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Traffic and Parking Bylaw No. 413, 2009
Office Consolidation
This document is an office consolidation of Traffic and Parking Bylaw No. 413, 2009 with
subsequent amendments adopted by the Village of Lions Bay.
All persons making use of this consolidation are reminded that it has no Council sanction, that
amendments have been incorporated only for convenience of reference, and that for all
purposes of interpretation and application, the original bylaws should be consulted. The Village
of Lions Bay will, in no event, be liable or responsible for damages of any kind arising out of the
use of this consolidation.
This is not the official version of Traffic and Parking Bylaw No. 413, 2009, as amended, nor is it
admissible in a court of law. For such purposes, official certified copies of the original bylaws
can be obtained from the Village Office or by contacting us at: [email protected]
List of Amending Bylaws
Bylaw No.
Section
Description
Adopted
385
5.1
Amends penalties applicable under s.34
Sept. 19, 2006
465
3.1(10)
Deletes Schedule A & adds s.35 Fee BL Reference
Sept. 2, 2014
497
5.1.9
Updates Fee Bylaw Reference in s.35
January 1, 2017
528
2(a)
2(b)
2(c)
2(d)
Adds the year to the citation name
Deletes the words "stand" and "standing"
Deletes prohibition re. all tires on roadway
Adds a 3 year limit for Council approvals of
extraordinary vehicle or trailer permits under
July 4, 2017
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 2
2(e)
2(f)
2(g)
section 11.3(i)
Widens prohibition re. driving over fire hose
Authorizes Council to allow for the sale or display
of goods or services on a highway
Deletes all references to Schedule A fees and
substitutes reference to Fees Bylaw No. 497
546
2.1
2.2
2.3
2.4
An addition to the definition of Traffic Control
Device
Adds a delegation authority to the Village
Manager to adjust parking lot hours as required
Deletes and re-adds subsection 10 (h)
Amends section 11 (b)
June 19, 2018
564
2.1
Adds s.21(l)
July 2, 2019
598
9.1
Adds references to street parking
May 4, 2021
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 3
Bylaw No. 413, 2009
TRAFFIC AND PARKING BYLAW
A bylaw to regulate, control, or prohibit traffic and parking
The Council of the Village of Lions Bay, in open meeting assembled, enacts as follows:
Citation
1.
This Bylaw may be cited as "Traffic and Parking Bylaw No. 413, 2009".
2.
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid
portion must be severed and the remainder of this Bylaw is deemed to have been adopted
without the severed section, subsection, paragraph, subparagraph, clause or phrase.
Repeal
3.
Bylaws Number 219, 297 and 335 are hereby repealed.
Definitions
4.
In this Bylaw:
(a)
the definitions contained within the Motor Vehicle Act R.S.B.C. c. 318, the Commercial
Transport Act, R.S.B.C. 1998, c. 58, and the Community Charter, S.B.C. 2003, c.26 shall
be applicable; and
(b)
"Boulevard" means the area from the travelled portion of the highway to the adjacent
property line;
"Building-site workers" means professionals, contractors and labourers working on
sites adjacent to a highway, where demolition or building is occurring;
"Chattel" means any article of tangible property other than land, buildings, and other
things annexed to land;
"Commercial vehicle" means a vehicle licensed as a commercial vehicle under the
Commercial Transport Act;
"Corporate Secretary" means the person appointed to such position from time to time
or other persons authorized to carry out the duties ascribed to the said Corporate
Secretary;
"Council" means the Council of the Village of Lions Bay;
"Dumpster" means a container designed to receive, transport away and dump waste, as
distinguished from a household garbage can which holds waste until it is collected;
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 4
"Enforcement officer" means:
1. every person designated by Council by name of office or otherwise as an
enforcement officer for the purposes of administering and enforcing this Bylaw; and
2. a peace officer, including every officer of the Royal Canadian Mounted Police;
"Extraordinary vehicle" means any vehicle having a licensed gross vehicle weight rating
of 5,000 kg or more, or a vehicle having an overall length including any attached trailer
exceeding 6.1 metres, except for vehicles owned or leased by the Village or its agents;
"Highway" means a street, road, lane, bridge, viaduct and any other way open to public
use, whether owned or leased by the Village, other than a private right of way on
private property, including without limiting the generality of the word, the roadway and
the boulevard;
"Lane" means a highway which affords a secondary means of access to abutting sites;
"Manager Public Works" means the person appointed by Council to such position from
time to time or other persons authorized to carry out the duties ascribed to the said
Manager Public Works;
"Mayor" means the Mayor of the Village of Lions Bay, or his/her designate;
"Park" means the stopping of a vehicle, whether occupied or not, except when stopping
temporarily for the purpose of and while actively and visibly engaged in loading or
unloading for no longer than fifteen (15) minutes;
"Person with a disability" means a person with a disability whose vehicle displays a
parking permit obtained under the Parking Permit Program for People with Disabilities,
operated by the Social Planning and Research Council (SPARC);
"Police force" shall mean the Royal Canadian Mounted Police;
"Private road" or "Driveway" shall mean a highway or driveway, or that portion
thereof, which is on land that is not owned or leased by the Village or the province;
"Public Works" means the Public Works department of the Village of Lions Bay.
"Roadway" means that portion of a highway that is improved and ordinarily used for
the passage of vehicular traffic;
"Sidewalk" means that portion of a highway that is improved and marked for or
ordinarily used for passage by pedestrians.
"Stop" means,
(a) a complete cessation from movement, or
(b) the stopping 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;
"Traffic control device" means a sign, signal, line, meter, marking, space, barrier or
device which is consistent with the Motor Vehicle Act and placed or erected by or under
the authority of the Village, which may include an online or digital device;
[Amended by Bylaw No. 546]
"Village" means the Village of Lions Bay; and
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 5
"Village Manager" means the Village Manager or Administrator of the Village of Lions
Bay, and also means the person appointed by Council to the Village Manager or
Administrator position from time to time, or other persons authorized to carry out the
duties ascribed to the said Village Manager or Administrator.
"Workers on film projects" means employees of film companies who are carrying out
filming-related work in the Village of Lions Bay.
Traffic Control Devices
5.
Manager Public Works is hereby authorized to make orders in respect of placing, or causing to
be placed, traffic control devices on or above the surface of a highway, in order to enforce the
provisions of this Bylaw.
6.
The Mayor, the Village Manager, enforcement officers, employees of Public Works or Lions Bay
Fire Rescue, or any other persons specifically authorized by Manager Public Works, may erect or
place a traffic control device within the Village for a period not exceeding 48 hours at one time,
in the interests of public safety or controlling parking during events.
7.
Manager Public Works may erect or place or may require or permit to be erected or placed
traffic control devices on any highway where construction, reconstruction, widening, repair,
marking, or any other work is being carried out on the highway or on a parcel adjacent to it,
during the period of the work, to:
(a)
indicate that persons or equipment are working upon the highway or on a parcel
adjacent to it; and
(b)
to regulate or prohibit traffic in the vicinity of such work.
8.
(a)
Every person must obey the directions, instructions or prohibitions on or indicated by
any traffic control device placed or erected in accordance with this Bylaw or the Motor
Vehicle Act.
(b)
No person shall deface, damage, injure, move, remove, obstruct, or otherwise interfere
with, intentionally or otherwise, any traffic control device placed or erected upon any
highway.
(c)
No person shall allow plant growth on the boulevard adjacent to the property where
they reside to obstruct sightlines to a traffic control device.
(d)
No person shall establish, place, erect or maintain, or display in, or upon, or in view of
any highway, any sign, signal or other device which purports to be, or is in imitation of,
or resembles any traffic control device, or which attempts to direct the movement of
traffic or the parking of vehicles.
Parking
9.
The Council may direct Manager Public Works to designate, by the erection of a traffic control
device, "no parking" zones in which parking or stopping a vehicle is prohibited by this Bylaw.
The prohibition shall be in effect at all times unless Council, by Bylaw, limits the hours or days
when the prohibition is in effect. The Council may specify that certain zones or stalls are
reserved, either permanently or temporarily, for vehicles owned or operated by classes of
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 6
persons as Council may require, such as residents of the Village, visitors to the Village, persons
with disabilities, building-site workers, or workers on film projects.
9.1
Council hereby delegates to the Village Manager the authority to designate permissible parking
hours for metered or paid parking at the Lions Bay Beach Park Parking Lot, the Kelvin Grove
Beach Parking Lot, and the Sunset Trail Parking Lot, or such streets or other parking areas as
Council may direct that metered or paid parking be implemented, as well as the types of
vehicles or trailers which may use such parking areas.
[Amended by Bylaw No. 546]
10.
No person may stop or park a vehicle:
(a)
in contravention of a traffic control device which gives notice that stopping or parking is
restricted or prohibited there, except when actively and visibly engaged in loading or
unloading;
(b)
on a highway when not displaying a valid, current insurance decal, if such decal is
required for the vehicle to be lawfully driven;
(c)
on a crosswalk or within 5 metres of the edge of the marked crosswalk;
(d)
on that side of a highway within 6 metres of a stop sign;
(e)
on a bridge;
(f)
within 5 metres of any fire hydrant or standpipe, or in a position that causes it to
interfere with fire-fighting;
(g)
on any portion of a highway or public place in such a way as to interfere with or obstruct
the normal flow of traffic on the highway or public place or in such a way as to interfere
with the maintenance of such highway or public place by men/women and equipment
provided for that purpose;
(h)
in an area signed for permit parking only, except if the appropriate permit for the
parking is displayed in a in accordance with the directions on the permit.
[Amended by Bylaw No. 546]
(i)
on any portion of a highway or public place within 2 meters of the access to or egress
from a private driveway or Village right of way;
(j)
on any highway for a period longer than 72 consecutive hours;
(k)
on any highway for a period longer than 24 hours after the commencement of a fall of
snow; or
(l)
within an intersection or within 6 metres of any intersection.
11.
(a)
No person shall park any extraordinary vehicle between 6:00 pm of any day and 6:00
am of the day immediately following on any highway in a residential district except
when actively engaged in loading or unloading.
(b)
No person shall park any trailer on a highway unless it is attached to a vehicle and not
within a permit parking zone.
[Amended by Bylaw No. 546]
(c)
Despite 11-(1) and 11-(2), if Council deems that it is dangerous or impractical to park an
extraordinary vehicle or trailer by an owner on real property occupied by the owner, by
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 7
reason of the topography of that real property, the Manager Public Works may
designate and specify a parking space on the highway for the vehicle or trailer, under
the following circumstances:
i. if Council approves a written application to Council by the owner of the vehicle
or trailer, such approval shall be valid for no longer than 3 years, after which
time the owner of the vehicle must remove it or reapply;
ii. upon payment to the Village of an annual fee in accordance with Fees Bylaw No.
497, 2016, as amended.
12.
The driver of a vehicle shall not stop or park a vehicle on that side and portion of any highway
which abuts upon any property occupied by a school or used as a school playground on any
school day between the hours of 8 o'clock in the forenoon and 5 o'clock in the afternoon, from
Monday to Friday, from the beginning of September through to the end of June.
13.
The provisions of this Bylaw prohibiting stopping or parking shall not apply to:
(a)
any emergency vehicle while attending at any emergency call, but this exemption shall
not excuse the driver of any such vehicle from exercising due and proper care for the
safety of other traffic;
(b)
Municipal or Provincial utility vehicles or the vehicles of their agents;
(c)
vehicles of a public utility or public transit corporation; and
(d)
tow trucks, while such vehicles are actually engaged in works of necessity requiring
them to be stopped or to park, in contravention of such provision.
GENERAL REGULATIONS
Enforcement Officers
14.
Every enforcement officer is authorized to enforce this Bylaw.
15.
Every enforcement officer is authorized to direct traffic as the enforcement officer considers
necessary to:
(a)
ensure the orderly movement of traffic;
(b)
prevent injury or damage to persons or property; and
(c)
permit proper action in any emergency.
16.
No person may refuse to comply with the direction of any enforcement officer.
17.
No person may hinder, delay or obstruct in any manner, directly or indirectly, an enforcement
officer carrying out duties in accordance with this Bylaw.
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 8
Speed Limits in the Village
18.
The speed limit on all highways throughout the Village shall be not more than forty kilometres
per hour for all traffic, unless otherwise posted. The speed limit in all lanes throughout the
Village shall be no more than ten kilometres per hour, for all traffic.
Noise Making Devices
19.
No person shall operate a motor vehicle on a highway while the motor vehicle is using any
loudspeaker or noise-making device for advertising or other commercial purposes, unless the
person is acting in support of community events or of public safety.
Driving Over Fire-Hose Prohibited
20.
No person shall drive a vehicle over an unprotected hose of Lions Bay Fire Rescue.
Protection of Highways
21.
No person shall:
(a)
spill, throw, drop, deposit, leave behind, or let fall debris from or out of any vehicle,
including any bottle, glass, paper, crockery, nails, tacks, wood, dirt, gravel, manure,
sawdust, or refuse or any object, substance or materials whatever;
(b)
allow the flow of any noxious, offensive, or filthy water or substance on or upon any
highway;
(c)
damage landscaping, grass, shrubs, trees, flowers or plantings upon a highway;
(d)
damage or deface any highway by piling materials or articles upon it, carrying out any
kind of job upon it, dragging or hauling heavy materials or articles on or over it, digging
into it, constructing a ditch, the water from which causes damage to it, removing any
paving materials, turf, plants, earth, gravel or rocks from it, or by any other activity or
means which may affect the highway;
(e)
leave any dead animal on any highway;
(f)
camp, either by day or night, on any highway;
(g)
make any fire on any highway, or make a fire at any place so as to endanger any
installation on any highway;
(h)
haul or convey any load on any vehicle, or on or through any highway, unless the load
and any covering thereon is secured:
a. from becoming loose, detached or in any manner a hazard to other vehicles or users
of the highway;
b. from overhanging the rear or side of the vehicle in such a manner as to cause the
load to drag upon the surface of the highway;
(i)
urinate or defecate upon any highway;
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 9
(j)
drive a vehicle or combination of vehicles with a licensed gross vehicle weight in excess
of 63,500 kgs on a highway, without notifying the Manager Public Works and paying
the applicable fee in accordance with Fees Bylaw No. 497, 2016, as amended; or
(k)
operate or use any vehicle having wheel, tires or treads constructed or equipped with
projecting lugs, spikes, clouts, ribs, clamps, flanges or other attachments or projections
which extend beyond the tread or traction surface of the wheel, tire or track, upon any
highway except as permitted by the Motor Vehicle Act.
(l)
camp, loiter or imbibe alcohol, either by day or night, in or on any parking lot.
[Amended by Bylaw No. 564]
22.
In the event that any person shall contravene this bylaw by causing or allowing spillage, deposit
or damage as outlined in Section 21-(a), 21-(b), 21-(c), or 21-(d) above, the spillage must be
cleaned up within twenty-four (24) hours of any spill and any damage to the highway repaired
or remediated within fourteen (14) days of the occurrence of the damage. This work must be
carried out:
(a)
under the supervision of Manager, Public Works or according to the directions laid
down by Manager Public Works, and
(b)
at the expense of the owner and other persons responsible, jointly and severally, for the
presence of the material or substance spilled or the damage created.
23.
In the event that the terms of clean-up or remedial work required in Section 21 are not
complied with, in accordance with Section 17-(1) and 17-(2) of the Community Charter, the
following procedure shall apply. Manager Public Works may arrange clean-up of the spill or
remediation of the damage at the expense of the owner and other persons responsible, jointly
and severally for the presence of the material or substance spilled or the damage created. Fees
will be charged in accordance with Fees Bylaw No. 497, 2016, as amended. The Village of Lions
Bay may recover both these fees and the costs of the clean-up or remediation as a debt from
the owner and other persons responsible, jointly and severally, for the presence of the material
or substance spilled or the damage created.
24.
With the exception of young children operating a lemonade or similar stand, no person may use
or occupy any highway for the purpose of selling or displaying any goods or services, including
without limitation, flowers, fruit, vegetables, seafood, commodity, article, car cleaning or other
thing, except in the case of a community event or as specifically authorized by Council.
Amended by Bylaw No. 528
25.
No person may place or store any chattel, object, material, container or structure on any
highway, except as permitted by bylaw.
26.
No person may place a dumpster upon a highway, except with notification to the Village office
and payment to the Village of a fee in accordance with Fees Bylaw No. 497, 2016, as amended.
27.
No person may place, allow or permit any earth, rock, stone, tree, log, stump, branches or other
material to accumulate, cave, fall, crumble, slide or to be otherwise deposited on any highway,
except as permitted by bylaw.
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 10
28.
No person shall make any excavation for any purpose adjoining, or adjacent to, any highway
without building and maintaining a good and sufficient fence or other barrier along the line of
such highway, so as to effectively guard such excavation, and to protect and guard persons and
vehicles travelling along such highway against danger, risk, or accident by reason of such
excavation.
29.
No person shall construct or maintain any doorstep, porch, railing or other projection or
obstruction into or on any highway.
30.
Employees of the Village may remove any vehicle, chattel, construction, thing or growth which
is an obstruction to the free or safe use of any highway, or which may interfere with the free
use thereof, or which may encroach thereon.
31.
The Mayor or Village Manager may direct a group congregated on any highway to disperse, if
such dispersal is necessary to prevent or assist the prevention of a breach of the peace or threat
thereto, or other violation of the criminal law, or to protect members of the public from injury
or damage when works of maintenance or repair are being carried on by Municipal employees,
or in the event of a natural disaster or possibility thereof. No person, being directed to so
disperse, shall fail to do so.
32.
No person shall skateboard, rollerblade or operate a push scooter upon any highway unless
wearing a helmet.
Violation Provisions
33.
(a)
Any vehicle, chattel, obstruction or thing occupying any portion of a highway, where
such vehicle, chattel, obstruction or thing interferes with the normal flow of traffic on
the highway, or interferes with the maintenance of the highway by persons or
equipment provided for that purpose, or is on the highway in contravention of the
provisions of the Motor Vehicle Act or this Bylaw, is deemed to be unlawfully occupying
a portion of the said highway.
(b)
Any enforcement officer may remove or cause to be removed any vehicle unlawfully
occupying any portion of a highway and shall cause the said vehicle be towed to a place
of storage and the enforcement officer shall immediately report the matter to the
RCMP, giving a complete description of the vehicle and the location of the place of
storage. Any vehicle removed by the Village's towing contractor may be recovered by
paying the fees levied by the towing contractor, during the towing contractor's hours of
operation. Any vehicle directly removed to another location within the Village, by
Village staff, may be recovered by contacting the Village during its hours of operation
and paying the fees specified in Fees Bylaw No. 497, 2016, as amended. The Village, a
member of the Council, a person in lawful custody of the vehicle, or an officer,
employee or agent of the municipality, is not liable, in damages or otherwise, for or in
respect of any claim that may arise in respect of the vehicle after its removal in
accordance with this section.
(c)
If a motor vehicle is removed, detained or impounded and not claimed by its owner
within 48 hours, the Village will give written notice by registered mail to the registered
owner at his or her address as shown on the records of the Registrar of Motor Vehicles,
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 11
advising the owner of the seizure and impoundment, the sum payable to release the
motor vehicle and the date of advertising for sale by public auction if the vehicle is
unclaimed.
(d)
Except for vehicles as described in 33-(2) and 33-(3) above, any enforcement officer
may seize any chattel, obstruction or thing unlawfully occupying any portion of a
highway and cause the item to be taken to a place of storage and the enforcement
officer shall immediately report the matter to the RCMP giving a complete description
of the item and the location of the place of storage. The item may be recovered by
attending the Village office and paying the fees outlined in Fees Bylaw No. 497, 2016, as
amended.
(e)
All property removed, detained or impounded under all the provisions above of this
section shall be deemed to have come into the custody and possession of the Police
force on behalf of the Village. Where the owner of the property has not been
ascertained, and no order of a competent court has been made with respect thereto,
the property shall be disposed of or sold by the Village Manager in accordance with
section 67 of the Community Charter. A fee in accordance with Fees Bylaw No. 497,
2016, as amended shall be charged by the Village against the proceeds, and the balance
shall be held for the owner. If the balance remains unclaimed after one year from the
sale date, the balance shall be paid into the general revenue of the Village. The Village,
a member of the Council, a person in lawful custody of a vehicle, chattel, obstruction or
thing, or an officer, employee or agent of the municipality, is not liable, in damages or
otherwise, for or in respect of any claim that may arise in respect of the item after its
disposal in accordance with this section.
(f)
Despite any other provision of this Bylaw, if a chattel, obstruction or vehicle removed,
detained, or impounded is a perishable article, has an apparent market value of less
than $2,000.00 or if its custody involves unreasonable expense or inconvenience, the
Village Manager may decide not to proceed to public auction, and may dispose of the
chattel, obstruction or vehicle in any manner in which he or she deems expedient.
Penalties
34.
Any person contravening or committing any breach of or committing any offence against any of
the provisions of this Bylaw, or of the regulations or orders issued under this Bylaw, or refusing,
omitting, or neglecting to fulfill, observe, carry out or perform any duty or obligations imposed
by this Bylaw, or by the regulations or orders created hereunder, prescribed or imposed, is liable
on summary conviction, to a fine of $10,000, and is guilty of a separate offence each day that a
violation continues to exist.
[Amended by Bylaw 385]
35.
Fees for services that may be or are provided under this Bylaw shall be payable as set out in
Fees Bylaw No. 497, 2016, as amended.
[Amended by Bylaw 465]
[s. 35 Amended by Fees Bylaw No. 497, 2016]
Village of Lions Bay
Traffic & Parking Bylaw 413, 2009
Page 12
READ A FIRST TIME on
July 6, 2009
READ A SECOND TIME on
July 6, 2009
READ A THIRD TIME on
July 20, 2009
ADOPTED by the Council on
July 21, 2009
Mayor
Village Manager
Certified a true copy of
Bylaw 413, 2009 as adopted
Village Manager