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TOWN OF OSOYOOS
BYLAW NO. 1256
A Bylaw to Regulate Traffic and Street Use
Within the Boundaries of the Town of Osoyoos.
WHEREAS Council is authorized to regulate traffic and the use of streets within the Town;
NOW THEREFORE, the Municipal Council of the Town of Osoyoos, in open meeting
assembled, enacts as follows:
Part 1. CITATION
1
This Bylaw may be cited for all purposes as "Traffic Bylaw No. 1256, 2009."
Part 2. DEFINITIONS
2
Words and phrases defined in the Motor Vehicle Act shall have the same meaning in this
bylaw, unless otherwise defined in this Bylaw;
3
In this Bylaw:
"Angle Parking" means the parking of a vehicle other than parallel to the curb or lateral
boundary of a roadway.
"Arterial Highway" means an arterial highway as defined in the Highway Act and
includes Highway 97 and Highway 3 corridors through the Town of Osoyoos boundaries.
"Boulevard Tree" means any ornamental or shade tree growing such that its trunk is
wholly or partly on a boulevard or within one metre of any street, but shall not include
trees grown by private individuals for the production of edible fruit.
"Driveway" means any curbing, paving, culvert, grading or other physical improvements
installed across a boulevard to facilitate access between a roadway and the adjacent
property.
"CAO" means the Chief Administrative Officer for the Town of Osoyoos or person
delegated by him to act on his behalf.
"Clearance Area" means a polygon formed by two or more white lines painted on a
roadway and the edge of the roadway, such area being defined for the purpose of
prohibiting stopping or standing of vehicles.
"Commercial Loading Zone" means a section of street designated by one or more
traffic control devices for loading or unloading exclusively by commercial vehicles.
"Commercial Property'" means any real property used in whole or in part for
commercial or industrial purposes.
"Council" means the municipal council of the Town of Osoyoos.
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"Curb" means the vertical or rising portion of a Portland cement concrete structure
delineating the outside edge of a paved roadway and shall include the edges of a
sidewalk closet to the roadway on streets where there is pavement extending to within 30
centimetres of the sidewalk.
"Disabled Parking Zone" means a parking zone identified by the disabled parking sign
referred to in the Motor Vehicle Act Regulations.
"Disabled Parking Permit" means a permit issued under the Motor Vehicle Act
Regulations.
"Lane" means any street not exceeding eight metres (8m) in width between property
lines.
"Loading Zone" means a section of street designated by one or more traffic control
devices for loading and unloading.
"Ministry" means the Minister of Transportation or a duly appointed designate.
"Motor home" means a motor vehicle designed or used primarily for accommodation
during travel or recreation, but does not include a motor vehicle that has attached to it a
structure:
(a) designed or used primarily for accommodation during travel or recreation, and
(b) designed or intended to be detachable;
"Passenger Zone" means a section of street designated by one or more traffic control
devices for loading or unloading of passengers.
"Parade" means any procession of more than thirty pedestrians or more than ten
vehicles or more than 10 cycles standing or traveling as a group on any street and shall
include a special community event which obstructs movement of traffic on a street but
shall not include a funeral procession.
"Residential Area" means any area zoned residential in the applicable Zoning Bylaw of
the Town in force and shall include streets abutting such zones, and where the zone is
different on the two sides of the street, the dividing line shall be taken as the centre line
of the street.
"Regulations" means the Motor Vehicle Act Regulations, B.C. Reg 26/58.
"Roller-skates" means a pair of boots or clamps securely attached to each foot which
have affixed to them any number of wheels, and shall specifically not include boards with
any number of wheels which are ridden by standing on and are not securely attached to
a persons feet.
"Skateboard" means a short board mounded on roller-skate wheels.
"Street" means every road, highway, alley, lane, pedestrian walkway right-of-way or
other corridor, arterial highways, designated or intended for public use in the movement
of any traffic, whether such corridor is physically developed or not, and shall extend to
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the lateral property lines of such corridor, including all roadways, sidewalks, boulevards
or other features constructed therein.
"Town" means the Town of Osoyoos or the area within the boundaries of the Town of
Osoyoos as the context may require.
"Traffic Control Device" means a sign, light, or other instrument placed by the order of
the CAO to control or regulate the movement, location and parking of motor-vehicles or
non-vehicular means of transportation.
"Trailer" means a vehicle that is at any time drawn on a highway by a motor vehicle,
except:
(a) an implement of husbandry,
(b) a side car attached to a motorcycle, and
(c) a disabled motor vehicle that is towed by a tow car,
and includes a semi-trailer as defined in the Commercial Transport Act;
Part 3. DELEGATION OF POWERS
4
The CAO is hereby authorized to order the placement or erection of traffic control devices
at such locations in the Town, as he deems appropriate to regulate or control the
following matters, and by those orders exercise the various powers of the Town under
this Bylaw, provided however that the CAO shall not place or erect traffic control devices
on an arterial highway or right of way without written consent of the Ministry:
(1)
regulation, control, or prohibition of pedestrian traffic, ridden, herded or driven
animals, vehicular traffic and cycle on sidewalks, boulevards, lanes and
roadways.
(2)
regulation, control, or prohibition of the stopping, standing or parking of vehicles
and trailers;
(3)
setting apart or allotting portions of streets adjacent to Federal, Provincial or
Municipal buildings for the exclusive use of officials and officers engaged therein
for the purpose of parking of vehicles or regulations of such parking;
(4)
establishment and use of loading, commercial and passenger zones and
designation of such zones;
(5)
prohibition, regulation or control of pedestrian traffic on streets other than at
crosswalks;
(6)
prohibition, regulation or control of traffic on a street in the vicinity of construction,
reconstruction, widening, repair, marking or other work being carried out; and
5
The CAO may rescind, revoke, amend or vary an order made by him under this section.
6
The CAO may place or erect traffic control devices to give effect to any provision of this
bylaw or any resolution of Council.
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7
(1)
Any vehicle unlawfully occupying any portion of a street or public place may be
removed, detained, or impounded by order of the CAO or a Bylaw Enforcement
Officer. A removal fee in the amount of actual costs including towing fees, an
impoundment fee in the amount of the actual cost paid to a commercial storage
facility or tow yard for each day or part of a day for which the vehicle is
impounded, and a 10% administration fee based on costs of towing and storage,
shall be paid by the owner before release of the vehicle and such fees may be
recovered by sale of the vehicle at public auction not less than 30 days after the
date of impoundment, or by action in a court of competent jurisdiction.
(2)
Any trailer remaining unlawfully parked 24 hours after issuance of a Municipal
Ticket under the Town's Municipal Ticketing Information Bylaw, may be removed,
detained, or impounded by order of the CAO or a Bylaw Enforcement Officer. A
removal fee in the amount of actual costs including towing fees, an impoundment
fee in the amount of the actual cost paid to a commercial storage facility or tow
yard for each day or part of a day for which the vehicle is impounded, and a 10%
administration fee based on costs of towing and storage, shall be paid by the
owner before release of the vehicle and such fees may be recovered by sale of
the vehicle at public auction not less than 30 days after the date of impoundment,
or by action in a court of competent jurisdiction.
Part 4. STOPPING AND PARKING REGULATIONS
8
The provisions of this Bylaw prohibiting stopping, standing or parking shall not apply to:
(1)
emergency vehicles;
(2)
municipal vehicles;
(3)
provincial, federal or public utility service vehicles when engaged in work which
requires the vehicles to stop, stand or park in a manner contrary to this Bylaw;
(4)
tow trucks while such vehicles are engaged in work requiring them to be stopped
or parked in a manner contrary to this Bylaw, provided that this exemption shall
not relieve the operator of such vehicles from taking due precautions to indicate
the presence of such vehicles on the street while so stopped;
(5)
any vehicle stopped or parked on the street while being repaired, where that
repair is necessitated by an emergency, provided that this exemption shall not
relieve the operators of such vehicles from taking due precautions to indicate the
presence of such vehicles on the street while so stopped, and provided that
where such a vehicle is stopped in manner which obstructs traffic or poses a risk
to other traffic, the owner or operator of such vehicle shall immediately arrange for
the removal of such vehicle.
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9
No person shall stop or stand a vehicle on any street:
(1)
wherever prohibited by a traffic control device;
(2)
on the roadway side of any vehicle stopped or parked at the edge or curb of a
roadway;
(3)
in an intersection with a lane or within two (2) metres of the nearest property line
of an intersecting lane;
(4)
in front of or within two (2) metres of any driveway;
(5)
on or within six (6) metres of a painted crosswalk;
(6)
in front of or within five (5) metres of a fire hydrant measured either side from a
point at the curb or edge of roadway closest to the hydrant.
(7)
other than parallel to the edge of roadway, and in the direction of traffic unless
angle parking is specified by signs or lines painted on the roadway;
(8)
in an area of street designated for angle parking if the vehicle or combination of
vehicles is over six (6) metres in length;
(9)
with wheels located further than three tenths of a metre (0.3m) from a curb where
a curb exists;
(10)
in a manner which will interfere with the free passage of traffic;
(11)
in a manner such that any part of the vehicle is located on or overhanging above
a clearance area painted on a roadway;
(12)
in a manner such that any part of the vehicle is located either partly or entirely
within the traveled portion of a roadway as indicated by white shoulder lines
painted on the roadway where such lines exist;
(13)
on a sidewalk or on a boulevard where a curb exists;
(14)
within a commercial loading zone, except that this subsection shall not apply to
commercial vehicles and that this subsection shall not apply in general between
the hours of 6:00 p.m. and 9:00 a.m. of the following day and on those holidays
other than Easter Monday;
(15)
in a disabled parking zone without a disabled parking permit that is displayed on
the dashboard on the inside rear view mirror of that vehicle and which is clearly
visible inside the vehicle by any person looking through the vehicle's front
windshield, or unless the vehicle is being actively loaded or unloaded with a
physically disabled passenger, provided however, that if a vehicle is parked in a
disabled parking zone to load or unload a disabled passenger and does not
display a valid disabled parking permit, it shall not remain stopped for longer than
5 minutes.
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10
No person shall stop or stand a vehicle on a street other than a lane inside any
intersection with another street other than a lane, or within six (6) metres of the nearest
property line of any intersecting street other than a lane.
11
No person shall stop or stand a vehicle on a lane:
(1)
inside any intersection with another street, or within two (2) metres of the nearest
property line of any intersecting street;
(2)
on either side of a lane abutting commercial property except while actually
engaged in loading or unloading of passengers or materials;
(3)
in a manner which leaves less than three (3) metres of unobstructed roadway or
which will interfere with the free passage of other vehicles;
12
No person shall park a vehicle on any street;
(1)
whenever or whenever prohibited by a traffic control device;
(2)
in a manner such that any part of the vehicle is located on or overhanging above
a line painted on a roadway delineating separate parking stalls;
(3)
for a period of time exceeding the posted time limit on a traffic control device
except that this subsection shall not apply between the hours of 6:00 p.m. and
9:00 a.m. of the following day and on those holidays other than Easter Monday,
which are defined in the Interpretation Act, unless specified otherwise by a traffic
control device;
(4)
for a continuous period in excess of twenty-four hours unless such vehicle is
legally parked by the owner or occupier of real property on a section of street (on
which parking is not prohibited by traffic control device) abutting the property he
owns or occupies;
(5)
for the purpose of calculating time in subsections (3) and (4) of this section, a
vehicle shall be considered continuously parked unless it is moved from its
parking space and not returned to the same side of the street in the same block
for a period equal or greater than the posted time limit.
(6)
park any boat trailer or utility trailer, including a trailer attached to a motor vehicle
upon any street overnight between the hours of 11:00 p.m. and 6:00 a.m.;
(7)
park any motor home, trailer, including a trailer attached to a motor vehicle, upon
any street unless in emergency situations or for the purposes of loading and
unloading, and in the case of a motor home, only for a period not to exceed 2
hours while doing business in Town.
(8)
in a loading zone or commercial loading zone other than for the purpose of and
while actually engaged in loading or unloading, and in any event not for a period
exceeding 30 minutes, except that this subsection shall not apply between the
hours of 6:00 p.m. and 9:00 a.m. of the following day and on those holidays other
than Easter Monday, which are defined in the Interpretation Act, unless specified
otherwise by a traffic control device;
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(9)
in a passenger zone for a period exceeding five (5) minutes;
(10)
between the hours of 9:00 p.m. and 6:00 a.m. of the following day on any street in
a residential area, a commercial vehicle in excess of five thousand six hundred
kilograms (5,600 kg) licensed gross vehicle weight.
Part 5. REGULATION OF TRAFFIC
13
No person shall drive or operate a vehicle upon any lane within the Town at a rate of
speed greater than twenty kilometers per hour (20 km/h).
14
No person shall drive or operate a vehicle upon any street other than an arterial highway
within the Town contrary to restrictions on vehicle type or weight which council may
implement by resolution from time to time.
15
No person shall:
(1)
operate a cycle on any sidewalk, crosswalk, walkway or boulevard within the
Town except in areas where such use is permitted by a traffic control device,
except that this section shall not apply to:
(a)
roller-skates used in a responsible manner, in full control and not
interfering with pedestrian traffic;
(b)
a wheelchair designed to carry a physically disabled person while it is
actually being ridden by a disabled person;
(c)
a stroller, baby buggy or other device designed to carry infants and young
children while it is being used for its intended purpose; or
(d)
a child's tricycle when it is ridden by a child who is under the age of six (6)
years.
(2)
stand or loiter or congregate in such a way as to interfere with or disrupt the
movement of traffic, unless he is participating in a parade or special event for
which required permits have been issued as stated in this Bylaw;
(3)
ride, herd or drive any animal on a sidewalk, boulevard or walkway except that
this subsection shall not apply to dogs led by a leash.
(4)
operate on any street, any loudspeaker, instrument or other noisemaking device
for the purpose of advertising, unless he has first obtained a written permit from
the CAO, which permits may only be issued to charitable or non-profit
organizations.
(5)
propel, coast, ride or in any other way use a skateboard as conveyance on any
sidewalk, crosswalk, walkway or boulevard in the following areas:
(a)
along Main Street, from the east boundary to the west boundary of the
Town of Osoyoos;
(b)
along 78th Avenue, from 85th Street to Spartan Drive;
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(c)
along 85th Street, from 78th Avenue to Main Street; and
(d)
along Spartan Drive, from Main Street to 78th Avenue.
(6)
No person shall operate a commercial vehicle using or causing to be used, an
engine braking device, or "Jake" brake within the Town.
16
No person:
(1)
shall organize or sponsor a parade or special event on any street, unless he first
obtains a written permit for such a parade or special event from the CAO and in
the event of an arterial highway, written permission from the Ministry.
(2)
who is taking part in any parade or special event on any street shall stop, block,
disrupt or in any way interfere with traffic unless such action is allowed as a
condition of a permit issued under subsection (1) of this section.
17
No person shall drive a vehicle in any parade unless he is a part of the parade nor
interfere in any manner with any parade or special event that is being conducted in
compliance with a permit issued under section 16 of this Bylaw.
Part 6. USE OF STREETS
18
The owner or occupier of any real property within the Town shall perform or arrange for
the performance of the following works on their property and on streets abutting their
property:
(1)
maintenance of boulevards to include grass, weed control and rubbish removal;
(2)
irrigation and care of boulevard trees, except that pruning of boulevard trees shall
be done by the Town;
(3) remove snow, ice or rubbish from the sidewalk and footpaths bordering on the
real property owned or occupied by them within:
(a)
24 hours in residential areas;
(b)
no later than 10:00 a.m. each day in commercial areas;
of the accumulation of such snow, ice, or rubbish on such sidewalk.
(4)
remove snow, ice, or rubbish from the roof or other part of any structure thereon
adjacent to or abutting on any portion of any street immediately if such constitutes
a danger to persons using the street by being so located as to impose the threat
of falling upon the street.
(5)
Where directed by the CAO, cut, trim or remove any tree, shrub, fence, hedge or
other item which obstructs the vision of persons using streets adjacent to the
property ensuring that the driver's line of sight is constantly maintained along any
street or arterial highway.
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19
Notwithstanding the above, no person shall perform or cause to be performed, any of the
following without first obtaining written permission from the CAO and in the case of an
arterial highway, permission from the Ministry:
(1)
alter any grades on any part of any street;
(2)
construct a driveway on any street;
(3)
plant or install any landscaping other than grass, turf, flowers, bedding plants or
low shrubs on any street.
20
No person shall remove, damage, kill or cut any boulevard tree unless ordered or
permitted to do so by the CAO.
21
No person shall erect or place any sign, sign board, advertisement, advertising device,
either permanent or portable, on any street or arterial highway or right of way unless a
permit for such placement has been first obtained from the CAO or in the case of an
arterial Highway or right of way, written permission from the Ministry, unless such sign is
a temporary or permanent traffic control device installed under the authority of this Bylaw.
22
No person shall discard, place, store or display any refuse, garbage, chattel or
obstruction on any street or arterial highway other than in compliance with the Town of
Osoyoos Garbage Collection & Disposal Bylaw as amended or in compliance with a
written permit issued by the Superintended or in compliance with a resolution of Council
authorizing special events which involve placement of goods on street, or in the case of
an arterial highway, written permission from the Ministry.
23
The CAO may issue permits for the placement, storage or display of any chattels or
obstruction on any street if:
(1)
(a)
placement of the chattels on the building side or curb side of the sidewalk
covers no more than one metre (1m or 3"3') of the sidewalk, measured from
the wall of the building or from the curb; and
(b)
placement of the chattels leaves a minimum, at all times, of one and one half
meters (1.5 m or 5") wide unobstructed corridor on the sidewalk for passage
of pedestrians and wheelchairs;
(2)
placement of the chattels shall not restrict vehicular or pedestrian traffic and shall
not interfere with, or reduce the visibility of any traffic control device, or in
appearance be confused with a traffic control device.
(3)
the business owner or operator shall provide the Town with the evidence of a
comprehensive general liability insurance policy containing a minimum of
$1,000,000 (one million dollars) of public liability and property damage. The policy
must name the Town of Osoyoos as additional insured (or in the case of along an
arterial highway, also naming the Province of British Columbia as additional named
insured), and notice of cancellation must be sent to the Town.
(4)
The business owner or operator shall complete the "Sidewalk Permit Agreement", a
copy of which is attached as Schedule "A" and can be obtained at the Town Office.
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(5)
The CAO is hereby authorized to execute the "Sidewalk Permit Agreement", a copy
which is attached as Schedule "A" to this Bylaw.
24
The CAO and the Bylaw Enforcement Officer are each authorized to remove, detain or
impound any chattel or obstruction unlawfully occupying any street, arterial highway or
public place.
25
Where any obstruction or chattel impounded under authority of this Bylaw consists of any
sign, advertising or guide post, it may be removed and disposed of with no compensation
to any person.
26
Any obstruction or chattel not claimed by its owner within thirty (30) days of it impounding
may be sold at public auction and the proceeds of such auction sale shall be applied
firstly to the costs of the sale, secondly to the fees and expense of the Town and the
balance, if any, shall be held for ninety (90) days from the date of sale for the owner, and
if unclaimed by that time, shall be paid into the general operating fund of the Town.
27
No obstruction or chattel shall be released until the Town has received payment for:
(1)
any fines and penalties legally due to the Town in respect of the unauthorized use
or placement of such chattels on a street; and
(2)
any fees or storage charges prescribed by resolution of council.
28
The Town, its members of Council, employees, officers or agents shall not be liable for
damage to any vehicles or chattels removed, detained or impounded under authority of
this Bylaw.
Part 7. - GENERAL
29
If any section, subsection or clause of this Bylaw is held to be invalid by the decision of
any court of competent jurisdiction, the invalid portion shall be severed and shall not
effect the validity of the remainder of this Bylaw.
30
Every person who violates any provision of this Bylaw is guilty of an offence and shall be
liable on summary conviction to a fine of not more than two thousand dollars ($2,000.00)
plus the cost of prosecution for each offence.
31
Every day or portion of day for which an offence continues shall constitute a new offence,
provided however that where an offense consists of leaving a vehicle stopped or parked
in excess of a specified time limit, the continuation of an offence beyond each elapsed
period of time so specified shall constitute a new offence, and separate charges may be
laid for each such time period in which an offence occurs.
32
The following sections of this Bylaw are enforceable by the Town as they relate to the
Highway 97 and Highway 3 corridors through the Town of Osoyoos boundaries:
4, 6, 7, 8, 9, 10, 11,12, 15, 16,17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30,
and 31.
33
Traffic Bylaw No. 1000, 1995 and all amendments thereto are hereby repealed.
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Read a first and second time on the 15th day of June, 2009.
Read a third time as amended on the 20th day of July, 2009.
Approved by the Minister of Transportation pursuant to Section 124(13) of the Motor Vehicle Act
on the 25th day of August, 2009.
Adopted on the 21st day of September, 2009.
[original signed by Mayor Wells]
[original signed by Janette Van Vianen]
_________________________________
_______________________________
Mayor
Corporate Administration Officer
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SCHEDULE "A"
TOWN OF OSOYOOS
Sidewalk Permit
THIS AGREEMENT made this _____ day of ________________________ , 20____.
BETWEEN:
The Town of Osoyoos
P.O. Box 3010
Osoyoos, BC
V0H 1V0
(Hereinafter called the "Permitter")
AND:
(Hereinafter called the "Permittee)
WHEREAS ________________________________ has applied to the Town of Osoyoos for a
permit to place encroachments onto the sidewalk in front of their business located at
________________________________ and more legally described as ___________________
____________________________ hereby agrees to indemnify and save harmless the Town of
Osoyoos, its' employees and agents from and against all claims, demands, loss costs, damages,
actions, suits or other proceedings in any way related to anything done or omitted to be done by
the Permittee in connection with a sign or other chattels for which this permit has been granted
pursuant to Osoyoos Traffic Bylaw No. 1256, 2009.
In consideration of the granting of this permit the Permittee agrees to carry a minimum of One
Million Dollars ($1 million) Liability Insurance on the above named business and legal parcel
named herein and will name the Town of Osoyoos as a third party on this insurance for
municipal roadways and the Province of British Columbia as a third party on this insurance for
provincial highways. (Copy of which must be supplied to the Town on application of this permit).
If at any time this insurance becomes void or cancelled then this permit is no longer valid and
the Permittee must forwith remove all encroachments on the sidewalk. As a further
consideration of this permit the Permittee must comply with the following.
1. Placement of chattels on the building side of the sidewalk will cover no more than one
metre (1 m) of the sidewalk measured from the property line or wall of the building.
2. Placement of chattels on the curb side of the sidewalk leaves a minimum of one and one
half metre (1.5 m) of unobstructed area from the building side to the chattels.
3. Placement of chattels on the sidewalk will leave a minimum of one and one half metres
(1.5 m) of unobstructed sidewalk at all times.
________________________
_________________________
Permitter:
Permittee: