Traffic, Street, and Sidewalk Control Bylaw No. 747, 2025
Nakusp, British Columbia
· adopted 2025-05-12
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VILLAGE OF NAKUSP
Traffic, Street, and Sidewalk Control Bylaw No. 747, 2025
A BYLAW TO REGULATE AND CONTROL TRAFFIC, PARKING, STREETS, AND SIDEWALK USE WITHIN THE
VILLAGE OF NAKUSP.
WHEREAS, the Council of the Village of Nakusp is empowered and authorized pursuant to the
Community Charter to regulate and prohibit all uses of or involving a highway or part of a highway
within the Village of Nakusp; and,
AND WHEREAS the Council of the Village of Nakusp deems it desirable and expedient to provide such
legislation for the purposes of enforcement;
NOW, THEREFORE, the Council for the Village of Nakusp, in an open meeting assembled, enacts as
follows:
1. CITATION & INTERPRETATION
1.
(1)
This bylaw may be cited for all purposes as the "Traffic, Street, and Sidewalk Control
Bylaw No. 747, 2025".
(2)
This bylaw applies to all traffic and to the activities of persons on Highways in the Village
of Nakusp other than controlled access highways and arterial highways designated
under the Transportation Act. In the event of any conflict between the Motor Vehicle
Act and this bylaw, the provisions of the Motor Vehicle Act shall prevail.
2. DEFINITIONS
2.
For the purpose of this bylaw, the following terms are defined:
(1)
"Accumulation" means a build-up, growth or collection, either scattered, amassed or
piled, existing at the time of inspection;
(2)
"Alley" means a Highway abutting the rear or side boundaries of a parcel of land and
which is intended as a secondary access to the rear or side yards of such parcels;
(3)
"Awning" means a folding or collapsible cover capable of being extended from or
retracted to the building or structure to which it is attached;
(4)
"Boulevard" means a Highway area extending from the edge of the Travelling Portion of
a Highway to the adjoining property line, including curbs, sidewalks, and ditches.
(5)
"Boat Launch" means the Nakusp Marina Boat Launch located at 102 Nelson Ave South,
Nakusp, BC, legally described as Lot 1 District Lot 397 Kootenay Plan 13443, PID 010-
915-184.
Bylaw Notice
Enforcement
Bylaw 694,
2020
(6)
"Bylaw Notice Enforcement" means the current Village of Nakusp Bylaw Notice
Enforcement Bylaw as amended;
(7)
"Canopy" means a non-retractable, solid projection which extends from the face of a
building and includes, among other things, a structure commonly known as the
mouldings, architraves, and pediments;
(8)
"CAO" means the person appointed as the Chief Administrative Officer of the Village or
their designate;
(9)
"Central Traffic Zone" means the area of the Village which is bound by the following and
outlined on Schedule A:
i)
On the North, by the northern-most boundary of First Street, between
Nelson Avenue and Eighth Avenue;
ii)
On the South, by the southern-most boundary of Waterfront Walkway,
between Nelson Avenue and Eighth Avenue;
iii)
On the West, by the western-most boundary of Eighth Avenue, between
Waterfront Walkway and First Street; and,
iv)
On the East, by the eastern-most boundary of Nelson Avenue, between
Waterfront Walkway and First Street.
(10)
"Commercial Vehicle" means:
i)
A Motor Vehicle from which sales are made of goods, wares,
merchandise or commodity; or
ii)
A Motor Vehicle by means of which delivery is made of goods, wares,
merchandise or commodity to a purchaser or consignee thereof;
(11)
"Council" means the elected officials for the Village of Nakusp;
(12)
"Curb" means the raised structural element which may be installed at the outside edge
of a Highway or median parking area;
(13)
"Cycle" means a device having any number of wheels that is propelled by human power
and on which a person may ride;
(14)
"Derelict Vehicle" means a vehicle or part thereof, which:
i)
Is physically wrecked or disabled;
ii)
Is not capable of operation under its own power; or,
iii)
Does not have an active insurance policy allowing the Motor Vehicle to
operate on a Highway.
(15)
"Development" means:
i)
An excavation or stockpile of earthworks and the creation of either of
them; or,
ii)
A building or an addition to, replacement or repair of a building and the
construction or placing in, on, over or under the land of any of them; or,
iii)
A change in the use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in the
use of the land or building; or,
iv)
A change in the intensity of the use of land or a building or an act done
in relation to land or a building results in or is likely to result in a change
in the intensity of use of the land or buildings.
(16)
"Downtown Cemetery" means the cemetery located on Broadway Street ending at 920
Broadway Street NW, Nakusp, BC.
(17)
"E-Bike" means power-assisted cycles that have a motor to help propel the device, have
fully operable pedals or hand cranks capable of propelling the cycle, do not have a
combustion engine, and are either a standard E-Bike or a Light E-Bike.
(18)
"E-Scooter" means a device that is designed to be solely self-propelled or self-propelled
with the capability to be propelled by human power, has two (2) wheels up to four (4),
has a platform for standing on with a steering handlebar and is designed to transport
one (1) person.
(19)
"Emergency Vehicle" means:
i)
A Motor Vehicle carrying rescue or first-aid equipment where there is an
urgent emergency justifying a rate of speed in excess of any maximum
rate of speed provided for in this bylaw or the Motor Vehicle Act; or,
ii)
A Motor Vehicle driven by a member of the fire department in the
discharge of their duties; or,
iii)
A Motor Vehicle driven by an RCMP officer or by a member of the police
branch of any of His Majesty's Armed Forces in the discharge of their
duties.
(20)
"Encroachment" means anything installed, constructed or planted within the Highway,
including the Sidewalk or Boulevard space, that the Village did not authorize;
(21)
"Exempt Vehicle" means a Motor Vehicle that an employee of the Village, the Federal or
BC Provincial Government uses.
(22)
"Highway" includes the meaning found in the Motor Vehicle Act and the entire width
between the boundaries of any registered road or highway right-of-way, when a part is
open to the public for vehicular traffic, including Sidewalks, Walkways, and Boulevards;
except the travel portion of Highway 23 (Controlled Access), Highway 6 S (Arterial) and
Highway 6 W (Controlled Access) which the Province of British Columbia owns.
(23)
"Litter" means any solid or liquid waste material or combination of solid or liquid waste
materials, including but not limited to any rubbish, refuse, garbage, paper, package,
container, bottle, can, manure, human or animal excrement, or the whole or part of an
animal carcass or offal, coal, wood, gravel, earth, sawdust, glass, or like material, plastic,
nails, staples, tracks, or scraps of metal;
(24)
"Loading Zone" means a portion of a Highway set aside adjacent to a Curb designated
by a traffic control device for the exclusive use of Motor Vehicles for the loading or
unloading of passengers, goods, or materials.
(25)
"Messenger Service Vehicle" means a Motor Vehicle with a gross weight not exceeding
Five Thousand Four Hundred and Fifty Kilograms (5450 kgs), which is:
i)
Used for the delivery of messages, documents, and packages for patrons
and customers of the messenger operating it to the destination in the
Central Traffic Zone; and,
ii)
Clearly marked in a permanent, non-removable manner with the name
of the messenger service operating it and identification indicating it is a
Messenger Service Vehicle.
(26)
"Motor Vehicle" means a device in, upon, or by which a person or thing may be
transported or drawn upon a Highway, and includes:
i)
A trailer so designed that it may be attached to or drawn by a motor
vehicle or tractor, and is intended to transport property or persons;
ii)
Any trailer that is designed, constructed, and equipped as a dwelling
place, living abode, or sleeping place, either temporarily or permanently
alike;
iii)
Any construction machinery such as, but not limited to, dump trucks,
backhoes, skid steers, excavators, concrete delivery trucks, front-end
loaders, and construction trailers;
iv)
Any trailer, carriage, buggy or similar vehicle drawn by a horse or other
animal.
(27)
"Motor Vehicle Act" means the Province of British Columbia Motor Vehicle Act [RSBC
1996} Chapter 318, as amended.
(28)
"Occupant" means the Owner, person or corporation residing or carrying on business
within any premises as a lessee of the Owner or pursuant to a licence occupation
granted by the Owner or the Owner of any vacant property.
(29)
"Offensive Matter" includes, but is not limited to, dead animals or animal parts, carrion,
offal, human or animal body fluids, grease, restaurant waste, used cooking oils,
excrement, or what a reasonable person would consider offensive.
(30)
"Operator" includes a person who drives or operates a Motor Vehicle as the Owner
thereof or as an agent, employee or servant of the Owner.
(31)
"Owner" means the registered owner of real property.
(32)
"Park" includes plural and past tense and means to allow a Motor Vehicle (whether
occupied or not) to remain standing in one place, except:
Use of Public
Property
Bylaw 733,
2024
i)
When standing temporarily for the purpose of and while actually
engaged in loading and unloading passengers;
ii)
When standing in obedience to a Peace Officer or traffic control device.
(33)
"Peace Officer" means:
i)
The RCMP;
ii)
CVSE;
iii)
CAO or designate; and,
iv)
Director of Operations or designate.
(34)
"Pedestrian" means a person afoot or using mobility-assisted devices.
(35)
"Priority Route" means any Highway within the municipal boundaries of the Village that
meets the criteria identified in the Village's Snow Clearing and Winter Maintenance
Policy C010 as amended.
(36)
"RCMP" means the Royal Canadian Mounted Police.
(37)
"Recreational Vehicle" means a Motor Vehicle or trailer that is designed, constructed
and equipped, either temporarily or permanently, as a dwelling place, living abode or
sleeping place.
(38)
"Sidewalk" means the area between the curb-lines or lateral lines of a roadway and the
adjacent property lines improved for the use of Pedestrians or any other improved area
set aside for Pedestrian use only.
(39)
"Sign" means a device, structure, or fixture intended for advertising or calling attention
to any place, person, matter, object or event.
(40)
"Taxi Zone" means a portion of a roadway adjacent to the Curb designed for the use of
taxicabs while waiting for their fares and includes the areas set aside exclusively for the
use of taxis;
(41)
"Travelling Portion of a Highway" means the part of the road intended for motor
vehicles to drive on but does not include the shoulder and is generally 3.5 meters from
the center of the road in either direction, running parallel with the road.
(42)
"Transportation Act" means the Provincial Government of BC Transportation Act [SBC
2004] Chapter 44, as amended.
(43)
"Transportation" means the operation of a Motor Vehicle, and includes the care of
handling of, assembly of storage in or for transit, or the delivery of passengers and
goods;
(44)
"Use of Public Property Bylaw" means the current Village Use of Public Property Bylaw,
as amended.
(45)
"Village" means the Corporation of the Village of Nakusp and or the land lying within the
municipal boundaries;
Zoning Bylaw
729, 2023
(46)
"Walkway" means a right-of-way set aside for the use of and ordinarily used for
Pedestrian travel of the general public, and may include Sidewalk (and Boulevard
portion thereof);
(47)
"Weed" includes brush, trees, any plant designated as a noxious weed pursuant to the
Weed Control Act [RSBC 1996] Chapter 487, as amended, and other plant growth that is
allowed to come to a state of causing or about to cause a nuisance, and includes any
vegetation where its root system, limbs, or shoots intrude into an Alley, Boulevard, or
Highway in a manner that may impact travel, construction, maintenance levels, safety,
longevity or the aesthetics of the Alley, Boulevard, or Highway.
(48)
"Work Forces" means Village employees and/or contract workers of the Village.
(49)
"Zoning Bylaw" means the current Village of Nakusp Zoning Bylaw, as amended.
3. DELEGATION OF POWERS & RECONSIDERATION
3.
(1)
Council hereby delegates the following powers to the CAO or their designate:
i.
The authority to temporarily close a Highway, or any portion thereof, as
deemed necessary;
ii.
The authority to issue permission for parades, processions, or any other
incidental use of any Highway or any portion thereof that may interrupt
normal traffic movement temporarily;
iii.
The authority to locate traffic control Signs and devices;
iv.
The authority to schedule street cleaning, snow removal, line painting, or
any other street maintenance program as may be necessary and to post a
schedule for the same accordingly;
v.
The authority to designate a snow removal route;
vi.
The authority to remove, impound, or dispose of any Signs or any other
object located on Village Highways in contravention of this bylaw; or to
order Village Work Forces to remove, impound, or dispose of same;
vii.
The authority to establish such parking and Loading Zones as deemed
necessary for the exclusive use of special classes of Motor Vehicles, which,
without restricting the generality of the foregoing, may include taxis, buses,
and disabled persons' Motor Vehicles.
(2)
Council hereby delegates the following powers to the CAO or their designate and
Peace Officers:
i.
The authority to place tickets on any Motor Vehicle parked in contravention
of the provisions of this bylaw;
ii.
The authority to serve a ticket on any Operator or Owner of a Motor Vehicle,
person, Pedestrian, or organization parked in contravention of this bylaw;
iii.
The authority to place an erasable chalk mark on the tread face of a tire on
any parked or stopped Motor Vehicle to determine the time at which a
Motor Vehicle has been parked in a location where parking is restricted to a
specific time;
iv.
The authority to remove any Motor Vehicle parked in contravention to this
bylaw or when emergency conditions may require such removal from a
Village Highway;
v.
The authority to designate the location for impoundment of Motor Vehicles
removed from Village Highways until said Motor Vehicles are reclaimed by
their Owners;
vi.
The authority to seize and impound for a period not exceeding sixty (60)
days any Cycle, Sign, or any other item used, operated or abandoned on
Village streets in contravention of this bylaw;
vii.
The authority to dispose of unclaimed impounded items after the sixty (60)
day impoundment period has passed.
(3)
When the CAO exercises the authority delegated to them, a person is entitled to have
Council reconsider the following matter(s):
i)
A denied request for a temporary Highway closure;
ii)
A denied request for a parade or procession;
iii)
An unsatisfactory level of work that the private property Owner,
Occupier, or Development before Village Work Forces have been sent to
complete the work.
(4)
A person requesting Council to reconsider the CAO decision must provide written notice
to the CAO within ten (10) business days of the postmark indicating the date the
enforcement letter was sent.
(5)
A request for Council's reconsideration must concisely state the grounds for the appeal.
(6)
The decision of the CAO must be reconsidered during the next available Council
meeting.
4. GENERAL PROVISIONS
4.
(1)
Operators of Emergency Vehicles and Exempt Vehicles, Peace Officers and Village Work
Forces are exempt from the provisions of this bylaw, where necessary, when executing
their duties.
(2)
A person must not, separately or in a group, stand, sit, lay, or run on a Highway to
obstruct any Pedestrian or Motor Vehicle from lawfully using such Highway or Sidewalk,
or to obstruct the entrance to any building; and, upon a request being made by a Peace
Officer or other person duly authorized to do so, must immediately disperse and move
away.
(3)
For certainty, Section 4.2 does not prohibit the congregation or assembling of persons
to watch a parade, procession or road race, or to attend and listen to public speaking, so
long as the proceedings are peaceful, orderly, and sufficient space is left on the Highway
to allow free movement or ordinary traffic; but should any Highway at or near such
assembly become so obstructed by those proceedings to impede such ordinary traffic,
the obstructing person must move away upon being requested to do so by a Peace
Officer or by any person duly authorized.
(4)
A Sign must not:
i)
Obstruct the free and clear vision of a person operating a Motor Vehicle
or Pedestrian traffic;
ii)
Be located where it may interfere with or display any colours which may
be confused with any authorized traffic control device;
iii)
Be attached to any signpost being the property of the Village or traffic
control device post;
iv)
Or otherwise create a traffic hazard.
(5)
Any Sign, notice, or other object placed on or beside a Highway, or upon abutting public
lands, including Boulevards, that does not comply with the provisions of the Motor
Vehicle Act, this bylaw, Village's Zoning Bylaw, or the Village's Use of Public Property
Bylaw, may be removed and impounded by Village Work Fores, without any notice or
warning to the Owner thereof.
(6)
Except where such receptacle or structure has been provided for the purpose of posting
notices or advertising, as in the case of a kiosk or notice board, a person must not attach
a bill, placard, pamphlet, leaflet, notice, or printed matter to or on:
i)
A building or structure of any nature being the property of the Village;
ii)
a bridge, fence, post or signpost, streetlight pole, electric pole, railing,
monument, overpass, or receptacle of any kind that is the property of
the Village;
(7)
A person must not deface or cause graffiti of any nature to be placed on any property of
the Village.
(8)
A person operating on a business premises for the following purposes, such Motor
Vehicles must not be washed to result in water, mud, or slush upon any Village
Highway:
i)
For the sale of new or used Motor Vehicles;
ii)
For the purpose of washing Motor Vehicles;
(9)
A person must not drain or allow to leak any engine, transmission or other chemical
fluids out of a Motor Vehicle upon a Village Highway so that the said fluids fall upon the
Highway.
(10)
A Motor Vehicle found to be leaking engine, transmission, or other chemical fluids or
fluids of any type will be deemed to constitute a danger to public safety and may be
towed away and impounded, and the fluids removed from the Highway at the expense
of the registered Owner of the Motor Vehicle.
(11)
A person operating a business premises, to which entry or exit for Motor Vehicles is
made by a crossing located between the Curb and the private property line, must not
allow mud, water, slush, ice, or icy frozen snow to remain on the Sidewalk or roadway
portion of said crossing.
(12)
A person or Operator must not pass beyond a controlled access point designated by a
Peace Officer or member of the Fire Department at the location of a fire.
(13)
A person must not load or unload goods or merchandise across a Sidewalk or Boulevard
into a premise where alternate, non-obstructing loading and unloading facilities for the
premise have been provided.
(14)
A person must not live in a Motor Vehicle on public property within the Village limits
unless permitted by the Zoning Bylaw.
(15)
A person must not cross any Highway at a point where a traffic control device prohibits
such crossing.
(16)
A person must not place, dispose of, direct, or allow any Litter or Offensive Matter on
any portion of a Highway.
(17)
All traffic control devices in place on the effective date of this bylaw are valid for this
bylaw.
(18)
All school zones, playground zones, accessible parking zones, Loading Zones and bus
zones in effect immediately before this bylaw's coming into force will continue in effect
until removed or altered by the Village or Ministry of Transportation.
5. SPEED LIMITS & TRAFFIC CONTROL
5.
(1)
A person must not drive or operate a Motor Vehicle on a Highway within the Village at a
speed greater than 40 km/h, except:
i)
Broadway Street between Nelson Avenue and the northwest boundary
of the Downtown Cemetery at a speed greater than 30 km/h;
ii)
In any Alley at a speed greater than 20 km/h;
iii)
On a Highway where playground Signs are displayed stating a speed
limit of 30 km/h or on which the numerals '30' are prominently shown;
iv)
On a Highway where school zone Signs are displayed stating a speed
limit of 30 km/h or on which the numerals '30' are prominently shown
while approaching, passing or in the vicinity between the hours of 8 AM
- 5 PM during school days as indicated by the Signs; and,
v)
Where temporary speed Signs have provided alternate speed limits.
(2)
The CAO may, at their discretion, cause a Sign to be erected or placed on a Highway
temporarily limiting the rate of speed a Motor Vehicle may travel.
(3)
If the CAO has caused a Sign to be erected or placed on a Highway limiting the rate of
speed of Motor Vehicles, a person must not, when the Sign is in place on the Highway,
drive or operate a Motor Vehicle at a greater rate of speed than that indicated on the
Sign for that category of Motor Vehicle.
(4)
Notwithstanding any traffic control device indication to proceed, a person must not
drive any Motor Vehicle into any intersection or crosswalk unless there is sufficient
space for the Motor Vehicle to clear the intersection or crosswalk.
(5)
A person must not post or exhibit any notice, placard, bill, printed matter or other type
of notice on any traffic control device unless approved in writing by the CAO.
6. STREETS AND ALLEYS
6.
(1)
Truck traffic shall not be permitted on those Highways in the Village that are designated
with Signs such as "No Thru Truck Traffic" or "No Truck Traffic" or symbols indicating the
same, except for those trucks making pick-ups or deliveries on those Highways.
(2)
Truck Routes are as designated in 'Schedule B' and are attached to and form part of this
bylaw.
(3)
A person must not drive, operate, or permit any tractor, tracked Motor Vehicle or
machinery of any kind with cleats, with or without lugs attached to such Motor Vehicle,
upon any Highway within the Village, unless proper means are taken to protect the
Highway or prevent any damage to said Highway.
(4)
A person must not excavate or break up the surface of a Highway, park, Boulevard, or
parking lot without obtaining prior written permission from the CAO.
(5)
A person must not construct a projection from a building or other structure which
extends over a portion of a Highway, except for a Sign, a Canopy, or an Awning and is
subject to enter into an encroachment agreement to the satisfaction of the CAO or
designate.
(6)
Unless written permission from the CAO has been obtained, a person must not, in
connection with a building operation or construction on any portion of a Highway:
i)
place any building materials, building tools, machinery, or construction
devices;
ii)
Park, leave, stand or station a mobile crane or other mobile building
construction machine;
iii)
load or unload material, machinery or equipment of any kind used in
connection with a building operation of any nature; or,
v)
Leave a portable garbage container standing with a clear width greater
than two metres (2.0m).
(7)
Unless authorized in writing by the CAO to do so, a person must not erect or set up in
any portion of a Highway:
i)
a pole or poles of any nature;
ii)
a guy wire or any other means of support for poles.
(8)
A person must not, in the course of developing private land adjacent to a Highway, alter
in any way, the current grade of the Highway next to such private property.
(9)
The Owner or Occupant of premises adjacent to a Highway shall not allow any object to
project into any portion of a Highway except as provided in this bylaw.
(10)
A person must not drive over or walk on:
i)
A newly painted line on a roadway when Signs, flags, or other warning
devices indicate the same;
ii)
An unprotected water hose, as laid down by Village Work Forces or
Volunteer Fire Department, unless an official of the Village or Fire
Department at the scene has specifically allowed a person to do so.
(11)
A person must not place or allow to be put an electrical cord, hose, chain or other
similar obstruction upon or across any portion of a Highway.
(12)
A person must not direct a water flow onto or across any portion of a Highway from
private property adjacent to a Highway.
(13)
A person must not deliberately cause anything to enter the storm sewer system except
natural precipitation.
(14)
A person must not tamper with or remove a catch basin, manhole, or valve cover from
its seat base installed on a Highway.
(15)
A person must not solicit for or carry on any business, trade, or occupation on a
Highway within the Village, not place any item for display or sale or exhibit merchandise
of any nature upon any Highway in the Village, nor allow any tables or chairs for use of
customers to be placed upon any Highway in the Village unless permitted to do so by a
licence issued by the Village.
(16)
A person must not permit or allow oil to be placed or tracked onto a Highway or Alley.
7. PARKING
7.
(1)
Unless expressly permitted by the other provisions of this bylaw, an Operator or
Owner of a Motor Vehicle may not Park or permit to be parked or left standing any
Motor Vehicle:
i)
Upon any portion of a Highway to take up overnight abode, or for a
continuous period of time exceeding 24 hours, without first obtaining
permission from the CAO or designated authority;
ii)
Adjacent to any yellow-marked Curbs or on any portion of a Highway
marked by traffic control devices as a "No Parking" zone;
iii)
Within 6 meters of a stop sign or intersection where the intersecting
lateral lines of two roadways meet;
iv)
In the entranceway, ramps or gated access to any fire hall, ambulance
station, emergency vehicle lane, or in any other manner to interfere
with the proper operation of access for any Emergency Vehicle;
v)
Where the Motor Vehicle will, in any way, interfere with the use of a
doorway intended as a fire or emergency exit from any building
abutting a street or Highway;
vi)
In any Loading Zone, except any Commercial Vehicle lawfully engaged in
loading or unloading goods or merchandise or a Motor Vehicle lawfully
engaged in loading or unloading passengers;
vii)
Upon any land owned by the Village which is used as a playground, a
recreation area, a public park, a Walkway, or Sidewalk or any portion of
a recognized pathway;
viii)
In any parking space on Village-owned property where such spaces have
been reserved for Motor Vehicles operated by Village Work Forces or
Volunteer Fire Department members.
ix)
On any Village-owned or operated parking lot in contravention of the
prohibitions stated on any traffic control devices posted in said parking
lot;
x)
At any bus stop, Taxi Zone, passenger Loading Zone, accessible parking
stall, or at any other place or area where traffic control devices indicate
that parking is restricted to a certain class of Motor Vehicles unless the
Motor Vehicle is a member of the restricted class;
xi)
Upon any Highway, Boulevard, or Alley that the CAO has designated for
snow removal, street-cleaning, or snow piling;
xii)
On the Boat Launch ramp for a longer duration of time than required to
launch or load a boat.
(2)
A person who permits a Motor Vehicle to be Parked in contravention of this bylaw is
subject to towing and fines.
(3)
Where a Motor Vehicle parking space is marked out or designed upon a Highway, every
Operator or Owner of a Motor Vehicle using the aforementioned space must Park their
Motor Vehicle wholly within the limits of the space.
(4)
An Operator or Owner of a Motor Vehicle must not Park or permit such Motor Vehicle to
remain parked on the following Highways for a period of longer than two (2) hours
between the hours of 08:00 - 18:00, Monday through Sunday:
i)
Broadway Street between Nelson Avenue and 8th Avenue.
(5)
An Owner or Operator of a Motor Vehicle must not Park a Motor Vehicle in any Alley
within the Village except for the purpose of:
i)
Loading or unloading of goods from a Commercial Vehicle for a period
not exceeding thirty (30) minutes;
ii)
Loading or unloading of goods or passengers from a Motor Vehicle other
than a Commercial Vehicle for five (5) minutes, provided the Motor
Vehicle concerned does not obstruct the Alley to prevent other Motor
Vehicles or persons from passing along said Alley;
iii)
Loading or unloading of items for the purpose of moving in or out of a
building, provided the Motor Vehicle moving the items does not
obstruct the Alley, preventing other Motor Vehicles or persons from
passing along the Alley.
(6)
An Owner or Operator must not stop or Park a Motor Vehicle in such a manner that the
Motor Vehicle is in front of or within one metre (1.0 m.) of the side of any refuse
container or storage area located in an Alley in the Central Traffic Zone.
(7)
A person must not leave parked or permit to be left parked on any Travelling Portion of
a Highway a Motor Vehicle or a trailer, including:
i)
a trailer designed for the occupancy of persons;
ii)
a trailer designed for the carrying of goods and equipment;
iii)
a semi-trailer;
iv)
mobile equipment;
v)
Recreational Vehicle; or,
vi)
Motor Vehicle configured to be drawn by another Motor Vehicle except
when a trailer is attached to the Motor Vehicle used to draw it.
(8)
An Owner or Occupant of the following must not Park or permit to be Parked on any
Highway in any area of the Village that is designated or zoned for residential use under
the Village's Zoning Bylaw:
i)
Any construction machinery or equipment;
ii)
Any machinery used in the process of farm or field husbandry; or,
iv)
A bus.
(9)
An Owner or Operator of a Recreational Vehicle must not Park on Broadway Street.
(10)
Owner or Operator of a Recreational Vehicle must not park on any Highway within the
Village overnight.
(11)
An Owner or Operator of a Recreational Vehicle must not Park the Recreational Vehicle
on any Highway in the Village in such a manner as to constitute a hazard to other
persons using the Highway.
(12)
An Owner or Operator of any Motor Vehicle must not park a Motor Vehicle in such a way
that any items being hauled on or within the Motor Vehicle project out of the vehicle,
impeding the flow of traffic on the Travel Portion of a Highway or Pedestrians travelling
on a Sidewalk, Boulevard, or Walkway.
(13)
An Owner or Operator of any Motor Vehicle must not stand or Park any vehicle on the
Highway to service or repair the Motor Vehicle, except in case of a breakdown or other
emergency if the Motor Vehicle cannot be moved.
(14)
A person being in charge or control of a garage, service station, radio shop or other
premises where repairs or installations are made to vehicles for compensation, must not
leave, on any Highway, a Motor Vehicle which is left in their possession for carrying out
repairs or making installations or for any other purpose whatsoever.
(15)
Notwithstanding other provisions of this bylaw, a Messenger Service Vehicle, while it is
being used to deliver a message, document, or package, may be parked for not more
than ten (10) minutes in a "No Parking Zone."
(16)
At any time and place where an on-duty Peace Officer, in their discretion, decides that
parking a Messager Service Vehicle, while otherwise permitted, may cause traffic
congestion, they may require the Operator to move their Motor Vehicle and must
comply with the direction of the Peace Officer.
(17)
Notwithstanding anything elsewhere contained in this bylaw, the provisions relating to
stopping or Parking of Motor Vehicles does not apply to the following while any such
Motor Vehicle is being used at work, where it is required that it be standing or Parked:
i)
Emergency Vehicles;
ii)
Motor Vehicles used in conjunction with the servicing of public utilities,
including communication systems, electric systems, and Cablevision
systems;
iii)
Exempt Vehicles;
iv)
Towing service Motor Vehicles;
(18)
Unless a person has obtained written permission from the CAO, a person must not:
i)
Occupy any Highway or Sidewalk or part thereof for the purpose of
carrying on the construction, alteration, repair, maintenance or
demolition of any building;
ii)
Build, construct, demolish, place or maintain, or cause to be built,
constructed, demolished, placed or maintained on any Highway or part
thereof, any structure or object.
8. BOULEVARDS, SIDEWALKS & PEDESTRIANS
8.
(1)
A person must not use the land between the roadway and their property as a driveway
where the following are in place without first obtaining written permission from the
CAO:
i)
A Boulevard is sown to grass, or there is grass growing naturally
thereon, or
ii)
A Curb, gutter, or Sidewalk or any of them, is constructed.
(2)
A person must not prepare, construct, commence or attempt to prepare or construct a
private driveway between the roadway and their property, whether it is merely
excavated, built up, filled or strengthened with rock or gravel, paved with concrete or
asphalt, or any other preparation unless written approval is received from the CAO
before the commencement of the work.
(3)
A person who has received written approval to construct a new driveway must ensure
proper drainage and water flow are achievable; any drainage issues that arise are the
responsibility of the private property Owner or Occupant.
(4)
An Owner or Occupant of any private property that abuts a ditch is responsible for
maintaining proper drainage.
(5)
The Owner or Occupant of any private property adjacent to a Boulevard sowed to grass
or where the grass is growing naturally, one must cut such grass at regular intervals
necessary to keep the Boulevard tidy, attractive, and free of Weeds.
(6)
Every Owner or Occupant of a property must maintain the Sidewalk, Boulevard, or Alley
that is adjacent to their property and, without limiting the generality of the foregoing,
must:
i)
Remove Accumulation of Offensive Matter, leaves, Litter, discarded
materials, hazardous objects or other materials that may obstruct a
drainage facility;
ii)
Remove all Offensive Matter, leaves, Litter, discarded materials,
hazardous objects and materials from all Boulevards, Sidewalks, or
Alley;
iii)
In keeping with a reasonable standard of maintenance in the area, keep
grassed areas trimmed and reasonably free of Weeds;
iv)
Keep in good repair all driveway crossings;
v)
Trim and maintain all trees and plantings to ensure sightlines are
maintained for motor vehicle traffic and obstruction-free for
Pedestrians along Sidewalks or Walkway;
vi)
Not allow for the storage or accumulation of Derelict Vehicles.
(7)
Without limiting Section 8.6, every Owner or Occupant of a property located in the
Commercial area, as defined in the Zoning Bylaw, must remove all accumulations of
Offensive Matter, leaves, Litter, discarded materials, and hazardous objects and
materials from all Sidewalks, Boulevards, and Alleys adjacent to their property no later
than 10:00 AM each day.
(8)
A person must not deposit Offensive Matter, leaves, Litter, discarded materials, or
hazardous objects or materials removed from Sidewalks, Boulevards, Alleys, or private
property onto Village property or Highways.
(9)
A person must not place any object or material in a gutter or against a Curb or
elsewhere on a Highway, either to enable them or any other person to drive an animal
or Motor Vehicle from the travelled portion of the street to their land without prior
written authorization from the CAO.
(10)
The registered Owner of private property adjacent to a Highway must, at the time such
property is undergoing Development of any manner:
i)
Be responsible for the replacement of any shrubbery or trees located on
a Boulevard, Highway, or Walkway which have been damaged or
removed during the process of Development;
ii)
Be responsible for the rehabilitation of the Boulevard to the satisfaction
of the CAO;
iii)
Be responsible for any repairs or replacements of the Sidewalk, Curb
and gutter, or pavement, including removing and rehabilitating any
existing unused Sidewalk crossing and aprons.
(11)
Any damage or alteration to a Highway pursuant to section 8.10 of this bylaw that a
property Owner or developer fails to rehabilitate to the satisfaction of the CAO may
result in the Village Work Forces performing such work; all costs will be deemed a debt
due and owed to the Village by the registered Owner of the aforementioned private
property.
(12)
A person authorized under a permit to develop private or public land adjacent to a
Highway, or the general contractor or other person acting on behalf of such person
must not allow mud, dirt, or other construction debris to be tracked by Motor Vehicles
onto a Highway exiting from said lands.
(13)
A person found in contravention of section 8.12 may, in addition to any penalty herein,
be served with a warning notice by a Peace Officer to take corrective action to remedy
the situation within a stated time period.
(14)
A person who fails to comply with section 8.13 may result in Village Work Forces
performing the work; all costs incurred shall be deemed a debt due and owed to the
Village by the person specified on the warning notice.
(15)
On any sidewalk within the Village, except where expressly permitted by a traffic control
device, a person must not:
i)
Ride a Cycle;
ii)
Ride an E-Bike;
iii)
Ride an E-Scooter;
iv)
Ride, drive, draw, push or Park any Motor Vehicle;
v)
Ride, lead, or allow a horse to walk;
(16)
Section 8.15 does not apply to:
i)
Children under the age of ten (10) riding Cycles;
ii)
Cycles, E-Bikes, E-Scooters, Motor Vehicles and horses crossing a
Sidewalk in a place where there is a lane, a prepared crossing, or where
permission has been granted for such purpose;
iii)
Wheelchairs or other mobility-assist devices.
(17)
A person must apply to the Village to construct, at the applicant's sole expense, the
necessary depressed Curb, concrete apron and Sidewalk crossing, or anything required
to enable Motor Vehicles from the applicant's property to enter the Highway.
(18)
A person must not:
i)
Construct or attempt to construct a Sidewalk crossing by placing any
objects or materials on any part of the street, including but not limited
to the gutter thereof, whether or not the same is constructed separately
therefrom; or,
ii)
Place any object or material in a gutter without prior written
authorization from the CAO.
(19)
The Village may require a person who contravenes section 8.18 to:
i)
Remove object or material; or,
ii)
If the person does not comply with an order of the Village, have the
same removed at the cost of the person placing the same on the
Highway.
(20)
The Owner or Occupant of any private property adjacent to a Highway, paved or
finished concrete Sidewalks, or Walkways must not allow any hedges, shrubs, trees or
landscaping to be in contravention of the Zoning Bylaw.
(21)
A person must not place any Sign upon any Sidewalk in the Village unless said Sign
complies with the Use of Public Property Bylaw provisions and any other applicable
Village bylaws or provincial or federal statutes.
9. SNOW REMOVAL
9.
(1)
A person must not Park a Motor Vehicle on any Highway or Boulevard that is designated
as a Priority Route or snow removal route from November 15 to April 1, effective
annually, except:
i)
To avoid conflict with traffic;
ii)
To comply with the law or the direction of a Peace Officer; or,
iii)
While operating a municipal, provincial or federal Exempt Vehicle while
performing their duties.
(2)
A person who Parks a Motor Vehicle on a Priority Route or snow removal route during
the dates mentioned in section 9.1 contravenes this bylaw and may be towed under the
authority of the CAO at the Owner's expense.
(3)
A person must not place, permit, or allow to be placed any snow or ice on a Highway
except as authorized in writing by the CAO.
(4)
An Owner or Occupant of property abutting a Highway, Boulevard, or Sidewalk must not
allow or permit any snow or ice to cave, fall, crumble, slide or accumulate from such
property upon the Travelling Portion of a Highway, or a Sidewalk or remain thereon.
(5)
An Owner or Occupant of any property abutting or fronting a Sidewalk must maintain
their portion of the Sidewalk to be cleared and kept clear of all snow, ice, dirt, and Litter
on the Sidewalks throughout the day and must dispose of the same other than leaving it
upon the street.
(6)
A person must not place or allow to be placed any snow or ice upon any Highway from
private property, except on a Boulevard.
(7)
Notwithstanding any section of this bylaw, sand, gravel, magnesium chloride, or calcium
magnesium acetate placed upon icy portions of a Highway, Sidewalk or Boulevard to
minimize the danger of slippery conditions is permitted when used as recommended by
a product's manufacturer.
(8)
A person must not place or permit to be placed Rock Salt or other products that cause
corrosion to concrete or are harmful to the environment on any Highway, Sidewalk,
Boulevard, or Alley.
10. ENCROACHMENTS
10.
(1)
A person must not encroach onto Village property without a permit issued by the CAO
or designate.
(2)
The Village is not responsible or liable for items encroaching on Village property.
(3)
A person who has encroached onto Village property may be required to remove items
at the encroacher's expense.
(4)
The Village is not responsible for the costs of removing or replacing anything that
encroaches on Village property.
(5)
A person who stores a Motor Vehicle or other items on a Boulevard that may be
damaged through snow clearing by Village Work Forces is not eligible for compensation
by the Village.
11. ENFORCEMENT AND FINES
11.
(1)
Where in this Bylaw, any such matter or thing is required to be done by any person to
private property, in default of it being done by such person, the Village may complete
the same and charge the work done as taxes due and owing to the Village.
(2)
A person who violates any provision of this bylaw or who suffers or permits any act or
thing to be done in contravention of this bylaw, or who neglects to do or refrains from
doing any act or thing which is required by any of the provisions of this bylaw commits
an offence punishable on summary conviction.
(3)
A person who violates any provision of this bylaw and commits an offence punishable by
summary conviction shall be liable to a fine set in the current Bylaw Notice Enforcement
Bylaw.
(4)
Each day the offence continues may be considered a separate offence under this bylaw.
(5)
This bylaw is enforceable by:
i)
The CAO and their designate;
ii)
Peace Officers; or,
iii)
RCMP.
(6)
An impounded Motor Vehicle, Cycle, Sign or another item must not be released to its
Owner or agent until the Owner pays the removal and impoundment charges and said
charges are in addition to any fine or penalty imposed for contravention of this bylaw.
(7)
The imposition of payment of a fine imposed for the contravention of this bylaw must
not relieve any person so fined from:
i)
Any liability to pay to the Village any expenses arising from any damage
caused by that person or his agents to Village property;
ii)
Payment of any costs incurred in having Village Work Forces perform
such work where authorized by this bylaw.
12. SEVERABILITY
12.
(1)
If any part, section, sub-section, clause or sub-clause of this bylaw is, for any reason,
held invalid by the decision of a Court of competent jurisdiction, such decision does not
affect the validity of the remaining portions of this bylaw.
13. REPEAL
13.
(1)
Traffic Street and Sidewalk Control Bylaw 496, 1997, and all amending bylaws are
hereby repealed.
READ A FIRST TIME THIS 24th DAY OF March 2025.
READ A SECOND TIME THIS 24th DAY OF March 2025.
Reviewed by the Ministry of Transportation and Transit, April 2, 2025.
READ A THIRD TIME THIS 28th DAY OF April 2025.
ADOPTED THIS 12th DAY OF May 2025.
_________________________
_________________________
Mayor
Chief Administrative Officer
SCHEDULE A
Central Traffic Zone Map
SCHEDULE B
Truck Routes