Lake Cowichan, British Columbia
· adopted 2003-05-27
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TOWN OF LAKE COWICHAN
BYLAW NO. 759-2003
A BYLAW TO REGULATE TRAFFIC WITHIN THE BOUNDARIES
OF THE TOWN OF LAKE COWICHAN
WHEREAS municipal powers to regulate pedestrians or vehicle traffic and traffic by other
conveyance are authorized by the Motor Vehicle Act;
AND WHEREAS the Council of the Town of Lake Cowichan deems it expedient and
advisable to regulate traffic within the municipality subject to the requirements of the
Highway Act, the Motor Carrier Act, and the Motor Vehicle Act.
NOW THEREFORE the Council of the Town of Lake Cowichan in open meeting
assembled, enacts as follows:
PART I - DEFINITIONS
In this bylaw, unless the context otherwise requires, the expressions and definitions
contained within the "Motor Vehicles Act", the "Motor Carrier Act", the "Highway Act", the
"Local Government Act", the "Interpretation Act" and the "Commercial Transport Act" and
regulations thereto shall be applicable and these additional interpretations shall prevail
throughout:
ACCESS means a driveway for and/or to property from highway;
ANGLE PARKING means the parking of a vehicle other than parallel to a curb;
BOOM CAR means any vehicle equipped with an extremely powerful stereo system that
is being played with the volume and bass levels turned up;
BOULEVARD means the area other than a sidewalk between the curb of a roadway or
the shoulder thereof and the property line;
BUS means a motor vehicle which is designed, constructed and used for the
transportation of more people than ten (10) passengers;
CHIEF OF POLICE means the Officer in charge of the detachment of the Royal Canadian
Mounted Police policing the Town;
COLLECTOR means the person appointed by Council to the position of collector as
defined in the Local Government Act;
COUNCIL means the Municipal Council of the Town;
CROSSWALK means any portion of the roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by signs or by lines or other markings on the surface;
or the portion of a highway at an intersection that is included within the connection of the
lateral line of the sidewalks on the opposite side of the highway, or within the extensions
of the lateral lines of the sidewalk on one side of the highway, measured from the curbs,
or in the absence of curbs, from the edges of the roadway;
CURB means the raised structural element which may be installed at the outside edge
of a highway or parking area, primarily for a gutter;
DISABLED PERSON means a person whose mobility is limited as a result of a permanent
or temporary disability that makes it impossible or difficult to walk;
DRIVER means a person who drives or is in actual physical control of a vehicle;
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DOUBLE PARKING means the standing of a vehicle in the travelled portion of the
highway, next to a parked vehicle in a parking space;
FIRE CHIEF means the person appointed as such by Council and any person delegated
to assist him in carrying out his/her duties under bylaw;
HANDICAPPED ZONE means that area of a highway or parking lot designated by a
traffic control marking for the exclusive use of a vehicle displaying an authorized
handicapped identification label;
HAZARDOUS MATERIALS means any explosives, flammable, toxic or other harmful or
hazardous materials, including dynamite, concentrated chemicals in either solid, liquid or
gaseous form, gases, gasoline and diesel fuel;
HIGHWAY includes all public streets, roads, right-of-ways, trails, lanes, bridges, ferry
landing and approaches and any right-of-way designed and intended for the passage of
vehicles;
LANE means any public thoroughfare abutting the rear or side property lines of parcels
of land and intended primarily to give access to the rear yards or side yards of the parcels
of land so abutting;
OPERATOR means any person who drives, propels or is in physical control of a vehicle,
and shall be deemed to include the person in whose name the vehicle is registered;
OWNER means:
a)
the person who holds the legal title to the vehicle;
b)
the person who is entitled to be and is in possession of the vehicle;
c)
the person in whose name the vehicle is registered.
PARK means the stopping or standing of a vehicle, whether occupied or not;
PARKING SPACE means a space of a section of a street marked by other device or sign
that is intended for the parking of a vehicle;
PERSON means human being and includes a company and body corporate;
PEACE OFFICER means a police officer, constable or other persons employed for the
preservation and maintenance of the public peace;
RECREATION VEHICLE means a camper, motor home, holiday trailer or boat trailer
intended exclusively for recreation use;
RESIDENTIAL AREA means any area zoned for residential land use in the Land Use
Bylaw;
SHOULDER means the portion of the highway between the travelled portion of a highway
and the ditch, or if there is no ditch, the area between the travelled portion of the highway
and the boulevard;
SIDEWALK means the portion of a highway intended exclusively for use by pedestrians;
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SUPERINTENDENT means the Superintendent, Public Works and Engineering Services
of the Town of Lake Cowichan;
TOWN means the Town of Lake Cowichan;
TRAFFIC CONTROL DEVICE means a sign, signal, line, marking, space barrier or device
not inconsistent with this bylaw, placed or erected by authority of the Minister of Highways
or of the Council or person authorized by the Minister of Highways or the Council to
exercise such authority;
TRAILER means a vehicle, excluding a recreation vehicle, that is at any time drawn upon
a highway by a motor vehicle;
VEHICLE includes any means of conveyance in, upon, or by which any persons or
property is or may be transported or drawn upon a street irrespective of the motive of
power.
PART II - AUTHORITIES
2.01 The Council may:
a)
by resolution direct that traffic control devices be placed or erected to
regulate or prohibit traffic where necessary to ensure the movement of
traffic or to prevent damage to persons or property;
b)
by resolution alter traffic control devices at any location as circumstances
warrant.
2.02 The Collector may:
a)
authorize and issue parking permits on payment of the requisite fees for the
use of Town owned parking lots;
b)
issue or cause to be issued offence notices for violations of this bylaw;
c)
impound or cause to be impounded any vehicle, trailer or cycle in violation
of this bylaw.
2.03 The Superintendent may:
a)
on any highway, in a manner not inconsistent with this bylaw or the Motor
Vehicle Act, erect or cause to be placed temporary traffic control devices to
regulate or to prohibit traffic where necessary to ensure the movement of
traffic, or to prevent damage to the highway and where such traffic control
devices are so placed or erected they shall have the same force and effect
as if placed or by resolution of Council;
b)
be authorized and empowered by order to place, replace, or alter traffic
control devices at any location Council may determine to give effect to the
Motor Vehicle Act and this bylaw;
c) be authorized to direct and regulate traffic in any manner necessary and in
doing so, may disregard any traffic control devices.
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2.04 Peace Officers may:
a)
issue offence notices for violations of this bylaw;
b)
direct and regulate traffic in any manner necessary and in doing so, may
disregard any traffic control devices;
c)
impound any vehicle, trailer or cycle that is in violation of this bylaw.
2.05 The Fire Chief may:
a)
direct and regulate traffic in any manner necessary and in doing so, may
disregard any traffic control devices;
b)
designate in any manner, a line or lines near the location of a fire or other
emergency, beyond which the public shall not pass.
PART III - GENERAL TRAFFIC REGULATIONS
3.01 Application
Unless the context otherwise requires,
a)
the provisions of this bylaw do not apply in respect of the driving or
operation of a mechanically propelled invalid's chair, the use of which is
confirmed to the purpose for which it was designed;
b)
the provisions of this bylaw do not apply to persons, vehicles and to other
equipment while actually engaged in highway construction or maintenance
work upon, under or over the surface of a highway while at the site of the
work, but do apply to them when travelling to or from the site of work;
c)
a person riding an animal or driving an animal vehicle upon a highway has
all the rights and is subject to all the provisions of this bylaw.
3.02 Where a Peace Officer reasonably considers it necessary:
a)
to ensure orderly movement of traffic;
b)
to prevent injury or damage to persons or property;
c)
to permit proper action in an emergency.
he/she may direct traffic according to his/her discretion notwithstanding
anything in this bylaw, and every person shall obey his/her direction.
3.03 Conformance
No person shall park, drive or operate a vehicle or cycle in contravention of a traffic
control device.
3.04 Damage to Traffic Devices
No person shall drive or walk on or over a newly painted line or marking, remove
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or alter any traffic control devices.
3.05 Obey Commands
Every person shall at all times comply with any lawful order, direction, signal or
command made or given by a police officer, fireman, ambulance attendant,
flagperson or school patrol.
3.06 Damage to Sidewalks
No person operating a vehicle shall park, drive on, over or upon any sidewalk,
boulevard, curb or gutter so as to encumber, obstruct or damage same.
3.07 Blocking Intersection
No person operating a vehicle shall block an intersection, a marked crosswalk or
any traffic control device.
3.08 Traffic and Load Restrictions
Where in the opinion of the Town any highway is liable to damage through
extraordinary traffic thereon, it may regulate, limit or prohibit the use of the
highway by any person operating or in charge of the extraordinary traffic or person
operating or in charge of the extraordinary traffic or owning the goods carried
therein on the vehicles used therein. The use of tracked vehicles on its paved
highways is not permitted.
3.09 Overload/Oversize Permit
a)
overload and/or oversize permits may be issued to persons transporting
extraordinary commodities notwithstanding Section 7.01;
b)
applications must be made to the Town of Lake Cowichan;
c)
no charge for a permit will be made; however, applicant will be responsible
for any direct costs due to relocation or damages.
3.10 Highway Closure Permit
a)
temporary highway closure permits may be issued to persons requiring
partial or complete closure of a highway for the purpose of construction on
or adjacent to a highway;
b)
applications must be made to the Town of Lake Cowichan;
c)
no charge for a permit except for any direct costs incurred due to traffic
control or damages.
3.11 Removal of Offence Notice
No persons, other than the owner or operator of a vehicle, shall remove from a
vehicle any offence notice issued under the authority of this bylaw.
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3.12 Impounding Provisions
a)
When any vehicle or other chattel or obstruction is unlawfully occupying any
portion of a highway or public place within the boundaries of the Town, the
Town or any Peace Officer may take such vehicle, or obstruction into his
custody and cause it to be removed, detained, or impounded and stored in
the Public Works Yard or in such other place as may be designated by the
Town from time to time for such storage. The Town accepts no
responsibility for damages to any impounded vehicle or obstruction.
b)
Council may by resolution designate wrecking firms to be used for the
removal of vehicles contravening the bylaw.
c)
The Town may recover its fees, costs and expenses for such removal,
detention or impounding and storage either from the owner, or by the sale
of the vehicle at public auction or by action in any other court of competent
jurisdiction.
d)
The fees of the Town for such storage, in addition to any other costs or
expenses which might be incurred by the Town is listed in Schedule "A"
which is attached to and made part of this bylaw.
e)
Before offering any vehicle for sale at public auction a demand for payment
within thirty (30) days of any fees, costs or expenses for removal, detention
or impounding or storage incurred by the Town shall be sent by double
registered mail to the address of the owner as shown on the records of the
Superintendent of Motor Vehicles of the Province or State in which the
vehicle was last licensed.
3.13 Regulated Parking Zones
All highways and Town parking lots where parking is permitted or restricted are
hereby designated as regulated parking zones and traffic control devices may be
placed from time to time to indicate such regulations or restrictions.
Council may by resolution regulate hours of parking of vehicles on any highway and
such regulations will be duly posted.
PART IV - PEDESTRIAN REGULATIONS
4.01 Crossing Highways
No pedestrian shall stand on the travelled portion of a highway while waiting to
cross a highway.
4.02 Entering Roadway
No pedestrian shall leave the curb, or other place of safety and walk or run into the
path of a vehicle that is so close that it is impractical for the driver to stop.
4.03 Walking on Roadway
No pedestrian shall walk on the travelled portion of highway if a sidewalk or
shoulder or other space is available as a walking area.
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4.04 Crosswalks
No pedestrian, crossing a highway where a marked crosswalk exists, shall cross
outside the limits of the markings.
4.05 Traffic Control Device
No pedestrian shall cross a highway in a crosswalk in contravention of a traffic
control device.
4.06 Walking on Highways
Every pedestrian crossing a highway at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection shall give the right
of way to all vehicles on the highway.
PART V - PARADES, PROCESSIONS AND SOLICITATIONS
5.01 No persons or group of persons shall be present on a highway in such a manner
as to obstruct the free passage of pedestrians or vehicles, except with the written
permission of the Council.
5.02 No persons shall be a member of, or take part in, any procession unless:
a)
such procession is under the direction or control of a person acting as a
marshal or organizer;
b)
a written permit for such procession has been issued by the Council to such
marshal or organizer.
5.03 Applications for a permit for such a procession shall be made in writing to the
Council no less than thirty (30) days to the date of the procession, specifying the
day and hour which such procession is to be held, the place of formation or
commencement thereof, the route to be taken and the point of disbandment
thereof.
5.04 Sections 5.01 to 5.03 do not apply to a funeral procession.
5.05 Where a procession is lawfully in progress or where a funeral procession is in
progress, no pedestrian or driver of such a vehicle shall cross or interfere with the
procession.
5.06 The Council may grant to any organization the privilege of using any highway, or
portions thereof, on certain dates for the purpose of soliciting aid and no person
shall solicit aid without such permission having been granted.
PART VI - PARKING REGULATIONS
6.01 Unlawful Parking
a)
no person shall park a vehicle in any public place unless such person
complies with all conditions of this bylaw and other regulations posted by
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traffic control devices and signs.
b)
no person shall park a vehicle in contravention of the traffic control device
or any provision of this bylaw.
c)
not withstanding any provisions of this bylaw, no persons shall park a
vehicle on any highway for more than seventy-two (72) hours continuously.
6.02 Lane Parking
a)
no person shall park a vehicle in a laneway unless actively engaged in
loading or unloading of goods from a vehicle in which case parking will be
permitted for a period of up to thirty (30) minutes;
b)
whenever access can be had to any laneway, all deliveries or collections of
goods to or from any commercial building shall be made therefrom;
c)
notwithstanding (b) no person shall park a vehicle in a laneway for the
purpose of loading and unloading where a loading zone is provided on site.
6.03 Prohibited Parking
a)
on a sidewalk or boulevard;
b)
in front or within two (2) metres of any public or private driveway;
c)
upon or within six (6) metres of any intersection or stop sign;
d)
on either side of the highway in front of the driveway entrance to any except
where a traffic control device otherwise permits;
e)
within six (6) metres of a fire hydrant measured from a point in the curb or
edge of the highway which is closest to the fire hydrant;
f)
upon or within six (6) metres of a crosswalk;
g)
upon any highway for the principal purpose of:
i)
displaying a vehicle for sale;
ii)
advertising, painting, wrecking or repairing any vehicle, except where
repairs are necessary by an emergency;
iii)
displaying signs.
h)
having a length in excess of six (6) metres including a load or trailer upon
any of the highway reserved for angle parking;
i)
alongside or opposite a highway excavation or obstruction when stopping,
standing or parking obstructs traffic;
j)
upon a bridge or within six (6) metres of a bridge;
k)
i)
on a highway in such a manner as to obstruct or impede the normal
flow of traffic; or
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ii)
on a marked lane of a laned highway.
l)
in a place of a traffic control device that gives notice that stopping, standing
or parking is prohibited or restricted;
m)
in such manner as to obstruct the visibility of any standard traffic sign;
n)
on any portion of a street where lines, markings or other signs are placed
indicating the manner in which vehicles shall be parked, except in
accordance with such lines, markings or other signs;
o)
or not withstanding any provisions of this section alongside a curb painted
white or yellow which shall designate restricted parking.
6.04 Residential Parking
No person shall park a vehicle on a highway in a residential area contrary to any
traffic control device. Notwithstanding any other provisions of this bylaw, no
person shall park any vehicle having a gross weight exceeding 20,000 kilograms
or a length in excess of 7.5 metres on a local street within a residential area for a
period longer than two (2) hours.
6.05 Hazardous Materials
No person shall park or leave unattended, a vehicle or a trailer loaded or unloaded
and used for the transport of hazardous materials except at approved secured
areas.
6.06 Handicapped Parking
Only vehicles transporting or driven by disabled persons may park in parking
spaces expressly marked for that purpose and the driver of the vehicle must display
an official "Disabled Persons Parking Placard" issued pursuant to Division 35 of the
Motor Vehicle Act Regulations.
6.07 Unlicensed Vehicles
No person shall park an unlicensed vehicle, trailer or camper on public streets or
right-of-ways.
6.08 Snow Removal and Snow Plowing
There shall be no parking on any paved parking of a highway in the Town during
daylight hours where in the opinion of the Town snow removal is required.
PART VII - CLASSES OF VEHICLES
7.01 The following classes of vehicles are hereby established:
a)
Class 1 Vehicle - a motor vehicle licensed under the Motor Vehicle Act or
Commercial Transport Act for gross vehicle weight of 5,500 kilograms or
less;
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b)
Class 2 Vehicles - a motor vehicle licensed under the Motor Vehicle
Transport Act or Commercial Transport Act for a gross vehicle weight of
5,500 kilograms to 20,000 kilograms;
c)
Class 3 Vehicles - a motor vehicle licensed under the Motor Vehicle Act or
Commercial Transport Act for a gross weight of more than 20,000 kilograms
is required to display a municipal licence plate issued in accordance with the
Provisions of Division (2) of Part XI of the Local Government Act.
7.02 Subject to the provisions of this bylaw and the Motor Vehicle Act and with the
exception of arterial highways:
a)
a Class 1 Vehicle may be used or be present on any highway in the Town;
b)
a Class 2 Vehicle may only be used on highways where its use is not
prohibited by traffic control devices;
c)
a Class 3 Vehicle may not be used on any roadway in residential areas unless
written approval from the Town is obtained.
PART VIII - GENERAL PROVISIONS
8.01 Exemptions
The operator of any of the following classes of vehicles shall be exempt from the
provisions of Sections 6.04 and 7.02 of this bylaw:
a)
vehicles identified by the sign or insignia as belonging to the Town of Lake
Cowichan;
b)
emergency vehicles, as defined by the Motor Vehicle Act Revised Statutes
of British Columbia;
c)
vehicles operated by Peace Officers engaged in the lawful execution of their
duty;
d)
vehicles bearing the valid and official permit issued by the Social Planning
and Review Council of British Columbia, and operated by a handicapped or
disabled person;
e)
vehicles used solely for the purpose of transporting handicapped persons
and marked as such.
8.02 Drainage
No persons shall alter or stop the flow of water through any drainage, sewer, ditch
or culvert on any highway.
8.03 Littering
a)
No person shall operate on a highway a vehicle or combination of vehicle
and trailer unless it is so constructed, loaded or covered as to prevent any
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of its load from dropping, shifting, leaking or otherwise escaping therefrom;
b)
No person shall place, throw, deposit or discard on any highway, any
rubbish, litter or waste material of any description;
c)
Should any material, due to any cause whatsoever, fall from the vehicle, the
operator shall forthwith take all reasonable precaution to safeguard traffic
from the consequences thereof and shall remove such material from the
spilling area.
8.04 Construction
a)
No person shall excavate, construct any work, or occupy the highway for the
purpose of construction adjacent to the highway unless otherwise
authorized by the Town;
b)
Where authorized works are carried out on, over, under any highway,
appropriate signs, flashers, barricades or other warning devices shall be
provided around the construction zone to the satisfaction of the Town.
8.05 Impeding Traffic
No person shall use any highway for any purpose other than that of lawful traffic
except with the permission of the Town.
8.06 Noise and Advertising
No person shall operate a boom car within the Town, or a vehicle with a calliope,
loudspeaker, or other noise making devices on the streets of the Town for
advertising or other purposes unless a permit has been applied for and granted by
Council.
8.07 Structures Over Highways
a)
no person shall place, erect, remove or alter any sign, structure or other
device on or over a street or land without the express consent of Council;
b)
every owner or occupier of real property, or their agents or any other person
who shall in any way require to drive, pull or propel any vehicle, equipment
or trailer across any pavement, sidewalk, boulevard or curbing and gutter
for the purpose of entering his property or when leaving the travelled
portion of the street, or for any other reason, shall first construct across the
pavement, sidewalk, boulevard, curbing and gutter, protection sufficient to
prevent the same from being damaged and shall not obstruct the drainage
of surface water on or in any ditch or street or storm drain within the Town;
c)
every person who in any way damages pavement, paved or unpaved
sidewalk or curbing or gutter while leaving the travelled portion of the
street, shall be liable to the Town and shall pay for the costs of repairing
such damage to the satisfaction of the Town.
8.08 Property Access
No person shall alter an existing access to property or construct a new access to
a property without obtaining an access permit from the Town.
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PART IX - MISCELLANEOUS
9.01 A person who violates this bylaw commits an offence and is liable on summary
conviction to a fine not exceeding Five Hundred Dollars ($500.00).
9.02 The Town adopts the standards for traffic control purposes the publications,
Uniform Control Devices for Canada and the Pedestrian Crossing Control Manual for
British Columbia.
9.03 This bylaw may be cited as the Town of Lake Cowichan Traffic Bylaw No.
759-2003.
READ A FIRST TIME on the 13th day of May, 2003.
READ A SECOND TIME on the 13th day of May, 2003.
READ A THIRD TIME on the 13th day of May, 2003.
RECONSIDERED AND FINALLY PASSED on the 27th day of May, 2003.
______________________________
______________________________
MAYOR
CLERK
I hereby certify the foregoing to be a true
and correct copy of "Town of Lake Cowichan
Traffic Bylaw No. 759-2003" as adopted
on the 27th day of May, 2003.
CLERK
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13
SCHEDULE "A"
Attached to and forming part of Bylaw 759-2003
FEES FOR STORAGE
The fees of the Town for such storage, in addition to any other costs or expenses which
might be incurred by the Town for such storage shall be as follows:
a)
Ten ($10.00) dollars per day or a part thereof for a single vehicle of six (6)
metres in length or less.
b)
Eighteen ($18.00) dollars per day or a part thereof for a single vehicle longer
than six (6) metres.
c)
Eighteen ($18.00) dollars per day or a part thereof for a vehicle and trailer
of any length.
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