Streets and Traffic Bylaw 4100 (2000 Consolidated)
Oak Bay, British Columbia
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STREETS AND TRAFFIC BYLAW, 2000 (No. 4100)
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and application of the bylaws of this subject.
Consolidated up to April 27, 2026 to include Bylaws:
4129
Adopted June 25, 2001
4767
Adopted Nov. 9, 2020
4130
Adopted Aug 20, 2001
4778
Adopted Apr. 26, 2021
4136
Adopted Dec. 10, 2001
4800
Adopted Dec. 13, 2021
4177
Adopted Jan. 27, 2003
4831
Adopted Jan. 9, 2023
4193
Adopted June 23, 2003
4836
Adopted May 8, 2023
4206
Adopted Nov. 24, 2003
4841
Adopted July 24, 2023
4232
Adopted June 29, 2004
4848
Adopted Oct. 10, 2023
4261
Adopted Jan. 24, 2005
4898
Adopted Jan 27, 2025
4294
Adopted Nov. 28, 2005
4908
Adopted June 9, 2025
4322
Adopted June 26, 2006
4933
Adopted October 14, 2025
4343
Adopted Jan. 22, 2007
4955
Adopted April 27, 2026
4349
Adopted Feb. 26, 2007
4351
Adopted Mar. 26, 2007
4373
Adopted July 23, 2007
4424
Adopted August 18, 2008
4429
Adopted Sept. 8, 2008
4431
Adopted Sept. 29, 2008
4440
Adopted Nov. 10, 2008
4446
Adopted Jan. 12, 2009
4456
Adopted Apr. 27, 2009
4501
Adopted Mar. 22, 2010
4531
Adopted May 9, 2011
4605
Adopted Jan. 27, 2014
4611
Adopted Apr. 14, 2014
4619
Adopted May 26, 2014
4687
Adopted Apr. 10, 2017
4714
Adopted Nov. 13, 2018
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
2
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4100
STREETS AND TRAFFIC BYLAW, 2000.
A Bylaw to regulate traffic and the use of streets within the Municipality of Oak Bay
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled, enacts
as follows:
INTERPRETATION
1
(1)
In this Bylaw and any orders made hereunder, the expressions
used shall have the respective meanings assigned to them in the
Motor Vehicle Act and regulations made thereunder, except as
set forth in this Section.
(**Bylaw No. 4429, adopted September 8, 2008)
(2)
In this Bylaw,
"BIKE SHARE OPERATOR" means any person that owns or
operates a bike share system.
(**Bylaw No. 4714, adopted November 13, 2018)
"BIKE SHARE SYSTEM" means the provision of bicycles for
short-term rentals for point to point trips where, by design of
the bike share operator, the bicycles are intended to remain
upon roadways, streets or other public places even when not
being rented by a customer.
(**Bylaw No. 4714, adopted November 13, 2018)
"BLOCK" means both sides of a roadway lying between two
roadways, other than lanes, that intersect the roadway in
question;
"BOULEVARD" means that portion of a street other than a
roadway or sidewalk;
"BUS" means a motor vehicle used as a public utility for the
carriage of passengers;
"CAR SHARE CO-OP VEHICLE" means a vehicle owned by a
not-for-profit co-operative association incorporated under
the laws of British Columbia and used exclusively in the
provisions of the association's car sharing service;
(**Bylaw No. 4955, adopted April 27, 2026)
"CHIEF CONSTABLE" means the Chief Constable or Deputy
Chief Constable of the Corporation;
"COLLECTOR" means the Municipal Treasurer-Collector of
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
3
the Corporation;
"COMMERCIAL VEHICLE" means a motor vehicle
(a)
upon which there is displayed a valid and subsisting
commercial licence plate issued pursuant to the
Commercial Transport Act, and which either
(b)
(i)
has a net weight in excess of 2,650 kilograms;
(ii)
has a gross vehicle weight in excess of 4,400
kilograms;
(iii)
has an overall length in excess of 6.4 metres;
(iv)
has an overall height in excess of 2.4 metres; or
(v)
bears any lettering, numbering, insignia or
graphics indicating a connection with a trade or
business.
"CORPORATION" means The Corporation of the District of
Oak Bay;
"COUNCIL" means the Municipal Council of the Corporation;
"CROSSWALK" means:
(a) a portion of the roadway at an intersection or elsewhere
distinctly designated for pedestrian crossing by signs or by
lines or other markings on the surface;
(b) the portion of a highway at an intersection that is included
within the connection of the lateral lines of the sidewalks on the
opposite sides of the highway, or within the extension 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; or
(c) the portion of the roadway at an intersection or elsewhere
that is designated for bicycle crossing by signs or elephant feet
markings or other markings on the road surface.
(**Bylaw No. 4908, adopted June 9, 2025)
"CYCLING LANE" means a lane of a roadway in respect of
which signs, symbols or road markings indicate that the lane is
set apart for the use of bicycles.
(**Bylaw No. 4429, adopted September 8, 2008)
"DISABLED PERMIT" means a disabled person's parking
permit issued under Division (38) of the Regulations;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
4
"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;
"DISABLED ZONE" means a parking zone identified by the
disabled parking sign set out in Schedule 2 of Division (23) of
the Regulations;
"DIRECTOR OF ENGINEERING SERVICES" means the
Director of Engineering Services for the Corporation, and
includes his/her designate;
(**Bylaw 4501, adopted Mar 22, 2010)
(**Bylaw 4605, adopted Jan 27, 2014)
"ELECTRIC VEHICLE" means a vehicle that uses electricity
for propulsion, and that can use an external source of electricity
to recharge the vehicle's batteries. For clarity, hybrid vehicles
are considered Electric Vehicles by this definition only if they
can be plugged in to recharge the batteries.
(**Bylaw 4831, adopted Jan 9, 2023)
"ELECTRIC VEHICLE CHARGING ZONE" means an area of
a highway or a municipal facility designated by traffic control
device for the parking of Electric Vehicles for the purposes of
recharging their batteries.
(**Bylaw 4831, adopted Jan 9, 2023)
"ELEPHANT'S FEET MARKINGS" means a series of white
painted squares that delineate a crosswalk where cycling is
permitted.
(**Bylaw 4908, adopted June 9, 2025)
"MANAGER OF RECREATION PROGRAM SERVICES"
means the Manager of Recreation Program Services for the
Corporation;
(**Bylaw 4605, adopted Jan 27, 2014)
"MOTOR HOME" means a motor vehicle of height greater
than
2.15
metres
designed
or
used
primarily
for
accommodation during travel or recreation, and includes a
pickup truck and camper combination;
"MUNICIPAL ADMINISTRATOR" means the Municipal
Administrator of the Corporation, and includes his/her delegate;
(**Bylaw 4605, adopted Jan 27, 2014)
"MUNICIPAL CLERK" means the Municipal Clerk of the
Corporation, and includes his/her delegate;
(**Bylaw 4605, adopted Jan 27, 2014)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
5
"MUNICIPAL CONSTABLE" means a constable appointed by
the Police Board of the Corporation under the Police Act;
"MUNICIPALITY" means the area within the geographical
limits of the Corporation;
"PARK", "PARKING" or "PARKED" means the standing of a
vehicle, whether occupied or not, upon a street, otherwise than
temporarily for the purpose of and while actually engaged in
loading or unloading of merchandise or passengers;
"PARKING SPACE" means any portion of a street or a parking
lot owned by the Corporation which has been marked by
painted lines, signs or other devices indicating that it is
intended for the parking of a vehicle, and, for the purposes of
Section 65 only, includes zones or portions of a street, or of a
parking lot owned by the Corporation, where parking is
prohibited;
"PEDESTRIAN" means a person on foot, an invalid in a
wheelchair or an infant in a stroller or carriage, and does not
include a person using a cycle, skateboard, scooter, in-line
skates or roller-skates for conveyance;
"POLICE POST" means a place designated as such by an order
issued pursuant to this Bylaw;
(**Bylaw 4531, adopted May 9, 2011)
"PUBLIC PLACE" includes any place to which the public has
access as of right or by invitation, express or implied;
"REGULATIONS" means the Motor Vehicle Act Regulations,
B.C. Reg. 26/58;
"ROAD EVENT" includes a block party, road race, marathon,
walkathon, film production, theatrical or musical performance,
parade, procession, march or other extraordinary use which
may affect normal traffic upon a street;
"ROADWAY" means that portion of a street, other than a
sidewalk, which is commonly travelled over by vehicular
traffic, more particularly the portion so used which has been
surfaced with macadam, asphalt, gravel or other hard material;
"SIDEWALK" means that portion of a street, between the curb
lines or lateral lines of a roadway and the adjacent property
lines, which has been improved for the use of pedestrians;
"SIDEWALK CROSSING" means that portion of a sidewalk,
curb or boulevard which has been permanently improved or
designed for the passage of vehicles;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
6
"STREET" includes a highway, road, roadway, sidewalk,
boulevard, lane, alley or bridge;
"STREET LINE" means the dividing line between any real
property and the adjoining street;
"TAXI" means a motor vehicle which is operated, or plies, for
hire by members of the public, but does not include an
ambulance, a bus, a hearse, a limousine, a vehicle driven by the
person who hires it, or a vehicle with a passenger seating
capacity of five or less the sole commercial use of which is as a
licenced sightseeing vehicle;
"TAXI STAND" means a place designated as such by an order
issued pursuant to this Bylaw.
(3)
Unless the context otherwise requires, wording importing the
singular number or masculine gender shall include the plural or
feminine gender, and the converse shall also apply.
ORDERS
2
(1)
Any order or orders made by Council pursuant to this Bylaw
shall, upon adoption, be certified by the Municipal Clerk as to
the fact and date of adoption.
(2)
Any order or orders made by the Director of Engineering
Services pursuant to this Bylaw shall, upon issuance, be
certified by the Director of Engineering Services and Municipal
Clerk as to the fact and date of issuance.
(3)
In any order or orders made by Council or the Director of
Engineering Services pursuant to this Bylaw which regulates,
controls or prohibits traffic or the parking and stopping of
vehicles, the said vehicles may be classified according to their
nature, type, character, weight, equipment, accessories or
otherwise, and different provisions may be made for different
classes.
(**Bylaw 4177, adopted Jan. 13, 2003)
3
The Municipal Clerk shall have custody of all orders made pursuant to
this Bylaw, and having seen to their proper completion shall preserve
and keep the originals thereof. He shall keep on hand at least one duly
certified copy of each order which on request shall be made available for
perusal by any person during regular office hours. He shall furnish
certified copies of such orders and may charge a fee of not more than
twenty-five (25) cents per page to any person applying, but no fee shall
exceed the sum of Five Dollars ($5.00) per order.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
7
TRAFFIC REGULATIONS
I.
AUTHORITY TO MAKE ORDERS
(**Bylaw 4177, adopted Jan. 13, 2003)
4
(1)
For the purpose of regulating the movement of traffic in the
Municipality, the Council may by order
(a)
(**deleted by Bylaw 4778, adopted April 26, 2021)
(b)
(**deleted by Bylaw 4778, adopted April 26, 2021)
(c)
(**deleted by Bylaw 4778, adopted April 26, 2021)
Signals
(d)
designate the locations where traffic control signals shall
be placed;
One Way Streets
(e)
designate the locations where signs bearing words or
symbols indicating that a street is a one way street shall
be placed;
Highway Lines
(f)
designate the street or streets or portions thereof which
shall be marked in the manner provided by Section 155
of the Motor Vehicle Act;
Highway Dividers
(f)
designate the street or streets or portions thereof which
shall be divided in the manner provided by Section 163
of the Motor Vehicle Act;
No Pedestrian Crossing
(g)
designate the locations where signs indicating that
pedestrian traffic therein is prohibited shall be placed;
Cycling Lane
(h)
designate, by signs, symbols or road markings, the
roadway or part of a roadway upon any street as a
cycling lane, and, if applicable, fix the hours of the day
during which such lanes are to be in effect.
Temporary Street Closures
(i)
direct that on any street, that traffic control devices be
erected or placed to indicate that the street is
temporarily closed to traffic for the purpose of
facilitating the staging of a road event.
(2)
For the purpose of regulating the movement of traffic in the
Municipality, the Council or the Director of Engineering
Services may by order:
(**Bylaw 4501, adopted Mar 22, 2010)
No "U" Turns
(a)
designate the locations where signs bearing words or
symbols indicating that "U" turns are prohibited shall
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
8
be placed;
Yield Signs
(b)
designate the locations, at or near intersections, where
signs bearing words or symbols instructing traffic to
yield the right of way shall be placed;
Crosswalks
(c)
designate the portions of streets which shall be
crosswalks marked by distinctive lines or markers upon
the street surface, and where signs indicating that such
portions of streets are crosswalks shall be placed;
Laned Roadways
(d)
designate the roadway or part of a roadway upon any
street or part thereof to be a laned roadway and
providing for the marking thereof with suitable lines
upon the roadway;
Turning-Laned Roadways
(e)
designate the lane or lanes upon a laned roadway at or
near an intersection where suitable traffic control
devices shall be placed to direct that no turns or turns
only in certain directions shall be made at the
intersection by vehicles travelling in such lane or lanes;
Schools & Playgrounds
(f)
(g)
(h)
(i)
designate the locations at or in the vicinity of schools
and public playgrounds for children where signs stating
a speed limit of 30 kilometres per hour, or upon which
the numeral "30" is prominently shown shall be
displayed for the purposes of Section 147 of the Motor
Vehicle Act;
designate the locations where signs bearing words or
symbols indicating that left hand turns are prohibited
shall be placed;
(**Bylaw 4778, adopted April 26, 2021)
designate the locations where signs bearing words or
symbols indicating that right hand turns are prohibited
shall be placed;
(**Bylaw 4778, adopted April 26, 2021)
designate the locations, at intersections, where signs
bearing the word "STOP" shall be placed;
(**Bylaw 4778, adopted April 26, 2021)
(3)
The Council may, by resolution, at any time rescind, revoke, or
vary any order made by the Director of Engineering Services.
(**Bylaw 4177, adopted Jan. 13, 2003)
(**Bylaw 4501, adopted Mar 22, 2010)
II
REGULATIONS
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
9
Fire Department
5
Any officer or member of a Fire Department in attendance at or near any
fire or other emergency may direct, stop or prohibit traffic on any street
in the vicinity of such fire or other emergency and every person shall
comply with such direction.
Work in Streets
6
The Director of Engineering Services may, without benefit of an order,
direct that on any street where construction, reconstruction, widening,
repair, marking or other work is being carried out, temporary traffic
control devices be erected or placed indicating that crews or equipment
are working upon the street, and regulating traffic in the vicinity of such
work, and every person shall comply with such traffic control devices,
and with directions from flag persons appointed by the Corporation to
control traffic in such areas.
(**Bylaw 4501, adopted Mar 2, 2010)
Temporary Street
Closure
(Construction)
7
The Director of Engineering Services or his delegate may, without
benefit of an order, direct that on any street where construction,
reconstruction, widening, repair, marking or other work is being carried
out, temporary traffic control devices be erected or placed to prohibit
traffic in the vicinity of such work, and every person shall comply with
such traffic control devices.
Temporary Signs
8
The Chief Constable may, without benefit of an order, direct that such
temporary traffic control devices as he deems necessary to control traffic
or parking be placed
(1)
along the route or in the vicinity of a road event or large public
gathering; and
(2)
in any other location where special circumstances require,
and every person shall comply with same.
Special Speed Zone
20 km/hour
9
(1)
No person shall drive or operate a vehicle at a greater rate of
speed than 20 kilometres per hour on the highways or portions
thereof hereinafter enumerated:
Barkley Terrace;
Esplanade;
Estevan Avenue from Beach Drive to Esplanade;
Scenic Drive through Uplands Park, at Cattle Point;
Tod Road
Any lane not exceeding 8 metres in width.
(**Bylaw No. 4373, adopted Jul. 23, 2007)
The driveway through the Municipal Hall parking lot, 2167 Oak
Bay Avenue.
(**Bylaw 4778, adopted April 26, 2021)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
10
Special Speed Zone
30 km/hour
(2)
No person shall drive or operate a vehicle at a greater rate of
speed than 30 kilometres per hour on the highways or portions
thereof hereinafter enumerated:
Bee Street;
Crescent Road;
Denison Road;
Eastdowne Road between Cadboro Bay Road and Estevan
Avenue;
Elgin Road;
Epworth Street;
Estevan Avenue;
Florence Street;
Foul Bay Road from Crescent Road to Oak Bay Avenue;
Goldsmith Street;
Hampshire Road from McNeill Avenue to Central Avenue;
Haultain Street;
Henderson Road from Haultain Street to Foul Bay Road;
Island Road;
King George Terrace from Beach Drive to Crescent Road;
Mountjoy Avenue;
Musgrave Street from Bowker Avenue to Dufferin Avenue
Prospect Place;
Runnymede Avenue;
Runnymede Place;
That portion of Woodburn Avenue north of the intersection with
Dundrum Road;
Margate Avenue
(**Bylaw 4800, adopted December 13, 2021)
(Bylaw 4933, adopted October 14, 2025)
Special Speed Zone
35 km/hour
(3)
No person shall drive or operate a vehicle at a greater rate of
speed than 35 kilometres per hour on the highways or portions
thereof hereinafter enumerated:
Newport Avenue from Currie Road to Beach Drive.
Special Speed Zone
(4)
No person shall drive or operate a vehicle at a greater rate of
speed than 40 kilometres per hour on the highways or portions
thereof hereinafter enumerated:
40 km/hour
Beach Drive;
(**Bylaw 4800, adopted December 13, 2021)
Bowker Avenue from Esplanade to Cadboro Bay Road;
(**Bylaw 4836, adopted May 8, 2023)
Cadboro Bay Road from Foul Bay Road to Pacific Avenue;
(**Bylaw 4136, adopted Dec. 10, 2001)
Cadboro Bay Road from Cedar Hill Cross Road to Hibbens
Close;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
11
Currie Road;
(**Bylaw 4836, adopted May 8, 2023)
Eastdowne Road from Estevan Avenue to Lansdowne Road
(**Bylaw 4933, adopted October 14, 2025)
Foul Bay Road from Oak Bay Avenue to Cadboro Bay Road
(**Bylaw 4955, adopted April 27, 2026)
Foul Bay Road north of the extension of the boundary between
3182 Wessex Close and 3188 Wessex Close;
(**Bylaw 4456, adopted April 27, 2009)
Gordon Head Road from Cedar Hill Cross Road to McKenzie
Avenue; (Bylaw 4898)
Granite Street
(**Bylaw 4619, adopted May 26, 2014)
Hampshire Road from Oak Bay Avenue to Bowker Avenue;
Haultain Street;
(**Bylaw 4836, adopted May 8, 2023)
Henderson Road from Lansdowne Road to Cedar Hill Cross
Road;
(**Bylaw 4836, adopted May 8, 2023)
Lansdowne Road;
(**Bylaw 4836, adopted May 8, 2023)
McNeill Avenue from Foul Bay Road to Newport Avenue;
Monterey Avenue north of McNeil Avenue;
(**Bylaw 4836, adopted May 8, 2023)
Newport Avenue from Currie Road to Oak Bay Avenue;
Oak Bay Avenue from Prospect Place to Foul Bay Road;
St. Ann Street;
(**Bylaw 4440, adopted November 10, 2008)
St. Patrick Street;
(**Bylaw 4836, adopted May 8, 2023)
Thompson Avenue;
(**Bylaw 4351, adopted Mar. 26, 2007)
University Drive and those portions of Ring Road on the
University of Victoria campus lying within the municipal
boundaries of the District of Oak Bay;
Upper Terrace.
(**Bylaw 4130, adopted August 20, 2001)
Victoria Avenue south of McNeill Avenue;
(**Bylaw 4836, adopted May 8, 2023)
Windsor Road;
(**Bylaw 4836, adopted May 8, 2023)
Sidewalk Use
10
(1)
No person shall hinder or interfere with pedestrian traffic on or
obstruct the free use of any sidewalk, and no person shall operate or
ride an electric kick scooter on any sidewalk except in accordance
with the provisions of this Bylaw.
(**Bylaw 4841, adopted July 24, 2023, Bylaw 4898)
(** Bylaw 4908, adopted June 9, 2025)
Sidewalk Use
(2)
No person shall ride a bicycle in a marked crosswalk unless it is also
marked with elephant's feet markings on one or both sides of the
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
12
crosswalk, or such movement is otherwise permitted by a traffic control
device.
(**Bylaw 4908, adopted June 9, 2025)
Sidewalk Use
(3)
A person riding a bicycle in, through, or out of a crosswalk, must yield the
right of way to pedestrians who are entering into, walking in, or exiting
from the crosswalk.
(**Bylaw 4908, adopted June 9, 2025)
Sirens
11
No person shall maintain or use on any vehicle, except an
emergency vehicle, any signalling device of the type or kind
commonly known as a siren.
Closed Streets
12
No person shall permit any vehicle to be in or upon, or shall drive
or propel any vehicle in or upon, any street or part of a street
which is closed to traffic. Every street or part of a street shall be
deemed to be closed to traffic upon which there appears any
barrier or written or printed notice purporting to be from the
Corporation, stating or indicating that such street or part of a street
is closed to traffic. Every street or part of a street upon which a
licence has been granted pursuant to section 42.1 of this Bylaw
shall be deemed to be closed to traffic, during the duration of the
licence issued under that section.
(**Bylaw 4841, adopted July 24, 2023)
Horses
13
No person shall suffer or permit any horse to run at large, or to
stand or be tethered in any street.
PARKING AND STOPPING REGULATIONS
I.
AUTHORITY TO MAKE ORDERS
(**Bylaw 4177, adopted Jan. 13, 2003)
14
(1)
The Council may by order
(a)
(**deleted by Bylaw 4778, adopted April 26, 2021)
Resident Only Parking Zones
(b)
designate and set apart streets or portions thereof as
"Resident Only Parking" zones for the exclusive use of
vehicles of residents of dwellings adjacent to such streets
or portions thereof and the invitees and licencees of such
residents, and fix the hours of the day during which, and
the days on which, such zones are to be set apart;
(c)
(**deleted by Bylaw 4778, adopted April 26, 2021)
Bus Zones
(d)
designate certain streets or portions thereof as "Bus"
zones for the exclusive use of buses;
Angle Parking
(e)
designate certain streets or portions thereof as "Angle
Parking" zones;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
13
REPEALED
(f)
REPEALED
(**Bylaw 4955, adopted April 27, 2026)
Taxi Stands
(g)
designate certain streets or portions thereof as "Taxi
Stands" for the exclusive use of taxis or any class of taxi;
Traffic Control Devices
(h)
provide for the erection, placing, printing or marking
upon any streets or portions thereof such traffic control
devices as the Chief Constable or the Director of
Engineering Services deems necessary or expedient to
give effect to the provisions of this Bylaw, any orders
made hereunder, the Motor Vehicle Act or any
regulations made thereunder, and such provision may be
included in any order made pursuant to this Bylaw or
may be set forth in a separate order or orders;
Police Posts
(i)
designate certain streets or portions thereof as "Police
Posts" for the exclusive use of a marked Oak Bay Police
Department vehicle.
(**Bylaw 4531, adopted May 9, 2011)
(2)
The Council or the Director of Engineering Services may by
order
No Stopping Zones
(a)
designate certain streets or portions thereof as "No
Stopping" zones and, if applicable, fix the hours of the
day, and the days on which such zones are to be in effect;
No Parking Zones
(b)
designate certain streets or portions thereof as "No
Parking" zones and, if applicable, fix the hours of the day
during which such zones are to be in effect;
Marked Spaces
(c)
place or cause to be placed marks or lines upon the
surface of any street or streets indicating the spaces or
portions of such street or streets within which each
vehicle shall be parked;
Passenger Zones
(d)
(e)
designate certain streets or portions thereof as
"Passenger" zones and fix the length of time which
vehicles may remain stopped or standing for the purpose
of loading or unloading passengers.
designate certain streets, municipal parking lots or
facilities, or portions thereof, as "Limited Time Parking"
zones, and fix
i.
the length of time during which vehicles may be
continuously parked within such zones; and
ii.
(ii) the hours of the day during which, and the
days on which, the regulations in respect of any
such zone shall apply;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
14
(f)
(**Bylaw 4778, adopted April 26, 2021)
designate certain streets or portions thereof as "Loading"
zones, and fix the hours of the day, and the days on
which, such zones are to be in effect.
(**Bylaw 4778, adopted April 26, 2021)
Electric Vehicle Charging Zones
(g)
designate certain streets or portions thereof as "Electric
Vehicle Charging Zones," and fix the hours of the day,
and the days on which, such zones are to be in effect.
(**Bylaw 4831, adopted January 9, 2023)
Handicapped Parking
(h)
designate areas or parking spaces on a street, municipal
parking lot or facility as "Disabled" zones.
(**Bylaw 4955, adopted April 27, 2026)
Car Share Co-op Zones
(i)
designate areas or parking spaces on a street, municipal
parking lot or facility as "Car Share Co-op zones".
(**Bylaw 4955, adopted April 27, 2026)
(3)
The Council may, by resolution, at any time rescind, revoke, or
vary any order made by the Director of Engineering Services.
(**Bylaw 4177, adopted Jan. 13, 2003)
(**Bylaw 4501, adopted Mar 22, 2010)
Exemptions
Monterey Centre
15
(1)
In respect of those municipal parking lots or facilities on lands
described as Lot B, Section 23, Victoria District, Plan 42273,
and Lot A, Section 23, Victoria District, Plan 49177, the
Council may implement a scheme for exempting persons
holding a valid and subsisting membership in the Oak Bay
Seniors Activity Association at the Monterey Centre, 1447
Monterey Avenue, from orders made pursuant to Section
14(1)(a).
(**Bylaw 4232, adopted Jun 29, 2004)
Municipal Hall
(2)
In respect of those municipal parking lots or facilities on lands
described as Lots V and W, Sections 23 and 69, Victoria
District, Plan 673, the Council may implement a scheme for
exempting municipal employees or persons holding a valid and
subsisting temporary visitors permit from orders made pursuant
to Section 14(1)(a).
(**Bylaw 4232, adopted Jun 29, 2004)
Cadboro Bay and Cranmore
Road
(3)
In respect of the municipal parking lot or facility on land
described as:
Parcel 1 (DD 136140-I) of Parcel "A" (DD 77566-I) of Lots 9
and 10 of Sections 28 and 61, Victoria District, Plan 69, the said
Parcel 1 lying wholly within the said Lot 10 and Section 28, the
Council may implement a scheme for exempting municipal
employees from orders made pursuant to Section 14(1)(a).
(**Bylaw 4349, Feb. 26, 2007)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
15
II.
REGULATIONS
No Stopping Zones
16
No person being in charge, control or possession of a vehicle shall cause
or permit such vehicle to stop or remain standing in a "No Stopping"
zone when such zone is in effect, which shall be at all times unless
otherwise designated.
No Parking Zones
17
No person being in charge, control or possession of a vehicle shall cause
or permit such vehicle to remain standing in a "No Parking" zone for a
period in excess of two minutes when such zone is in effect, which shall
be at all times unless otherwise designated.
Limited Time Park-
ing
18
(1)
No person being in charge, control or possession of a vehicle
shall park such vehicle or permit same to remain parked in any
"Limited Time Parking" zone for a period in excess of the time
during which vehicles may be continuously parked within such
zone as indicated by signs placed in or near such zone pursuant
to this Bylaw.
(2)
Where a vehicle has been parked in a "Limited Time Parking"
Zone in violation of the provisions of this Section, a separate
offence shall be deemed to be committed at the expiry of each
further period of time during which the vehicle would have
been lawfully parked as indicated by signs placed in or near the
Zone.
(3)
For the purpose of this Section, a vehicle shall be deemed to
have been continuously parked
(a)
for as long as it remains within the block in which it
was originally parked; or
(b)
if moved out of the block in which it was originally
parked and returned within a period shorter than the
time limit established for the "Limited Time Parking"
zone.
Exemption Permit
(4)
(a)
Notwithstanding the provisions of Subsections (1), (2),
and (3), but subject to Subsection (5) and all other
relevant provisions of this Bylaw and the Motor
Vehicle Act, it shall be lawful for any person residing
in a dwelling abutting a "Limited Time Parking" zone,
and being the holder of a valid and subsisting permit in
the form described in Schedule "A" attached hereto,
from time to time to park a vehicle upon which such
permit is displayed in the manner provided in
Paragraph (b), and while such permit is so displayed,
to allow such vehicle to remain parked in that portion
of the street upon which the place of residence of such
person abuts and which is included within the area
bounded by the projection across such street of the
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
16
lateral boundaries of the lot or lots upon which the
place of residence of such person is situated.
(b)
Every such permit shall be conspicuously displayed on
the rear window driver's side in such a manner as to
allow the same to be readily observed and read by
persons outside the vehicle on which it is displayed.
(c)
Any person residing on premises as described above
and being the owner of a vehicle registered at such
premises may from time to time obtain a permit as
aforesaid upon making application to the Municipal
Clerk.
(**Bylaw 4501, adopted Mar 22, 2010)
(d)
The Municipal Clerk may establish procedures for the
efficient administration of permits issued under this
Subsection.
(**Bylaw 4501, adopted Mar 22, 2010)
(e)
Every such permit shall forthwith expire and cease to
be of any further force or effect upon the holder
ceasing to be a resident of the place therein described
as his place of residence.
(5)
It shall be lawful for any person being a guest in a dwelling as
aforesaid or engaged in transacting business with or performing
work for or rendering services to any person residing in or
being a guest as aforesaid, to park any vehicle and permit same
to remain parked on the portion of such street described in
Section 18(4)(a), provided, however,
(a)
that such person is actually present at the dwelling as a
guest or is actually engaged in transacting business or
performing work for or rendering a service to a person
residing at the dwelling at the time the vehicle is
parked; and
(b)
that such person has placed a note upon the dash of
said vehicle which identifies the dwelling in which the
person is either a guest or providing services with such
note to be displayed in such a manner as to allow the
same to be readily observed and read by persons
outside the vehicle on which it is displayed.
Exception
(6)
Notwithstanding anything contained in Subsections (4) and (5),
no person may be exempted from the requirements of
Subsections (1), (2), or (3) in respect of any "Limited Time
Parking" zone on the following portions of streets:
(a)
Oak Bay Avenue between Monterey Avenue and the
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
17
projection of the westernmost property line of 2154-78
Oak Bay Avenue;
(b)
Wilmot Place between Oak Bay Avenue and Theatre
Lane;
(c)
Hampshire Road between Oak Bay Avenue and
Theatre Lane;
(d)
Hampshire Road between Oak Bay Avenue and the
projection of the northernmost property line of 1423
Hampshire Road;
(e)
Monterey Avenue between Oak Bay Avenue and the
projection of the northernmost property line of Lot 19,
Section 23, Victoria District Plan 368B (1429
Monterey Avenue);
(f)
the west side of Monterey Avenue between Oak Bay
Avenue and Theatre Lane;
(g)
Estevan Avenue between Musgrave Street and
Dunlevy Street;
(h)
the east side of Musgrave Street in the area
demarcated by the curb indentation adjacent to 2510
Estevan Avenue; and
(i)
the north side of Granite Street in the area demarcated
by the curb indentation lying between the rear entrance
of the Oak Bay Municipal Hall on lands described as
Lots V & W, Sections 23 & 69, Victoria District, Plan
673 and the entrance to the municipal parking facility
on lands described as Lot B, Section 23, Victoria
District, Plan 42273.
(7)
Notwithstanding the restricted scope of the exemptions to the
regulations applicable to a "Limited Time Parking" zone as
set out in Subsections (4) and (5), for the following portions
of streets:
(a)
both sides of Dundrum Road;
(b)
both sides of Kendal Avenue between Henderson
Road and Cardiff Place; and
(c)
both sides of Avondale Road between Henderson
Road and Cardiff Place,
the said exemptions shall be interpreted and applied so as to
extend to residents, guests and persons transacting business
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
18
or rendering services on any residentially zoned parcel of
land fronting on either
(d)
the east side of Henderson Road north of the
boundary between 3273 Henderson Road and 3283
Henderson Road; or
(e)
the west side of Henderson Road north of Gibbs
Road,
but only during the times when the cycling lanes and the
associated parking prohibitions on Henderson Road north of
Gibbs Road are in effect.
(**Bylaw No. 4446, adopted January 12, 2009)
Resident Only Park-
ing Zones
19
(1)
Except as provided in Subsection (2), no person being in
charge, control or possession of a vehicle shall park such
vehicle or permit same to remain parked in any "Resident Only
Parking" zone when such zone is in effect, which shall be at all
times unless otherwise designated.
(2)
(a)
Notwithstanding the provisions of Subsection (1), but
subject to all other relevant provisions of this Bylaw
and the Motor Vehicle Act, it shall be lawful for any
person residing in a dwelling situate on any lot or lots
abutting a street or portion of a street designated as a
"Resident Only Parking" zone and being the holder of
a valid and subsisting permit in the form described in
Schedule "A" attached hereto, from time to time to
park a vehicle upon which such permit is displayed in
the manner provided in Paragraph (b), and while such
permit is so displayed, to allow such vehicle to remain
parked in that portion of the street upon which the
place of residence of such person abuts and which is
included within the area bounded by the projection
across such street of the lateral boundaries of the lot or
lots upon which the place of residence of such person
is situated.
(b)
Every such permit shall be conspicuously displayed on
the rear window driver's side in such a manner as to
allow the same to be readily observed and read by
persons outside the vehicle on which it is displayed.
(c)
Any person residing on premises as described above
and being the owner of a vehicle registered at such
premises may from time to time obtain a permit as
aforesaid upon making application to the Municipal
Clerk.
(**Bylaw 4501, adopted Mar 22, 2010)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
19
(d)
The Municipal Clerk may establish procedures for the
efficient administration of permits issued under this
Subsection.
(**Bylaw 4501, adopted Mar 22, 2010)
(e)
Every such permit shall forthwith expire and cease to
be of any further force or effect upon the holder
ceasing to be a resident of the place therein described
as his place of residence.
(3)
It shall be lawful for any person being a guest in a dwelling as
aforesaid or engaged in transacting business with or performing
work for or rendering services to any person residing in or
being a guest as aforesaid, to park any vehicle and permit same
to remain parked on the portion of such street described in
Section 19(2)(a), provided, however,
(a)
that such person is actually present at the dwelling as a
guest or is actually engaged in transacting business or
performing work for or rendering a service to a person
residing at the dwelling at the time the vehicle is
parked; and
(b)
that such person has placed a note upon the dash of
said vehicle which identifies the dwelling in which the
person is either a guest or providing services with such
note to be displayed in such a manner as to allow the
same to be readily observed and read by persons
outside the vehicle on which it is displayed.
(4)
Notwithstanding the restricted scope of the exemptions to the
regulations applicable to a "Resident Only Parking" zone as set
out in Subsections (2) and (3), for the following portion of a
street:
(a)
both sides of Frederick Norris Road between
Henderson Road and Cardiff Place,
the said exemptions shall be interpreted and applied so as to
extend to residents, guests and persons transacting business or
rendering services on any residentially zoned parcel of land
fronting on
(b)
either side of Henderson Road north of Avondale
Road,
but only during the times when the cycling lanes and the
associated parking prohibitions on Henderson Road north of
Gibbs Road are in effect.
(**Bylaw No. 4446, adopted January 12, 2009)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
20
Commercial
Vehicles
20
No person shall park or permit to remain parked on that portion of a
street adjacent to any land designated for residential use pursuant to the
Zoning Bylaw, or its successors, of the Corporation,
(1)
a commercial vehicle, at any time unless and except for as long
as it is required to be parked there for the purpose of enabling
its driver or user to perform a commercial service on such land;
(2)
a motor home;
(3)
A trailer; or
(4)
a bus which is not used as a public utility for the carriage of
passengers.
Commercial
Loading Zones
21
(1)
No person being in charge, control or possession of any vehicle
shall cause or permit such vehicle to stop or remain standing in
any "Loading Zone" during the hours of the day when such
loading zone is in effect, unless the vehicle displays a valid and
subsisting decal issued pursuant to Division 3 of Part 20 of the
Local Government Act, and
(a)
goods, wares or merchandise are actually being loaded
or unloaded therefrom; or
(b)
such person is actually performing a commercial
service at premises located within 15 metres of either
side of such loading zone.
(2)
Notwithstanding Paragraphs (1)(a) and (1)(b), no person shall
cause or permit such vehicle to stop or remain standing in any
"Loading Zone" during the hours mentioned in this Section for
a period exceeding 30 minutes.
Bus Zones
22
(1)
No person being in charge, control or possession of a vehicle
which is not a bus shall cause or permit such vehicle to stop or
remain standing in a "Bus" zone.
(2)
Notwithstanding the provisions of Subsection (1), it shall be
lawful for a motor vehicle used for the carriage of passengers
for the purpose of sightseeing tours to remain stopped or
standing for the purpose of loading or unloading passengers in
the "Bus" zone on the south side of Oak Bay Avenue adjacent
to the Oak Bay Municipal Hall property legally described as
Lots V and W, Sections 23 and 69, Victoria District, Plan 673.
(**Bylaw 4322, adopted Jun 26/06)
Angle Parking Zones
23
(1)
No person being in charge, control or possession of a vehicle
shall park such vehicle within an "Angle Parking" zone except
so that it shall stand within 30 centimetres of and at an angle
with the curb either as indicated by the lines, markings or other
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
21
signs placed for that purpose, or as set out in an order made
under this Bylaw, and at a distance of not less than 60
centimetres from any other vehicle.
(2)
No person being in charge, control or possession of a vehicle
having an overall length in excess of 6 metres shall park such
vehicle in an "Angle Parking" zone.
Passenger Zones
24
No person being in charge, control or possession of a vehicle shall cause
or permit such vehicle to stop or remain standing in a "Passenger" Zone
except for the purpose of loading or unloading passengers, and for a
time exceeding that set out in an order made under this Bylaw.
Electric Vehicle
Charging Zones
25
No person in charge, control or possession of any vehicle shall stop
the vehicle in an Electric Vehicle Charging Zone unless:
(i) the vehicle is an Electric Vehicle and the Electric Vehicle is being
actively charged;
(ii) the Electric Vehicle is stopped in the Electric Vehicle Charging Zone
for a period not exceeding any time restrictions posted for the zone
during the time they are in application; and
(iii) any fee prescribed by the Council for the use of the charging station
is paid.
(**Bylaw 4831, adopted Jan 9, 2023)
Car Share Co-op
Zones
26
No person in charge, control or possession of any vehicle shall stop the
vehicle in a Car Share Co-op Zone unless the vehicle is a car share co-
op vehicle.
(**Bylaw 4955, adopted April 27, 2026)
Boulevard Parking
27
No person being in charge, control or possession of a vehicle shall cause
or permit such vehicle to stop or remain standing on any boulevard
which is separated from the roadway by a sidewalk or curb.
Driveways
28
No person being in charge, control or possession of a vehicle shall cause
or permit such vehicle to stop or remain standing within one metre of
either side of a public or private driveway.
24 Hour Parking
29
Notwithstanding Sections 18(4), 18(5), 19(2) or 19(3), no person being
in charge, control or possession of a vehicle shall cause or permit such
vehicle to remain continuously parked on any street for a period in
excess of 24 hours.
(i) Notwithstanding the above, a vehicle displaying a valid disabled
permit is exempt from this regulation.
(**Bylaw 4955, adopted April 27, 2026)
Marked Spaces
30
Where spaces have been marked or lined in accordance with Section
14(2)(c), no person being in charge, control or possession of a vehicle
shall park such vehicle on the street or portion of the street so marked
unless such vehicle is wholly within the space demarcated by such lines
or marks.
(**Bylaw 4351, adopted Mar. 26, 2007)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
22
Handicapped Park-
ing/Disabled Zone
31
No person shall
(1)
(a)
stop, leave standing or park in a "Disabled" zone a
vehicle displaying a disabled permit unless the vehicle
is stopped, left standing or parked for the purpose of
transporting a disabled person; or
(b)
stop, leave standing or park in a "Disabled" zone a
vehicle that does not display
(i)
a disabled permit, or
(ii)
a permit of a similar nature issued by another
jurisdiction.
(2)
(a)
An application for a disabled permit shall be made by
or on behalf of a disabled person to the Disability
Resource Centre.
(b)
Council hereby designates the Disability Resource
Centre as responsible for issuing and cancelling
"disabled permits" pursuant to Division (38) of the
Regulations.
(c)
Council hereby designates the Disability Resource
Centre as responsible for determining all matters
pertaining to the issuance and cancellation of disabled
permits under Division (38) of the Regulations,
including without limitation the
(i)
criteria for establishing that a person qualifies
as a disabled person;
(ii)
Form of the application for a disabled permit;
(iii)
information required to be submitted on or
with the application for a disabled permit; and
(iv)
duration of a permanent, temporary or
substitute disabled permit.
Taxi Stands
32
No driver of a vehicle other than a taxi shall cause or permit the vehicle
to stop or remain standing within any area designated as a Taxi Stand.
Police Posts
32.1
No driver of a vehicle other than a marked Oak Bay Police Department
vehicle shall cause or permit the vehicle to stop or remain standing
within any area designated as a Police Post.
(**Bylaw No. 4531, adopted May 9, 2011)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
23
Miscellaneous
Prohibitions
33
Except when necessary to avoid conflict with traffic or to comply with
the law or the directions of a peace officer or traffic control device, no
person being in charge, control or possession of a vehicle shall stop,
stand or park such vehicle.
(1)
on a sidewalk;
(2)
in front of a public or private driveway;
(3)
in an intersection, except as permitted by a sign;
(4)
within 5 metres of a fire hydrant measured from a point in the
curb or edge or the roadway which is closest to the fire hydrant;
(5)
on a crosswalk;
(6)
within 6 metres of the approach side of a crosswalk;
(7)
within 6 metres of the approach to a flashing beacon, STOP sign
or traffic control signal located at the side of a roadway;
(8)
within 6 metres either side of the entrance to or exit from a
hotel, theatre, church, public meeting place, dance hall, fire hall
or playground;
(9)
on a highway for the principal purpose of
(a)
displaying a vehicle for sale;
(b)
advertising, greasing, painting, wrecking, storing or
repairing a vehicle, except where repairs are
necessitated by an emergency;
(c)
displaying signs; or
(d)
selling flowers, fruit, vegetables, sea foods or other
commodities or articles;
(10)
alongside or opposite a street excavation or obstruction when
stopping, standing or parking obstructs traffic;
(11)
on the roadway side of a vehicle stopped or parked at the edge
or curb of a roadway;
(12)
on a bridge or other elevated structure on a highway, except as
permitted by a traffic control device;
(13)
in a place in contravention of a traffic control device that gives
notice that stopping, standing or parking there is prohibited or
restricted; or
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
24
(14)
in a manner that obstructs the visibility of a standard traffic sign
erected by or with the authority of the Minister of
Transportation and Highways or a municipality;
(15)
on a roadway other than on the right side of the roadway and
with the right hand wheels parallel to that side;
(16)
on a cycling lane, subject to the terms of an order made pursuant
to Section 4(1)(h),
(**Bylaw No. 4429, adopted September 8, 2008)
Overnight
Parking Prohibition
Municipal Parking
Lot Police/Fire
Department
34
(1)
No person being in charge, control or possession of a vehicle,
other than an employee of the Corporation acting in the course
of his employment, shall, except for the purpose of conducting
business with the Police Department, the Fire Department, or
other emergency service department of the Corporation, park
such vehicle or allow the same to remain parked in the
municipal parking lot situate on the following described lands:
That part of Monterey Avenue between St. Ann Street and Lulie
Street;
Lots 1 and 2, Section 61, Victoria District, Plan 11899;
Lots 4 and 5, Block 5, Section 61, Victoria District, Plan 1029A,
at any time between the hours of twelve o'clock midnight and
six o'clock in the forenoon on any day, provided, however, that
this Section shall not detract from or abrogate any right
conferred by or under any agreement to which the Corporation
is a party in respect of the Scout and Girl Guide Halls situate on
the said Lots 1 and 2.
(2)
Subsection (1) notwithstanding, the Chief Constable may, in an
emergency situation, grant permission in writing for the parking
of a vehicle on the lands and during the time stated therein.
Overnight
Parking Prohibition
Municipal Parking
Lot -
Cadboro Bay Road
35
No person being in charge, control or possession of a vehicle shall park
such vehicle or allow the same to remain parked in the municipal parking
lot situate on the following described land:
Parcel 1 (DD 136140-I) of Parcel "A" (DD 77566-I) of Lots 9 and 10 of
Sections 28 and 61, Victoria District, Plan 69, the said Parcel 1 lying
wholly within the said Lot 10 and Section 28,
at any time between the hours of twelve o'clock midnight and six o'clock
in the forenoon on any day.
Parking Prohibition
in Parking Lot at
Oak Bay Recreation
35.1
No person being in charge, control or possession of a vehicle shall park
such vehicle or allow the same to be parked in a municipal parking lot
situate on any of the following described lands:
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
25
Centre
Lot 1, Sections 28 and 69, Victoria District, Plan 27193,
Lots 5 and 6, Sections 28 and 69, Victoria District, Plan 2376,
unless such person:
(**Bylaw 4343, adopted Jan. 22, 2007)
(1)
while the vehicle is so parked, is on the premises of the Oak Bay
Recreation Centre, 1975 Bee Street, for the purpose of
participating in or accompanying, picking up or dropping off a
participant in a program, event or meeting taking place at the
Recreation Centre, or for the purpose of performing a
commercial service for or transacting business with the Parks and
Recreation Department of the Corporation; or
(2)
(a)
is an employee of the Corporation; and
(b)
the time during which the vehicle is so parked does not
extend more than thirty (30) minutes beyond either end
of the period corresponding to the work shift of the
employee.
(**Bylaw 4232, adopted Jun 29, 2004)
Parking Prohibition
in Municipal Parking
Lot at Oak Bay
Municipal Hall
35.2
(1)
Between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday,
excluding holidays, no person being in charge, control or posses-
sion of a vehicle shall park such vehicle or allow the same to
remain parked in the Oak Bay Municipal Hall parking lot situate
on the following described land:
Lot W, Sections 23 and 69, Victoria District, Plan 673,
unless such person, while the vehicle is so parked, is transacting
business, performing a commercial service, attending a meeting,
making an inquiry, application, payment, delivery or pickup,
conducting research, or working as an employee, proprietor,
manager, contractor, consultant, councillor or volunteer, at the
Oak Bay Municipal Hall, 2167 Oak Bay Avenue.
(**Bylaw 4261, adopted Jan.24, 2005)
(2)
Subsection (1) notwithstanding, the Municipal Council may from
time to time, by resolution and on terms it considers advisable,
grant permission for the temporary occupancy of all or part of the
municipal parking lot described therein.
(**Bylaw 4261, adopted Jan.24, 2005)
(3)
Subject to Section 15(2), nothing in Subsection (1) shall exempt
any person from an order made pursuant to Section 14.
(**Bylaw 4261, adopted Jan.24, 2005)
Overnight Sleeping
in Vehicles
35.3
(1)
No person being in charge, control or possession of a
vehicle shall park such vehicle or allow the same to remain
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
26
parked in a street or municipal parking lot at any time
between the hours of 9:00 p.m. and 7:00 a.m. for the
purpose of sleeping in the vehicle, or to use the vehicle for
accommodation or as a residence.
(** Bylaw No. 4767, adopted Nov. 9, 2020)
(2)
No person shall use a vehicle while it is parked on a street
at any time between the hours of 9:00 p.m. and 7:00 a.m. for
the purpose of sleeping, accommodation or as a residence.
(** Bylaw No. 4767, adopted Nov. 9, 2020)
LOAD SECUREMENT
36
No person shall drive or operate a vehicle on any street while such vehicle
is carrying a load except where such load is secured in accordance with
Schedule "B" attached to and forming a part of this Bylaw.
MISCELLANEOUS
Street Signs
37
The Director of Engineering Services may affix or cause to be affixed upon
any street signs bearing the name of such street or an intersecting street, or
indicating the direction to any street or place, and no person shall injure,
deface or remove such signs or supports thereof.
(**Bylaw 4501, adopted Mar 22, 2010)
Benches, Etc.
38
The Director of Engineering Services may place or cause to be placed
benches, seats or bicycle racks on any sidewalk or boulevard.
(**Bylaw 4501, adopted Mar 22, 2010)
Conduct on Streets
39
(1)
No person shall, either directly or indirectly, hinder or interfere
with pedestrian or vehicular traffic on or obstruct the free use of
any street.
(2)
No person shall throw, catapult or sling any stone, snowball,
firework or other missile on any street.
(3)
No person shall light any fire on any street.
(4)
No person shall be upon a street for the principal purpose of selling,
offering for sale or renting any commodity or article, or for the
principal purpose of selling or offering for sale any service.
(5)
No person shall ride any roller-skates, skateboard, in-line skates or
similar apparatus on:
(a)
Christie Way; or any roadway, boulevard, sidewalk, curb
or other public place within ten (10) metres of any point on
Christie Way;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
27
(b)
any sidewalk, boulevard or curb abutting the roadway
portion of Oak Bay Avenue lying between Foul Bay Road
and Monterey Avenue;
(c)
any concrete path or walkway situate on the following
described lands (Turkey Head Walkway):
Block B, Section 23, Victoria District, Plan 368
Block C, Section 23, Victoria District, Plan 368
Block A, District Lot 144, Victoria District
District Lot 252, Victoria District; and
(d)
Barkley Terrace, Sylvan Lane, or Denison Road, including
in addition to the roadways, all boulevards, sidewalks and
curbs situate thereon.
(**Bylaw 4611, adopted Apr 14, 2014)
(6)
No person shall ride any skateboard or similar apparatus on:
(a)
that portion of Granite Street, including in addition to the
roadway all sidewalks, pathways, ramps, stairs, benches,
railings, boulevards, curbs and parking bays situate
thereon, lying between the projection of the west boundary
of Mitchell Street and the projection of the east boundary
of Victoria Avenue; and
(**Bylaw 4129, adopted Jun 25, 2001)
(b)
Granite Street outside of the block described in paragraph
(a), including in addition to the roadway all sidewalks,
pathways, ramps, stairs, benches, railings, boulevards, curbs
and parking bays situate thereon, except between the hours
of 7 o'clock in the morning and 10 o'clock in the evening.
(**Bylaw 4129, adopted Jun 25, 2001)
(7)
Where any person rides roller-skates, a skateboard, in-line skates
or similar apparatus in contravention of subsection (5), or a
skateboard in contravention of subsection (6), the roller-skates,
skateboard, in-line skates or apparatus shall be deemed to be
unlawfully occupying the street or other public place, and the
provisions of Section 44 shall apply to the removal, detention and
impoundment of the roller-skates, skateboard, in-line skates or
apparatus.
(**Bylaw 4129, adopted Jun 25, 2001)
Selling/Displaying on
Streets
39.1
Notwithstanding Section 39(1) and Section 39(4), a portion of a street
abutting land designated for a category of commercial use pursuant to the
Zoning Bylaw, 1986, may be occupied and used for the display and sale of
goods, refreshments, or both, where either:
(**Bylaw 4294, adopted Nov. 28, 2005)
(1)
(a)
The Director of Corporate Services or designate has
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
28
approved a licence of occupation of such portion to a
person for a defined period for a not-for-profit community
event which the Director of Corporate Services or
designate has determined to be for the benefit of the
Municipality at large, in respect of which such use is
ancillary, or for the purpose of an event of not more than
eight (8) consecutive hours in duration which the Director
of Corporate Services or designate has determined to be of
general benefit to the adjacent business district and which
creates no undue inconvenience for adjacent residents or
the public at large;
(**Bylaw 4687, adopted Apr. 10, 2017)
(b)
the person to whom the licence is granted has executed an
agreement indemnifying the Corporation against claims
arising out of the event, releasing the Corporation from
claims of its own arising out of the event, providing
evidence of comprehensive public liability insurance to a
limit of not less than Three Million Dollars ($3,000,000)
inclusive for each occurrence for bodily injury, death, and
damage to property including loss of use thereof, with the
Corporation named as an additional insured, agreeing to
pay all costs incurred by the Corporation in connection
with the occupancy, and agreeing to abide by any other
conditions of occupancy which may reasonably be required
by the Corporation in light of the nature of the street and
the scale and nature of the event; and
(**Bylaw 4501, adopted Mar 22, 2010)
(c)
the person to whom the licence is granted has prepared and
obtained the approval of the Chief Constable for a traffic
plan which safely accommodates diverted vehicular and
pedestrian traffic;
or
(2)
(3)
such occupancy and use is ancillary to a not-for-profit community
event under the auspices and control of the Corporation, which
Council has determined to be for the benefit of the Municipality at
large, and for which the Chief Constable has approved a traffic
plan which safely accommodates diverted vehicular and pedestrian
traffic.
(**Bylaw 4294, adopted Nov. 28, 2005)
The Director of Engineering Services or designate may, despite
sections 27, 39(1), 39(4), and 44(1), enter into an agreement with
a bike share operator to permit the operation of a bike share system
on roadways, streets, and public places within the Municipality on
such terms and conditions as the Director of Engineering Services
or designate deems appropriate in the circumstances including,
without limitation, conditions respecting the provision of
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
29
insurance, indemnification of the Municipality, the time, location
and manner of use of roadways, streets and public places for the
bike share system, the provision to the Municipality of aggregated
or anonymized data relating to the operation of the bike share
system, default, and termination.
(**Bylaw 4714, adopted November 13, 2018)
Parades, Etc.
40
No person shall cause, organize, promote, be a member of or take part in
any road event or public gathering of any kind or nature whatsoever through
or on a street or public place unless there has first been obtained a permit
therefor, issued pursuant to an order of the Director of Corporate Services
or designate, and without limiting the foregoing, in the case of a film
production, the Manager of Recreation Program Services, who, upon receipt
of an application, may
(**Bylaw 4261, adopted Jan. 24, 2005)
(**Bylaw 4605, adopted Jan 27, 2014)
(Bylaw 4687 adopted April 4, 2017)
(1)
authorize the issuance of a permit;
(2)
authorize the issuance of a permit subject to certain terms and
conditions; or
(3)
decline to authorize the issuance of a permit,
after giving consideration to the traffic control implications of the
application.
40.1
In the issuance of a permit under Section 40, the official so authorized may
grant to the applicant an exclusive right of temporary occupancy and may,
after consulting with the Chief Constable, suspend the effect of an order
issued pursuant to Section 14 for the duration of the road event if required
for the safe and efficient conduct of the event.
(**Bylaw 4261, adopted Jan. 24, 2005)
40.2
Notwithstanding Section 40, where an application for a permit for a road
event or other public gathering contemplates the closure of a street to traffic
other than on an intermittent basis, a permit may only be issued pursuant to
a resolution of the Municipal Council.
(**Bylaw 4261, adopted Jan. 24, 2005)
40.3
Section 40.2 does not apply to an application for a permit for a block party.
(**Bylaw 4605, adopted Jan. 27, 2014)
Horns
41
(1)
No person being in charge or control of a vehicle equipped with a
horn shall sound such horn or suffer or permit the same to be
sounded in or on a street except as required by or under the Motor
Vehicle Act or for the purpose of giving reasonable warning of
some hazard or danger to a person or persons using or about to use
a street.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
30
(2)
Subsection (1) shall not apply to a person in charge or control of an
emergency vehicle.
Street Occupancy
Permit
42
(1)
(a)
Any person desiring to occupy any street or portion
thereof in connection with or incidental to the
construction, alteration, repair, maintenance, demolition,
painting or cleaning of any building or other structure
shall make application to the Director of Engineering
Services for a Street Occupancy Permit.
(**Bylaw 4501, adopted Mar 22, 2010)
(b)
Such person shall deposit with the Director of Engineering
Services a certificate of an insurance company certifying
that he is the holder of a comprehensive public liability
insurance policy covering all legal liability with respect to
the occupancy of such street, to a limit of not less than
Three Million Dollars ($3,000,000) inclusive for each
occurrence for bodily injury, death, and damage to
property including loss of use thereof, with the
Corporation named as an additional insured.
(**Bylaw 4351, adopted Mar. 26, 2007)
(**Bylaw 4501, adopted Mar 22, 2010)
(c)
Every applicant for a street occupancy permit shall
deposit with the Collector the sum of Five Hundred
Dollars ($500.00) to secure payment for injury to,
destruction, defacement or disturbance of municipal
property, installations, streets and accesses that occurs as
a result of street occupancy.
(d)
The Corporation may apply the deposit towards making
good injury, destruction, defacement or disturbance
secured under Paragraph (c), and return the balance, if
any, to the depositor when the danger of further injury,
destruction, defacement or disturbance is past.
(e)
Nothing in Paragraphs (c) or (d) shall prevent the
Corporation from recovering for injury, destruction,
defacement or disturbance in excess of any deposit.
(2)
A street occupancy permit will be issued by the Director of
Engineering Services subject to the following conditions:
(**Bylaw 4501, adopted Mar 22, 2010)
(a)
that construction work will take place within 6 metres of a
street line;
(b)
that the width of the area of the street to be occupied by
the owner or contractor shall not exceed the distance
between the curb or edge of the paved portion of the street
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
31
and the street line, plus 3 metres from the curb or
pavement edge towards the centre of the street;
(c)
that all materials, structures, and objects occupying the
street shall be properly marked with flashing amber lights
and appropriate signage as determined by the Director of
Engineering Services, in a manner which shall be visible
from all directions of approaching traffic;
(**Bylaw 4501, adopted Mar 22, 2010)
(d)
that all materials and structures on the street shall be
removed within 5 days of completion of construction
within 6 metres of the street line.
(3)
No person shall occupy any street or portion thereof without first
having obtained a permit from the Director of Engineering
Services. Such permit shall extend only to the actual construction,
alteration, repair, painting, cleaning, maintenance or demolition of
a building or structure, and no person shall occupy any street or
portion thereof with articles or things not intended for immediate
use in connection with the activity for which the permit has been
issued. Such permit shall be in the form set out and attached as
Schedule "C" to this Bylaw.
(**Bylaw 4501, adopted Mar 22, 2010)
(4)
No person shall occupy any portion of a street beyond the
aforementioned 3 metre limit, provided, however, that the Council
may authorize the Director of Engineering Services to issue a
permit for the occupancy of a greater area, subject to such terms
and conditions as it may deem fit and proper under the
circumstances.
(**Bylaw 4501, adopted Mar 22, 2010)
Fee
(5)
Every holder of a street occupancy permit shall pay to the
Collector the sum of Two Dollars ($2.00) per 10 square metres of
occupancy per day.
(6)
Every holder of a street occupancy permit shall fence the occupied
area and any excavation, and where pedestrian traffic is diverted
onto the roadway, shall provide and maintain a protected
illuminated sidewalk of a design and construction acceptable to the
Director of Engineering Services.
(**Bylaw 4501, adopted Mar 22, 2010)
(7)
Any person who
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
32
(a)
erects on any street a pole for supporting electric power
wires or telecommunication wires;
(b)
removes such a pole from any street;
(c)
cuts down or removes a part of a tree that could fall upon
any street in the course of such cutting down or removal;
or
(d)
lifts any object over any street by derrick, crane or any
similar device;
shall first notify the Director of Engineering Services of the time
and place where such activity will be carried out, and during same
shall maintain on such street at least 15 metres on either side of
such activity appropriate warning signs or barriers including
flashing amber lights.
(**Bylaw 4501, adopted Mar 22, 2010)
(8) Where the occupancy of any street, the delivery of materials, or the
use of machinery reduces vehicular traffic to "one-way", or when
required by the Chief Constable, the person occupying the street,
delivering materials or using machinery shall provide a competent
flagman to regulate such traffic.
Sidewalk and Parking
Stall Patios 42.1 (1)
Definitions
For the purposes of this section 42.1, the following words have the
following meanings:
"ANNUAL PATIO LICENCE" means a licence that is issued for
the term between January 1 and December 31 of each calendar year;
"APPLICANT" means an applicant for a Patio Licence or Patio
Licence renewal, as context requires;
"DESIGN
REQUIREMENTS"
means the requirements
contained in section 42.1(12) of this Bylaw;
"FOOD AND BEVERAGE BUSINESS" means a restaurant,
café, bar, or public house, or a combination of any of these;
"LICENCE HOLDER" means a person who has been granted a
Patio Licence under this bylaw;
"LIQUOR LICENCE" means a licence issued under the Liquor
Control and Licensing Act SCB 2015 c 19, as amended from time
to time;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
33
"PATIO" means sidewalk café, sidewalk patio, and parking stall
patio;
"PATIO AREA" means that portion of the street or sidewalk that
is designated by a licence for patio use;
"PATIO LICENCE" means a licence of occupation under this
bylaw for a patio use;
"PATIO LICENCE FEES" means the fees related to Patio Licences
at outlined in Fees Bylaw 4845;
"PARKING STALL PATIO" means semi-permanent structures,
furniture or objects constructed or placed in a parking space in the
street as an extension of a food vending establishment;
"ROADSIDE" means that portion of roadway which abuts a
sidewalk or a property line, and which is designated as a parking
space;
"SEASONAL PATIO LICENCE" means a licence that is issued
for the term between April 1 and October 31 in a year;
"SIDEWALK CAFÉ" means an area of a sidewalk wherein
objects, which may consist of tables, chairs, screens, umbrellas
and portable planters, are placed for seating and serving customers
as an extension of an adjacent food vending establishment,
where the Licence Holder does not have a liquor licence for the
sidewalk café;
"SIDEWALK PATIO" means a group of semi-permanent
structures, furniture or objects constructed or placed on a
sidewalk for the queuing, seating and serving of customers as an
extension of a food vending establishment, and has a liquor licence;
(**Bylaw 4841, adopted July 24, 2023)
Licensing
(2)
(a) No person shall construct or operate a Patio within the
Municipality without having first obtained a Patio Licence.
(b) An owner in possession, or an occupant of property,
abutting a sidewalk may establish, operate, and maintain
a patio on a designated portion of the sidewalk or parking
stall if:
i. that owner or occupant is using the property abutting
the sidewalk or parking stall for a commercial
purpose by operating a food and beverage business;
ii. that owner or occupant obtains a patio licence under
this bylaw.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
34
(c) An applicant shall fill out the application form prescribed
by the Director of Engineering Services for that purpose,
and as part of the application shall provide drawings,
plans and details of the proposed patio which shall show:
i.
the area of the sidewalk or parking stall(s) to be
occupied;
ii.
the seating plan and table layout;
iii. the location of any proposed heaters;
iv. the location and type of any proposed railings and
barriers;
v.
the location and type of any proposed aesthetic
features such as planter boxes;
vi. the location of any elements that may affect
accessibility;
vii. sufficient
information
for
the
Director
of
Engineering to determine whether the application
complies with the design requirements ; and
viii. the location of any objects which shall be placed
within the Patio Area.
(d)
The Director of Engineering Services may prescribe
different application forms for different types of patios
and licences, and may impose reasonable terms and
conditions on the granting or renewal of a licence.
(e) Without limiting any other requirements to obtain a
patio licence, an applicant must, at the time of
application for the patio licence, provide to the
Corporation proof of a commercial general liability
insurance policy over the patio in the minimum
amount of $5 million per occurrence, which must list
the Corporation as an additional insured, and contain:
i.
a cross liability clause and a waiver of
subrogation clause in favour of the Corporation;
and
ii.
a clause requiring the insurer not to cancel or
change the insurance without first giving the
Corporation a 30 days' prior written notice
thereof.
(f)
If the application involves an extension of the proposed
patio area past the business frontage of the food and
beverage business, the application must be approved
by Council in relation to the extension, who may take
the following into consideration in determining
whether to grant the approval:
a.
whether the application has provided letters of
support
from
owners
and
occupants
of
neighbouring properties;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
35
b.
whether the patio would create unreasonable
impediments to foot traffic;
c.
whether the patio would unreasonably affect the
availability of street parking;
d.
whether the patio would adversely affect any
businesses behind the increased frontage; and
e.
whether the increased frontage would affect
access to the District's utilities. .
(g) Any person in charge or control of the food and
beverage business that has been granted a patio licence
under this Bylaw shall at all times keep the patio licence
prominently displayed in a publicly accessible area of
the food and beverage business.
(h) An application for a sidewalk cafe shall not be granted
if the applicant has or is proposing to obtain a liquor
licence for the patio.
(i)
An application may be for an annual licence or a
seasonal licence.
(j) No patio licence fees paid hereunder shall be
refundable.
(**Bylaw 4841, adopted July 24, 2023)
Grant of Licence
(3)
(a) The Director of Engineering Services may grant a patio
licence where satisfied that:
i.
the applicant has paid the Patio Licence Fee;
ii.
the applicant has fully completed the application
form and provided all information required;
iii. the applicant holds a valid business licence for a
food and beverage business on the premises adjacent
to the proposed patio;
iv. the applicant has obtained all additional applicable
federal, provincial and municipal permits or licences
required for the food and beverage premises and the
patio; and
v.
the Patio will:
1.
be accessible to persons with disabilities;
2.
be consistent with any applicable accessibility
standards established under the Accessible
British Columbia Act, S.B.C. 2021 c. 19;
3.
not unreasonably obstruct or interfere with
vehicle, bicycle or pedestrian traffic or safety;
4.
not unreasonably obstruct or interfere with the
ability of the Corporation or any permitted
third-party utility company to construct, install,
repair or maintain a municipal work, service,
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
36
utility or other improvement;
5.
not unreasonably interfere with the public's use
and enjoyment of the sidewalk or adjoining
roadway;
6.
not unreasonably interrupt sightlines along the
sidewalk, roadside or roadway;
7.
in the case of a patio located in a roadside, not
result in insufficient parking or loading spaces
within 200 metres of the proposed patio;
8.
not present a risk of harm to the health or safety
of the public;
9.
not cause damage to the sidewalk, street or
roadside;
10. contain fixtures which can easily be removed;
11. not result in the removal or damage to a tree on
any property owned by the Corporation;
12. not contravene the provisions of this Bylaw or
another enactment; and
13. comply with the design requirements.
(b)
An annual licence granted under this Bylaw is valid
for a 1-year period to commence on January 1 and to
terminate on December 31 in each and every year,
unless earlier terminated in accordance with this
Bylaw.
(c)
A seasonal patio licence granted under this Bylaw is
valid from April 1st to October 31st of the yearthe
application or renewal was made, unless earlier
terminated in accordance with this Bylaw.
(d)
If the applicant does not pay the Licence Fee for a
renewal term by January 15, the licence will lapse.
(**Bylaw 4841, adopted July 24, 2023)
Patio Licence Amendment
(4)
(a) No changes shall be made to the patio without the
permission of the Director, in writing.
(b) For the purposes of this section, changes that require
permission include, but are not limited to:
i.
increased size of patio area;
ii.
increased seating;
iii. permanent change in table layout;
iv. addition of heaters ;
v.
changes to, or removal of, railings;
vi. permanent removal of aesthetic features such as
planter boxes; and
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
37
addition of, or changes to, elements such as server stations
that may affect accessibility.
(**Bylaw 4841, adopted July 24, 2023)
No Assignment of Patio
Licence Without Consent
(5)
(a) A licence holder must not assign or transfer the
permission for the use of the patio area as authorized in
the licence without the prior written consent of the
Director of Engineering Services.
(b) Where the Director of Engineering Services refuses to
consent to assignment or transfer under subsection (a), the
person who requested the assignment or transfer may
request consideration of the decision to Council, as per
section 42.1(9) of this Bylaw.
(c) For the purposes of this section, any of the following
circumstances are deemed to result in an assignment or
transfer of licence that requires the prior written consent:
i.
the licence holder assigns or transfers its Patio
licence to another person or business;
ii.
a sale of all or substantially all of the assets of the
licence holder;
iii. the licence holder merges with, amalgamates with, or
is acquired by another corporate entity; or
iv. there exists a plan of arrangement or any other
transaction that results in a significant change to the
operations of the licence holder.
(d) Nothing in this bylaw prohibits the sharing of a patio by
two or more food and beverage businesses, provided the
following conditions are met:
i. the licence holder is solely responsible for meeting
the conditions of this bylaw. Any contraventions
to this bylaw will be the responsibility of the
licence holder;
ii. the licence holder, and any business with whom the
licence holder agrees to share the patio, shall agree
to indemnify and save harmless the Corporation, its
elected
and
appointed
officials,
employees,
servants, contractors and agents from and against
any and all claims, causes of action, suits, damages,
losses (including pure economic loss) costs and
expenses that may arise from the sharing of the
patio; and
iii. the additional food and beverage businesses are
listed as additional insureds under the insurance
policy required under section 42.1(2)(e) of this
bylaw.
(**Bylaw 4841, adopted July 24, 2023)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
38
Maintenance
(6)
(a)
Every licence holder must, at all times and at its own
expense, keep and maintain the patio in a clean and
sanitary condition satisfactory to the Director of
Engineering Services, and must keep the public
property immediately surrounding or adjacent to the
patio free from rubbish and debris of any kind;
(b)
If the licence holder fails to comply with section
42.1(6)(a) above, the Director of Engineering Services
may cause one or both of the patio to be cleaned and
the debris and rubbish on the immediately
surrounding or adjacent public property to be
collected, and may charge the licence holder the
actual cost of such cleaning and collection.
(**Bylaw 4841, adopted July 24, 2023)
General Conditions
(7) (a) Every licence is subject to the following conditions:
i.
the licence holder assumes all risks, known
and unknown, in relation to the patio and the
portion of the street occupied by them and
agrees to release and forever discharge the
Corporation, its elected and appointed
officials, employees, servants, contractors
and agents from any and all claims, causes of
action, suits, costs and expenses
whatsoever, which it or its directors,
officers, employees or agents may now or at
any time have with respect to, related to, or
arising out of the existence or operation of
the patio;
ii. the licence holder agrees to indemnify and
save harmless the Corporation, its elected
and appointed officials, employees, servants,
contractors and agents from and against any
and all claims, causes of action, suits,
damages, losses (including pure economic
loss)
costs
and
expenses
which
the
Corporation,
its
elected
or
appointed
officials, employees, servants, contractors
and agents may suffer or sustain as a result
of, connected to or arising out of the grant of
this licence, cancellation or amendment of
this licence, or by any reason of or arising
out of failure of the licence holder to comply
with the terms and conditions of the licence
or this Bylaw;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
39
iii. the licence holder shall not serve or permit
the service of liquor on the patio unless the
licence holder disclosed in their application
an intent to serve liquor and the licence
holder has obtained a liquor licence that
applies to the patio;
iv. the licence holder shall permit Corporation
staff, contractors and all third-party utility
companies authorized by the Corporation to
enter
the
patio
for
the
purpose
of
constructing,
installing,
repairing
or
maintaining any municipal or third party
utility company work, service, utility or other
improvement, and where requested by the
Director of Engineering Services, the licence
holder shall remove the patio within 48
hours, or immediately in the event of an
emergency, to facilitate such access;
v. the licence holder shall not use the patio for
any purpose other than queuing, seating and
serving customers of the food and beverage
business;
vi. during the term of the licence, the licence
holder must maintain in force the insurance
required by Section 42.1(2)(e) of this Bylaw;
and
vii. during the term of the licence, the licence
holder must ensure that the patio complies
with the design requirements.
(b) None of the issuance of a licence, the
acceptance of plans and other supporting
documents submitted for a patio licence, or the
inspection of a premises or patio by the
Corporation shall relieve a licencee the
requirements of this section 42.1 of the Bylaw.
(**Bylaw 4841, adopted July 24, 2023)
Refusal or Cancellation
f Licence (8) The Director of Engineering may refuse to issue a patio
licence where the Director of Engineering is satisfied
in their reasonable discretion that:
i. the applicant has not met the conditions to
approve the application specified in this section
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
40
42.1; or
ii. the application contains false or misleading
information.
(a) The Director of Engineering may suspend any
patio licence, for such period which the Director
may determine, cancel, or refuse a licence, if:
i.
the patio does not strictly adhere to the
plans,
design,
or
other
information
provided
by
the
applicant
in
the
application;
ii.
the licence holder fails to comply with any
term or condition of the licence;
iii.
the licence holder has ceased to comply
with any Corporation bylaw or has
otherwise ceased to meet the lawful
requirements to operate the patio for
which the licence was issued;
iv.
the licence holder is convicted of any
offence under any Corporation bylaw or
other statute in respect of the food and
beverage business for which the licence
holder is licensed or with respect to the
patio;
v.
the Director determines that the continued
operation of the patio would present a risk
of harm to the health or safety of the
public or constitute a nuisance; or
vi.
the patio area is required for the
construction,
installation,
repair
or
maintenance of a municipal or third party
utility company work, service, utility or
other improvement.
(b) Before suspending, cancelling or refusing to
renew a licence, the Director of Engineering
must send written notice to the licence holder
at the address set out on the licence
application, and advise the licence holder with
an opportunity to make submissions regarding
the proposed suspension, cancellation or
refusal.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
41
(c) Where the Director suspends, cancels or refuses
to renew a licence, written notice of the
suspension, cancellation or refusal and the right
to reconsider the Director's decision to Council
under Section 42.(9) of this Bylaw must be sent
to the licence holder at the address set out on the
licence application.
(**Bylaw 4841, adopted July 24, 2023)
Reconsideration (9) (a) Any person whose application or licence has been
suspended, cancelled or refused by the Director of
Engineering under section 42.1(8) of this Bylaw
may request reconsideration of the decision to
Council within 30 days of the date that written
notice of the decision is sent to the address set out
on the application form.
(b) A request for reconsideration under this section
must be made by submitting a written notice of
the request and a summary of the reasons for the
request to the Corporation, and upon receiving
such request, Corporation staff shall prepare a
report and place the request on the agenda of the
next regular Council meeting at which the matter
can conveniently be dealt with, and notify the
person of the time and place of such Council
meeting.
(c) The licence holder or their representative, may
appear before Council at the Council meeting and
present oral and written submissions to the
Council in support of the reconsideration.
(d) Upon hearing a request for reconsideration under
this Section, Council may confirm, set aside, or
modify the suspension, cancellation or refusal on
such terms as it may deem fit.
(**Bylaw 4841, adopted July 24, 2023)
Patio Removal (10) (a)
As a condition of any licence issued under this
section 42.1, a licence holder must ensure that
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
42
any structures, furniture and objects permitted in
the patio area, or otherwise placed in the patio
area, are affixed in a manner which allows them
to be completely removed, and the sidewalk or
roadside restored to its original state, with
minimal reasonable effort.
(b) The licence holder must cease occupation of the
patio area and at its own cost and expense,
remove all structures, furnishings, objects, and
personal property from the sidewalk or roadside
and restore the sidewalk or roadside:
i. in the case of an annual licence, within 30
calendar days of licence expiration, if the
licence is not renewed,
ii. in the case of a seasonal licence, within 30
calendar days of the expiration of the licence
term, whether or not the licence is renewed;
iii. immediately upon cancellation pursuant to
section 42.1(8); or
iv. unless the licence holder files a request for
reconsideration under section 9, within 30
days of the date of a notice in writing from
the Director of a Patio licence cancellation.
(c) For clarity, a licence holder must immediately
cease operation of a patio upon expiration,
suspension or cancellation of a patio licence.
(d) Where any licence holder neglects, refuses or
fails to give up possession of the sidewalk or
roadside, or remove the patio as required under
this Bylaw, or fails to do so within the time
specified, the Director of Engineering may cause
any fixtures, furnishings, objects or personal
property located in the patio area to be removed
and disposed of, and may cause the sidewalk to
be restored to a safe and proper condition, all at
the license holder's expense.
(**Bylaw 4841, adopted July 24, 2023)
Offences and Enforcement (11) (a) Notwithstanding sections 59 through 71 of this
Bylaw, a person who contravenes, violates or
fails to comply with any provision of this section
42.1, or who suffers or permits any act or thing
to be done in contravention or violation of this
section 42.1, or who fails to do anything
required by this section 42.1, commits an
offence and shall be liable, upon conviction, to a
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
43
fine of not more than $10,000.00 and not less
than $200.00, the cost of prosecution and any
other penalty or order imposed pursuant to the
Community Charter (British Columbia) or the
Offence Act (British Columbia), as amended
from time to time. Each day that an offence
against this section 42.1 continues or exists shall
be deemed to be a separate and distinct offence.
(b) The Director of Engineering Services and the
Corporation's bylaw enforcement officers are
hereby authorized to enter, at any reasonable
time, upon any premises in order to ascertain
whether the provisions of this section 42.1 are
being obeyed.
(**Bylaw 4841, adopted July 24, 2023)
Sidewalk Design Requirements (12) General Design (These sections apply to all patios)
(a)
The design of the patio must complement the form
and character of the associated business frontage
and surrounding area, to the satisfaction of the
Director of Engineering.
(b) Barriers must be designed to look attractive and
promote visibility through them to minimize the
impact of the structure on the streetscape, to the
satisfaction of the Director of Engineering.
(c)
Unless permitted otherwise by the Director of
Engineering, patios must include planter boxes or
other landscape features for further aesthetic
appeal.
(d) Patios shall be limited to the frontage of the food
and beverage business applying for or holding the
patio license, except as permitted under 41.1(2)(f)
of this Bylaw.
(e)
There must be sufficient clearance from street
furniture and utility structures (e.g., utility poles,
trees, municipal planters) to allow for safe function
and maintenance.
(f)
The patio must be designed such that it can be
removed within 48 hours of receiving notice from
the Corporation.
(g) Garbage cans are not permitted within the patio.
(h) Patios must not obstruct access to buildings,
including loading areas.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
44
(i)
No objects associated with the patio (e.g., tables,
chairs, umbrellas, planters) shall overhang beyond
the defined and approved boundary of the patio.
(j) No third-party signage is permitted within the patio
area, including on the patio barrier, on furniture or
umbrellas.
(k) Any lighting provided must be designed to
minimize light pollution on the surrounding area,
to the satisfaction of the Director of Engineering.
(l) No tents, roofs, or walls are permitted. Awnings
or other coverings may be subject to development
permit and building permit requirements where
12 applicable.
(m) Requirements for Heating Systems (if applicable):
i. Heaters must not be placed within the dripline
and/or closer than 2.0m from any part of adjacent
street trees.
ii. The visual impact of heating systems must be
arranged to be as unobtrusive as possible, in the
opinion of the Director of Engineering
iii. All outdoor heating systems must be appropriate
for use in a sidewalk café and complement the
character of the business to which it is associated,
to the satisfaction of the Director of Engineering.
iv. All outdoor heating systems must conform to
safety standards established by the Canadian
Standards Association (CSA) and certified by
Underwriters' Laboratories of Canada (ULC).
Walkway
Interface
and
Accessibility
(This
section applies to all patios)
(n) Patios must comply with any applicable accessibility
standards established under the Accessible British
Columbia Act, S.B.C. 2021 c. 19.
(o) Pedestrian passageways on the sidewalk outside of
the patio must be at least 2.0 m wide and must be
located on the sidewalk, unless otherwise permitted
by the Director of Engineering. The passageway
must not include areas that are composed of grass,
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
45
soil, tree grates, etc. and must remain as straight as
possible for ease of accessible navigation, all to the
satisfaction of the Director of Engineering.
(p) The patio must be a level surface throughout and
must either be flush with the sidewalk or
provide a ramp that is suitable for all
wheelchairs. The ramp must be maintained by
the business.
(q) The patio must provide at least one table with
accessible seating options.
(r) The 2.0m wide passageway for the sidewalk
outside the patio must be clear of street furniture
13 such as streetlights, garbage cans, benches,
bus shelters, etc. No free-standing obstructions
(such as sandwich board signs, plinths, etc.) can
be in the pedestrian passageway.
(s) There must be an accessible aisle of 1.1m within
the patio (where aisles are included).
Sidewalk Cafés Additional Requirements
(t) A sidewalk café need not be enclosed, but the
license holder must demonstrate how they will
minimize impacts on wayfinding and safe access
for visually impaired people and people who use
mobility devices, and must comply with any
such approved methods.
(u) The licence holder must ensure that patio
furnishings do not move out of the defined patio
area.
(v) There must be a minimum clearance of 1.0 m
from the nearest curb to separate the patio from
parked vehicles and traffic unless the sidewalk
patio has permission to occupy the adjacent
street parking stall.
Sidewalk Patios Additional Requirements
(w) Patios must be enclosed and delineated by a
barrier such as a railing, rope and stanchions,
planters, or other free-standing method. Patio
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
46
enclosures must be designed so that the
boundary (fence, railing, planter box, etc.) is
detectable by a long cane.
(x) There must be a minimum clearance of 1.0m
from the nearest curb to separate the patio from
parked vehicles and traffic unless the sidewalk
patio has permission to occupy the adjacent
street parking stall.
Parking Stall Patios Additional Requirements
(y) If a deck surface is proposed, it must be designed
to accommodate a minimum of 100 pounds per
square foot (as per the National Association of City
14 Transportation Officials' Urban Street Design
Guide for Parklets, as amended from time to time).
(z)
There must be a 1.0m separation between the
outer edge of the patio and the adjacent travel
lane. The Director of Engineering may require a
distance greater than 1.0m in high traffic areas to
ensure public safety.
(aa) A wheel stop is required 1.2m from the patio on
either side, as well as a vertical visibility bollards
as per the National Association of City
Transportation Officials' Urban Street Design
Guide for Parklets, as amended or replaced from
time to time.
(bb) Only permanent regular / non-designated parking
spaces may be utilized for parking stall patios
and no patio is to occupy a lane used by moving
traffic.
(cc) Adequate space to allow access to vehicles in
adjacent parking stalls must be maintained, to the
satisfaction of the Director of Engineering.
(dd) A parking stall patio may only be permitted in
parking stalls that have a generally flat / level
surface / grade.
(ee) The parking stall patio must have clearly
demarcated entry and exit points from the
sidewalk level to the parking stall level to
provide safe transition between the two levels.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
47
(ff)
The patio licence holder must ensure that patrons
queueing for a table at the business are not
obstructing the pedestrian passageway on the
sidewalk.
(gg) The barrier surrounding a parking stall patio must
be between 0.8 and 0.9 m in height on all sides
that are adjacent to street. Railings that are
adjacent to the street are to include reflectors for
visibility to traffic. The barrier should be capable
of withstanding at least 200 pounds of horizontal
force, as per the National Association of City
Transportation Officials' Urban Street Design 15
Guide for Parklets, as amended or replaced from
time to time.
(**Bylaw 4841, adopted July 24, 2023)
Unauthorized
Construction
43
(1)
Except as otherwise allowed by this Bylaw or other enactment, no
person other than an employee, contractor or agent of the
Corporation acting in the course of his employment or contractual
obligations, as the case may be, shall cause or permit any structure,
object or thing to be built, constructed, placed or maintained in, on
or under any street unless the person is the owner of the adjoining
land and has received permission by way of an encroachment
agreement, licence of occupation, or easement, whichever may be
required by Council pursuant to its authority under Section 36(11)
of the Community Charter, S.B.C. 2003, c. 26.
(2)
No owner of land adjoining the portion of a street in, on or under
which a structure, object or thing has been permitted to be built,
constructed, placed or maintained pursuant to an encroachment
agreement, licence of occupation, or easement shall construct,
place or maintain such structure, object or thing except in
accordance with the terms and conditions of the encroachment
agreement, licence of occupation, or easement, as the case may be.
(3)
For the boulevard adjoining the land owned by him, a person
seeking the permission referred to in Section 43(1) shall include
the following in an application to the Corporation:
(a)
a nonrefundable application fee in the amount of $100.00;
(b)
a letter explaining the rationale for the proposed works;
(c)
a dimensioned site plan to scale not less than 1:500,
showing:
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
48
(i)
the location of all underground pipes, conduits,
utility poles, irrigation heads, meters, manholes,
utility covers and any other infrastructure in,
under, over or upon the boulevard within a
horizontal distance of 2 metres from every part
of the proposed works;
(ii)
the location of the property line defining the
boundary between the land and the boulevard;
(iii)
the location of any roadway, curb or public
sidewalk adjacent to the boulevard;
(iv)
the location of any driveway crossing the
boulevard;
(v)
location of existing boulevard trees;
(vi)
any areas of existing vegetation other than grass
on the boulevard;
(vii)
the proposed location of a testable backflow
prevention device if the proposed works include
an irrigation system; and
(viii) the location and horizontal dimensions of the
proposed works; and
(d)
dimensioned elevation plans for any proposed works
projecting above the surface of the boulevard.
(4)
No permission shall be granted pursuant to subsection (1) if the
effect would be to create a conflict with any provision of the
Driveway Access Bylaw, 1987, as amended from time to time, or a
successor thereto.
(**Bylaw 4501, adopted Mar 22, 2010)
Objects on Streets
44
(1)
Without restricting the generality of Section 43, no person shall
abandon, place, deposit or leave upon, above or in any street or
other public place any chattel, obstruction, or other thing which is
or is likely to be a nuisance, and no person being the owner or
person entitled to the possession or control of any such chattel,
obstruction or thing shall permit or suffer the same to remain upon
or in such street or other public place.
(2)
The Chief Constable or Director of Engineering Services may
remove, detain and impound, or cause the removal, detention or
impoundment of, any chattel, obstruction, or other thing occupying
a street or other public place in contravention of Subsection (1).
(**Bylaw 4501, adopted Mar 22, 2010)
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
49
(3)
After removal, detention or impoundment, the person entitled to
the possession of the chattel, obstruction, or thing may obtain its
release upon signing an undertaking that the person will not again
place it on, above or in any street or other public place in
contravention of this section and upon payment to the Corporation
of the fees, costs and expenses listed in Subsection (4).
(4)
For each removal, detention and impoundment, the person entitled
to possession of the chattel, obstruction or thing shall pay to the
Corporation:
(a)
a removal and detention fee as follows:
WEIGHT OR
TYPE OF OBJECT
DETENTION OR
REMOVAL FEE
Up to 10 kilograms
$10.00
Over 10 kilograms up to 65 kilo-
grams
$25.00
Over 65 kilograms
$40.00
For any roller-skates, skateboard,
in-line skates or similar apparatus
$25.00
(b)
an impoundment fee as follows:
WEIGHT OR
TYPE OF OBJECT
IMPOUNDMENT FEE
Up to 10 kilograms
$2.00 per day, including the
first day
Over 10 kilograms up to
65 kilograms
$5.00 per day, including the
first day
Over 65 kilograms
$7.00 per day, including the
first day
For any roller-skates,
skateboard, in-line skates
or similar apparatus
$2.00 per day, including the
first day
(5)
If the person entitled to the possession of any detained object does
not, within 14 days of its detention, including the date of detention,
sign the undertaking and pay the fees, costs and expenses as
specified in Subsection (4), and it appears to the Chief Constable or
Director of Engineering Services that the object detained has a
market value, the Chief Constable or Director of Engineering
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
50
Services may immediately thereafter cause it to be sold by public
auction to the highest bidder, but may otherwise cause it to be
disposed of as garbage.
(**Bylaw 4501, adopted Mar 22, 2010)
(6)
From the proceeds of any auction sale held pursuant to this section,
the Collector shall
(a)
firstly, deduct the costs of the auction;
(b)
secondly, deduct the fees payable to the Corporation
pursuant to Subsection (4);
(c)
thirdly, pay the surplus, if any, to the person entitled if that
person's identity and whereabouts are known.
(7)
If the identity or whereabouts of the person entitled to the surplus is
not known, the Collector shall:
(a)
hold any surplus for one year from the date of the auction;
and
(b)
if any surplus is not claimed within that period, shall pay the
amount into the general revenue of the Corporation and it
shall be forfeited to the Corporation.
(8)
No action taken pursuant to any of the preceding Subsections shall
be a bar to the prosecution of any person who contravenes any
provision of this section or of any other section of this Bylaw.
(9)
Without restricting the generality of Section 43, no person shall
permit a vehicle to be abandoned, left upon or to be unlawfully
occupying any street or other public place, and no person being the
owner or person entitled to the possession or control of any such
vehicle shall permit or suffer the same to unlawfully remain upon or
in such street or other public place.
(10)
The Chief Constable or Director of Engineering Services may:
(**Bylaw 4501, adopted Mar 22, 2010)
(a)
remove or cause to be removed any vehicle occupying a
street or other public place in contravention of Subsection
(9) or the Motor Vehicle Act, and
(b)
cause the vehicle to be detained or impounded until the
owner of the vehicle pays to the Corporation all the fees,
costs and expenses of removal, detention and impoundment,
including charges for storage.
(11)
Where any fees, costs and expenses incurred by the Corporation are
not paid immediately, the Collector may proceed in accordance with
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
51
the provisions of the Warehouse Lien Act for the sale of the vehicle
as if the Corporation were the warehouseman.
Material Upon
Streets
45
No person
(1)
shall cause, suffer or permit loose material to be deposited or
accumulate or remain upon any street or public place;
(2)
being the owner or occupier of any property abutting on or near to
any street, shall cause or permit any flow of liquid from such
property on or over such street;
(3)
shall transport along any street any sawdust, ashes, debris, refuse
or other material that is liable to be blown or scattered, unless the
same is securely covered so as to prevent it from being so blown or
scattered;
(4)
shall deposit or suffer or allow to be deposited broken glass or
other material or thing dangerous to traffic on any street or public
place;
(5)
being in charge, control or possession of a vehicle shall cause,
suffer or permit any clay, mud, dirt, concrete or cement to be
deposited by such vehicle on any street, and if clay, mud, dirt,
concrete or cement is so deposited shall take immediate steps to
remove the same at his expense;
(6)
being the occupier, and in case there is no occupier, being the
owner or lessee, of land and premises abutting any sidewalk shall
permit any accumulation of snow, ice, dirt, litter or rubbish to be or
remain upon such sidewalk;
(7)
shall pile, place, or cause to be piled or placed, leaves, tree
branches, yard trimmings or other garden waste on the roadway
portion of any street; and
(**Bylaw 4343, adopted Jan. 22, 2007)
(8)
shall pile, place, or cause to be piled or placed, leaves, tree
branches, yard trimmings or other garden waste on a sidewalk or
boulevard, except, only on the portion of the adjacent boulevard
bounded by the projection of the lateral boundaries of the lot from
which such material is generated and in respect of which lot the
person is either a resident or an owner, during the five (5) day
(Monday to Friday) period in March of each year when the
Corporation provides a garden waste collection service as more
particularly specified in a notice published or otherwise
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
52
disseminated in advance by the Corporation, including also the ten
(10) day period immediately preceding the commencement thereof,
and in compliance with all rules and conditions of service set out in
such notice.
(**Bylaw 4343, adopted Jan. 22, 2007)
45.1
Notwithstanding Section 45(8), a person may pile, place, or cause to be
piled or placed, leaves on the portion of the adjacent boulevard bounded by
the projection of the lateral boundaries of the lot from which such material
is generated and in respect of which lot the person is either a resident or an
owner, between October 1 and December 15, both inclusive, in each year.
(**Bylaw 4343, adopted Jan.22, 2007)
Deposit of Harmful
Material
46
No person shall deposit or suffer or cause to be deposited decayed
vegetables, carrion or other organic waste or other refuse, matter or thing
injurious to public health; or any straw, shells, glass, crockery, cans, tin
ware, chips, dung, filth or fruit peel of any kind; or paper of any kind or
other matter or things dangerous to traffic; or other rubbish of any kind
upon any street or public place.
47
Subject to the provisions of this Bylaw, no person shall pile or place or
cause to be piled or placed on any street any lumber, firewood, bricks,
blocks, rocks, stone, debris or other material or do any other act which will
cause injury to the street.
48
(1)
No person shall saw, cut or split lumber, wood, cordwood or
firewood or store fuel upon any street or sidewalk within the
Municipality.
(2)
Neither the purchaser, nor the vendor, nor any person employed for
the delivering of firewood, sawdust, coal or other material, shall
allow the same to remain deposited upon any street in the
Municipality for a time longer than sufficient to enable the same to
be delivered to the owner or occupier upon the premises for which
it is intended and in no case longer than 24 hours, nor permit it to
remain on such street after dusk without being properly marked by
a red light. No person shall deposit firewood, sawdust or coal
upon any street in the Municipality so as to cause obstruction to the
ordinary traffic in such street. No person shall permit to remain
upon any sidewalk or street in the Municipality any debris or
pieces of dust or coal, or any chips of wood or other dust or
rubbish caused by the deposit of coal or wood. The owner or
occupier of every building or parcel of land fronting on any street
within the Municipality, in front of whose premises coal or wood
shall have been deposited for delivery and the vendor of coal or
wood, or person employed by him to deliver the same shall,
immediately after such delivery, cleanse or cause to be cleansed,
the sidewalk and street and remove or cause to be removed
therefrom, all chips, bark, coal, dust, debris and other rubbish
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
53
caused by such deposit.
Engines, Machines
(3)
In no case shall any engine or machine for sawing wood be
allowed to remain upon any of the streets of the Municipality.
(**Bylaw 4501, adopted Mar 22, 2010)
Disfiguring of Streets,
Etc.
49
No person shall disfigure or cause to be disfigured, any sidewalk or street.
Without affecting the generality of or limiting the meaning of the term
"disfigure" as used in this section, any person, save an employee of the
Corporation acting in the course of his employment, who paints, draws,
writes or otherwise marks upon any sidewalk or street any figure, number,
letter, caricature, picture or other marking or who places on or affixes to
any sidewalk or street any written or painted notice, sign or advertisement,
picture or paper shall be deemed to disfigure the street or sidewalk.
Removal of Earth,
Etc.
50
No person shall remove any earth, rock, boulders, gravel, sand or turf from
any street, park or lot belonging to the Corporation without first having
obtained a permit in writing from the Director of Engineering Services,
upon such terms, conditions and regulations as shall be specified in such
permit.
(**Bylaw 4501, adopted Mar 22, 2010)
Interference with
Surface of Streets,
Etc.
51
(1)
No person shall break, tear up, or remove any planking, pavement,
sidewalk, curbing macadamizing, or other street surface, or make
any excavation in or under any street, without having first obtained
permission in writing from the Director of Engineering Services,
and in case any such permission is granted, the work so permitted
shall be done only under the direction of the Director of
Engineering Services, and the person to whom such permission is
granted shall, within a time to be stated in such permission,
complete the work and replace, relay, and make good whatever he
may have broken, torn up, removed or excavated under such
permission.
(**Bylaw 4501, adopted Mar 22, 2010)
(2)
A person obtaining permission under Subsection (1) shall during
the continuance of the work or obstruction keep and maintain all
fences and lights, and take such further precautions as may be
necessary to prevent accident to persons or property as may be
required by the Director of Engineering Services or the most recent
edition of the Ministry of Transportation and Highway's Traffic
Control Manual for Work on Roadways, and shall be responsible
for all damage or loss arising from accidents that may occur to any
person or property by reason of such work or obstruction.
(**Bylaw 4501, adopted Mar 22, 2010)
Vehicles on Sidewalk
52
No person shall ride, drive or lead any animal or move, drive or propel any
vehicle over, upon or across any curb, boulevard or sidewalk except within
that portion thereof which is a sidewalk crossing constructed pursuant to
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
54
the Driveway Access Bylaw of the Corporation.
Sidewalk Crossings
53
Every sidewalk crossing shall be kept in good repair by the owner of the
property abutting thereon.
Boulevards
54
(1)
The Council may direct that trees, saplings, shrubs, foliage or grass
be planted on any street, or that boulevards be constructed on any
street.
(2)
Except as set out in an encroachment agreement or off-site
servicing agreement with the Corporation with respect to:
(Bylaw 4687 adopted April 4, 2017)
(a)
a development which is the subject of a permit or other
approval issued at the Council level; or
(b)
a subdivision approved by the Subdivision Approving
Officer for the Corporation,
and subject to Sections 43, 54.1 and 54.2, no person other than an
employee, contractor or agent of the Corporation acting in the
course of his employment or contractual obligations, as the case
may be, shall plant any tree, sapling, shrub or foliage of any kind,
or construct any rockery, or pile any dirt, gravel or similar
material, on any street.
(**Bylaw 4501, adopted Mar 22, 2010)
(3)
No person except the agents, servants or employees of the
Corporation acting in the course of their employment shall dig up,
remove, injure or destroy any flower, foliage, flowering plant,
foliage plant, grass or shrubbery on any street.
(4)
No person other than an employee, contractor or agent of the
Corporation acting in the course of his employment or contractual
obligations, as the case may be, shall cause or permit any activity
which may injure any tree on any street (hereinafter called any
"public tree"), and without restricting the generality of the
foregoing, no such person shall
(**Bylaw 4501, adopted Mar 22, 2010)
(a)
remove, spray, fertilize, prune, disturb, scar, cut above or
below ground, or alter in any other way, any public tree;
(b)
deposit, place, store, or maintain on public or private land
any stone, brick, sand, concrete, soil or other material or
equipment which impedes the free passage of water, air
or nutrients to the roots of any public tree;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
55
(c)
mark, break, remove bark from, or in any other way
deface any public tree;
(d)
fasten any sign, bill, notice, wire, rope, nail or other
object to, around or through the stakes, posts, guards or
barriers which support or protect any public tree;
(e)
cause or permit any gaseous, liquid or solid substance
which is harmful or toxic to public trees to come in
contact with them;
(f)
cause or permit the heat from any fire or other source to
come in contact with any public tree;
(g)
raise or lower the grade level or alter the drainage pattern
in a manner which interferes with the access of water, air
or nutrients to the roots of any public tree;
(h)
remove or interfere with any barrier on, around or about
any public tree; or
(i)
cause or permit any excavation, soil disturbance or
compaction within the area on the surface of the ground
that corresponds to the outer edge of the crown of any
public tree.
54.1
Despite Sections 50 and 54(2), if a boulevard is not already landscaped,
maintained or planted by the Corporation in a material other than turf, then
an owner of land may plant vegetation on and maintain the portion of the
boulevard adjoining his land, that is to say, not being separated by any
intervening public sidewalk or other above ground public work, but only in
compliance with and to the extent allowed by the plant materials and
restrictions set out in Schedules "D" or as approved by the Manager of
Parks Services or designate and "E", respectively, which are attached to
and which form part of this Bylaw. For greater certainty, no person other
than an employee, contractor or agent of the Corporation acting in the
course of his employment or contractual obligations, as the case may be,
shall pursuant to this section:
(**Bylaw 4687 adopted April 4,
2017)
(1)
plant on a boulevard any vegetation:
(a)
not included in the list set out in Schedule "D";
(b)
in a location required to be free of plant growths as set
out in Schedule "E"; or
(c)
which has a height higher than the maximum set out in
Schedule "E"; or
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
56
(2)
till the soil on a boulevard to a depth below the maximum set out
in Schedule "E"
54.2
Despite Section 54(2), permission for works on a boulevard granted by
way of an encroachment agreement, licence of occupation, or easement
pursuant to Section 43 may include a planting component, but only to the
extent that the proposed planting plan complies with the materials and
restrictions set out in Schedules "D" and "E" or as approved by the
Manager of Parks Services or designate, respectively.
(**Bylaw 4687 adopted April 4, 2017)
54.3
No person being the owner of land adjoining a boulevard on which
vegetation has been planted pursuant to:
(1)
Section 54.1; or
(2)
an encroachment agreement, licence of occupation or easement
agreement with the Corporation,
shall:
(3)
allow such vegetation or any part thereof to:
(a)
become infested with weeds;
(b)
grow or spread to the extent that it does not comply with
the restrictions set out in Schedule "E" if:
(i)
subsection (1) applies; or
(ii)
subsection (2) applies and the encroachment
agreement, licence of occupation or easement
agreement was executed after the adoption of the
Streets and Traffic Bylaw Amendment Bylaw No.
1, 2010,
(c)
grow or spread to the extent that it:
(i)
does not comply with the restrictions set out in
an
encroachment
agreement,
licence
of
occupation or easement agreement;
(ii)
reduces the available width of a public sidewalk,
other public walkway, or roadway below that
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
57
which would be available for public passage in the
absence of the vegetation;
(iii)
impairs a line of sight for vehicle or pedestrian
traffic at an intersection;
(iv)
obscures a traffic control device;
(v)
projects over a street where it is liable to be struck
by a pedestrian, cyclist or motor vehicle using the
street in a lawful manner; or
(vi)
causes damage to a roadway, public sidewalk or
public works whether above or below ground,
if subsection (2) applies and the encroachment agreement,
licence of occupation or easement agreement was executed
before the adoption of the Streets and Traffic Bylaw Amendment
Bylaw No. 1, 2010; or
(4)
allow to remain on the boulevard such vegetation which has died
or which has become diseased.
54.4
Without first applying for and obtaining permission through a boulevard
encroachment agreement in accordance with the procedure set out in
Section 42, nothing in Section 53.1 authorizes, entitles or permits a person
to:
(1)
surface a boulevard with gravel, crushed rock screenings, rocks,
sand, shells, asphalt, concrete, brick, grass-grid products or other hard
material;
(2)
place rocks or boulders on a boulevard; or
(3)
install an irrigation system in, on or under a boulevard,
and no person other than an employee, contractor or agent of the
Corporation acting in the course of his employment or contractual
obligations, as the case may be, shall carry out any such work or do any
such thing on, in or under a boulevard."
(**Bylaw 4687 adopted April 4, 2017)
54.5
Nothing in Section 54.1 authorizes, entitles or permits a person to:
(1)
remove turf from a boulevard and replace it with dirt or bark
mulch outside the context of a bona fide planting scheme
complying with Schedules "D" or as approved by the Manager of
Parks Services or designate and "E";
(**Bylaw 4687 adopted April 4, 2017)
(2)
change the natural grade of a boulevard;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
58
(3)
alter or damage an irrigation system owned and maintained by
the Corporation; or
(4)
cultivate, dig or rototill in a location that interferes with, gouges,
cuts or in any way injures the roots of a public tree,
and no person other than an employee, contractor or agent of the
Corporation acting in the course of his employment or contractual
obligations, as the case may be, shall carry out any such work or do any
such thing on, in or under a boulevard.
54.6
Neither the landscaping nor the maintenance of a boulevard pursuant to:
(1)
Section 54.1; or
(2)
an encroachment agreement, licence of occupation or easement
agreement with the Corporation,
confers any exemption from a frontage tax imposed under the Boulevard
Frontage Tax Bylaw, 1982, as amended from time to time, or a successor
thereto, even if the effect of such landscaping is to prevent the
Corporation from undertaking the maintenance that would normally be
carried out under that Bylaw.
54.7
In landscaping or maintaining a boulevard pursuant to:
(1)
Section 54.1; or
(2)
an encroachment agreement, licence of occupation or easement
agreement with the Corporation,
a person acquires no property rights in the boulevard or the vegetation
planted thereon, and such person shall have no claim against the
Corporation in the event that the Corporation removes all or part of such
vegetation for the purpose of access to public works, road widening,
sidewalk construction, remediation of safety hazards, or for any other
lawful purpose of the Corporation.
54.8
An owner of land is required, with respect to a boulevard adjoining that
land:
(1)
to remove any structure, object or thing projecting from the land
and built, constructed, placed or maintained without the
permission contemplated by Section 43;
(2)
to remove any structure, object or thing, other than as described
in subsection (1), that the owner has caused or suffered to be
built, constructed, placed or maintained without the permission
contemplated by Section 43;
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
59
(3)
to remove any material that the owner has caused or suffered to
be piled or placed as described in Section 47;
(4)
to reinstate with turf any portion thereof that the owner has
caused or suffered to be damaged as set out in Section 50;
(5)
except for:
(a)
plantings allowed pursuant to Section 54.1; or
(b)
plantings or other works allowed pursuant to an
encroachment agreement, licence of occupation or
easement agreement with the Corporation,
to remove any vegetation, rockery or other material that the
owner has caused or suffered to be planted, constructed or piled
as described in Section 54(2); and
(6)
to remove any material that the owner has caused or suffered to
be deposited, placed, stored or maintained as described in Section
54(4)(b).
54.9
Where a person to whom:
(1)
Section 54.8 applies fails to take the action required by that
section; or
(2)
Section 54.3 applies fails to carry out the maintenance or take
such other action required in order to comply with that section,
the Director of Engineering Services may cause written notice to be
given to the person advising that the Corporation will be entitled to carry
out the required maintenance or other action at the expense of the person
if the required maintenance or other action has not been completed
within 14 days after the date the notice was mailed or delivered as the
case may be.
54.10 In addition to the content set out in Section 54.9, a notice under that
section shall:
(1)
describe the location, extent and nature of the required
maintenance or other action;
(2)
indicate how the recipient may contact the Director of
Engineering Services if he desires further information with
respect to the location, extent and nature of the required
maintenance or other action;
(3)
state that the recipient may apply to Council for reconsideration
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
60
of the requirement to carry out the maintenance or take the action
described in the notice;
(4)
indicate how the recipient may obtain information regarding an
application for reconsideration;
(5)
state that if within 14 days after the date the notice was mailed or
delivered as the case may be, the recipient applies for
reconsideration by Council, he need not carry out the
maintenance or take the action described in the notice until the
application has been dealt with and the requirement confirmed by
that body; and
(6)
be either:
(a)
mailed by registered mail; or
(b)
delivered by hand,
to the address of the person to whom the notice is being given
pursuant to that section, as shown on most recent assessment roll
prepared pursuant to the Assessment Act, R.S.B.C., 1996, c. 20,
or, if title to the land adjoining the boulevard which is the subject
of the notice has been transferred since the preparation of the
most recent assessment roll, to the address of the person as shown
on the current certificate of title for that land.
54.11 An application for reconsideration by Council shall:
(1)
be in writing;
(2)
include a return address; and
(3)
be delivered to the Municipal Clerk before the expiration of the
time set out in the notice from the Director of Engineering Services
for the completion of the required maintenance or other action.
54.12 Following receipt of an application for reconsideration under Section
54.11, the Municipal Clerk shall notify the applicant of the time, date and
place that the application will be placed before Council.
54.13 In addition to the content set out in Section 54.12, notification under that
section shall:
(1)
state that reconsideration by Council at the time, date and place
specified will include a reasonable opportunity to be heard or
make written submission on the matter either in person, or
through an agent, or both; and
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
61
(2)
be mailed or otherwise delivered to the applicant through one of
the methods set out in Section 54.10(6) at least 5 days before the
date of reconsideration by Council.
54.14 If Council, upon reconsideration, has confirmed a requirement to carry out
the maintenance or take the action described in a notice from the Director
of Engineering Services under Section 54.9, the Municipal Clerk shall give
notice of such confirmation to the applicant, with notice from the
Municipal Clerk to be mailed or otherwise delivered to the applicant
through one of the methods set out in Section 54.10(6).
54.15 If the person subject to the requirement to carry out the maintenance or
take the action described in a notice from the Director of Engineering
Services under Section 54.9 fails to complete the same:
(1)
within 14 days after the date such notice was mailed or delivered
as the case may be; or
(2)
if the person has applied for reconsideration by Council, within
14 days after notice under Section 54.14 was mailed or delivered
as the case may be,
then the Corporation may carry out and complete the required
maintenance or other action at the expense of that person and may
recover from that person the costs thereby incurred as a debt.
54.16 A notice under Section 54.14 shall include the information set out in
Section 54.15(2) with respect to the time allowed to carry out and complete
the required maintenance or other action before the Corporation will be
entitled to do the same at the expense of the person given such notice.
54.17 The Corporation shall keep an accurate account of the costs incurred
pursuant to Section 54.15 and shall send by registered mail a statement of
such costs to the person given notice under Section 54.9, with a demand
for payment of same.
54.18 Where the costs described in a statement mailed pursuant to Section 54.17
were incurred in the course of maintenance or other action taken by the
Corporation with respect to an encroachment which was the subject of an
order under Section 54.8(1), such costs are due and payable not later than
December 31 of the year in which they were incurred. If unpaid on that
date, they are deemed to be taxes in arrear on the land from which the
encroachment extended.
54.19 Where the costs described in a statement mailed pursuant to Section 54.17
were incurred in the course of maintenance or other action taken by the
Corporation with respect to an encroachment other than an encroachment
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
62
which was the subject of an order under Section 54.8(1), such costs are due
and payable not later than 30 days following the date of the statement
mailed pursuant to Section 54.17.
(**Bylaw 4501, adopted Mar 22, 2010)
Parks
55
No person being in charge or control of any vehicle shall drive or allow
or permit such vehicle to be driven within any park except on the hard
surfaced portions of established highways within such park, and no
person being in charge, control or possession of any vehicle shall park
such vehicle or permit same to remain parked within any park except
upon the areas set aside for parking.
Animals
56
(1)
No person shall drive through any street any horses, cattle, sheep,
swine or other like animals.
(2)
No person shall ride any horse on any street unless the same is
fitted with a proper saddle and controlled by a bit and bridle.
(3)
No person shall tie or fasten any animal to any tree or shrub, or to
the support of any tree or shrub, on any street or in any park.
Grease and Oil
57
No person being in charge, control or possession of any vehicle shall
suffer or permit oil, grease, fuel or other deleterious substance to drop or
fall from any part of such vehicle upon any street paved with asphalt.
PENALTIES
58
A person who contravenes this Bylaw by doing an act that it forbids, or
by omitting to do an act that it requires to be done, commits an offence
and is liable, on conviction, to the penalties prescribed by this Bylaw or
by the Offence Act.
59
The minimum penalty for the contravention of
(1)
Sections 16, 17, 18(1), 19(1), 22, 23(1), 23(2), 24, 29, 30, 32,
33(15), 33(16), 34(1), 35, 35.1 or 35.2(1) or 35.3 shall be:
(a) a fine of Fifteen Dollars ($15.00) if paid not later
than 7 days from the date of the parking offence
notice;
(b) a fine of Twenty Five Dollars ($25.00) if paid later
than 7 days from the date of the parking offence
notice.
(2)
Section 21 shall be a fine of Twenty Five Dollars ($25.00)
(**Bylaw 4848, adopted Oct 10, 2023)
60
The penalty for the contravention of any provision of this Bylaw, other
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
63
than a provision set out in Section 58, shall be a fine of not less than
$25.00 and not more than $10,000.00. A separate offence shall be
deemed to be committed on each day during and on which the
contravention occurs or continues.
(**Bylaw 4343, adopted Jan. 22, 2007)
61
A municipal constable or a person authorized to enforce this Bylaw or a
portion hereof pursuant to a contract or agreement with the Corporation
if he has reason to believe that an offence has been committed against
any of the provisions enumerated in Section 58, may complete and
deliver a parking offence notice to the driver of the vehicle parked in
contravention of any one of the provisions so enumerated. Delivery of a
parking offence notice may be effected by leaving it on the windshield
of such vehicle or by handing it to the driver of same, or by mailing it
to the registered owner of the vehicle at the address shown on the
record of registration maintained by the Insurance Corporation of
British Columbia.
62
A parking offence notice may indicate the alleged offence and the
amount of the voluntary penalty which may be paid to the Corporation
in respect of it.
63
Where a voluntary penalty is paid pursuant to a parking offence notice
in the amount and within the applicable time set out in Section 63
before an information has been sworn and a summons has been issued,
no prosecution shall be commenced in respect of the offence described
in the parking offence notice.
64
The voluntary penalty for the contravention of
(1)
Section 16, 17, 18(1), 19(1), 22, 23(1), 23(2), 24, 29, 30, 32,
33(15), 33(16), 34(1), 35, 35.1 or 35.2(1) shall be:
(a)
a fine of Fifteen Dollars ($15.00) if paid not later than 7
days from the date of the parking offence notice;
(b)
a fine of Twenty Five Dollars ($25.00) if paid later than
7 days from the date of the parking offence notice.
(2)
Section 21 shall be
(a)
a fine of Fifteen Dollars ($15.00) if paid not later than 7
days from the date of the parking offence notice;
(b)
a fine of Twenty Five Dollars ($25.00) if paid later than
7 days from the date of the parking offence notice.
(**Bylaw 4848, adopted Oct 10, 2023)
65
(1)
Where there is a violation by any person, whether known or
unknown, of the provisions of this Bylaw relating to the
parking of a vehicle, the person licenced as the owner of the
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
64
vehicle shall be deemed to be guilty of such violation and shall
incur the penalties provided therefor unless he proves both that
the violation was not committed by himself and that it was not
committed by a person who at the time of the violation had
authority from him to have charge or control of the vehicle.
(2)
Nothing in this section relieves from liability the person by
whom the violation was in fact committed.
66
(1)
In this Bylaw, "repeat offender vehicle" means a vehicle in
respect of which, under the ownership of the same person, there
remain unpaid at least thirty (30) days after the date of the last
unpaid parking offence notice, five (5) or more such notices
issued during the three (3) year period preceding the mailing of
notice under Section 67.
(**Bylaw 4206, adopted Nov. 24, 2003)
(2)
Where a court has dismissed a prosecution for an alleged
contravention of this Bylaw, a parking offence notice for that
alleged contravention will not be included for the purpose of
Subsection (1).
(**Bylaw 4206, adopted Nov.24, 2003)
(3)
REPEALED
(**Bylaw 4193, adopted Jun 23, 2003)
67
Without derogating from the authority of a peace officer under
the Motor Vehicle Act, the Chief Constable or the Municipal
Clerk may cause a repeat offender vehicle to be towed away
and impounded if
(**Bylaw 4206, adopted Nov. 24, 2003)
(1)
the vehicle is parked contrary to a traffic control device duly
erected, placed or made by order of the Council or the Director
of Engineering Services pursuant to this Bylaw or its
predecessors, or otherwise is unlawfully occupying a portion of
a street or public place;
(**Bylaw 4501, adopted Mar 22, 2010)
(2)
notice has been given in accordance with Section 68, and at
least three (3) days have elapsed since the mailing of same; and
(3)
the vehicle is registered in the name of the same person under
whose ownership it met the criteria for categorization as a
repeat offender vehicle within the meaning of this Bylaw.
68
(1)
The notice required pursuant to Section 67(2) shall be given to
the registered owner of the repeat offender vehicle and shall
state that the vehicle identified in the notice is subject to towing
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
65
and impoundment if found in either of the circumstances
described in Section 67(1).
(**Bylaw 4206, adopted Nov.24, 2003)
(2)
A Notice under this Section may be given by mailing it to the
registered owner of the vehicle at the address shown on the
record of registration maintained by the Insurance Corporation
of British Columbia or the most recent address known to the
Corporation.
69
(1)
Where a vehicle has been impounded under Section 67, the
owner or driver of the vehicle will be entitled to its release on
payment
(a)
to the Corporation of an impoundment fee of Two
Hundred Dollars ($200.00); and
(b)
of towing service costs and storage charges payable to
the towing company that has been retained by the
Corporation for the purpose of this Section.
(2)
The costs applicable under Subsection (1)(b) shall be as
follows:
(a)
towing service costs: Ninety-Four Dollars and Fifty
Cents ($94.50);
(**Bylaw 4431, adopted September 29, 2008)
(b)
storage costs: Twenty-Three Dollars and Ten Cents
($23.10) per calendar day, minimum one day.
(**Bylaw 4351, adopted Mar. 26, 2007;
(**Bylaw 4424, adopted August 18, 2008)
(3)
Payment of an impoundment fee may be made:
(a)
between 8:30 a.m. and 4:30 p.m., excluding weekends
and holidays at the Oak Bay Municipal Hall, 2167 Oak
Bay Avenue, Victoria, British Columbia, V8R 1G2; and
(b)
otherwise, between 5:45 a.m. and 12:30 a.m. at the Oak
Bay Recreation Centre, 1976 Bee Street, Victoria, British
Columbia, V8R 5E6.
(**Bylaw 4206, adopted Nov.2, 2003)
(**Bylaw 4619, adopted May 26, 2014)
(4)
The payment of any impoundment fee, towing service charge
or storage charge under this Section does not absolve the owner
or driver from paying any voluntary penalties or fines which
might result from any parking offence notices.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
66
(5)
The Corporation will refund an impoundment fee, without
interest, if the registered owner provides proof that a court of
competent jurisdiction has dismissed a prosecution of this
Bylaw after an impoundment fee has been paid and the number
of parking offences which have been delivered in the previous
three years but have not been paid, not including those parking
offences with respect to which charges have been dismissed, is
fewer than five (5).
70
(1)
Where a vehicle has been impounded under Section 67 and the
owner or driver does not pay the necessary fees, costs and
expenses to obtain the release of the vehicle within twenty (20)
days of impoundment, the vehicle may be sold at public
auction.
(2)
A vehicle shall not be sold at public auction until notice of
intention to sell the vehicle has been
(a)
mailed by registered mail to the registered owner of the
vehicle at the address shown on the record of
registration maintained by the Insurance Corporation of
British Columbia; and
(b)
published in a newspaper circulating in the Municipality
not less than 20 days before the auction.
71
The Corporation may recover fees, costs, and expenses from the owner
of a vehicle by action in a court of competent jurisdiction, whether or
not the vehicle has been sold at auction.
Severability
72
If any part of this Bylaw is declared invalid by a court of competent
jurisdiction, the remainder shall continue in full force and effect and be
construed as if this Bylaw had been adopted without the invalid portion.
(**Bylaw 4501, adopted Mar 22, 2010)
REPEAL
73
The Following Bylaws are hereby repealed:
Bylaw No. 3658, " Streets and Traffic Bylaw, 1990"
Bylaw No. 3672, " Streets and Traffic Bylaw Amendment Bylaw, No.
1,1991"
Bylaw No. 3677, " Streets and Traffic Bylaw Amendment Bylaw, No. 2,
1991"
Bylaw No. 3698, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
1992"
Bylaw No. 3716, " Streets and Traffic Bylaw Amendment Bylaw, No. 2,
1992"
Bylaw No. 3730, " Streets and Traffic Bylaw Amendment Bylaw, No. 3,
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
67
1992"
Bylaw No. 3737, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
1993"
Bylaw No. 3764, " Streets and Traffic Bylaw Amendment Bylaw, No. 2,
1993"
Bylaw No. 3771, " Streets and Traffic Bylaw Amendment Bylaw, No. 3,
1993"
Bylaw No. 3781, " Streets and Traffic Bylaw Amendment Bylaw, No. 4,
1993"
Bylaw No. 3796, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
1994"
Bylaw No. 3798, " Streets and Traffic Bylaw Amendment Bylaw, No. 2,
1994"
Bylaw No. 3824, " Streets and Traffic Bylaw Amendment Bylaw, No. 3,
1994"
Bylaw No. 3826, " Streets and Traffic Bylaw Amendment Bylaw, No. 4,
1994"
Bylaw No. 3842, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
1995"
Bylaw No. 3866, " Streets and Traffic Bylaw Amendment Bylaw, No. 2,
1995"
Bylaw No. 3904, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
1996"
Bylaw No. 3914, " Streets and Traffic Bylaw Amendment Bylaw, No. 2,
1996"
Bylaw No. 3960, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
1997"
Bylaw No. 3964, " Streets and Traffic Bylaw Amendment Bylaw, No. 2,
1997"
Bylaw No. 3977, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
1998"
Bylaw No. 4018, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
1999"
Bylaw No. 4040, " Streets and Traffic Bylaw Amendment Bylaw, No. 2,
1999"
Bylaw No. 4072, " Streets and Traffic Bylaw Amendment Bylaw, No. 1,
2000"
except insofar as they repeal any other Bylaws, and
PROVIDED that such repeals made pursuant to this Bylaw shall not
affect the validity of any order or resolution made under such repealed
Bylaws, which shall remain in effect as if this Bylaw had not been
passed, and
PROVIDED FURTHER that such repeals shall not affect any offence
committed, or penalty or punishment incurred, under such repealed
bylaws, and any such penalty or punishment may be imposed as if this
Bylaw had not been passed.
74
This Bylaw may be cited as the STREETS AND TRAFFIC BYLAW,
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
68
2000.
READ a third time by the Municipal Council on November 14, 2000
ADOPTED AND FINALLY PASSED by the Municipal Council on December 11, 2000
_______________________________ ____________________________________
Mayor
Municipal Clerk
Sealed with the Seal of The Corporation of
the District of Oak Bay.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
69
Bylaw 4100
SCHEDULE "A"
LIMITED TIME AND RESIDENT ONLY
PARKING EXEMPTION PERMIT
Resident Parking
Vehicle
Licence #:
Zone #:
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
70
Bylaw 4100
SCHEDULE "B"
LOAD SECUREMENT REGULATIONS
INTERPRETATIONS
1.
In this Schedule "commercial vehicle" means a commercial vehicle as defined in the Commer-
cial Transport Act.
APPLICATION
2.
This Schedule does not operate to prohibit dropping sand from a vehicle to secure traction, or
water or another substance to clean or maintain a roadway.
LOAD SECURED ON VEHICLES
3.
No person shall drive or operate a vehicle on a highway while the vehicle is carrying a load
unless the vehicle is constructed and loaded in a way that ensures that none of its load will
(1)
escape from the vehicle; or
(2)
affect the operation of the vehicle by shifting or swaying.
METHODS OF LOAD SECUREMENT
4.
(1)
Subject to Subsection (2), no person shall drive or operate a commercial vehicle on a
highway while the vehicle is carrying a load unless the load is secured
(a)
by sides, sideboards or side stakes and a rear end gate, end board or end stakes
that
(i)
are securely attached to the vehicle;
(ii)
are strong enough and high enough to ensure that the load will not shift
upon or fall from the vehicle; and
(iii)
have no aperture large enough to permit any load to pass through;
(b)
where the load length falls within a load length category set out in column 1 of
the Table, by the number of tie downs set opposite the category in column 2,
and as many additional tie downs as are necessary to secure the load by
(i)
direct contact; or
(ii)
dunnage that is secured by the tie downs and is in contact with the
exterior, including topmost load, in a manner that safety holds interior
pieces of the load without causing exterior pieces to crush or break up,
or
(c)
by the methods described in Paragraph (a) and the methods described in Para-
graph (b), in combination,
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
71
and the driver or the operator shall ensure that tie downs when in use are distributed
evenly along the load.
Table
Length of load along
longitudinal axis of vehicle
Minimum number
of ties required
not over 2.5 m
over 2.5 m but not over 7.5 m
over 7.5 m but not over 10.0 m
over 10.0 m but not over 12.5 m
over 12.5 but not over 15.0 m
2
3
4
5
6
(2)
An article in a load that is less than 2.5 m long and less than 1.0 m high may be secured
by one tie down if it is butted against another article or a bulkhead, but, if it is not
butted against another article or a bulkhead it must be secured by two tie downs and the
second one shall be conclusively deemed to be a necessary additional tie down under
the requirements of Subsection (1)(b).
(3)
In this Section "tie downs" means tie downs that meet the requirements of Section 12.
EXCEPTION FOR SIZE, SHAPE AND WEIGHT
5.
Notwithstanding Section 4, a person may drive or operate on a highway a commercial vehicle
carrying a load that, because of its size, shape and weight or any one or more of those factors,
can safely be carried when fastened by methods different from those described in Section 4, but
he shall not so drive or operate the vehicle unless he ensures that the load is
(1)
secured adequately to prevent it or any part of it from bouncing or falling from the
vehicle, and
(2)
blocked and braced to prevent it from shifting.
TRANSPORTING LOGS OR POLES
6.
(1)
Notwithstanding Section 4, a person may drive or operate a commercial vehicle on a
highway while the vehicle is transporting a load of logs or poles or both if
(a)
the vehicle is equipped with
(i)
bunks of adequate design and construction, and
(ii)
stakes that meet the requirements of Subsection (2) and are of adequate
design and construction to contain the load, and
(b)
the load is restrained by at least two load encircling binders at least 3 m apart,
each binder having a breaking strength in its weakest component of not less
than 5,448 kg.
(2)
For the purpose of Subsection (1),
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
72
(a)
stake extensions shall be securely attached to the stakes,
(b)
stakes, together with their stake extensions, shall form an angle of 90 degrees
or less with the bunk cross member, and
(c)
stake lines shall be attached to the stake by a closed loop and consist of wire
rope of at least 22 mm in diameter.
TIERED ARTICLES
7.
No person shall drive or operate a commercial vehicle on a highway while the vehicle is
carrying its load in more than one tier of separate components unless
(1)
the topmost tier is secured in the manner described in Section 4(1)(b); and
(2)
each other tier is secured in a safe and stable manner.
DRUMS
8.
No person shall drive or operate a commercial vehicle on a highway while the vehicle is
carrying drums or barrels on end unless
(1)
where metal drums or barrels are stacked on end on other metal drums or
barrels, the stacks are separated by dunnage, and
(2)
the vehicle has sides, sideboards or side stakes and the drums or barrels are
blocked or tied down with hardware adequate to prevent the load from shifting
on the vehicle.
COVERING OF AGGREGATE LOADS
9.
No person shall drive or operate a commercial vehicle on a highway while the vehicle is
carrying a load of aggregate material if any of the load is likely, if not covered, to bounce, blow
or drop from the vehicle in transit, unless
(1)
the load is covered in a way that prevents any of it from blowing, bouncing or
dropping from the vehicle; and
(2)
the cover is securely and tightly fastened so that it is not, and cannot become, a
hazard.
LOAD SUPPORTED ON ROLLERS
10.
No person shall drive or operate a commercial vehicle on a highway when the load of the vehi-
cle is supported on rollers unless at least one roller is equipped with locks that are fastened in a
manner that prevents the load from shifting in transit.
INTERMODAL CARGO CONTAINERS
11.
No person shall, after April 1, 1982, drive or operate on a highway a commercial vehicle trans-
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
73
porting intermodal cargo containers unless the container is secured between the container
securement holes and the load bearing vehicle structure with securement devices fastened
tightly and locked so that the container is prevented from moving relative to the vehicle more
than 25 mm under an acceleration relative to the vehicle
(1)
of 16.5 m per second per second downward,
(2)
of 4.9 m per second per second upward,
(3)
of 2.9 m per second per second laterally, and
(4)
of 17.6 m per second per second longitudinally.
TIE DOWNS
12.
(1)
Tie downs must
(a)
in the aggregate, have a safe working load of more than the weight of the load
secured by the tie downs,
(b)
be marked directly, or on a tag permanently attached, with the safe working
load as warranted by the manufacturer or by a registered professional Director
of Engineering Services,
(**Bylaw 4501, adopted Mar 22, 2010)
(c)
not to be used if worn
(i)
beyond a wear limitation specified by the manufacturer, or
(ii)
to the extent that they have become unsafe,
(d)
when in use be protected as necessary against abrasion,
(e)
when in use have any load binder handle that forms part of the tie down
assembly locked in place and secured by rope, wire or chain, and
(f)
be designed, constructed and maintained so that the driver of a vehicle can
tighten them.
(2)
Where a tie down is not identified in the manner set out in Subsection (1)(b) it shall be
conclusively deemed to be of the lowest grade or classification for its type and size.
(3)
Subsection (1)(f) does not apply in the case of a tie down that consists of steel, fibre or
synthetic strapping, if the strapping is taut when in use.
(4)
For the purposes of this Section, the safe working load of a tie down means the maxi-
mum load, repeatedly applied, that the tie down is capable of withstanding with
complete safety throughout its normal service life.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
74
BULKHEADS AND CAB PROTECTORS
13.
(1)
No person shall, after April 1, 1982, drive or operate a commercial vehicle on a high-
way while the vehicle is carrying a load unless the vehicle is equipped with a bulkhead
or cab protector that each meet the requirements of Subsection (2), or both in combina-
tion, of sufficient strength to prevent penetration or crushing of the driver's compart-
ment in the event of the load shifting.
(2)
A bulkhead or cab protector shall extend
(a)
to 120 cm above the floor of the cab of the vehicle, or
(b)
to the height at which the bulkhead or cab protector, or both in combination,
blocks forward movement of any part of the load the vehicle is carrying,
and shall be wide enough to block forward movement of any part of the load the vehi-
cle is carrying.
(3)
This Section does not apply where a person drives or operates a commercial vehicle
that is
(a)
carrying a load in a container where the container is so constructed that it
meets the requirements of a bulkhead, or
(b)
designed and used exclusively to transport other vehicles, if each vehicle it
transports is secured by tie down assemblies as required by Section 4 or
fastened by a method permitted by Section 5.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
75
Bylaw 4100
SCHEDULE "C"
THE CORPORATION OF THE DISTRICT OF OAK BAY
STREET OCCUPANCY PERMIT
Subject to the conditions hereon noted, permission is hereby given to:
to occupy
m² of street and/or boulevard and/or sidewalk fronting a distance of
m on
for the purpose of:
This permit covers the
day period from
to
inclusive.
CONDITIONS OF PERMIT
This Permit is approved and issued upon the following conditions, which are hereby accepted by the
Permittee and the Corporation:
1. That the street, boulevard and/or sidewalk affected by this Permit, and all services below them, are of
this date agreed to be in a reasonable state of repair, except as otherwise indicated hereon:
2. That the Permittee agrees to clear, clean and otherwise leave the area to be occupied under this Permit
in a clean and tidy condition at the expiration of the period noted above.
3. That the Permittee agrees that all materials, structures and objects occupying the street shall be prop-
erly marked by the Permittee with flashing amber lights and appropriate signage as determined by the
Director of Engineering Services, in a manner which shall be visible from all directions of
approaching traffic.
4. That the Permittee agrees to deposit with the Collector the sum of Five Hundred Dollars ($500.00) to
secure payment for injury to, destruction, defacement or disturbance of municipal property, installa-
tions, streets and accesses that occurs as a result of street occupancy.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
76
5. That the Permittee agrees to reimburse the Corporation in full for all costs over and above the amount
of security deposited in accordance with (4) above, as may be incurred by the Corporation for the
repair of any damage to, or the replacement of, municipal property, installations, streets and accesses
that occurs as a result of street occupancy.
6. That the Corporation agrees to return to the Permittee any portion of the security deposited in accor-
dance with (4) above not required to make good injury to, destruction, defacement or disturbance of
municipal property, installations, streets and accesses that occurs as a result of street occupancy, when
danger of further injury, destruction, defacement or disturbance is past.
7. That the Permittee shall indemnify and save harmless the Corporation against all claims, liabilities,
judgements, costs and expenses of whatever kind which may in any way accrue against the Corpora-
tion in consequence of, or in any way incidental to, the granting of this Permit. The Permittee
herewith hands the Corporation a certificate confirming that it has acquired for the duration of the
street occupancy comprehensive public liability insurance to a limit of not less than Three Million
Dollars ($3,000,000) inclusive for each occurrence for bodily injury, death, and damage to property
including loss of use thereof, with the Corporation to be named as an additional insured.
(**Bylaw 4501, adopted Mar 22, 2010)
8. That an administration fee of Two Dollars ($2.00) per 10 square metres of occupancy per day will be
prepaid by the Permittee.
FEE:
m² x $2.00 x
days =
Permittee or Authorized Agent
APPROVED
Director of Engineering Services
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
77
SCHEDULE "D"
Bylaw No. 4100
List of Permitted Boulevard Plantings*
Category
Botanical Name
Common Name
Shrubs
Erica darlyensis or carnea
Heather
Pinus mugho (dwarf)
Mugo Pine
Genista lydia/pilosa
Ornamental Broom
Viburnum davidii
David Viburnum
Hebe
Veronica
Spiraea japonica
Spiraea
Caryopteris
Bluebeard
Gaultheria procumbens
Wintergreen
Ferns
Blechtum spicant
Deer Fern
Polystichum munitum
Western Sword Fern
Adiantum pedatum
Maidenhair Fern
Grasses
Festuca (dwarf cultivars only)
Fescue
Carex (dwarf cultivars only)
New Zealand Sedge
Mahonia nervosa
Dull Oregon Grape
Perennials
Cinereum
Hardy Geranium
Hosta
Plaintain Lily
Sedum
Stonecrop
Armeria maritime
Sea Thrift
Dianthus
Pinks
Coreopsis
Tickseed
Sempervivum
Hens and Chicks
Galium odoratum
Sweet Woodruff
Gallardia grandiflora
Blanketflower
Phormium cookianum (dwarf)
New Zealand Flax
Groundcover
Thymus
Thyme
Arctostaphylos Uva-ursi
Kinnikinnick
Vinca minor
Dwarf Periwinkle
Bulbs
Narcissus
Daffodil
Crocus
Crocus
Tulipa
Tulip
Iris
Iris
Galanthus
Snowdrop
Dicentra spectabilis
Bleeding Heart
* Except where otherwise indicated, each plant listed includes all cultivars of the plant, i.e., cultivated as
distinguished from botanical varieties.
Bylaw 4100, Streets & Traffic Bylaw 2000 (Consolidated)
78
SCHEDULE "E"
Bylaw No. 4100
Boulevard Landscaping Restrictions
Maximum plant height:
75 centimetres above natural grade
Minimum distance of plantings from inboard
side of public sidewalk
2 metres
Minimum distance of plantings from curb, if no
public sidewalk:
2 metres
Minimum distance of plantings from roadway
edge, if no curb or public sidewalk:
2 metres
Maximum depth that soil may be tilled:
20 centimetres below natural grade
Minimum distance of plantings from any water
meter, manhole, utility cover or utility pole:
1 metre
Minimum distance of plantings from any fire
hydrant:
2 metres
Minimum distance of plantings from any
boulevard tree:
2 metres