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THE CORPORATION OF THE DISTRICT OF PEACHLAND
BYLAW NUMBER 1856
A Bylaw to Regulate Traffic within the Corporate Limits of the District of Peachland
This is a consolidated bylaw prepared by the Corporation of the District of Peachland for convenience
only. The Corporation does not warrant that the information contained in this consolidation is current. It
is the responsibility of the person using this consolidation to ensure that it accurately reflects current
bylaw provisions.
Amended by:
Bylaw No. 1957, Adopted on July 13, 2010
A BYLAW to Regulate Traffic within the Corporate Limits of the District of Peachland
WHEREAS pursuant to the Motor Vehicle Act, the Local Government Act and the Community Charter, the
Council is authorized to regulate traffic and use of highways within the municipality;
NOW, THEREFORE, the Council of the Corporation of the District of Peachland, in Open Meeting
assembled, ENACTS AS FOLLOWS:
DIVISION ONE - DEFINITIONS
In this Bylaw, and in any regulations or resolution passed pursuant to this Bylaw, unless the context
otherwise requires, words or phrases defined in the Motor Vehicle Act have the same meaning in this
Bylaw, unless otherwise defined in this Bylaw or in the Local Government Act or the Community Charter.
1.01
"Angle Parking" means parking a vehicle other than parallel to a curb, or lateral boundary of a
roadway.
1.02
"Building Bylaw" means the District of Peachland Building Bylaw Number 1308 adopted
February 7, 1995.
1.03
"Bus Zone" means a space on a highway marked by a sign or signs designating it as an area for
buses to stop for the purposes of loading or unloading passengers.
1.04
"Bylaw" means this Bylaw and includes resolutions passed pursuant thereto.
1.05
"Clerk" means the person appointed by the Council as the officer assigned the responsibility of
corporate administration.
1.06
"Council" means the municipal Council of the District of Peachland.
1.07
"Director of Operations" means the person appointed by Council to this position.
1.08
"Disabled Person" is a disabled person as that term is defined in the regulations.
1.09
"Disabled Persons Parking Permit" means a Disabled Persons Parking Permit issued pursuant to
the Regulations.
1.10
"Disabled Zone" means that part of a highway or public place identified by the disabled parking
sign specified in the Regulations.
1.11
"District" means the District of Peachland, or the area within the boundaries of the District of
Peachland.
1.11.1 "Extraordinary Traffic" means the carriage of more than 145,000 kilograms of goods in one
day.
1.11.2 "Farm Vehicle" means a tractor or combine operating on a highway in connection with a
farming operation.
1.12
"Fire Chief" means the person appointed by Council as the Fire Chief for the District of
Peachland.
1.13
"Fire Lane" means areas including driveways and other traffic circulation areas where Fire Exit
signs are displayed.
1.14
"Fire Zone" means that portion of a highway contained with the projected extension of the lateral
boundaries of every parcel of land upon which a fire hall or fire station is constructed.
1.14.1 "GVW" Means the gross vehicle weight of a vehicle as indicated on the exterior of the
vehicle or if not shown on the exterior, then on the licensing papers for that vehicle.
1.15
"Highway" means and includes a public street, path, walkway, trail, lane, bridge, road,
thoroughfare, and any other public way which does not include an arterial highway as defined by
the Highway Act.
1.16
"Lane" means a public thoroughfare not exceeding 8 meters in width separating the rear property
lines of parcels fronting on highways more or less parallel to and on each side of that
thoroughfare.
1.17
"Loading Zone" means a space on a highway marked by a sign or signs pursuant to this Bylaw as
an area for the purposes of loading or unloading vehicles.
1.18
"Municipal Vehicle" means any vehicle owned or leased by the District and includes vehicles
operated on behalf of the District.
1.18.1 "Overload Permit" means a permit issued under section 11.05.
1.18.2 "Oversize Permit" means a permit issued under section 11.11.
1.19
"Pedestrian" means a person afoot, a child in a carriage, or an invalid in a non-motorized and/or
motorized wheel chair.
1.20
"Private Road" means every way or place in private ownership and used for vehicles travel by the
owner and those having permission from the owner.
1.21
"Procession" means any gathering of more than twenty (20) pedestrians or more than ten (10)
vehicles (except funeral processions) upon a highway.
1.22
"Regulations" means all regulations enacted pursuant to the Motor Vehicle Act.
1.23
"Residential Dwelling Units" means a housekeeping unit designed, occupied, or intended for
occupancy, as separate living quarters, with cooking, sleeping and sanitary facilities provided
within the dwelling unit for the exclusive use of a family maintaining a household.
1.23(i) "Road Right-of-way" means that portion legally dedicated as highway between adjacent property
boundaries, and includes the boulevard, roadway, sidewalk and cycle path.
1.24
"Traffic Officer" means any official or employee of the District whose designated duties include
the regulation or control of traffic or parking within the District, and peace officers employed by
any agency.
1.25
"Truck" means a vehicle licensed for a GVW of 4,600 kilograms or greater.
1.26
"Truck Route" means those highways listed in Schedule "C", and those highways may be
changed and future highways added from time to time by a resolution or bylaw of Council,
and identified as a truck route by signage.
1.26.1 "Vehicle Projections Permit" means a permit issued under section 11.18.
DIVISION TWO - ADMINISTRATION
2.01
No person shall obstruct or interfere with the free flow of traffic or control or detour traffic on any
highway or lane, whether by use of signs or flagmen or barricades or other physical obstruction,
on the highway, provided this section shall not apply to:
a)
a peace officer acting in the course of his duty;
b)
a school patrol acting under the authority of the School Act;
c)
emergency vehicles, public utility or municipal vehicles while making repairs or
improvements to or on a highway or lane; and
d)
vehicles while obeying the instructions of a traffic control device or peace officer.
2.02
Where traffic control devices are erected or placed on or adjacent to any highway, no person
shall act contrary to the traffic control device, except where directed to do so by a Traffic Officer.
2.03
The Director of Operations or the Fire Chief may erect temporary traffic control devices:
a)
in the interest of public safety; or
b)
to facilitate the fighting of a fire; or
c)
to enable work to be done on a highway, such as clearing of snow, cleaning, repairing,
excavating, or decorating; or
d)
to prohibit operation of vehicles which are not equipped with chains or winter tires.
2.04
The Director of Operations shall:
a)
have traffic control devices and signs erected, where necessary or desirable, to give
notice of a regulation made pursuant to this Bylaw; or
b)
replace or alter traffic control devices to give effect to the provisions of the Motor Vehicle
Act and/or this Bylaw; or
c)
prohibit the use of vehicles not equipped with chains, snow tires, or sanding devices.
2.05
The provisions to this Bylaw prohibiting the stopping, standing or parking of vehicles shall not
apply to:
a)
emergency vehicles;
b)
municipal vehicles or public utility vehicles while engaged in highway or public utility
construction or maintenance work, under or over the surface of a highway;
c)
tow trucks while such vehicles are engaged in work requiring them to be stopped in a
manner contrary to this Bylaw, provided this exemption shall not relieve the operations of
such vehicles from taking precautions to indicate the presence of such vehicle on the
street while so parked or stopped; or
d)
any vehicle stopped on the highway where the vehicle is stopped on the highway by
reason of an emergency, provided this shall not relieve the operators of such vehicles
from taking sufficient precautions to indicate the presence of the vehicle on the highway
to other vehicles on the highway.
DIVISION THREE - APPLICATION
3.01
This Bylaw shall not apply to an arterial highway as defined in the Highway Act, unless
application has been approved by the Ministry of Transportation and Highways.
3.02
Unless the context otherwise requires:
a)
provisions of this Bylaw relating to pedestrians and operation of vehicles, refer to
pedestrians and operation of vehicles upon a highway within the boundaries of the
District of Peachland; and
b)
a person riding an animal, or driving an animal-drawn vehicle, upon a highway has all the
rights and is subject to all the duties that a driver of a vehicle has under this Bylaw.
3.03
No part of Division Eleven of this Bylaw, except sections 11.01 and 11.09, applies to farm
vehicles operating on a highway.
3.04
Every provision of this Bylaw that refers to a vehicle applies equally to a combination of
vehicles.
DIVISION FOUR - GENERAL PARKING RESTRICTIONS
4.01
Except when necessary to avoid conflict with traffic or to comply with direction of a Peace Officer
or traffic control device, no person shall stop, stand, or park a vehicle:
a)
upon or within six (6) meters of any intersecting highway or crosswalk, unless permitted
by a traffic control devise; or
b)
in a bus zone; or
c)
within five (5) meters of a fire hydrant measured from a point on the curb or edge of the
roadway that is closest to the fire hydrant; or
d)
alongside a curb painted yellow or a yellow line painted on the side of the roadway where
no curb is present, which shall designate restricted parking; or
e)
in a place in contravention of a traffic control device that gives notice that stopping,
standing or parking there is prohibited or restricted; or
f)
on any portion of a highway where lines, markings, or other signs are placed indicating
the manner in which vehicles shall be parked, except in conformance with such lines,
markings and/or signs; or
g)
upon or in any lane unless the vehicle is being continuously and expeditiously loaded or
unloaded for a maximum time of fifteen (15) minutes; or
h)
on the paved portion of a highway where the pavement is six (6) meters or less in width;
or
i)
on a sidewalk or boulevard; or
j)
on a highway in such a manner as to obstruct or impede the normal flow of traffic; or
k)
with the right hand side of a vehicle and wheels no further than thirty (30) centimeters
from the face of the curb except where authorized by a sign authorizing an angled
parking space; or
l)
on the left hand side of a highway in the opposite direction of the normal flow of traffic; or
m)
in front of or within one (1) meter of a driveway access, private road; or
n)
having a length in excess of six (6) meters including a load or trailer upon a portion of a
highway reserved for angle parking; or
o)
offering commodities and/or displaying the vehicle for sale; or
p)
within two (2) meters of any intersecting lane;
q)
at any angle to the street line except where authorized to do so by sign establishing an
angled parking space pursuant to this Bylaw; or
r)
at any angle to the street line except where authorized to do so by sign establishing an
angled parking space pursuant to this Bylaw; or
s)
for consecutive periods longer than seventy-two (72) hours; or
t)
in a fire zone; or
u)
in any loading zone unless actually engaged in loading or unloading of goods or
passengers; or
v)
upon a bridge except as permitted by any applicable traffic control device; or
w)
on a walkway or crosswalk; or
x)
in a disabled zone, unless that vehicle has a permit that is suspended from the rear-view
mirror inside the vehicle so it is on plain view of any person looking through the
windshield from a point adjacent to the vehicle; or Bylaw 1819:
y)
overnight on Beach Avenue for vehicles described as recreational vehicles, campers,
commercial vehicles and trailers whether or not attached to a vehicle.
4.02
No person shall park or leave unattended, a vehicle or loaded or unloaded trailer used for
conveyance of hazardous materials. Temporary parking is permitted when making deliveries
only.
4.03
No person shall park a vehicle in a parking space designated for use by disabled persons, unless
such vehicle displays a valid identification sticker.
4.04
No person shall double-park a vehicle on a highway.
4.05
Where in locations traffic devices listed in Schedule "C", attached to and forming part of this
Bylaw, are displayed, indicating the time allowed for parking is limited, no person who has parked
a vehicle shall allow such vehicle to remain parked for any further period of time.
DIVISION FIVE - DIRECTOR OF OPERATIONS POWERS
5.01
The Director of Operations is authorized to order the placing or erection of traffic control devices
at such locations as he deems appropriate for regulation of the following traffic matters, and by
those orders to exercise the following powers of the District under this Bylaw:
a)
regulation, control, prohibition of pedestrian traffic, animal traffic, vehicular traffic, and
cycle traffic on sidewalks, walkways, boulevards, lanes at intersections of lanes or
walkways;
b)
regulation, control, or prohibition of stopping, standing or parking of vehicles;
c)
setting apart and allotting portions of highways adjacent to federal, provincial or District
buildings for the exclusive use of officials and officers engaged therein for the parking of
vehicles, and regulations of such parking;
d)
providing for establishment and use of loading, commercial and passenger zones and for
designation of such zones;
e)
on a highway where construction, reconstruction, widening, repair, marking or other work
is being carried out, providing an indication that crews or equipment are working;
f)
regulating or prohibiting pedestrian traffic on highways other than at crosswalks;
g)
establishing school crossings and regulating and controlling pedestrian and vehicular
traffic with respect to such crossings;
h)
regulating traffic passing by or in the vicinity of schools through the use of traffic patrols,
and vesting in school children or other persons employed in traffic patrols power to
require vehicles to stop at school crossings or other designated places on a highway;
i)
providing for the establishment and use of taxi stands and their designation; and
j)
providing for the establishment and use of bus zones and their designation.
DIVISION SIX - TRAFFIC CONTROL DEVICES
6.01
Traffic control devices shall have the same meaning as the corresponding device in the
regulations, and where a device is not included in the Motor Vehicle Act and the regulations, it
shall have the meaning ascribed to it in the latest edition of the "Manual of Uniform Traffic Control
Devices of Canada", as the Manual may be amended from time to time.
6.02
Traffic control devices may, from time to time, be placed by a Traffic Officer or by the Director of
Operations, in the interest of public safety, to facilitate the fighting of a fire, to prohibit operation of
vehicles which are not equipped with chains or winter tires, or to regulate or prohibit traffic in the
vicinity of work as required by a highway where construction, reconstruction, widening, repair,
marking, or other work is being carried out.
6.03
The Director of Operations may rescind, revoke, amend, or vary an order made under this
Division.
6.05
The Director of Operations may place or erect, or cause to be placed or erected, traffic control
devices to give effect to any provision of this Bylaw.
DIVISION SEVEN - SPEED LIMIT
7.01
No person shall drive or operate a vehicle or other means of conveyance on a highway at a
speed greater than fifty (50) kilometres per hour, except as otherwise posted on a traffic control
sign.
7.02
Notwithstanding Section 7.01, no person shall drive or operate a vehicle or other means of
conveyance upon any lane or in school or playground zones or other locations posted, at a speed
greater than thirty (30) kilometres per hour.
DIVISION EIGHT - DISABLED ZONES
8.01
The Director of Operations may:
a)
make orders for the designation and specification of disabled zones; and
b)
rescind, revoke, amend, and vary an order under subsection a).
8.02
Council designates the Social Planning and Research Council of British Columbia as the
organization responsible for issuing and cancelling Disabled Persons Parking Permit pursuant to
their regulations.
8.03
An application for a permit shall be made by or on behalf of a disabled person to the Social
Planning and Research Council of British Columbia.
DIVISION NINE - CONTROL OF TRAFFIC
9.01
No person shall park any truck of a gross vehicle weight greater than 5,000 kilograms G.V.W.
licensed under the Motor Vehicle Act or Commercial Transport Act, on any highway located in a
part of the District that is zoned for residential use by the Zoning Bylaw of the District.
9.02
Temporary highway closure permits may be issued to persons requiring partial or complete
closure of a highway for the purpose of construction on or adjacent to a highway:
a)
as a condition of issuance of a permit a fee in the amount set out in Schedule "B",
attached to and forming part of this Bylaw, shall be submitted with every application; and
b)
the permit issued by the District Director of Operations under this section shall be in the
form contained in Schedule "A", attached to and forming part of this Bylaw.
9.03
Except as authorized in writing by the Director of Operations, no person shall:
a)
build, construct, place, or maintain, or cause to be built, constructed, placed, or
maintained in, upon, or over any highway or lane, any structure, sign, building fence or
thing, or plant any tree, shrub or plant other than grass upon any boulevard;
b)
break, tear up, remove or otherwise interfere with any sidewalk, curb or surfacing of any
highway, walkway or lane, or excavate in any highway, walkway, or lane, or under any
highway, walkway, or lane, or remove trees or timber growing on a highway;
c)
construct a boulevard crossing;
d)
change the level of a highway whatsoever, or stop the flow of water through any drain,
sewer or culvert on or under a highway; or
e)
open up, construct or develop any highway, or improve any highway, or do works of any
kind on any highway or lane allowance dedicated for public use by any plan, bylaw of the
District, or notice in the Gazette and over which the District has right of possession.
No person shall interfere in any way with any barrier, lamp, sign or other device placed
under the authority of the District upon any highway at or near any excavation or other
work being performed under the authority of the District.
DIVISION TEN - PARADES, PROCESSIONS, ASSEMBLIES AND SOLICITATIONS
10.01
No person, or group of persons, shall be present on a highway in such a manner as to obstruct
free passage of pedestrian or vehicles, except with written permission of the Director of
Operations under this section in the form contained in Schedule "A", attached to and forming part
of this Bylaw.
10.02
No person shall:
a)
engage in any sport, amusement, exercise, or occupation on the traveled portion of any
highway; or
b)
unnecessarily delay the passenger vehicle; or
c)
cause any obstruction or encumbrance whatsoever on any highway; or
d)
coast, slide or use roller-skates, skateboards, sleighs, ice skates, skis, or other similar
means of conveyance on any highway or sidewalk.
10.03
Notwithstanding Section 10.01 and 10.02 of this Bylaw, Council may, by resolution, close any
highway or part thereof for the purpose of permitting the use of roller-skates, skateboards,
sleighs, ice skates, skis or other similar means of conveyance thereon Council may, for the
purpose of protecting persons using a closed portion of highway, cause such traffic control
devices as it or the Director of Operations deems necessary to be erected, placed or marked
thereon.
10.04
No person shall be a member of, or take part in, a procession unless:
a)
such procession is under direction or control by one person as Marshall, or organizer;
and
b)
a written permit for such procession has been issued by Council to such Marshall or
organizer.
10.05
Application for a permit for a procession shall be made, in writing, to the Director of Operations
prior to the date of the procession specifying the nature of the procession, date and hour which
the procession is to be held, place of formation, route to be taken and point of disbandment.
10.06
Division Ten, Sections 10.01 through 10.04, do not apply to funeral processions.
10.07
Where a procession is lawfully in progress, or a funeral procession is in progress, no pedestrian
or vehicle shall cross or interfere with the procession.
10.08
The Director of Operations may grant to any organization the privilege of using any highway, or
highways or portions thereof, on certain specified dates.
DIVISION ELEVEN - VEHICLE DIMENSIONS AND LOADS
Truck Routes
11.01
No person shall operate a truck on any highway other than on a truck route, except a
person may operate a truck on a highway that is not a truck route for the purpose of
moving the truck by the most direct route between a truck route and either:
(a)
the location where the truck is loaded or unloaded;
(b)
the construction or maintenance site where the truck is engaged;
(c)
the location where the truck is stored.
For certainty, the restriction in this section 11.01 applies even if the operator is in
compliance with the other parts of this Division Eleven, or even if an overload permit,
oversize permit or vehicle projections permit has been issued under this bylaw.
Limit on Vehicle Weights
11.02
Unless an overload permit has been issued pursuant to section 11.05, no person may
operate on a highway, a vehicle that is not designed to carry a load the actual weight
which exceeds the GVW of that vehicle.
Limit on Loads
11.03
Unless an overload permit has been issued pursuant to section 11.05, no person may
operate on a highway, a vehicle designed to carry a load if the actual weight of the vehicle,
with load, is greater than:
(a)
70% of the legal axle loading at times that signage to this effect is posted; and
(b)
the GVW of that vehicle at other times
11.04
The Director is authorized to post signage pursuant to section 11.03(a) of this bylaw at
`times when the Director considers that temperatures or excess water in the road base, or
other road conditions warrant this restriction.
Overload Permits
11.05
On application by the owner or operator of a vehicle which exceeds the weight limit in
either section 11.02 or section 11.03, the Director may issue an overload permit in
substantially the form attached as Schedule "D", and upon paying the fee stipulated in
Schedule "B".
11.06
No Overload Permit may be issued for longer than one month and no more than three
Overload Permits may be issued in respect of the same vehicle within one calendar year.
11.07
No Overload Permit may be issued which would cause the vehicle to exceed the Gross
Vehicle Weight Rating (GVWR) for that vehicle.
11.08
No Overload Permit may be issued unless the owner or operator of the vehicle provides to
the Director security in the form of a bond, cash deposit, or irrevocable letter of credit, in
the amount of $1000.00, for potential highway damage that may be caused by that
overloaded vehicle.
Carrying of Loads
11.09
No person shall use or have present on a highway a vehicle unless it is so constructed or
loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping.
Limit on Sizes
11.10
Unless an oversize permit has been issued pursuant to section 11.11, no person may
operate a vehicle on a highway, with or without a load, of a size larger than permitted for
that vehicle and, if applicable, vehicle with load under the Commercial Transport
Regulations.
Oversize Permits
11.11
On application by the owner or operator of a vehicle, with or without a load, which exceeds
the size permitted under the Commercial Transport Regulations, the Director may issue an
oversize permit in substantially the form attached as Schedule "D", and upon paying the
fee stipulated in Schedule "B".
11.12
No oversize permit may be issued for longer than one month and no more than three
oversize permits may be issued in respect of the same vehicle within one calendar year.
11.13
No oversize permit may be issued which would cause the vehicle and/or its load to exceed
the dimensions authorized by a provincial oversize permit under the Commercial
Transport Regulations.
Extraordinary Traffic
11.14
Notwithstanding the issuance of an overload permit, oversize permit or other permission
by the District, no owner, operator, or other person in charge of a vehicle, or person
owning the goods carried by a vehicle, shall use Princeton Avenue, or permit Princeton
Avenue to be used, for extraordinary traffic.
11.15
If a person enters into an extraordinary traffic agreement with the District pursuant to
Section 42 of the Community Charter, agreeing to pay reasonable compensation to the
District for the damage to Princeton Avenue caused or the resulting expense to the District
that may be caused by the person's use of Princeton Avenue, then for so long as the
person is in compliance with the agreement, the person is not subject to section 11.14 of
this Bylaw.
Vehicles with Spikes, Cleats
11.16
No person shall drive any vehicle having wheels, tires or tracks constructed or equipped
with projecting spikes, cleats, ribs, clamps, flanges, lugs or other attachments or
projections engaging the roadway unless a vehicle projections permit has been issued
under section 11.18.
Vehicle Projections Permit
11.17
On application by an owner or operator of a vehicle having wheels, tires or tracks
constructed or equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs or other
attachments or projections engaging the roadway, the Director may issue a vehicle
projections permit in substantially the form attached as Schedule "A", and upon paying
the fees in Schedule "B".
11.18
No vehicle projections permit may be issued for longer than one month and no more than
three vehicle projections permits may be issued in respect of the same vehicle within one
calendar year.
!
DIVISION TWELVE - PEDESTRIAN TRAFFIC
12.01
Where a traffic device is provided to facilitate crossing a highway, no pedestrian shall, within a
distance of one hundred (100) meters (329 feet) from that device, cross the highway at any place
other than at that traffic control device.
12.02
Upon being approached by an emergency vehicle displaying flashing lights or sounding a siren or
other audible signal, a pedestrian on a highway shall immediately move off the traveled portion of
a highway until such vehicle has passed the pedestrian or stopped.
12.03
When water, mud, snow, or slush is on any highway, the driver of a vehicle shall reduce the
speed of the vehicle so as to avoid splashing any pedestrian.
DIVISION THIRTEEN - BICYCLES
13.01
No person shall leave a bicycle in a reclining position on a highway, walkway, or any public place.
13.02
Where stands are provided for use by bicycles, no person shall leave a bicycle on any highway or
public place except in an upright position in the bicycle stand.
13.03
No person shall ride a bicycle on a walkway, unless authorized to do so by a traffic control device.
DIVISION FOURTEEN - INTERFERENCE WITH TRAFFIC AND SIGNS
14.01
No person shall establish, place, maintain, or display in, upon, or in view of a highway, any sign,
signal, or other device that purports to be, or is in imitation of, or in any way resembles any traffic
sign or traffic control device, except as authorized by this Bylaw.
14.02
No person shall obliterate, deface, damage, injure, move, obstruct, or otherwise interfere with any
traffic control device erected, placed, or maintained pursuant to this Bylaw.
14.03
Any person having driven a vehicle involved in an accident and which vehicle has been wrecked
or damaged as a result thereof, shall be responsible for the removal of any glass or other
injurious substances deposited upon the highway surface as the result of the accident or the
removal of the vehicle.
14.04
Except as authorized in writing by the Director of Operations, no person shall deposit, or permit to
be deposited, any oil, gasoline, or similar substance on any highway.
14.05
No person shall place, throw, or cause to be placed, deposited, or to flow upon a highway or
walkway, any noxious, offensive or filthy water or substance or any empty bottle, glass container,
or any other article, whether broken or intact, or any earth, refuse, debris, derelict motor vehicle,
or any other thing.
14.06
No person owning or occupying a parcel abutting on or contiguous to a highway or walkway, shall
allow or permit earth, rock, stone, logs, stumps, or other substances or materials to cave in, fall,
crumble, slide, accumulate or be otherwise deposited from the parcel onto the highway or
walkways, or having been so deposited, to remain on the highway or walkway.
14.07
No owner or occupier of a parcel shall permit any flow of water on or over any highway or
walkway from the parcel.
14.08
No person shall construct or maintain a ditch, sewer, or drain, the effluent from which causes
damage, fouling, nuisance, or injury to any portion of a highway or walkway.
14.09
Every owner or occupier of a parcel shall remove all ice and snow from all sidewalks adjacent to
that parcel so that the sidewalks are not covered by snow or ice between the hours of 8:00 a.m.
and 8:00 p.m.
14.10
Every owner or occupier of land contiguous to a road right-of-way will maintain and keep the said
road right-of-way in a tidy and sightly condition.
14.11
No person will throw, leave or deposit, or allow any accumulation of dirt, debris or rubbish on any
road right-of-way.
DIVISION FIFTEEN - ACCESS TO HIGHWAYS
15.01
Prohibitions
No person shall, without the written consent of the Director of Operations:
a)
construct, install, or replace any access culvert or ditch enclosure in or upon any
drainage ditch or boulevard on a highway; or
b)
construct any drainage ditch on a highway; or
c)
deposit material of any kind into any drainage ditch or upon any boulevard on a highway.
15.02
Removal at Owner's Cost
Any access culvert or ditch enclosure constructed or installed in violation of this Bylaw may be
removed by the District at the expense of the owner of the parcel fronting the access culvert or
ditch enclosure.
Material of any kind which is deposited in any drainage ditch or facility may be removed by the
District at the expense of the owner of the parcel fronting the location where the material was
removed.
15.03
Procedure for Obtaining Access Culvert
a)
Application
A person may apply to the Director of Operations for installation by the District of an access
culvert to a parcel.
b)
Cost
The cost of installing an access culvert by the District shall be as indicated in Schedule "B",
attached to and forming part of this Bylaw, such payment to be made to the District prior to the
commencement of the installation.
15.04
Procedure for Obtaining Ditch Enclosure or Ditch Construction
a)
Application
A person may apply to the Director of Operations for construction of a ditch enclosure or
excavation of a drainage ditch by the District.
b)
Cost
The cost of the District installing a ditch enclosure for constructing a drainage ditch shall be as
indicated in Schedule "B", attached to and forming part of this, such payment to be made to the
District prior to commencement of the construction or excavation.
DIVISION SIXTEEN - IMPOUNDING PROVISIONS
16.01
When any vehicle or other chattel or obstruction is unlawfully occupying a portion of a highway or
public place:
a)
in violation of a provision of this Bylaw; or
b)
in a position that interferes with removal of snow, ice, or sand from a highway; or
c)
in a position that interferes with fire fighting; or
d)
in a position that interferes with construction, marking, repair, or maintenance of a
highway; or
e)
without license plates displayed as required by the Motor Vehicle Act;
the District Director of Operations, Bylaw Enforcement Officer, or a Peace Officer, may take such
vehicle, chattel, or obstruction into custody and cause it to be removed, detained, or impounded.
16.02
The District may recover its fees, costs and expenses for such removal, detention, or impounding
and storage, either from the owner, or by sale at public auction.
16.03
The fees of the District for such storage, in addition to any other costs or expenses which might
be incurred for removal and storage, are as set out in Schedule "B", attached to and forming part
of this Bylaw.
16.04
Before offering a vehicle for sale, pursuant to this Bylaw's Impounding Provisions, a demand for
payment within thirty (30) days shall be sent by registered mail to the address of the owner as
shown on the records of the Superintendent of Motor Vehicles of the province or state in which
the vehicle was licensed.
DIVISION SEVENTEEN - OFFENCE
17.01
Any person who breaches any provision of this Bylaw commits an offence and is liable, on
summary conviction, to a fine not exceeding Two Thousand Dollars ($2,000.00) or to
imprisonment to not more than six (6) months, or to both, plus the cost of prosecution.
When notice of an offence is issued pursuant to this Bylaw, fines for that offence are as set out in
the District of Peachland Ticket Information Utilization Bylaw, where applicable.
17.02
Any vehicle or chattel unlawfully occupying any portion of a highway or public place may be
removed or impounded by order of the Director of Operations or Bylaw Enforcement Officer. A
removal fee in the amount invoiced by the towing company and an impoundment fee of the
greater of $17.00 per day of actual invoice from storage company for each day, or part of a day,
during which the vehicle is impounded shall be paid by the owner of the vehicle or chattel before
release of the vehicle or chattel. The District may recover all removal and impoundment fees
imposed under this Bylaw on a vehicle or chattel by sale of the vehicles or chattel by public sale,
not less than thirty (30) days after the date of impoundment of the vehicle or chattel or by auction
in a Court of competent jurisdiction.
17.03
Any sign, advertisement, or guide post placed or maintained in contravention of this Bylaw may
be altered, repainted, torn down, or removed by the Director of Operations, or a traffic officer,
without compensation to any person.
17.04
In addition to any other penalty which may be incurred, anyone failing to comply with the
provisions of this Bylaw within the time limited therefore, or within a reasonable time upon notice
to that effect by the District, shall be subject to the District carrying out any such work at the
expense of the offender, and any charges or costs incurred by the District in this regard shall be
recoverable.
17.05
Owner of a vehicle shall incur the penalties provided for any offence of this Bylaw with respect to
any vehicle owned by them unless at the time of such offence, the vehicle was in possession of
another person without the owner's consent. Onus of establishing that the vehicle was in
possession of some person other than the owner rests with the owner.
Nothing in this section shall relieve the operator of a vehicle not being the owner, from incurring
penalties provided for such offence.
17.06
The Bylaw Enforcement Officer or Peace Officer or any person duly authorized may:
a)
issue offence notices for violation of this Bylaw; or
b)
impound any vehicle, trailer or cycle that is in violation of this Bylaw; or
c)
require the driver of any vehicle to weigh same at any weigh scale forthwith.
DIVISION EIGHTEEN - GENERAL
18.01
Schedules "A" and "B" are attached hereto and form part of this Bylaw.
18.02
This Bylaw may be cited for all purposes as "Traffic Regulation Bylaw No. 1856, 2007".
READ A FIRST TIME This 23rd Day of October, 2007.
READ A SECOND TIME This 23rd Day of October, 2007.
READ A THIRD TIME This 23rd Day of October, 2007.
RECONSIDERED AND FINALLY ADOPTED This 13th Day of November, 2007.
________________________________
_______________________________
Mayor
Corporate Officer
Dated at Peachland, B.C.
This 14th Day of November, 2007.
SCHEDULE "A"
PERMIT APPLICATION FORM
___________________________________________________________________________________
Applicant's Name
____________________________________________________________________________________
Mailing Address
____________________________________________________________________________________
Location of Proposed Activity
Start Date/Time
Completion Date/Time
Have affected neighbouring property owners been notified?
[ ] Yes [
] No
Is a street closure required?
[ ] Yes [ ] No
Will re-routing buses and emergency traffic be required?
[ ] Yes [ ] No
Will utilities be shut off?
[ ] Yes [ ] No
EXCAVATION:
Size (length)______________ (Width)______________ (Depth)__________________
Distance to pavement edge ______________________________________________
Purpose _____________________________________________________________
OVERSIZE VEHICLES:
Length__________ Width__________ Axle Load__________, __________, __________
VEHICLE EQUIPPED WITH:
Projecting spikes_____ Cleats_____ Ribs_____ Clamps_____
Flanges __________ Lugs ________ Other Attachments __________
SPECIAL EVENT:
Pedestrians ________________________ Vehicles____________________________
Route (Attach Map)
FOR OFFICE USE ONLY
Permission is granted for ____________________ subject to the conditions listed: __________________
Insurance
[ ] Yes [ ] No
Amount of Deposit __________________________-
Receipt No.
___________________________
Inspected By
___________________________
Amount of Refund ___________________________
___________________________
Director of Operations
SCHEDULE "B"
FEES AND CHARGES
1.
The fees for an Overload permit and an Oversize Permit and a Vehicle Projections Permit
are:
Fee for one day or less - $100.00
Fee for greater than one day up to one week - $200.00
Fee for greater than one week up to one month - $1000.00
2.
The temporary Highway Closure Permit fee is:
$100.00 per day, or part thereof
3.
Removal fees:
Actual cost of invoice from towing company
4.
Impoundment fees:
Great of $17.00 per day or actual invoice form towing/storage company.
SCHEDULE "C"
List of Truck Routes
Princeton Avenue
SCHEDULE "D"
Permit
____________________________________________________________________________
Name
____________________________________________________________________________
Address
Permission is granted for __________________________________________ to conduct the
following activity on ____________/ or from _________ to _______________:
date
date
date
Overload Hauling
Other ____________________________________
Oversize Hauling
Conditions (include time restrictions, route restrictions, dates, and any other restrictions):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Insurance
Yes
No
Amount of Deposit
____________________________
Fee Payable
____________________________
Approved
or
Denied
this ________ day of ______________, 20___.
_______________________________________________________
Director of Operations or Designate