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DISTRICT OF LAKE COUNTRY
BYLAW 1189, 2022
CONSOLIDATED VERSION
(Includes amendment as of January 14, 2025)
This is a consolidated copy to be used for convenience only. Users are asked to refer to the Highways Bylaw as amended
from time to time to verify accuracy and completeness.
Amending Bylaw
Summary of Amendments
Adoption
1256
Delete and replace definitions of
"Driveway" and "Driveway Access".
January 14, 2025
Delete and replace subsection 9.4
Delete and replace subsection 9.5
Delete subsection 9.13 in its entirety
Delete subsection 9.14 (b) in its entirety
Delete subsection 9.15 (b) in its entirety
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DISTRICT OF LAKE COUNTRY
BYLAW 1189
A BYLAW TO REGULATE HIGHWAYS WITHIN THE DISTRICT OF LAKE COUNTRY
The Council of the District of Lake Country, in open meeting assembled, enacts as follows:
1.
APPLICATION OF BYLAW
1.1
Except as otherwise indicated, this Bylaw applies to all lands within the area incorporated as the District of Lake
Country.
2.
INTERPRETATION
2.1
Any enactment referred to herein is a reference to an enactment of British Columbia or Canada, as the case may
be, and regulations thereto, as amended, revised, consolidated or replaced from time to time, and any bylaw
referred to herein is a reference to an enactment of the District of Lake Country, as amended, revised,
consolidated or replaced from time to time.
2.2
Unless otherwise defined in this Bylaw, a word or expression in this Bylaw has the meaning assigned to it in the
Local Government Act, Interpretation Act, Community Charter, Transportation Act or Motor Vehicle Act or any
of successor legislation.
3.
SEVERANCE
3.1
If a section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by the
decision of a Court of competent jurisdiction, it shall be severed and such decision shall not affect the validity of
the remaining portions of this bylaw.
4.
DEFINITIONS
4.1
In this bylaw:
Angle Parking means the Parking of a vehicle other than parallel to a curb or the lateral lines of the Roadway.
Boulevard means that portion of a Highway between the curb lines or the lateral lines of a Roadway and the
adjoining property or Roadway, and includes curbs, sidewalks and ditches.
Bylaw Enforcement Officer means the person(s) appointed to the position of Bylaw Enforcement Officer for the
District of Lake Country.
Chattel means a moveable item of personal property except for, but not limited to; wet or soiled
clothing/bedding, plastics, metals, perishable food, footwear, cardboard/paper, wooden items, glass, personal
hygiene items.
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Commercial Vehicle means a vehicle used for the collection or delivery of merchandise, commodity, persons or
freight in the ordinary course of business or undertaking, licensed for a GVW of 5,500 kg or greater and includes
a semi-truck or combination of semi-truck and trailer but does not include an emergency vehicle, a vehicle
owned or operated by the Municipality or the School District while engaged in its lawful duties, or a public
passenger vehicle while on a scheduled route.
Council means the municipal Council of the District.
Cycle means a device having any number of wheels that can be propelled by human power and on which a
person may ride and includes a Motor Assisted Cycle but does not include a skateboard, roller skates or in-line
roller skates.
District means the municipality of the District of Lake Country.
Director means a person appointed to the position of Director for the District of Lake Country or their designate.
District Engineer means the person appointed to the position of a Director responsible for the function of
engineering for the District and that person's designate.
Deleted and replaced by Bylaw 1256, 2025
Driveway means that portion of land located on private property which has been improved to provide vehicular
access to or from a property, starting from a property line onto the private property, and continuing to a
building for which a permit has been issued in accordance with District bylaws.
Deleted and replaced by Bylaw 1256, 2025
Driveway Access means that portion of land which has been improved to provide vehicular access to or from a
property, from a Highway between the curb or lateral lines of the Roadway to the adjoining property line.
Encroachment means a building, structure, physical object, moveable item of personal property, including
without limitation, natural materials such as plants, soil and rocks occupying a part of the surface or subsurface
of a Highway or public place.
Extraordinary Traffic means the carriage of goods or persons over a Highway at one or more times, in a Vehicles
or by other means, that, in conjunction with the nature or existing Highway condition in the opinion of the
District Engineer or Public Works Manager, substantially alters or increases the burden imposed on the
Highway to cause damage and expense in respect of the Highway beyond what is reasonable or ordinary.
Fence means a structure used as an enclosure or for screening purposes.
Frontage means the length of a lot, parcel or property line which immediately adjoins a Highway
Highway includes every:
(a) Roadway, multi-use path, street, Pathway, trail, Lane, bridge, road, thoroughfare, public way, trestle,
tunnel, ferry landing, ferry approach;
(b) Highway within the meaning of the Transportation Act or any public way, land or improvement that
becomes or has become a Highway within the meaning of the Transportation Act;
(c) passageway to which the public has access or is invited for the purpose of the Parking;
(d) Right of Way designed or intended for or used by the general public for the passage of vehicles;
(e) Right of Way or passageway owned or operated by the District designed or intended for the purpose of
Parking, Pedestrian traffic or Cycle traffic.
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Intersection means the area contained within the extension or connection of the lateral curb lines, or if none,
then the lateral boundary lines of the two Highways that join one another at, or approximately at right angles,
or the area within which vehicles traveling on different Highways joining at any other angle may come in
conflict.
Lane means a Highway not exceeding 8m in width.
Gross Vehicle Weight (GVW) means the gross vehicle weight for which a Commercial Vehicle is licensed under
the Motor Vehicle Act.
Median means the portion of a Highway constructed or painted to separate traffic traveling in one direction
from traffic traveling in the opposite direction and may include a physical barrier or a raised or depressed paved
or unpaved separation area that is not intended to allow crossing vehicular movement.
Motor Assisted Cycle, commonly referred to as e-bike or e-machine, means a device:
(a) to which pedals or hand cranks are attached that will allow for the Cycle to be propelled by human power;
(b) on which a person may ride; and
(c) to which is attached a motor of prescribed type that has an output not exceeding the prescribed output.
Motor Vehicle means a vehicle designed to be self-propelled but does not include mobile equipment, a Motor
Assisted Cycle or a regulated motorized personal mobility device such as a motorized wheelchair or other device
designed and used to transport a person with impaired mobility.
Overload means the larger of the following:
(a) the number of kilograms resulting by subtracting from the GVW of a Commercial Vehicle from the licensed
GVW;
(b) the number of kilograms resulting by subtracting from the weight on any one axle or combination of axles of
a Commercial Vehicle from the weight authorized by regulation to be carried on the axle or combination of
axles.
Oversize means the amount resulting by subtracting from the outside width, height or overall length of a
Commercial Vehicle with its load, if any, from the permissible outside width, height or overall length prescribed
under this Act.
Owner includes Occupier and means:
(a)
in respect of property, the registered Owner of an estate in fee simple, including the tenant for life under
a registered life estate, the registered holder of the last registered agreement for sale or the holder or
Occupier of property; and
(b)
in respect to a vehicle means a person who holds the legal title to the vehicle, a person who is a
conditional purchaser and is entitled to be in possession of the vehicle, or the person in whose name the
vehicle is registered and includes a person in possession of a Motor Vehicle under a contract by which he
or she may become its Owner on full compliance with the contract.
Park includes Parking, and means the standing of a vehicle, whether occupied or not, except when standing
temporarily for the purpose of and while actually engaged in loading or unloading.
Pathway means a portion of the Highway improved for sole use of Pedestrians or any other improved area set
aside for Pedestrian use.
Pedestrian means a person on foot and includes a person in a wheelchair or other device designed and used to
transport a person with impaired mobility, or a child in a carriage.
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Permit means written or electronic approval granted by the District authorizing activities in accordance with this
Bylaw including the terms, conditions, plans and specifications set out in such Permit.
Recreational Vehicle includes a vehicle or combination of vehicles, motor home, or truck and camper
constructed or equipped for the principal purpose of habitation during travel or recreation.
Right of Way means land or any interest in land acquired for the purpose of:
(a)
public right of passage with or without vehicles;
(b)
erecting and maintaining any pole-line;
(c)
laying, placing, and maintaining drains, ditches, pipes, transmission lines, or wires for the conveyance,
transmission, or transportation of water, electric power, communications, forest products, oil, or gas, or
both oil and gas, or solids;
(d)
the disposal of sanitary sewage, storm water or drainage;
(e)
the operation and maintenance of the undertaking,
and shall include a Statutory Right of Way as defined in the Land Title Act
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 the Roadways collectively.
Rubbish means waste or rejected matter including but not limited to litter, garbage, refuse from places of
human habitation, leaves, dirt, soil and debris from pruning or processing plant material.
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 any other improved area set aside for Pedestrian use.
Sparc BC Parking Permit means a Parking Permit for persons with disabilities issued in accordance with the
Motor Vehicle Act Regulations and the Regulations of the Social Planning and Research Council of British
Columbia (SPARC BC).
Stand includes Standing, and means the halting of a vehicle, whether occupied or not and whether the engine is
running or not.
Structure means a construction of any kind whether fixed to or supported by or sunk into land or water.
Traffic includes Pedestrians, ridden or herded animals, Vehicles, Cycles and other conveyances, either singly or
together, while using a Highway for purposes of Standing or travel.
Traffic Control Device means a sign, signal, line, marking, yellow, blue or red curb, space, barrier, or any other
device that delineates, alters, regulates, controls, restricts or directs Traffic, or prohibits the stopping, Parking,
leaving or Standing of any Motor Vehicle, either attended or unattended, except where necessary to avoid
conflict with other Traffic or in compliance with the direction of a the District Engineer, Fire Chief, Public Works
Manager, Police, Bylaw Enforcement Officer or other authorized persons acting under the direction of the
District Engineer.
Traffic Control Signal means a Traffic Control Device, whether manually, electrically, or mechanically operated
by which Traffic is directed to stop and to proceed.
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Trailer means a Vehicle that is at any time drawn on a Highway by a Motor Vehicle, except
(a)
an implement of husbandry,
(b)
a side car attached to a motorcycle, and
(c)
a disabled Motor Vehicle that is towed by a tow car.
Traffic Control Person or TCP means any person who directs Traffic and meets the qualifications and
requirements set out by WorkSafeBC.
Truck Route means a route designated for truck Traffic during specific hours and days of the week.
Vehicle means a device in, upon, or by which a person or thing is or may be transported or drawn upon a
Highway, except a device designed to be moved by human power or used exclusively upon stationary rails or
tracks.
5.
AUTHORITY AND DELEGATION
5.1
The District Engineer is delegated the authority to administer this Bylaw and execute and amend all forms
related to this Bylaw.
5.2
Delegation within this Bylaw includes the successor, lawful deputy, and any person designated to act in their
place.
5.3
The District Engineer is authorized to:
issue Permits and make orders to give effect to the provisions of this Bylaw and rescind, revoke, amend
or vary any Permit or order issued in accordance with this bylaw so long as such Permits or orders are
not contrary or inconsistent with the Motor Vehicle Act or other relevant legislation;
order the permanent or temporary placement, replacement or alteration of Traffic Control Devices for
the regulation, prohibition or control of Traffic or Parking;
order the alteration or removal of an unauthorized Traffic Control Device, advertisement, or guide-post
that has been erected or maintained on or over any Highway;
temporarily close a Highway, or restrict or divert Traffic as considered necessary for safety or other
situations deemed necessary;
make orders for the designation and specification of accessible persons Parking zones;
impose conditions deemed necessary for the safety of persons or property, including but not limited to:
(i)
requiring qualified Traffic Control Persons or Traffic Control Devices be in place;
(ii)
requiring a pilot Vehicle escort;
(iii)
requiring the Vehicle operator provide satisfactory confirmation of the Vehicle's roadworthiness;
by public notice or Traffic Control Device, prohibit Vehicles not equipped with chains, winter tires,
sanding devices or any combination thereof as determined adequate by the District Engineer in view of
road conditions, from being driven or operated on a Highway.
5.4
The Fire Chief is authorized to:
direct and regulate Traffic in any manner deemed necessary during an emergency and in doing so, may
disregard any Traffic Control Device;
place temporary Traffic Control Devices deemed necessary in the interest of public safety or in an
emergency;
impound any Vehicle that interferes with this Bylaw or during an emergency procedure;
designate in any manner, a line, or lines near the location of a fire or other emergency, beyond which
the public shall not pass.
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6.
EXEMPTIONS
6.1
Unless otherwise indicated, this Bylaw does not apply:
to an Arterial Highway, unless approved by the minister responsible for the administration of
the Transportation Act;
to the operation of a mechanically propelled power chair or scooter by a person with disabilities if used
for the purposes for which it was designed;
where the District Engineer, Fire Chief, Police or other authorized persons determine the bylaw does not
apply in order to comply with the law, or to address health and safety;
persons operating a government or emergency Vehicle while engaged in their duties, or required for
emergency call out or Standby call out purposes;
persons conducting works on behalf of a public utility corporation for the purposes of an emergency.
7.
GENERAL REGULATIONS
7.1
Except where otherwise directed by the District Engineer, Fire Chief, Public Works Manager, Police, Bylaw
Enforcement Officer or other person authorized by the District, every person shall obey all directions,
regulations and prohibitions contained in or upon any Traffic Control Device erected or placed under the
provisions of this bylaw.
7.2
Notwithstanding the provisions of this Bylaw, the District Engineer, Fire Chief, Public Works Manager, Police,
Bylaw Enforcement Officer or other persons acting under the direction of the District Engineer, may direct
Traffic to ensure the orderly movement of Traffic, to prevent injury or damage to persons or property, or to
Permit proper action in an emergency, and no person shall disobey such directions.
7.3
Notwithstanding the provisions of the Bylaw, a Traffic Control Person must be used to direct Traffic in
conformance with all applicable District, WorkSafeBC and BC Ministry of Transportation and Infrastructure
policies and procedures.
8.
PERMITS GENERAL
8.1
A person shall not do any of the things in this bylaw where a Permit is required, without first obtaining an
approved Permit from the District.
8.2
A person shall, at all times, comply with the terms of Permits or orders issued in accordance with this bylaw.
Non-compliance of such terms may result in revocation or termination of such Permit.
8.3
Applications for a Permit in accordance with this Bylaw shall:
be submitted in the application form provided by the District;
be accompanied by Permit fees as set out in the District Fees Bylaw, or under any other bylaw of the
District, as amended from time to time.
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8.4
Permits and orders issued in accordance with this bylaw, including any amendments or notices:
shall be issued in written or electronic form;
may require the permit holder to obtain and provide proof of liability insurance;
will be dated and signed by the District Engineer or Public Works Manager;
may include any number of orders in accordance with this bylaw;
may require a security deposit up to a 125% of the total estimated cost of the work in form of a bank
draft, certificated cheque or an irrevocable letter of credit effective for the term of the Permit;
may require a Worksafe BC Clearance Letter;
may require a District of Lake Country business licence;
may require any other documents or professional reports at the discretion of the District Engineer or
Public Works Manager required in support a permit in accordance with the bylaw.
8.5
Permits issued in accordance with this Bylaw must be carried in the Vehicle when operating on a Highway
within the District or be available upon request by District staff.
9.
DRIVEWAY ACCESS
9.1
A person shall not construct or cause to be constructed any type of Driveway Access without first obtaining a
Driveway Access Permit in accordance with this Bylaw.
9.2
A person shall not construct a Driveway Access contrary to the requirements, specifications and design criteria
contained within this section.
9.3
Upon receipt of an application that complies with the requirements of this bylaw, the District Engineer may
issue a Driveway Access Permit.
Deleted and replaced by Bylaw 1256, 2025
9.4
An application for a Driveway Access Permit shall:
be submitted in conjunction with a Building Permit; and
be accompanied by a site plan showing:
(i)
building location;
(ii)
location of Driveway Access/grade;
(iii)
property lines;
(iv)
site lines;
(v)
drainage works;
(vi)
centerline and edge of pavement of adjacent Roadway;
(vii)
existing utilities;
(viii)
charges registered on title related to a Driveway Access such as easements and statutory rights
of way.
Deleted and replaced by Bylaw 1256, 2025
9.5
An application for a Driveway Access Permit in accordance with this bylaw may be required where:
modification or alteration to an existing Driveway Access will occur; or
there is a change in use on the property that will, in the opinion of the District Engineer, potentially
impact the safety, functional or operational aspects of any existing access to the Highway.
9.6
A Driveway Access Permit is not required where a person is entering a property to assess preliminary design or
determine building locations provided no excavation or construction of any works, access, Driveway or buildings
takes place.
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9.7
The District Engineer may issue a temporary Driveway Access Permit:
where the location of the building is not permanent; or
where subsequent construction identified and bonded for within a District servicing agreement will
result in a permanent Driveway Access in conformity with this bylaw; or
for a term not to exceed five (5) years as determined by the District Engineer.
9.8
Driveway Accesses shall:
be limited to one (1) for each single-family residential property except one (1) additional Driveway
Access may be permitted by the District Engineer where the property is fronting a local road and the
two Driveway Access locations are separated by at least eighteen (18) metres and meets all
requirements of Section 9.9;
be limited to one (1) for each non-single family residential property except one (1) additional may be
permitted by the District Engineer where the Driveway Access locations are separated by at least
eighteen (18) metres and meets all requirements of Section 9.9;
not exceed three (3) for agricultural properties that are four (4) hectares or more in size;
be constructed entirely within the Frontage of the property served by the Driveway Access.
9.9
The District Engineer may, at their discretion, determine the most appropriate location for a Driveway Access
along the Frontage of a property, taking into consideration the following:
protection of existing works, future works and utilities in or on the Highway;
location of signage, street lighting and other infrastructure works;
Traffic safety and good engineering practice, including sight distances;
policies in the Official Community Plan respecting major network roads and Development Permit Area
guidelines;
volumes and types of Traffic.
9.10
Where circumstances are considered extraordinary at the discretion of the District Engineer, and the provisions
of this Bylaw cannot be reasonably achieved, the District Engineer may issue a Driveway Access Permit contrary
to the provisions contained herein, specifying such conditions and orders that ensure the safety and functional
requirements of a Driveway Access are addressed. Additional conditions may include, but are not limited to,
special conditions or the registration of a restrictive covenant on title of the property.
9.11
The District Engineer may, at their discretion, issue a Driveway Access Permit that provides shared access to:
single family residential lots, where the lot existed prior to May 2, 1995 and it is not otherwise possible
to construct individual private Driveway Accesses;
all property zones other than single family residential, where in the opinion of the District Engineer,
there are safety, operational or functional factors that warrant a shared access.
9.12
Where an application for a Driveway Access Permit provides shared access to a property, the District Engineer
may require the Owner(s), at their sole expense, to register a restrictive covenant on the property title to
address any existing or future encumbrances resulting from the shared access.
9.13
Section 9.13 deleted by Bylaw 1256, 2025
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9.14
Each Driveway Access shall be constructed as follows:
to a grade not exceeding 5%, measured from the Highway to the property line;
Section 9.14 (b) deleted by Bylaw 1256, 2025
at an angle of not less than 70o degrees and not more than 110o degrees to the adjacent Highway;
where, using an open shoulder with a level or rising grade, include a swale over the ditch line to ensure
surface water enters the ditch and does not enter the Highway;
to a maximum width of:
(i)
6 m for residential use.
(ii)
9 m for non-single family residential lots.
with the following minimum clearances between the finished surface and:
(i)
overhead utility services shall be no less than:
A.
Electrical cables - 4.75 m
B.
Communication cables - 4.30 m
(ii)
underground utility services shall be no less than:
A.
Electrical cables or ducts - 900 mm
B.
Communication cables or ducts - 600 mm
(iii)
removal of all overhead obstructions such as branches or boughs to allow overhead clearance of
no less than 4.5 m;
(iv)
clearing of all vegetation such as trees or shrubs from both edges of the Driveway Access
parallel to the Highway for a minimum distance of 1.5 m from property line.
9.15
Where construction of a Driveway Access requires installation of a culvert at the direction of the District
Engineer, culverts shall:
be installed in accordance with drainage regulation;
Section 9.15 (b) deleted by Bylaw 1256, 2025
each culvert shall be adequate in design and condition to provide the required load-bearing capacity.
unless otherwise directed by the District Engineer.
10.
SIGHT LINES
10.1
Sight lines at all Intersections in the District shall be maintained in accordance with this section and Figure 10.1.
10.2
No Owner or Occupier of a corner lot at any Intersection shall Permit any Fence, retaining wall or vegetation to
be erected or grown where such Fence, retaining wall or vegetation:
is within the vertical area contained between 1.0 and 3.0 metres above the finished grade of the
abutting Highways; and
is within the triangular area (shown on Figure 10.1) defined by joining the Roadway point of
Intersection, the position of the stopped Vehicle, and the sight distance clearance point; or
the amount of intrusion of the triangular area (shown on Figure 10.1) on a property shall be limited to
no more than a distance of seven and a half (7.5) metres measured back along both the abutting and
intersecting Highways and along the property lines of the lot from the point of Intersection of the
Highways.
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Figure 10.1 - Sight Line Specifications
10.3
On properties used for normal farm practices as defined in the Farm Practices Protection (Right To Farm) Act:
Fences intended to contain or exclude animals, which do not block visibility from an intersecting
Highway at the determination of the District Engineer or Public Works Manager, may exceed the height
restrictions provided for in this section;
trees grown for agricultural crop purposes, which do not block visibility from an intersecting Highway at
the determination of the District Engineer or Public Works Manager, may exceed the height restrictions
provided for in this section.
11.
ENCROACHMENTS
11.1
A person shall not excavate, construct, place, repair, maintain or remove any Encroachment on a Highway
without first obtaining a Permit from the District in accordance with this Bylaw.
11.2
Where an unauthorized Encroachment is identified the District Engineer may direct a person to obtain a permit
or may provide notice in writing to remove the unauthorized Encroachment within a specified time.
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11.3
Upon receipt of an application that complies with the requirements of this bylaw, and where the Encroachment
is considered to be located on the surface of the land:
the District Engineer or Public Works Manager may issue a Permit for, or approve an application to
extend, an Encroachment for a term not exceeding five (5) years and will be considered "Short-term";
Council may issue a Permit for or approve an application to extend an Encroachment exceeding five (5)
years, which will be considered "Long-term"
11.4
Upon receipt of an application that complies with the requirements of this bylaw, and where the Encroachment
is considered to be subsurface or located below the surface of the land, the District Engineer or Public Works
Manager may issue a Permit for, or approve an application to extend, an Encroachment for a term determined
by the District Engineer or Public Works Manager and may be for more than five (5) years, which will be
considered "Long-term".
11.5
"Long-term" Encroachments may be registered on title through a restrictive covenant.
11.6
Encroachments, amendments, modifications, requirements to rectify deficiencies or direction to remove
Encroachments shall be at the sole expense of the Owner or applicant.
11.7
Where an existing Encroachment affects the District's ability to carry out work on a Highway or where the
safety of the public is, or is likely to be impacted, the District may require the person responsible for the
Encroachment to undertake modifications, as determined by the District Engineer.
11.8
In addition to the requirements set out in 8.3, applications for an Encroachment:
shall include a description of the location, extent, nature and purpose of the Encroachment;
shall include such other information as required by the District Engineer;
may be required to include a plan, sketch or drawing prepared by a Professional Engineer or licensed
BCLS showing the details of the Encroachment.
11.9
A person shall not allow an Encroachment to become or remain in disrepair.
11.10 Where an Owner or applicant of an Encroachment Permit fails or neglects to maintain an Encroachment in good
repair, the District Engineer may provide notice of deficiency in writing and require such deficiencies to be
rectified within a specified time, being no less than 15 days. Where an Owner or applicant fails to rectify such
deficiencies, the District Engineer may terminate an approved Permit and require the Encroachment to be
removed.
12.
REMOVAL OF SNOW AND RUBBISH
12.1
Owners or Occupiers of property shall immediately remove any snow, ice or Rubbish from the roof or other part
of any Structure situated adjacent to or abutting on any portion of a Highway if it constitutes a danger to
persons or Vehicles using the Highway.
12.2
An Owner or Occupier of property shall not place snow or ice from their property on any portion of a Highway
or Sidewalk.
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13.
SPEED LIMITS
13.1
A person shall not drive or operate a Motor Vehicle on a Highway in the District at a speed greater than
50 km/h except:
in a Lane, where speed limits shall not exceed 20 km/h;
where Traffic Control Devices indicate road repair, clearing, cleaning, speed limits shall not exceed 30
km/hr;
when approaching or passing a playground for children between dawn and dusk speed limits shall not
exceed 30 km/hr;
when approaching or passing a school building or school grounds between 7:30 a.m. and 5 p.m. on
school days speed limits shall not exceed 30 km/hr;
where designated rates of speed have been identified for a specified portion of a Highways as shown on
Schedule A, attached to and forming part of this bylaw;
13.2
Where alternate speed limits for the operation of Motor Vehicles in the District have been established by this
Bylaw, the District Engineer, Public Works Manager or a person authorized by the District Engineer may erect
Traffic Control Devices indicating the designated speed limit.
13.3
Notwithstanding section 13.2., the District is not required to erect signs designating the rate of speed at which a
Motor Vehicle may be driven or operated.
14.
GENERAL PROHIBITIONS
14.1
A person shall not:
remove any notice or ticket affixed or placed on a Vehicle by an authorized person unless that person is
the Owner or operator of such Vehicle;
distribute leaflets on a Highway by placing them on the windshield or any other part of a Motor Vehicle
parked on a Highway, on any Traffic control signal pole, Traffic cabinet or any other Traffic Control
Device;
leave any glass or other debris from a wrecked or damaged Vehicle on a Highway when the Vehicle is
removed from the scene of an accident;
Permit any materials or goods to fall and remain, from a Motor Vehicle;
14.2
Unless otherwise permitted by a Traffic Control Device, no personal shall drive a Motor Vehicle or ride or herd
any animals, or ride a Cycle, except for a wheelchair operated by a mobility impaired person, along any
Sidewalks, Pathways or Boulevards.
15.
HIGHWAY USES PROHIBITED WITHOUT PERMIT
15.1
Except as authorized by a Permit issued by the District Engineer or Public Works Manager, a person shall not:
operate tracked Vehicles on Sidewalks, Boulevards, Roadways or Lanes;
place or permit to be placed, any fuel, lumber, merchandise, Chattel or commodities of any nature on a
Highway;
drag or skid any object along or over a Highway in such a manner that the object damages the surface of
the Highway;
using any manner of tool, dig up, break up, remove, excavate, move or alter any land, located in, on or
under on any part of a Highway;
cause damage to cut down or remove:
(i)
any grass, shrubs, plants, bushes or hedges maintained by the District, on a Highway;
(ii)
any trees growing, planted, or maintained by the District, on a Highway;
(iii)
any Fences, signs or other things, erected or maintained by the District, on a Highway;
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place, permit to be placed, permit to cave in, fall or flow, accumulate, be tracked on or carried on by a
Vehicle, any soil, mud, rocks, stones, branches, garden clippings, snow or other thing, onto a Highway or
to remain thereon;
leave any excavation or other obstruction upon a Highway without sufficiently fencing, signing,
barricading and marking the same with warning lights;
place or permit to be placed, any Rubbish containers or other facilities related to garbage to be on any
portion of the Highway, except on the day of collection as permitted in the District bylaws or authorized
in writing by the District Engineer;
construct, maintain or alter a ditch, sewer, culvert or drain that stops the flow of water or where the
flow of water causes damage on, through or under any Highway;
mark, imprint or deface in any manner whatsoever a Highway or a Structure situated upon a Highway;
operate any Vehicle with any load unless the load is covered with a securely fastened tarpaulin or other
cover so as to prevent the load from becoming loose, detached or in any manner hazardous to other
users of the Highway.
16.
PARKING PROHIBITIONS
16.1
Except where otherwise permitted by a Traffic Control Device a person shall not stop, Stand or Park a Vehicle or
equipment:
in violation of this Bylaw;
contrary to any Traffic Control Device;
on a Sidewalk or on a Boulevard;
in front of or within 3 metres of a public or private Driveway Access;
in any Lane, except where the Vehicle is attended, is actively loading or unloading and is placed to leave
a minimum 3 metres of clear Roadway;
within 6 metres of the entrance or exit of a Lane;
within an Intersection or within 10 metres of an Intersection;
within 5 metres of a fire hydrant measured from a point on the curb or edge of the Roadway which is
closest to the fire hydrant;
on a crosswalk or within 6 metres of the approach of a crosswalk;
within 6 metres of the approach to a stop sign or Traffic Control Device located at the side of a
Roadway;
adjacent to a curb painted yellow or red;
more than 30 cm from the curb or the edge or the Roadway;
upon any Highway for the principal purpose of:
(i)
displaying a Vehicle for sale;
(ii)
advertising, servicing, painting or wrecking
(iii)
storing, storage or repairing, except where repairs are necessitated by an emergency;
(iv)
displaying signs;
(v)
selling any commodities;
alongside or opposite a street excavation or obstruction when such action obstructs Traffic;
on either side of a Vehicle stopped or parked parallel to the edge of the curb of a Roadway, commonly
referred to as "double Parking";
upon a bridge;
in any manner that obstructs the visibility of any Traffic Control Device;
in any manner that obstructs the free passage of Traffic on any Highway or Roadway;
contrary to the direction of Traffic flow on that side of the Highway;
on a two-way Roadway, other than with the right-hand wheels parallel to that side, except Motorcycles;
being a Commercial Vehicle, on any Highway in a residential area, between the hours of 7:00 p.m. and
6:00 a.m. of the following day;
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being a Recreational Vehicle, on any Highway for the purposes of living accommodations between 7:00
p.m. and 6:00 a.m. of the following day and moving the Recreational Vehicle from one location to
another location does not provide an exemption from this time restriction;
in Angle Parking where the length of the Vehicle or Trailer exceeds 6 metres;
on any Highway for a continuous period exceeding 24 hours;
other than in a designated Parking space where identified by lines painted on the surface of a Highway;
upon a portion of a Highway that has been improved for and is identified by a Traffic Control Devices for
the travel of Cycles or Pedestrians;
on any Highway in contravention of the permitted length of time for Parking as indicated by a Traffic
Control Device;
in a loading zone identified by a Traffic Control Device unless actively loading or unloading;
in a bus stop, or within 30 metres of the approach side or within 5 metres of the leaving side of a bus
stop;
in any District or District operated Parking lot for more than 24 consecutive hours;
in a zone reserved exclusively for taxis, as indicated by a Traffic Control Device;
on or adjacent to a portion of a Highway that has been improved as a Median;
on any Highway if the Vehicle is not displaying a valid licence plate or the Vehicle is not insured;
within 5 metres of a Canada Post mailbox for more than five (5) minutes;
where it interferes with emergency Vehicles or their operations;
where it interferes with the normal flow of Traffic on a Highway;
where it interferes with or restricts access to the construction, improvements, maintenance, snow
removal, alteration, extension, widening, marking, or repair of a Highway, watercourse or Right of Way;
being a Recreational Vehicle or Trailer that requires a Motor Vehicle for the purposes of transportation,
on a Highway without being attached (detached or unhitched) to a Motor Vehicle.
16.2
The District Engineer is authorized to issue temporary Parking Permits for Parking in areas prohibited by this
Bylaw or in excess of the length of time permitted by this Bylaw.
17.
ACCESSIBLE PARKING
17.1
A person shall not Park a Vehicle in a disabled zone unless the Vehicle displays a Permit issued in accordance
with the Motor Vehicle Act, by the Social Planning and Research Council of B.C. (SPARC), or by another
jurisdiction, in a prominent position visible through the front windshield.
18.
TRAFFIC CONTROL DEVICES
18.1
Subject to the provisions of this bylaw all Traffic Control Devices installed in the District shall be deemed to be
authorized Traffic Control Devices under this bylaw.
18.2
The District Engineer and Public Works Manager are authorized to order the placing or erection of Traffic
Control Devices where and when deemed necessary or appropriate for regulation of provisions within this
Bylaw and the Motor Vehicle Act.
18.3
The District Engineer, Fire Chief, Public Works Manager, Police, Bylaw Enforcement Officer or other authorized
persons acting under the direction of the District Engineer may order the alteration, repair, tearing down,
removal or impoundment of any sign, advertisement, or guide-post erected or maintained on or over any
Highway for which a valid Permit has not been issued and no compensation shall be paid to any person for loss
or damage resulting from such action.
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18.4
Where for any reason, any Highway or any portion thereof is unsafe or unsuitable for Traffic, or it is deemed
advisable that Traffic should be temporarily restricted thereon or diverted from, the District Engineer, Public
Works Manager, Fire Chief or Police, may close or cause to be closed, or restrict loads on, or divert Traffic from,
such Highway or portion thereof and may erect or place Traffic Control Devices upon such Highway.
18.5
Where a Highway or portion thereof is temporarily closed in accordance with this bylaw, no unauthorized
person shall enter upon, or travel upon the Highway or portion thereof in contravention of the applicable Traffic
Control Device.
18.6
The District Engineer, Fire Chief, Public Works Manager, Police, Bylaw Enforcement Officer or other authorized
persons acting under the direction of the District Engineer, may place or cause to be placed temporary "No
Parking" signs or other "no Parking" Traffic Control Devices on a Highway or may require Traffic be temporarily
restricted or prohibited on a Highway.
along the route of any parade;
in the vicinity of a large gathering or during special circumstances;
to facilitate the fighting of fires;
to facilitate the clearing of snow, cleaning, repairing, excavating, decorating or other work upon a
Highway being carried out by the District or under its authority; and,
in the interest of public safety.
19.
COMMERCIAL VEHICLE REGULATIONS
19.1
A person shall not operate, Park, stop or Stand a Commercial Vehicle on any Highway within the District,
except:
as required to deliver merchandise, commodities, persons or freight in the ordinary course of business
between the hours of 6:00 a.m. and 7:00 p.m.;
notwithstanding section 19.1 (a), where such Vehicle is transporting agricultural produce as a function of
an agricultural business within the District;
where a delivery is permissible in accordance with this bylaw, it is done using the most direct or
appropriate route to or from the point of collection or delivery and the Highway as identified by the
District Engineer or Public Works Manager;
where such Vehicle is being use for the process of actively loading or unloading;
where a Vehicle is a transit bus or school bus engaged in the pick-up or drop-off of passengers;
for District Vehicles, or Vehicles operating at the direction of the District for the purposes of road
maintenance, snow removal, construction or work upon a Highway.
19.2
Unless authorized through a Permit issued by the District Engineer or Public Works Manager, a person shall not
operate a Commercial Vehicle on any Highway within the District:
that is an Overload or Oversize Commercial Vehicle except as authorized by a Permit issued by the
District Engineer and in compliance with the terms, conditions, restrictions and requirements of the
Permit;
exceeding the limits prescribed in the Commercial Transport Act, except as authorized by a Permit issued
by the District Engineer and in compliance with the terms, conditions, restrictions and requirements of
the Permit;
contrary to posted GVW restrictions, height restrictions or any other posted size restrictions.
19.3
Where in the opinion of the District Engineer or Public Works Manager, any Highway is liable to damage
through Extraordinary Traffic, they 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.
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19.4
Where a Commercial Vehicle is equipped with engine brakes a person shall not use such brakes unless an
emergency exists, or it is otherwise necessary for safety in the circumstances.
20.
PEDESTRIAN REGULATIONS
20.1
A Pedestrian shall not:
obstruct a Pathway by squatting, kneeling, sitting, or lying down on it between the hours of 8:00 a.m.
and 9:00 p.m. daily except for:
(i)
a medical emergency;
(ii)
a person using a mobility device;
(iii)
sitting on a seat while waiting for a bus;
(iv)
sitting on a chair, bench or seat supplied by a public agency or at a business permitted to occupy
a portion of Sidewalk
(v)
a parade, rally, demonstration, performance, or gathering
Stand or loiter in such a manner as to obstruct or impede or interfere with Traffic on a Roadway;
be in possession of open liquor on a Highway, Sidewalk, Pathway or Boulevard;
cross a Roadway in contravention of a Traffic Control Device;
walk on a Roadway where a Pathway is reasonably passable and available;
walk on a Roadway other than on the extreme left side or on the shoulder, facing Traffic approaching
from the opposite direction.
21.
CYCLE, ROLLER SKATES, SKATEBOARDS, SLEIGHS, SKIS, INLINE SKATES
21.1
A person operating a Cycle on a Highway has the same rights and duties as a driver of a Vehicle.
21.2
A person shall not:
operate a Cycle without properly wearing a safety helmet;
being the parent or guardian of a person under the age of 16 years, permit such person to operate a
Cycle without properly wearing a bicycle safety helmet;
ride abreast of another person on a Highway;
being under the age of 16 years, or the parent or guardian of such, operate, or knowingly permit such
person to operate, a Motor Assisted Cycle on a Highway;
operate a Cycle contrary to a Traffic Control Device;
operate a Cycle after sunset and before sunrise unless such Cycle is equipped with visible lights on the
front and rear, or the person is wearing reflective clothing visible from the front and rear.
21.3
A person operating a Cycle, roller skates, sleighs, skates, skis or other similar means of conveyance, shall:
ride as near as practical to the right side of a Highway or within a designated Cycle Lane if available;
ensure they ride safely and are visible at all times to other Highway users.
22.
COMPLIANCE AND STOP WORK ORDER
22.1
Where any of the things otherwise prohibited under this bylaw are done without a Permit, if there is any unsafe
condition or if any Owner or other person is found to be in contravention of this bylaw, a Director, the District
Engineer, or staff delegated by the District Engineer may require a person to:
comply with this Bylaw and bring works into compliance within a time limit specified in writing;
remedy a situation, including the preservation or restoration of property, installation, repair, change or
maintenance of an Encroachment or works;
direct the immediate suspension of all or a portion of work or construction by attaching a notice signed
by the District Engineer on the premises (Stop Work Order); and
enter any property to affix or post a Stop Work Order.
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22.2
The Owner or application is responsible for all costs associated with the direction to comply or any other
requirement under this Bylaw.
22.3
If the required actions or repairs, or any part thereof, are not completed in accordance with the provisions of
this Bylaw, the District may draw funds from the security, if one has been provided and may complete the works
at the expense of the Owner. If no security is applicable the Owner or applicant shall pay such expenses to the
District immediately upon receipt of an invoice. Any amounts remaining unpaid after the 31st day of December
in any given year may be deemed property taxes in arrears for a parcel and recoverable as property taxes in
accordance with the Community Charter.
22.4
Where a Stop Work Order issued in accordance with this Bylaw is posted on a property or delivered to a person
responsible for the works, a person must not continue any work other than remedial actions set out in writing
by the District and shall not recommence works until the District has advised that the Stop Work Order has been
rescinded.
22.5
Notwithstanding the preceding, the District may immediately remove any item on public property deemed to be
a safety hazard with associated costs being the sole responsibility of the Owner or applicant and recovered in
accordance with this Bylaw.
23.
REMOVAL AND DETENTION
23.1
Any Vehicle, fixture, Chattel, Encroachment, obstruction, earth, mud, rocks, stones, soil, branches, clippings or
other thing unlawfully occupying any portion of a Highway may be moved, removed, seized, towed, detained or
impounded by the District Engineer, Fire Chief, Public Works Manager, Police, Bylaw Enforcement Officer, or
other authorized persons acting under the direction of the District Engineer, at the Owner's sole expense where
the Vehicle or other thing:
has not been brought into compliance pursuant to an order issued in accordance with this bylaw;
has been issued three (3) or more Bylaw Offence Notice or Municipal Information Tickets;
is Standing or Parked in a position that causes it to interfere with or impeded the use of a Cycle Lane by
cyclists, a Sidewalk by Pedestrians, a trail, or other part of a Highway by Vehicles;
is Standing or Parked in contravention of a Traffic Control Device, Traffic signal, Permit or order issued
pursuant to this bylaw;
constitutes a hazard or danger to public safety, persons using the Highway or is preventing normal flow
of Traffic;
has an apparent value as determined by the Public Works Manager of less than $500;
interferes with construction, improvement, maintenance, snow removal, alteration, extension,
widening, marking or repair of a Highway;
appears to have been abandoned for more than 72 hours; or
has not been rectified or moved within 24 hours of notification from the District to remove such items.
23.2
Where, in this Bylaw any matter or thing is required to be done by any person in default, such matter or thing
may be done by the District, it's agents, contractors or authorized persons, and the actual costs of such actions
taken by the District may be charged to the person in default, with interest.
23.3
In the exercise of the authority under this section, no compensation shall be paid to the Owner or any person
for loss or damage resulting from the removal, detention or impoundment and the Owner shall be liable for all
expenses incurred for the removal and storage of such Vehicle, fixture, Chattel or obstruction.
23.4
If a Vehicle is removed, detained or impounded, the District shall send written notice to the registered Owner as
soon as possible, at the address shown on the records of the Motor Vehicle Branch advising of the seizure or
impoundment and where it can be claimed.
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24.
DISPOSAL OF UNCLAIMED PROPERTY
24.1
If the Vehicle is not claimed by its Owner within thirty (30) days of its impounding, the District may provide for
the recovery of the fees by sale, public auction or other means of disposal as deemed necessary in accordance
with the Community Charter and the Motor Vehicle Act, after reasonable efforts have been made to contact the
Owner.
24.2
If Chattel is not claimed by its Owner within fourteen (14) days of its impounding, the District may provide for
the recovery of the fees by sale, public auction or other means of disposal as deemed necessary in accordance
with the Community Charter and the Motor Vehicle Act, after reasonable efforts have been made to contact the
Owner.
24.3
The proceeds of such sale shall be applied firstly to the cost of the sale, secondly to the fees, costs and expenses
of the District or its contractors for impoundment and detention and thirdly the balance, if any, shall be held by
the Municipality for one (1) year from the date of sale for the Owner. If unclaimed at the end of the year such
sum shall be paid into the General Revenue of the District.
25.
PENALTIES AND ENFORCEMENT
25.1
Any Person who violates any provision of this bylaw or who suffers or Permits any act or thing to be done in
contravention or in violation of any of the provisions of this bylaw or who neglects to do or refrains from doing
anything required to be done by any of the provisions of this bylaw, commits an offence and is liable on
summary conviction to a penalty not exceeding $50,000.00 plus the cost of prosecution.
25.2
Each day the violation continues to exist shall constitute a separate offence.
25.3
Any person, Owner or Occupier who violates any provision of this bylaw and thereby causes damage to a
Highway or any District owned property shall be liable for costs incurred in making repairs or taking remedial
action and must pay to the District, within 30 days of receiving an invoice from the District, the cost and
expenses to repair any damage to a Highway.
26.
RIGHT OF ENTRY
26.1
The District Engineer, Fire Chief, Public Works Manager, Police, Bylaw Enforcement Officer or other authorized
persons acting under the direction of the District Engineer may enter, at all reasonable times, upon any property
subject to the regulations of this bylaw in order to determine whether such regulations or directions are being
complied with.
27.
DEFAULT
27.1
Where in this bylaw any matter or thing is required to be done by any person, and that matter or thing is not
done, such matter or thing may be done by the District at the expense of the person in default, and the expense
may be recovered together with costs and interest in the same manner as property taxes.
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28.
REPEALS
28.1
The following bylaws, and all amendments thereto, are hereby repealed in their entirety:
(a)
District of Lake Country Highways and Traffic Bylaw 98-186, and all amendments thereto are hereby
repealed.
(b)
Encroachment Bylaw 624, 2007 and all amendments thereto are hereby repealed.
(c)
Highway Access and Driveway Regulation Bylaw 628, 2007
(d)
School Zone Speed Limit (GESS) Bylaw 745, 2010
29.
CITATION
29.1
This Bylaw may be cited for all purposes as "Highways Bylaw 1189 2022".
READ A FIRST TIME this 20th day of September, 2022.
READ A SECOND TIME this 20th day of September, 2022.
READ A THIRD TIME this 20th day of September, 2022.
ADOPTED this 4th day of October, 2022.
Original signed by James Baker
Original signed by Reyna Seabrook
Mayor
Corporate Officer
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Schedule A to Highways Bylaw 1189, 2022
SPEED ZONES
CATEGORY
ZONE
DESCRIPTION
SPEED LIMIT
School Zone
Davidson Road
Elementary Zone
Along the frontage of Davidson Road Elementary
school, spanning approximately from 2139 Davidson
Road to the intersection of Davidson and Cemetery
Road.
30 Km/h from 7:30 am
to 5:00 pm on school
days
School Zone
Peter Greer
Elementary Zone
Along Sherman Drive spanning the frontage of Peter
Greer Elementary School approximately from 10436
Sherman Drive to the intersection of Sherman Drive
and Copper Hill Road.
30 Km/h from 7:30 am
to 5:00 pm on school
days
School Zone
Oyama
Traditional
Elementary Zone
Along Oyama and Greenhow Road spanning the
frontage of Oyama Traditional Elementary School.
approximately from 15488 Oyama Road to the
Intersection Greenhow and Young Road
30 Km/h from 7:30 am
to 5:00 pm on school
days
Playground
Zone
Shoreline Park
Zone
Along Lake Hill Drive and Shoreline Way spanning
the frontage of Shoreline Park approximately from
13118 Lake Hill Drive to the Intersection of
Shoreline Drive and Shoreline Way.
30 Km/h from dawn to
dusk
Playground
Zone
Apex Park Zone
Spanning the frontage of Apex Park along Apex
Drive and Apex Crescent.
30 Km/h from dawn to
dusk
Playground
Zone
Northview Place
Zone
Along Northview Place spanning the frontage of
Northview Park.
30 Km/h from dawn to
dusk
Playground
Zone
Okanagan Centre
Park Zone
Along Okanagan Centre W, Fifth St, and Maddock
Avenue spanning the frontage of Okanagan Centre
Park.
30 Km/h from dawn to
dusk
Playground
Zone
Coral Beach Park
Zone
Along Coral Beach and Terrace View Roads,
spanning the frontage of Coral Beach Park.
30 Km/h from dawn to
dusk
When Children
On Highway
Okanagan Centre
at Berry Road
Zone
At the intersection of Okanagan Centre Road East
and Berry Road.
30 Km/h when
children are on the
highway
Reduced Speed
Zone
Okanagan Centre
Road W Beach
Front Zone
Along the waterfront of Okanagan Centre Road
West approximately from 9775 Okanagan Centre
Road West to 11902 Okanagan Centre Road West.
30 km/h
Reduced Speed
Zone
Camp at Hare
Road Zone
Along Camp Road when traveling West Bound
approximately from the Intersection of Camp and
Hare Road to 908 Camp Road.
30 Km/h
Reduced Speed
Zone
Lakestone
Waterside Zone
Granite Road and Lakestone Drive.
30 Km/h
Reduced Speed
Zone
Lakestone Bench
Lands Zone
Benchland Drive, Benchland Court, Ledgestone
Road, Centrestone Drive and Centrestone Crescent.
30 Km/h
Reduced Speed
Zone
Lakestone
Highlands Zone
Beacon hill Drive, Beacon Hill Crescent, and Long
Road.
30 Km/h
Reduced Speed
Zone
Trask Road Zone
Along Trask Road approximately from the
intersection of Trask and Young Road to Kaloya Park.
30 Km/h
Reduced Speed
Zone
Oyama Isthmus
Beach Front Zone
The official beach frontage along Oyama Road
approximately from the intersection of Oyama Road
and Pelmewash Parkway to the Oyama Road Rail
trail Crossing.
30 Km/h
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Reduced Speed
Zone
Bottom Wood
Lake Road and
Main Street Zone
Along Bottom Wood Lake Road and Main Street
spanning the frontage of George Elliot Secondary
School, H.S Grenda Middle School, Swalwell Park
and the Winfield shopping centre approximately
from McCarthy Road to the Lodge Road Traffic Circle
including Konschuh Road and Taiji Court along with
a section of Main Street from the Berry Road traffic
circle approximately to Pollard Road and Main
Street including Grant Road.
30 Km/h
Reduced Speed
Zone
Beasley
Park/Woodsdale
Along Woodsdale Road spanning the frontage of
Beasley Park to the Woodsdale Rail trail crossing.
30 Km/h
Reduced Speed
Zone
Camp at
Okanagan Centre
Road W Zone
Along Camp Road when traveling West Bound
approximately from 908 Camp Road to the
intersection of Camp and Okanagan Centre Road
West.
20 Km/h