators of same being used by
the Municipality's Fire Department as part of any duties associated therewith.
52.
No person shall operate an all terrain vehicle on a highway unless it is licenced,
insured and equipped in all respects as a motor vehicle pursuant to the MOTOR
VEHICLE ACT, R.S.B.C. 1996, c. 318 and the MOTOR VEHICLE ACT
REGULATIONS, B.C. Reg. 26/58.
53.
No person shall drive or operate a snowmobile on a highway unless he/she is the
holder of a permit, authorized by the Chief of Police, authorizing the operation and
subject to the limitation and conditions set out therein.
54.
No person shall drive or operate an all terrain vehicle between one half (1/2) hour
after sunset to one half (1/2) hour before sunrise unless the vehicle is equipped
pursuant to Sections 4.02, 4.07 and 4.09 of the MOTOR VEHICLE ACT
REGULATIONS, B.C. Reg. 26/58.
OPERATION OF ALL TERRAIN VEHICLE
55.
No person shall operate an all terrain vehicle
(1)
in a careless, reckless or negligent manner so as to endanger or cause injury
or damage to a person or property of another;
(2)
in a tree nursery or planting, in a manner that may damage or destroy
growing stock;
(3)
on a sidewalk;
(4)
on the tracks or right-of-way of an operating railroad;
(5)
on private property without the consent of the owner, lessee or occupant of
it; or
(6)
in such a manner as to drive, harass, chase, run over, injure or kill wildlife or
a domestic animal; or
(7)
in an environmentally sensitive area.
Streets and Traffic Bylaw 1999, No. 1309
page 39
MOTORCYCLE HELMETS
56.
A person who operates or rides as a passenger on an all terrain vehicle without
properly wearing a motor cycle helmet commits an offence.
Streets and Traffic Bylaw 1999, No. 1309
page 40
PART IX
VEHICLE EQUIPMENT REGULATIONS
57.
A person shall not drive or operate a motor vehicle or trailer on a highway unless it
is equipped in all respects in compliance with the MOTOR VEHICLE ACT, R.S.B.C.,
1996, Chapter 318 and the MOTOR VEHICLE ACT REGULATIONS.
Streets and Traffic Bylaw 1999, No. 1309
page 41
PART X
SIDEWALK PATIOS
SIDEWALK PATIO PERMITS
58.
(1)
The Director of Development Services may issue a sidewalk patio permit in
the form prescribed in Schedule "G" to an applicant provided the applicant
completes the application form set out in Schedule "E" pays a fee of $25.00
and the applicant complies with the regulations and conditions set forth in
Schedule "F."
(2)
No person shall use or permit the use of any portion of sidewalk or parking
space adjacent to premises owned or occupied by them for any purposes
unless a valid sidewalk patio permit has been issued by the Director of
Development Services authorizing such use and the patio is located within
the designated patio area shown on the map in Schedule "H" of this bylaw.
(3)
The Director of Development Services may terminate a sidewalk patio
permit immediately if the person breaches any term or condition of the
permit or with 90 days written notice for any reason.
(4)
The Director of Development Services or any of the Municipality's
employees or contractors may enter the sidewalk patio permit area at any
time without notice or the payment of compensation to deal with any
emergency situations which requires the use of the permit area as part of
the emergency.
RETAIL DISPLAYS
59.
(1)
The Director of Development Services may issue a retail display permit in
the form prescribed in Schedule "I" to an applicant provided the applicant
completes the application form set out in Schedule "J" and pays a fee of
$25.00 and the applicant complies with the regulations and conditions set
forth in Schedule "K."
(2)
No person shall use or permit the use of any portion of sidewalk adjacent to
premises owned or occupied by them for any purposes unless a valid retail
permit display has been issued by the Director of Development Services
authorizing such use.
Bylaw 2041
Bylaw 2041
Bylaw 2042
Streets and Traffic Bylaw 1999, No. 1309
page 42
(3)
The Director of Development Services may terminate a retail permit
immediately if the person breaches any term or condition of the permit or
with 90 days written notice for any reason.
Streets and Traffic Bylaw 1999, No. 1309
page 43
(4)
The Director of Development Services or any of the Municipality's
employees or contractors may enter the retail display area at any time
without notice or the payment of compensation to deal with any emergency
situations which requires the use of the permit area as part of the
emergency.
EXEMPTIONS
60.
Notwithstanding subsections 58(2) and 59(2) a business may install a sidewalk patio
or retail display, provided that the sidewalk patio or retail display:
(a)
abuts the front of the business;
(b)
unless permission from an adjacent business or property owners has
been given, is located directly in front of the business for which it
serves;
(c)
extends no farther than 1.5 meters from the front property line of
the business;
(d)
is situated on a sidewalk with a slope not exceeding 2% in any
direction;
(e)
does not cover or alter the existing grade or surfacing of the
sidewalk; and
(f)
allows for a minimum of 1.5 meters of unobstructed, clearly delineated
sidewalk area for pedestrian travel.
Bylaw 2041
Streets and Traffic Bylaw 1999, No. 1309
page 44
PART XI
BOULEVARD AND SIDEWALKS
SNOW REMOVAL FROM SIDEWALKS
61.
Every owner or occupier of residential premises shall remove all snow and ice from
any sidewalk bordering such residential premises BY not later than 10:00 a.m.
following the snowfall, on every day.
62.
Every owner or occupier of commercial premises shall remove all snow and ice
from any sidewalk bordering such commercial premises BY not later than 10:00
o'clock a.m. following the snowfall, on every day.
SIGNAGE ON THE SIDEWALK
63.
No person shall place a sign for advertising on a sidewalk or a highway, unless
permitted under the Ladysmith Sign and Canopy Bylaw, 1995, No. 1176, and
amendments thereto.
BOULEVARD
64.
No person shall damage the boulevards, trees, shrubs, plants, bushes and hedges
that are adjacent to a highway.
65.
No person shall damage any fence that is adjacent to a highway.
66.
No person shall damage any lighting standards that are adjacent to a highway.
67.
No person shall park a recreational vehicle, boat or trailer on a boulevard for a period
longer than 72 hours.
68.
No person shall place, store, stand, park any unlicensed vehicle, heavy truck,
article, material or item on the boulevard.
69.
Every owner or occupier of residential premises shall maintain the boulevard
bordering the residential premises in a clean, fit and safe state.
Bylaw 1941
Streets and Traffic Bylaw 1999, No. 1309
page 45
PART XII
ENFORCEMENT
PENALTIES
70.
(1)
Any person who
(a)
contravenes;
(b)
suffers or permits any act or thing to be done in contravention of; or
(c)
neglects to do or refrains from doing anything required to be done
pursuant to; any provision of this Bylaw or any permit or order issued
pursuant hereto, commits an offence punishable on summary
conviction, and except where specifically provided in Schedule "A,"
shall be liable to a fine of not less than $100.00.
(2)
Where an offence is a continuing offence, each day that the offence is
continued shall constitute a separate and distinct offence.
(3)
If a person on whom a bylaw offence notice has been served does not
dispute the allegation or the amount of the time contained in the ticket or
otherwise fails to respond to a ticket under a provision of the OFFENCE
ACT, R.S.B.C. 1996, c. 338, an administrative fee of $35.00 shall be added to
the amount of the fine contained in the ticket.
(4)
A person who is entitled to the possession of a impounded vehicle or play
vehicle shall pay the fees prescribed in Schedule "B" for the return of the
impounded vehicle or play vehicle.
Streets and Traffic Bylaw 1999, No. 1309
page 46
PART XIII
REPEAL
71.
The Ladysmith Streets Traffic and Regulation Bylaw, No. 200, 1936 and its
amendments are hereby repealed.
READ A FIRST time the
5th day of October , 1998.
READ A SECOND time the
21st day of June, 1999
READ A THIRD time the
21st day of
June, 1999
ADOPTED on the
28th day of
June, 1999
____________________________________
Mayor (R. Hutchins)
____________________________________
Director of Development Services of Corporate
Services (P. Durban)
Schedule 'A' - Page 1 of 3
SCHEDULE "A"
FINE SCHEDULE
The indicated penalties for alleged offenses committed against this Bylaw are as
follows:
FINE
SECTION
DESCRIPTION
WITHIN
30 DAYS
AFTER 30
DAYS
10(2)
Drive contrary to traffic control device
$30.00
$50.00
10(3)
Interfere with traffic control device
$30.00
$50.00
10(4)
Remove notice from vehicle
$30.00
$50.00
11(1)
Disobey stop sign - stop line
$30.00
$50.00
11(2)
Disobey stop sign - crosswalk
$30.00
$50.00
11(3)
Disobey stop sign - no stop line/crosswalk
$30.00
$50.00
12
Stunting
$30.00
$50.00
13
Unnecessary Noise
$30.00
$50.00
14
Racing
$30.00
$50.00
15
Careless driving
$30.00
$50.00
16
Driving over newly painted lines
$30.00
$50.00
28(1)
Pedestrian impede traffic on highway
$20.00
$35.00
28(2)
Pedestrian impede traffic on sidewalk
$20.00
$35.00
28(3)
Busking/Panhandling
$20.00
$35.00
29(2)(a)
Cyclist on a sidewalk
$20.00
$35.00
29(2)(b)
Cyclist improperly using crosswalk
$20.00
$35.00
29(2)(c)
Cyclist on left side of roadway
$20.00
$35.00
29(2)(d)
Cyclists riding abreast
$20.00
$35.00
29(2)(e)
Cyclist riding without using hands
$20.00
$35.00
29(2)(f)
Cyclist not astride seat
$20.00
$35.00
29(2)(g)
Cyclist with too many persons
$20.00
$35.00
29(2)(h)
Cyclist on highway where prohibited
$20.00
$35.00
29(2)(i)
Cyclist without safety helmet
$20.00
$35.00
29(3)
Child without safety helmet
$20.00
$35.00
29(4)
Cyclist off available bike path
$20.00
$35.00
29(5)
Cyclist attached to vehicle
$20.00
$35.00
29(6)
Cyclist - undue care on highway
$20.00
$35.00
29(7)
Cyclist without lights
$20.00
$35.00
29(8)
Play vehicle on roadway
$20.00
$35.00
29(9)
Skateboarding in downtown core
$55.00
$100.00
30(1)
Parked on wrong side of roadway
$20.00
$35.00
30(2)(a)
Left vehicle unsecured
$20.00
$35.00
30(2)(b)
Improper wheel position
$20.00
$35.00
30(3)
Parked obstructing free passage of traffic
$20.00
$35.00
30(4)
Improper angle parking
$20.00
$35.00
30(5)
No valid plates
$20.00
$35.00
31(1)
Parked on sidewalk
$20.00
$35.00
Bylaws 1619, 1636 &
1748, 1941
Schedule 'A' - Page 2 of 3
FINE
SECTION
DESCRIPTION
WITHIN
30 DAYS
AFTER 30
DAYS
31(2)
Parked blocking driveway
$20.00
$35.00
31(3)
Parked in intersection
$20.00
$35.00
31(4)
Parked at fire hydrant
$20.00
$35.00
31(5)
Parked on a crosswalk
$20.00
$35.00
31(6)
Park within 15 metres of a crosswalk
$20.00
$35.00
31(7)
Park within 6 metres of a traffic control device
$20.00
$35.00
31(8)
Park within 15 metres of a railway track
$20.00
$35.00
31(9)(a)
Parked advertising for sale
$20.00
$35.00
31(9)(b)
Parked for repair or wrecking
$20.00
$35.00
31(9)(c)
Parked displaying signs
$20.00
$35.00
31(9)(d)
Parked selling goods
$20.00
$35.00
31(10)
Parked obstructing traffic at construction
$20.00
$35.00
31(11)
Double parked
$20.00
$35.00
31(12)
Parked on a bridge or in a tunnel
$20.00
$35.00
31(13)
Parked contrary to traffic control device
$20.00
$35.00
31(14)
Parked block view of traffic control device
$20.00
$35.00
31(15)
Excessive vehicle length - angle parking
$20.00
$35.00
31(16)
Parked at bus stop
$20.00
$35.00
31(17)
Park within 9 metres of an intersection
$20.00
$35.00
32
Parked beyond time limit
$20.00
$35.00
33(1)
Parked too long in loading zone
$20.00
$35.00
33(2)
Parked too long in passenger zone
$20.00
$35.00
34
Parked in disabled zone without permit
$20.00
$35.00
36(3)
Disobey direction of a peace officer
$50.00
$75.00
37
Littering
$50.00
$75.00
38(1)
Abandon container or vehicle
$75.00
$100.00
39(1)
Driver fail to correctly state name
$75.00
$100.00
39(2)
Pedestrian fail to correctly state name
$75.00
$100.00
40(1)
Container without warning protection
$75.00
$100.00
40(2)
Place material on roadway
$75.00
$100.00
40(3)
Fail to remove material from roadway
$75.00
$100.00
40(4)
Interfere with warning protection
$75.00
$100.00
40(5)
Use
vehicle,
trailer,
camper
or
boat
for
accommodation
$30.00
$50.00
40(6)
Interfere in parade or funeral procession
$30.00
$50.00
40(7)
Drive over fire hose
$200.00
$250.00
41
Fail to remove accident debris
$30.00
$50.00
42(1)
Unauthorized signs on highway
$30.00
$50.00
43(3)
Fail to comply with Regulations
- No oversize permit
$75.00
$100.00
- Contrary to oversize permit
$75.00
$100.00
Schedule 'A' - Page 3 of 3
FINE
SECTION
DESCRIPTION
WITHIN
30 DAYS
AFTER 30
DAYS
- Wheels and tires
$75.00
$100.00
- Weighing of vehicles
$75.00
$100.00
- No overload permit
$75.00
$100.00
- Contrary to overload permit
$75.00
$100.00
- Fail to secure load as required
$75.00
$100.00
- Misuse of overload or oversize permit
$75.00
$100.00
- No axles permit
$75.00
$100.00
- Contrary to axles permit
$75.00
$100.00
- Overweight on towing dolly
$75.00
$100.00
- No pilot car as required
$75.00
$100.00
- No flags or lamps as required
$75.00
$100.00
45
-
Fail to obtain highway use permit
$75.00
$100.00
46(1)
Heavy Truck off truck route
$100.00
$150.00
46(2)
Heavy Truck on no Heavy Truck route
$100.00
$150.00
47(1)
Heavy Truck parked in residential district
$75.00
$100.00
47(2)(a)
Commercial trailer parked with
no motive power unit attached
$75.00
$100.00
47(2)(b)
Non-commercial trailer parked
with no motive power unit attached
$20.00
$35.00
47(3)
Excessive vehicle length in a lane
$20.00
$35.00
47(4)
Vehicle over 5,000 kg after hours
$35.00
$50.00
47(5)
Commercial truck after hours on the highway
$75.00
$100.00
47(6)
Dangerous goods on highway
$75.00
$100.00
48(1)
Heavy Truck operating after hours
$100.00
$150.00
49
Drive
contrary
to
order
of
Director
of
Infrastructure Services
$75.00
$100.00
50(1)(a)
Exceed licensed gross vehicle weight
**
50(1)(b)
Exceed axle weight permitted
**
50(1)(c)(i) Exceed load dimensions
**
50(1)(c)(ii) Exceed vehicle dimensions
**
50(1)(d)
Non-conforming distance between axles
**
52
ATV not insured or equipped as required
$30.00
$50.00
53
Snowmobile on highway without permit
$30.00
$50.00
54
No lights on ATV when required
$30.00
$50.00
55(1)
Careless operation of ATV
$30.00
$50.00
55(2)
Operate ATV in planting area
$30.00
$50.00
55(3)
Operate ATV on sidewalk
$30.00
$50.00
55(4)
Operate ATV on railroad right-of-way
$30.00
$50.00
55(5)
ATV on private property without permission
$30.00
$50.00
55(6)
Operate ATV harassing wildlife
$30.00
$50.00
55(7)
Operate ATV in environmentally sensitive area
$75.00
$100.00
Schedule 'A' - Page 4 of 3
56
Operate ATV without helmet
$30.00
$50.00
67
RV over 6.5 m. parked on boulevard beyond time
limit
$30.00
$50.00
NOTE: ** Refer to Section 51(2) for penalties
Schedule 'B' - Page 1 of 1
SCHEDULE "B"
IMPOUND FEE SCHEDULE
1. Fee for removal to an impound lot of a vehicle having a licensed gross vehicle
weight:
i) not exceeding 5,000 kg is
$77.46
ii) exceeding 5,000 kg
but not exceeding 6,300 kg is
$81.80
iii) exceeding 6,300 kg
but not exceeding 9,072 kg is
$129.67
iv) exceeding 9,072 kg is
$172.47
2.
Fee for storage of an impounded vehicle shall be calculated at a rate of
$15.87 for each calendar day or any part thereof, including the first day of
impoundment.
3.
Fee for storage of unauthorized signs shall be calculated at a rate of $10.00
for each calendar day or any part thereof.
4.
Fee for detention and removal of a play vehicle is $40.00.
5.
Fee for impoundment of a play vehicle shall be calculated at a rate of $2.00
for each calendar day or any part thereof, including the first day of
impoundment.
Schedule 'C' - Page 1 of 2
SCHEDULE "C"
DESIGNATED TRUCK ROUTE AND "NO HEAVY TRUCK" ROUTE
1.
Designated "Truck Route"
(1) Esplanade, Grouhel Road, Christie Road, Christie Road Extension, Fourth
Avenue, 300 Block of Belaire, Dogwood Drive, Davis Road, Bayview Avenue,
First Avenue as shown on Map "A" attached to this schedule.
2.
Designated "No Heavy Trucks" Routes
(1)
Symonds Street, westbound between the access to Lot A, Block 31,
Oyster District Plan S1274 and 4th Avenue and 2nd Avenue as shown
by the area outlined and cross hatched on the map "A" attached to this
schedule.
Schedule 'C' - Page 2 of 2
MAP A
Schedule 'D' - Page 1 of 3
SCHEDULE "D"
HIGHWAY USE PERMIT
Public Works Department
Municipal Hall
Ladysmith, B.C.
Permit No.
File No.
Name of Applicant
Address of Applicant
Pursuant to the provisions of Ladysmith Streets and Traffic Bylaw, permission is
hereby granted to the above named applicant to:
insofar as such work or other matter relate to the use of municipal highways or any
part thereof.
This permit shall be valid and subsisting from the ______ day of _____________, 19___,
and shall expire on the ________ day of ____________________, 19___.
AND at all times during the currency thereof, shall be subject to cancellation
without prior notice if the holder thereof shall neglect, fail or refuse to observe and
to comply with all the requirements of "Town of Ladysmith Streets and Traffic
Bylaw, 1998, No. 1309" and this Permit, which is issued subject to the following
conditions:
Schedule 'D' - Page 2 of 3
1. All necessary plans and specifications of any works to be installed on, over or
under highway shall have been deposited with the Director of Infrastructure
Services and have been approved by him.
2. This permit shall be valid only for the specific works or other uses of a municipal
highway stated herein. Any alterations and additions shall be covered by a
separate permit.
3. The construction and maintenance of any works on, over or under a highway
shall be carried out and completed to the satisfaction of the Director of
Infrastructure Services.
4. Any person appointed by the Director of Infrastructure Services for that
purpose shall have free access at all times to all parts of any works installed
pursuant hereto for the purpose of inspecting same.
5. This permit shall be in force only during such time as any works installed
pursuant hereto are used and maintained by the applicant to the entire
satisfaction of the Director of Infrastructure Services.
6. The Municipality shall not be responsible for grade changes to property
accesses caused by the reconstruction of any municipal highway.
7. While reasonable care will be taken on the part of the Municipality to avoid
damage to any private works while carrying out the construction or
maintenance of any public work in any highway, the Municipality accepts no
responsibility of any kind for such damage if the same should result from such
public work.
8. Before opening up any highway or interfering with any public work, notice in
writing of intention to do so shall be given to the Director of Infrastructure
Services, not less than seven (7) clear days before work is commenced.
9. The applicant shall hold and save harmless the Municipality from and against all
claims, damages and costs of every kind arising out of or in any way connected
with any works installed pursuant hereto and all other things authorized by this
permit.
Schedule 'D' - Page 3 of 3
I, the Applicant of this Permit, agree to all terms and conditions herein before
expressed, and am bound thereby and by all provisions of "Town of Ladysmith
Streets and Traffic, Bylaw, 1998, No. 1309" as the same pertains to this Permit,
and
deposit
herewith
the
required
security,
being
________________________________________($ ) Dollars in cash, (or irrevocable
Letter of Credit), to guarantee the fulfillment by me of the terms and conditions set
out herein within the time specified in this Permit.
__________________________________
(Signature of Applicant)
Permit No. ____________________________ issued by the Director of Infrastructure
Services this ______ day of ________________________________, _____.
_________________________________
Director of Infrastructure Services
Application Fee ($25.00) paid. Receipt No. _______________________
Security Deposit by way of cash
(or Letter of Credit)
Receipt No. _______________________
Schedule 'E' - Page 1 of 1
SCHEDULE "E"
APPLICATION FOR SIDEWALK PATIO PERMIT
I,
of
(address)
(phone number)
hereby apply for a sidewalk patio permit adjacent to:
Business Premises Address:
Legal Description ("the lands"):
The lands are/are not located in a Development Permit Area named:
The registered owner of the said lands (if not the applicant)
is:
of:
(address)
(phone number)
My interest in the lands is (lease/rent):
My Business Licence Number:
My Liquor Licence Number:
I herewith pay my Sidewalk Permit Application $25.00 non-refundable portion:
(check if received)
I hereby declare that the above information is correct and that I am aware of and
will abide by the terms and conditions of a sidewalk patio permit issued under
"Town of Ladysmith Streets and Traffic Bylaw, 1998, No.1309." I have included a
copy of my current business licence and three (3) sets of plans prepared in
accordance with the Sidewalk Patio Design Requirements and Details of Plans for
sidewalk patio location. I also understand that upon approval, I will submit a
payment of $5.00 per m² for the approved patio area (Schedule "___") and provide
proof of $2 million third party liability insurance with The Town of Ladysmith as an
insured party, such insurance is to remain valid throughout the period of the
permit. (March 1st to October 31st).
Date:
Signature of Applicant:
Bylaw 2041
Bylaw 2041
Bylaw 2054
Schedule 'F' - Page 1 of 3
SCHEDULE "F"
SIDEWALK PATIO PERMIT REGULATIONS
"Sidewalk Patio" refers to an outside eating and drinking area located on an
adjacent sidewalk or parking space and used in conjunction with an adjoining
eating and/or drinking business premise lawfully licenced for that purpose.
I.
General Regulations
1.
A valid highway use permit for a sidewalk patio (hereinafter called a
"sidewalk patio permit"), must be obtained from the Town of Ladysmith
Development Services Department prior to establishing an outside seating
arrangement on a sidewalk (part of the "highway").
2.
Unless expressly authorized in a sidewalk patio permit, a sidewalk patio
must be removed between the months of October 31st and March 1st. A
sidewalk patio permit may only be issued for an eight month season
recurring annually, commencing March 1st through and including October
31st. in any calendar year.
3.
More than one sidewalk patio permit may be permitted adjacent to a
development provided each sidewalk patio area is being operated from an
adjacent business premise. The boundaries of a sidewalk patio area should
not extend in width beyond the adjacent business premises to which it is a
part.
4.
An Applicant for a sidewalk patio permit must:
a)
have a valid business licence for the adjacent business premise;
b)
have a valid liquor licence, if appropriate;
c)
provide proof of a valid $2 million dollar third party public liability
insurance policy with the Town of Ladysmith named as an insured
party, such insurance is to be valid throughout the term of the permit
and be non-cancellable without the Town of Ladysmith's consent; and
d)
provide three sets of sidewalk patio plans which meet the following
Sidewalk Patio Design Requirements and Details of Plans for Sidewalk
Patio Location.
5.
The Director of Development Services may terminate a sidewalk patio
permit immediately if the permittee breaches any term or condition of the
permit or with 90 days written notice for any reason.
Bylaw 2042
Bylaw 2042
Bylaw 2054
Schedule 'F' - Page 2 of 3
6.
The Director of Development Services or any of the Municipality's
employees or contractors may enter the sidewalk patio permit area at any
time without notice or the payment of compensation to deal with any
emergency situations which requires the use of the permit area as part of the
emergency.
Schedule 'F' - Page 3 of 3
SCHEDULE "F"
SIDEWALK PATIO PERMIT REGULATIONS
II.
Sidewalk Patio Design Requirements:
The patio layout and design will be evaluated according to the following
requirements:
A.
Encourage a Pedestrian Environment in Commercial Areas:
1.
All patio areas are encouraged to incorporate seasonal plantings to beautify
the streetscape.
2.
Patio operators must maintain any decorative planting associated with the
patio.
3.
A patio area containing other than tables and chairs flush to the face of a
building must be defined with a perimeter enclosure which physically
"defines" the patio area and associated activities and discourages
encroachment of patrons and furniture into adjacent pedestrian circulation
areas or other patio areas.
4.
"Open," transparent or planter box type enclosures are encouraged. Solid
patio enclosures higher than 0.9 metres are not permitted.
5.
A solid planter perimeter may be used provided it has a dimension no less
than 25 centimetres in thickness; it may be finished in a variety of materials
including wood, tile, stone, brick or wrought iron and must be removable.
6.
The design of patio and perimeter enclosures should fulfill the intent of any
relevant Development Permit guidelines in the Municipality's Official
Community Plan for the area in which the patio will be located.
7.
The permanent fixture of any material or canopy support to the sidewalk is
not permitted.
8.
Any overhead awnings and canopies attached to adjacent buildings must
have a minimum of 3 metres of clearance from the sidewalk, measured
vertically, and may not be supported from the sidewalk or patio.
9.
Appropriate disabled persons' access must be provided to all, or a portion, of
the patio.
10.
At least one pedestrian access to any outdoor seating arrangement which is
enclosed must be provide from the adjacent sidewalk.
11.
Patio seating shall not exceed the number of existing seats authorized within
the parent business premises.
Schedule 'F' - Page 4 of 3
SCHEDULE "F"
SIDEWALK PATIO PERMIT REGULATIONS
B.
Protect Public Safety:
12.
Any proposed sidewalk patio location must be at the front, side or rear of the
business with which it is associated.
13.
A proposed patio area must not block or materially hinder access to
emergency fire connections or access to adjacent buildings.
14.
A minimum sidewalk width of 1.5 metres must be maintained.
15.
A minimum 1.2 metres clearance must be maintained between a proposed
patio (including enclosure) and any obstruction (e.g. power pole, sign pole,
hydrant) to accommodate wheelchairs and pedestrians.
16.
Any proposed corner locations will be reviewed for potential obstruction of
sight lines of a driver operating a vehicle on an adjacent or nearby street or
lane, which will not be permitted. In addition, a minimum of 2 metres of
sidewalk width clear for unobstructed pedestrian circulation must be
provided.
17.
Any outside seating arrangement must be of a construction style which
allows for immediate removal, if so required.
18.
Any patio furniture and enclosure must be kept in a clean and safe condition.
C.
Details of Plans for Sidewalk Patio Location
The sidewalk patio plans which accompany this application must:
1.
Show in scale of not less than 1:75 (metric) the proposed size of the patio.
2.
Show its location in respect of adjacent business access, windows, existing or
proposed canopy or awning, curb line and intersection.
3.
Show any pole, stop sign, hydrant, bench, garbage container, tree, boulevard
or other obstruction within 5 metres from the perimeter of the patio.
4.
Include a Site Plan in plan (top) view including the area adjacent to the curb
and extended 5 metres to either side of the adjacent premises.
5.
Include a Front Elevation drawing that must indicate the slope(s), if any, of
the adjacent sidewalk.
6.
Include a Side Elevation (end view) drawing showing the profile of the
proposed patio with associated furniture against the face or side of the
building.
Schedule 'G' - Page 1 of 1
SCHEDULE "G"
SIDEWALK PATIO PERMIT NO. ________
DURATION OF PERMIT: MARCH 1 TO OCTOBER 31
Pursuant to "Town of Ladysmith Streets and Traffic Bylaw, 1998, No. 1309"
permission is hereby granted to:
Name:
(address)
(phone number)
for a sidewalk patio permit adjacent to:
Business Premise Address:
Legal Description:
in accordance with the attached Schedule "F" and the following additional terms
and conditions:
1. The permit area approved by this permit is shown on the attached approved
plans.
The Town of Ladysmith received the required fee in the amount of $___________
for the approved permit area.
2. Construction details and furniture layout on the attached, approved plans must
be completed and used, respectively.
3. No area other than the permit area may be used as a sidewalk patio.
4. Unless condition 11 expressly authorizes the permit area to be used for a
sidewalk patio after November 1st, the permit area may only be used for a
sidewalk patio between March 1st and October 31st of each year.
The permit area may only be used for a sidewalk patio between March 1st and
October 31st of each year, including of this calendar year.
5. This permit automatically ceases if the permittee has his/her associated
business licence or liquor licence suspended or revoked.
6. Unless condition 11 expressly authorizes the permit area to be used for a
sidewalk patio after November 1st, the permittee will remove all sidewalk
encumbrances by the 1st of November
The permittee will remove all sidewalk encumbrances by the 1st of November.
7. The permittee will keep the permit area and associated improvements in a
clean, tidy and safe condition during the term of the permit.
8. The permittee will keep the required third party liability insurance valid during
the term of this permit.
Insurance Company: _________________________ Policy No. _______________
Bylaw 2041
Bylaw 2042
Bylaw 2054
Bylaw 2054
Bylaw 2054
Schedule 'G' - Page 2 of 1
9. This permit may be altered or revoked by the Director of Development
Services, if for public safety reasons the Director of Development Services
deems it necessary to alter or revoke it.
10. The Director of Development Services or any of the Municipality's employees
or contractors may enter the permit area at any time without notice or the
payment of compensation to deal with any emergency situations which requires
the use of the permit area as part of the emergency.
11. The permit area may also be used for a sidewalk patio between
and
of each year, including this calendar year, subject to any additional
conditions of winter use required by the Director of Development Services.
_______________________________________
(Director of Development Services)
Bylaw 2054
Schedule 'I' - Page 1 of 1
SCHEDULE "H"
DESIGNATED PATIO AREA
Schedule 'I' - Page 1 of 1
SCHEDULE "I"
RETAIL DISPLAY PERMIT NO. ________
Pursuant to the "Town of Ladysmith Streets and Traffic Bylaw, 1998, No. 1309"
permission is hereby granted to:
Name:
(address)
(phone number)
for a retail display permit adjacent to:
Business Premise Address:
Legal Description:
in accordance with the attached Schedule "K" and the following additional terms
and conditions:
1. The permit area approved by this permit is shown on the attached approved
plans.
2. No area other than the permit area may be used as a retail display.
3. The permit area may only be used for retail sales.
4. The permittee will keep the permit area and associated improvements in a
clean, tidy and safe condition during the term of the permit.
5. The permittee will keep the required third party liability insurance valid during
the term of this permit.
Insurance Company: _________________________ Policy No. _______________
6. This permit may be altered or revoked by the Director of Development
Services, if for public safety reasons the Director of Development Services
deems it necessary to alter or revoke it.
7. The Director of Development Services or any of the Municipality's employees
or contractors may enter the permit area at any time without notice or the
payment of compensation to deal with any emergency situations which requires
the use of the permit area as part of the emergency.
_______________________________________
(Director of Development Services)
Schedule 'J' - Page 1 of 1
SCHEDULE "J"
APPLICATION FOR RETAIL DISPLAY PERMIT
I,
of
(address)
(phone number)
hereby apply for a retail display permit adjacent to:
Business Premises Address:
Legal Description ("the lands"):
The lands are/are not located in a Development Permit Area named:
The registered owner of the said lands (if not the applicant)
is:
of:
(address)
(phone number)
My interest in the lands is (lease/rent):
My Business Licence Number:
I herewith pay my Retail Display Application $25.00 non-refundable portion:
(check if received)
I hereby declare that the above information is correct and that I am aware of and
will abide by the terms and conditions of a retail display permit issued under "Town
of Ladysmith Streets and Traffic Bylaw, 1998, No.1309." I have included a copy of
my current business licence and one (1) set of plans prepared in accordance with
the Retail Display Requirements and Details. I will also provide proof of $2 million
third party liability insurance with the Town of Ladysmith as an insured party, such
insurance is to remain valid throughout the period of the permit.
Date:
Signature of Applicant:
Bylaw 2041
Schedule 'K' - Page 1 of 1
SCHEDULE "K"
RETAIL DISPLAY PERMIT REGULATIONS
"Retail Display" refers to an outside display area located on an adjacent sidewalk
and used in conjunction with an adjoining business premise lawfully licenced for
that purpose.
1. A retail display permit is only valid for one year.
2. An applicant for a retail display permit must:
a) have a valid business licence for the adjacent business premise;
b) provide proof of a valid $2 million dollar third party public liability insurance
policy with the Town of Ladysmith named as an insured party, such
insurance is to be valid throughout the term of the permit and be non-
cancellable without the Town of Ladysmith's consent; and
c) provide one set of plans which shows the location of the display area.
3. Any proposed retail display location must be at the front, side or rear of the
business with which it is associated.
4. A proposed retail display area must not block or materially hinder access to
emergency fire connections or access to adjacent buildings.
5. A minimum sidewalk width of 1.5 metres must be maintained.
6. A minimum 1.2 metres clearance must be maintained between the proposed
retail display area (including enclosure) and any obstruction (e.g. power pole,
sign pole, hydrant) to accommodate wheelchairs and pedestrians.
7. Any proposed corner locations will be reviewed for potential obstruction of
sight lines of a driver operating a vehicle on an adjacent or nearby street or lane,
which will not be permitted. In addition, a minimum of 2 metres of sidewalk
width clear for unobstructed pedestrian circulation must be provided.
8. Any structure must be of a construction style which allows for immediate
removal, if so required.
9. Any structure used must be kept in a clean and safe condition.
10. The location and placement of the retail display must be approved by the
Director of Development Services.