Port Coquitlam, British Columbia
· adopted 2018-06-12
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Snapshot 9250c90d4a2e · verified 2026-08-28 ·
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1
HIGHWAY USE BYLAW
NO. 4033
A Bylaw to regulate and prohibit the use of highways within
the boundaries of the City of Port Coquitlam.
WHEREAS the Council of the Corporation of the City of Port Coquitlam wishes to ensure the
safe and orderly use of highways within the boundaries of the City;
WHEREAS pursuant to section 124 of the Motor Vehicle Act and section 36 of the Community
Charter, Council of the Corporation of the City of Port Coquitlam is authorized to regulate
traffic and the use of highways;
NOW THEREFORE the Council of the Corporation of the City of Port Coquitlam enacts as
follows:
Citation
1.
This bylaw may be cited for all purposes as the "Highway Use Bylaw, 2018, No. 4033
Repeal
2.
The following bylaws passed and amendments thereto are repealed:
(1)
City of Port Coquitlam Extraordinary Traffic Regulation Bylaw, 1971, No. 1119;
(2)
Port Coquitlam Highway Bylaw, 1984, No. 2011;
(3)
Highway Utilities Installation Bylaw, 1990, No. 2507;
(4)
Highway and Pedestrian Ditch Crossings Bylaw, 1995, No. 2989;
(5)
Encroachment Bylaw, 1996, No. 3023;
(6)
Traffic Regulation Bylaw, 1998, No. 3155;
(7)
Newspaper Box Regulation Bylaw No. 3534;
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DIVISION 1 - INTERPRETATION
Severability
3.
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the
invalid portion must be severed and the remainder of this bylaw is deemed to have
been adopted without the severed section, subsection, paragraph, subparagraph, clause
or phrase.
Definitions
4.
In this bylaw, any reference to bylaws of the City refer to those bylaws, as amended or
replaced from time to time.
5.
In this bylaw, unless the context otherwise requires, words shall be as defined in the
Motor Vehicle Act, R.S.B.C. 1996, c. 318.
6.
In this bylaw, unless the context otherwise requires:
BOULEVARD
means any portion of the area from the edge of the pavement or curb of
a highway, or where there is no pavement or curb from the edge of the
traveled portion of the highway, to the property line; and on a street
designated for the segregation of traffic traveling opposite directions by
leaving a central portion thereof in an underdeveloped state or improved
by paving or by the planting or grass or shrubs, then the portion of the
street so left shall be included in the term boulevard, and includes the
space below and above the surface of the land;
CITY
means The Corporation of the City of Port Coquitlam;
CITY CLERK
means the person appointed by Council to that position and includes
anyone authorized by Council to act on behalf of the City Clerk;
COUNCIL
means the Municipal Council of The Corporation of the City of Port
Coquitlam;
CONSTRUCTION
includes the original construction of a new highway and also the work of
reconstructing or putting a highway or any section in repair by general
and continuous regrading or remetalling of its surface, or by building,
rebuilding or enlarging bridges, or by executing other highway work of
improvement or protection classified by the engineer as substantial;
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CROSSWALK
means:
(1)
a portion of the roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by signs or by lines or other
markings on the road the surface; or
(2)
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 absence of curbs, from the edges of the
roadway;
CURB LINE
means the edge of a sidewalk or boulevard adjoining a roadway;
CYCLE
means a unicycle, bicycle or tricycle;
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 PERSONS'
PARKING PERMIT
means a parking permit issued to a disabled person pursuant to the
Regulations;
DISABLED ZONE
means a part of a highway or public place identified by a disabled parking
sign as specified in the Regulations;
ENGINEER
means the Director of Engineering & Public Works or designate of the
City;
FEES AND CHARGES means the City's current Fees and Charges Bylaw;
BYLAW
HIGHWAY
includes every highway within the meaning of the Transportation Act,
S.B.C. 2004, c. 44 and amendments thereto, and every road, street, lane
or right-of-way designed or intended for or used by the general public for
the passage of vehicles, and every private place or passage way to which
the public, for the purpose of the parking or servicing of vehicles has
access or is invited, and includes disabled zones and the roadway,
shoulder, boulevard, ditch and sidewalk, and whatever lands lie between
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the property lines of the highway, and further includes every Off-Street
Parking Facility;
LANE
means a highway abutting the rear or side property lines of parcels of
land and intended primarily to give access to the rear or side yards of
such parcels of land;
MAINTENANCE
means the work, subsequent to the construction of a highway, of
preserving and keeping it in repair, including the making, cleaning and
keeping open ditches, gutters, drains, and water courses, and the
repairing of retaining walls, cribs, river protection works and other works
necessary to keep open and maintain the highway for the use by the
traffic for which it is required;
MOTOR VEHICLE
OR VEHICLE
means a vehicle, not run on rails, that is designed to be to be self
propelled or propelled by electric power obtained from overhear trolley
wires or on-board storage batteries, but does not include a motorized
wheelchair (a "scooter");
OFF-STREET
PARKING FACILITY
means any real property owned, leased, possessed or otherwise held by
the City from time to time, for the purpose of providing off-street
parking;
PARK, PARKING
OR PARKED
means the standing of a vehicle, whether occupied or not, upon a
highway except when standing temporarily for the purpose of and while
actually engaged in loading or unloading of merchandise, discharging or
taking on passengers, or in obedience to traffic regulations or traffic signs
or signals;
PRIVATE ROAD
OR DRIVEWAY
means every road or driveway not owned or possessed by the Crown or
the City;
REGULATIONS
means the regulations to the Motor Vehicle Act (British Columbia);
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RESPONSIBLE
OFFICIAL
means any person required by the terms of their employment, official
duties or designated by Council to be responsible for the administration
or enforcement of any provision of this bylaw;
SIDEWALK
means the area between the curb lines or lateral lines of a roadway and
the adjacent property lines improved for use of pedestrians, or other
uses authorized by this Bylaw;
STOP OR STAND
means:
(1)
When required, a complete cessation of movement, and
(2)
When prohibited, the stopping or standing of a vehicle whether
occupied or not, except when necessary to avoid conflict with
other traffic, or to comply with the directions of a peace officer or
a traffic control device; and
TRAFFIC OFFICER
means any any official or employee of the City whose designated duties
include the control of traffic or parking within the City, and includes
peace officers and Bylaw Enforcement Officers, and every officer and
member of the Fire Department of the City while attending upon any fire
or emergency in the course of their duty.
APPLICABILITY
7.
Unless the context otherwise requires, the provisions of this Bylaw do not apply to:
(1)
persons, vehicles and other equipment while actually engaged in highway or
public utility, construction or maintenance work, authorized and/or permitted by
the City, on, under or over the surface of a highway while at the site of the work;
(2)
the driver of an emergency vehicle,
i.
while it is responding to an emergency call and sounding an audible
signal, siren or bell and showing at least a flashing red light,
ii.
while it is at the scene of an emergency and showing at least a flashing
red light,
iii.
who is a peace officer in immediate pursuit of an actual or suspected
violator of the law, or
iv.
who is a peace officer engaged in a police duty that would be unduly
hampered by the sounding of an audible signal or siren,
(3)
a bylaw enforcement officer engaged in the performance of his or her duties on
behalf of the City.
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8.
The provisions of this Bylaw relating to the stopping, standing or parking or vehicles do
not apply to the stopping, standing or parking of vehicles by:
(1)
The driver of a vehicle owned, leased or otherwise under the control of the
Government of Canada, the Province of British Columbia, a municipality, the
RCMP or a public utility, while the driver is engaged in works that require him or
her to stop, stand or park the vehicle in contravention of those provisions,
(2)
The driver of a vehicle instructed by any lawful authority to stop, stand or park
the vehicle in contravention of those provisions, or
(3)
The driver of a vehicle designed for towing other vehicles, while the vehicle
designed for towing is stopped, standing or parking for that purpose.
9.
A person exercising a privilege conferred by section 7 or 8 must exercise that privilege
with due regard for safety and in a manner that obstructs traffic as little as possible.
DIVISION 2 - GENERAL TRAFFIC REGULATIONS
Traffic Officers
10.
(1)
All Traffic Officers, other than officers and members of the Fire Department of
the City, are authorized to do all things necessary to control traffic in pursuance
of this bylaw at all times and to ensure that the requirements of this bylaw are
being carried out.
(2)
All Traffic Officers are authorized to do such things as may be considered
necessary to control traffic during any emergency requiring the attendance of
emergency equipment.
(3)
No person shall refuse to comply with any lawful direction made by any Traffic
Officer.
(4)
No person shall hinder, delay or obstruct in any manner, directly or indirectly, a
Traffic Officer carrying out duties in accordance with this bylaw.
DIVISION 3 - TRAFFIC CONTROL DEVICES
11.
All traffic control devices placed by the City prior to adoption of this bylaw are deemed
to be authorized and placed in accordance with this bylaw.
12.
Every person shall comply with the directions of every traffic control device, except as
otherwise authorized or required pursuant to this bylaw.
13.
The Engineer is authorized to order the placing of additional traffic control devices,
excluding parking meters, as he or she deems appropriate, for the regulation of the
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following traffic matters and by those orders to exercise the following powers of the
City under this bylaw:
(1)
regulation, control or prohibition of pedestrian traffic and vehicle traffic on
highways;
(2)
regulation, control or prohibition of the stopping, standing or parking of vehicles;
(3)
setting apart and allotting portions of highways adjacent to federal, provincial or
municipal public buildings for the exclusive use of officials and officers engaged
in them for the parking of vehicles and the regulation of such parking;
(4)
regulation or prohibition of pedestrian traffic on highways other than at
crosswalks;
(5)
regulation, control or prohibition of persons using roller skates, sleighs, in-line
skates, skateboards, skis or other similar means of conveyance on a highway;
(6)
establishment and use of loading, commercial and passenger zones in the City
and for their designation;
(7)
regulation of the width, length and height of vehicles and the width, length,
height, fastenings and distribution of loads on vehicles driven or operated on a
highway;
(8)
on highways where construction, reconstruction, widening, repair, marking or
other work is being carried out, the erection or placement of traffic control
devices indicating that persons or equipment are working on the highway and
the regulation or prohibition of traffic in the vicinity of the work;
(9)
establishment of school crossings in the City and the regulation and control of
pedestrian and vehicular traffic with respect to them;
(10)
regulation of traffic passing by or in the vicinity of schools through the use of
traffic patrols, and for that purpose 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;
(11)
establishment and use of taxi stands in the City and their designation; and
(12)
the places, conditions and circumstances for the use of sidewalks and crosswalks
by persons riding cycles.
14.
The Engineer may rescind, revoke, amend or vary an order made by the Engineer under
Section 13.
15.
Orders made by the Engineer under Sections 13 and 14 of this bylaw shall be in writing.
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16.
Temporary traffic control devices may from time to time be placed by a Traffic Officer or
upon authority of the Engineer without an order under Section 15:
(1)
in the interest of public safety;
(2)
to facilitate the fighting of any fire; or
(3)
to enable work to be done on a highway.
17.
No person shall establish, place, maintain, or display upon or in view of any highway,
any traffic control device or other device which purports to be or resembles any traffic
control device, or any device which attempts to divert the movement of traffic or the
parking of vehicles within the City, except under the authority of this bylaw, or with the
written permission of the Engineer.
18.
No person shall obliterate, deface, damage, injure, move, obstruct or otherwise
interfere with any traffic control device placed or maintained within the City pursuant to
this bylaw.
DIVISION 4 - PEDESTRIAN TRAFFIC
19.
At any intersection where crosswalks are marked, pedestrians shall use such crosswalks
in crossing a highway.
20.
Every pedestrian crossing a highway at any point, other than within a marked crosswalk,
shall yield the right-of-way to all vehicles on the highway.
21.
Pedestrians shall move, whenever practicable, upon the right half of a crosswalk.
22.
No person shall stand on or adjacent to a highway for the purpose of soliciting a ride
from the driver of any vehicle.
23.
On the approach of an emergency vehicle, pedestrians shall proceed or return to the
nearest sidewalk or boulevard and remain there until that vehicle has passed.
24.
No pedestrian shall leave a curb or other place adjacent to a roadway and move into the
path of a vehicle which is approaching such that it is not possible for the driver of the
vehicle to yield the right-of-way.
25.
No person who has emerged from a bus which has stopped shall start to cross to the
opposite side of the highway until the bus has moved away from its stopping place,
unless such crossing is made in compliance with traffic control signals or at the direction
of a Traffic Officer.
26.
No person shall form a part of a group of persons congregated on a highway in such
manner as to obstruct the free passage of pedestrians or vehicles.
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27.
No person shall do anything which causes persons to congregate in a group upon any
highway in such a manner as to unreasonably obstruct the free passage of pedestrians
or vehicles, or in such a manner that the persons so congregated might be in danger of
injury from traffic.
DIVISION 5 - VEHICLE TRAFFIC
No Animals
28.
No person shall drive or herd animals on any highway in the City, except a City
poundkeeper or a peace officer in the discharge of their duty.
Driving
29.
The driver of any motor vehicle:
(1)
shall not drive such motor vehicle upon any sidewalk or boulevard except on a
driveway crossing provided for such purposes;
(2)
shall yield the right of way to a pedestrian where traffic control signals are not in
place or not in operation when the pedestrian is crossing the highway in a
crosswalk and the pedestrian is on the half of the highway on which the vehicle
is travelling, or is approaching so closely from the other half of the highway that
he or she is in danger;
(3)
on meeting or overtaking a school bus
i.
that is designated as a school bus,
ii.
that is stopped on a highway, and
iii.
on or near which a sign or signal is displayed indicating the school bus is
receiving or discharging school children,
must stop the vehicle before reaching the bus and not proceed until the
bus resumes motion or the driver of the bus signals to other drivers that
it is safe to proceed.
(4)
shall not drive or operate such motor vehicle or trailer on a highway unless it is
operated or equipped in all respects in compliance with the Motor Vehicle Act,
R.S.B.C. 1996, c. 318, as amended, and the Motor Vehicle Act Regulations, Reg.
26/58, as amended.
Refuse on Highways
30.
No person shall throw, drop, deposit or leave, or let fall from or out of any motor vehicle
or conveyance, any bottle or bottles, glass, crockery, nails, wood, sawdust, or refuse, or
any other object or material, on or upon any highway and any person who has thrown,
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dropped, deposited or left any such objects or material shall forthwith remove the same
from such highway.
Heavy Traffic
31.
The following classes of vehicles are established:
(1)
Class 1 Vehicle - a motor vehicle having a licensed gross vehicle weight ("LGVW")
of 11,794 kg or less; and
(2)
Class 2 Vehicle - a motor vehicle with a licensed gross vehicle weight ("LGVW")
over 11,794 kg.
32.
Except as otherwise expressly provided in this bylaw and the Motor Vehicle Act:
(1)
Class 1 Vehicles may be operated on any highway in the City;
(2)
Class 2 Vehicles may only be operated or present on arterial highways or
portions of the following highways in the City:
i.
Kingsway Avenue;
ii.
Broadway Street;
iii.
Coast Meridian Road; and
iv.
Lougheed Highway.
33.
Notwithstanding Section 32 (2), a Class 2 Vehicle:
(1)
that is a public transit vehicle, an emergency vehicle, or is operated by a
municipal, regional, provincial or federal government agency may be used or be
present on any highway in the City;
(2)
may be operated or present on any highway in the City, except those listed in
section 34, for the purpose of moving to or from a:
i.
lawful loading or unloading destination in the City for the purpose of
delivering materials to premises or collecting materials from premises;
ii.
lawful overnight or longer-term parking or vehicle storage space in the
City;
iii.
repair or maintenance garage in the City; or
iv.
highway construction or maintenance site in the City where that vehicle
is engaged;
(3)
shall proceed on a highway or portion of a highway listed in section 32 until
reaching a point closest to the destination, and then proceed along the shortest
route possible, by way of an arterial street where available.
34.
No person shall operate or allow the presence of a Class 2 Vehicle:
(1)
on that portion of Tyner Street between Central Avenue and Pitt River Road; and
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(2)
on those portions of Oxford Street and Wellington Street between Lincoln
Avenue to the northern boundary of Port Coquitlam.
35.
No person shall operate or use a vehicle or combination of vehicles which is overloaded
or oversized as defined in the Commercial Transport Act (British Columbia) on a highway
within the City unless:
(1)
the person has a valid and subsisting permit for operation of the vehicle under
the Commercial Transport Act (British Columbia); and
(2)
the person has a valid and subsisting permit issued by the Engineer pursuant to
this bylaw.
36.
Every person wishing to operate a vehicle under section 35 of this bylaw, must make
application for a permit in the form set by the Engineer from time to time to this bylaw,
and pay the permit fee as specified in the Fees and Charges Bylaw in support of the
application. Every person holding a permit under this section must comply with all
requirements and restrictions set out in such permit, and must follow the route, if any,
set out in such permit.
37.
No person shall use engine brakes, including compression release engine brakes,
commonly known as Jacobs (Jake) brakes, except in an emergency that requires their
use.
Speed Limits
38.
No person shall operate a motor vehicle upon a Lane within the City at a greater rate of
speed than 20 kilometres per hour, unless otherwise posted.
39.
Except where the Minister of Transportation and Infrastructure has caused a sign to be
erected or placed on a highway limiting the rate of speed of motor vehicles or a
category of motor vehicles, no person shall operate a motor vehicle upon a highway
within the City at a greater rate of speed than 50 km/h, unless otherwise posted.
DIVISION 6 - STATIONARY VEHICLES
Standing, Stopping and Parking Prohibitions
40.
Except when necessary to comply with the law or the directions of a Traffic Officer, or
where permitted by a traffic control device, no person shall stop or stand a vehicle so as
to contravene the Motor Vehicle Act, a traffic control device, or this bylaw, and, without
limiting the foregoing, no person shall stop a vehicle:
(1)
where a traffic control device:
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i.
prohibits stopping;
ii.
restricts stopping, except in accordance with that restriction;
iii.
abutting a school property prohibits stopping;
iv.
except in accordance with that restriction;
(2)
on a sidewalk, or boulevard when a curb is present;
(3)
within 6 metres of a flashing beacon or stop sign;
(4)
within 6 metres of any street intersection or crosswalk;
(5)
in or near any intersection of two highways in such a location as to reduce or
impede the flow of traffic or the or reduce or impede the sight distance required
for the safe operation of an intersection;
(6)
within 5 metres of any fire hydrant, measured from a point on the Curb Line
which is closest to the fire hydrant;
(7)
in front of or within 1 metre of any non-commercial private or public Driveway,
or in front of or within 5 metres of any multifamily dwelling, commercial,
industrial or institutional Driveway or Lane;
(8)
on a highway other than on the right side of the highway and with the right hand
wheels parallel to that side, and where there is a curb, within 30 cm of that curb;
unless the highway is designated for angle parking;
(9)
on the highway side of any motor vehicle stopped or parked at the edge or curb
of any highway;
(10)
within 6 metres either side of the highway from or on either side of the entrance
to or exit from a firehall;
(11)
within 6 metres of an entrance or exit to any school property, on any day when
school is in session;
(12)
within 6 metres of any entrance to or exit from any playground or park;
(13)
within 5 metres of a Canada Post Super Mailbox for greater than 5 minutes;
(14)
in any Lane except when actually loading or unloading passengers or materials,
or so as to prevent the free movement of motor vehicle traffic;
(15)
on any bridge, or other elevated structure on a highway;
(16)
on any portion of a highway indicated by traffic control device as reserved for
any class of motor vehicle, other than a motor vehicle coming within such class;
(17)
within 15 metres of the nearest rail of a railroad crossing;
(18)
on any highway
i.
for the principal purpose of storing, advertising, washing, maintaining,
repairing, wrecking any vehicle unless repairs are necessitated by an
emergency;
ii.
for the purpose of displaying such motor vehicle for sale; or
iii.
for the purpose of selling any commodities or articles;
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(19)
on the paved portion of any highway where the pavement is 6 metres or less in
width;
(20)
on any portion of a highway for a longer period of time than that indicated on
any traffic control device applicable to that portion of the highway or City
parking lot where such vehicle is stopped or parked;
(21)
on any portion of a highway where the curb or edge of the roadway is painted
yellow, except in a signed loading and unloading zone;
(22)
i.
on any highway without valid insurance or valid number plates;
ii.
a person must not move a vehicle from one location to another in the
same block in order to avoid the posted time limit or to avoid parking
greater than 48 hours consecutively;
iii.
no person shall use or permit a vehicle to be occupied as a dwelling or
sleeping place while parked.
(23)
where parking spaces for vehicles are designated by lines on a highway, except
wholly within the parking space provided;
(24)
in a fire lane or bus zone, whether attended or unattended;
(25)
in a cul-de-sac other than parallel with the outside curb of the cul-de-sac;
(26)
on a highway for a period greater than 48 hours; or
(27)
in any off-street parking facility operated by the City in contravention of the
length of time allowed for parking as indicated by a traffic control device where
traffic control devices exist.
41.
Except when necessary to comply with the law or the directions of a Traffic Officer, or
where permitted by a traffic control device, no person shall park a vehicle so as to
contravene the Motor Vehicle Act, a traffic control device, or this bylaw, and, without
limiting the foregoing, no person shall park a vehicle:
(1)
where a traffic control device prohibits parking;
(2)
where a traffic control device restricts parking, except in accordance with that
restriction;
(3)
where a traffic control device abutting a school property prohibits parking;
(4)
where a traffic control device abutting a school property restricts parking, except
in accordance with that restriction.
42.
Vehicles over 4600kg LGVW (Licensed Gross Vehicle Weight) and all vehicles with
trailers of any type having a total length exceeding 6 metres are prohibited from parking
on all highways except as listed below, where such vehicles may be parked after 4:30
p.m. and before 7:00 a.m. Monday to Friday, and at all times on Saturday, Sunday and
statutory holidays:
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(1)
the west side of Broadway Street from Kingsway Avenue, south to the Mary
Hill Bypass;
(2)
the west side of Coast Meridian Road from Kingsway Avenue, south to Kebet
Way;
(3)
on the west side of Perkins from Holland Avenue to Kingsway Avenue;
(4)
on the south side of Kebet Way from Broadway Street, east to Kingsway
Avenue;
(5)
on the south side of Kingsway Avenue from Mary Hill Bypass, east to Kebet
Way; and
(6)
on the south side of Langan Avenue from Broadway Avenue, east to the
intersection of Lot B, LMP6446 (1610 Langan Avenue) and Lot 54, Plan 64191
(1530 Kingsway Avenue).
43.
All trailers of any type parked on highways at any time must have reflective tape that is
at least 10 cm (4 inches) in height, affixed across the full width of the rear of the trailer.
44.
Except when necessary to comply with the law or the directions of a Traffic Officer, no
person shall stop or park a trailer of any type on a highway at any time if the trailer is
not hitched to a vehicle.
45.
When a traffic control device is displayed on any highway or off-street parking facility
indicating that the length of time allowed for parking a vehicle thereon is limited, no
person who has parked a vehicle on such highway or lot shall again park a vehicle on
such highway (unless there is an intersection between the two parking spaces) or lot
during the next sixty minutes following the expiry of such limited time.
Angle Parking
46.
Upon a highway which has been marked or signed for angle parking, the driver of a
motor vehicle shall park such motor vehicle at the angle to the curb indicated by such
marks and within 50 cm of the curb. Where angle parking is indicated by signs only, the
angle of parking shall be 45 degrees, and no person shall park a motor vehicle where the
length of such motor vehicle and any trailer attached thereto exceeds 6 metres.
Safety Requirements
47.
No person having control or charge of a motor vehicle shall permit it to stand
unattended without first stopping the engine, locking the ignition, and removing the
key, and, when standing upon any perceptible grade, without turning the front wheels
to the curb or side of roadway.
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Passenger Zones and Loading Zones
48.
(1)
All passenger and loading zones existing on the date of adoption of this bylaw
are deemed to be authorized passenger and loading zones established under this
bylaw.
(2)
It is unlawful for any person to stop a motor vehicle in any passenger loading
zone for any period of time longer than is necessary for the expeditious loading
and unloading of passengers or materials, to a maximum of 15 minutes unless
otherwise stated on a traffic control device.
(3)
No person shall stop a motor vehicle in any passenger zone or loading zone
except while actually engaged in the loading or unloading of passengers or
materials.
Disabled Persons' Parking
49.
The Engineer may make orders for the designation of Disabled Zones, and may rescind,
revoke, amend and vary such orders.
50.
(1)
Council designates the Social Planning and Research Council of British Columbia
as the organization responsible for issuing and cancelling Disabled Persons'
Parking Permits pursuant to the Regulations.
(2)
An application for a Disabled Persons' Parking Permit shall be made by or on
behalf of a Disabled Person to the Social Planning and Research Council of British
Columbia.
51.
(1)
All Disabled Zones existing on the date of adoption of this Bylaw are deemed to
be authorized Disabled Zones established under this Bylaw.
(2)
It is unlawful for any person to stop in a Disabled Zone:
i.
a vehicle that does not display a Disabled Persons' Parking Permit or a
permit of a similar nature issued by another jurisdiction,
ii.
a vehicle displaying a Disabled Persons' Parking Permit unless the vehicle
is stopped, left standing or parked for the purpose of transporting a
Disabled Person.
Mechanically Disabled Vehicles
52.
The provisions of this bylaw relating to limited times of parking shall not apply to any
vehicle so mechanically disabled such that the vehicle cannot be moved, until the
vehicle has been parked or stopped in a manner contrary to the provisions of this bylaw
for a period of 24 hours.
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Parking Spaces
53.
Where a parking space for vehicles is designated by lines on a highway, no person shall
park a vehicle except wholly within the lines designating a parking space for one vehicle.
Obstruction by Motor Vehicles
54.
No vehicle shall be left stopped:
(1)
in a position that causes it to interfere with firefighting; or
(2)
in a position that causes it to interfere with the normal flow of traffic on the
highway;
(3)
in a position that impedes or restricts the passage of vehicles beyond a road end
or through any gate or barrier erected at a road end or other location; or
(4)
in a position that causes it to interfere with the construction, improvement,
maintenance, snow removal, alteration, extension, widening, marking, or repair
of a highway.
Off-Street Parking Facilities
55.
(1)
For the purposes of regulating parking in off-street parking facilities, the
Engineer may erect and operate, or cause to be erected and operated, parking
metres and/or electronic ticket dispensing machines as well as any other traffic
control devices which the Engineer may deem necessary in the off-street parking
facility;
(2)
Parking permits may be issued for hourly, monthly, and annual parking in off-
street parking facilities, in the discretion of the Engineer;
(3)
If and where required by posted signage, no person shall stop, stand or park a
vehicle in an off-street parking facility:
i.
Unless a valid parking permit is displayed on the dashboard or rear view
mirror of the vehicle with the date, time and permit number clearly
visible; and
ii.
For a period of time in excess of the length of time indicated on the
parking permit; and
(4)
Fees for the use of off-street parking facilities shall be prescribed by the Fees and
Charges Bylaw.
DIVISION 7 - VEHICLE IMPOUNDMENT
56.
Any chattel, obstruction or vehicle which is standing or parked contrary to any provision
of this bylaw or which is otherwise unlawfully occupying a portion of a highway or public
place may be removed, detained and impounded by a Traffic Officer or the Engineer, or
by a contractor acting in accordance with the directions of the City.
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57.
The fees, costs and expenses assessed in accordance with the City of Port Coquitlam
Business Bylaw No. 3725, 2010 for the removal, detention and impoundment of a
chattel, obstruction or vehicle removed under this Division shall be paid by the owner of
the vehicle prior to the release of the vehicle.
58.
Any chattel, obstruction or vehicle removed, detained or impounded under this bylaw
may be recovered by the owner between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, except holidays, by paying the fees, costs and expenses levied in
accordance with Section 68 to the tow truck company at its place of business.
59.
If a vehicle, chattel or obstruction is removed, detained or impounded, and not claimed
by its owner within thirty days from date of seizure, written notice shall be mailed to the
registered owner at his address as shown on the records of the Registrar of Motor
Vehicles advising of the seizure, and the sum payable to release the vehicle, chattel or
obstruction and the date of advertising for sale by public auction, if unclaimed.
60.
Any vehicle, chattel or obstruction not claimed by its owner within thirty days from the
date of mailing of notice may be sold at a public auction, which auction shall be
advertised at least once in a newspaper circulated in the City.
61.
The proceeds of sale by public auction shall be applied first to the cost of the sale,
second to the fees, cost and expenses of the City or its contractor as set out above and
the balance shall be held for the owner. If the balance remains unclaimed at the end of
the calendar year, such balance shall be paid into the general revenue of the City.
62.
Notwithstanding any other provision of this bylaw, where any garbage, rubbish or
abandoned unlicensed motor vehicle with an apparent value of less than $300.00 is left
on any highway, such articles may be removed to a garbage dump and disposed of
therein.
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DIVISION 8 - CYCLE TRAFFIC
Duties of Operator of Cycle
63.
A person operating a cycle shall at all times ride or operate a cycle in a safe manner, and
without limiting the foregoing,
(1)
shall not ride upon the sidewalk of any highway or bridge, unless otherwise
directed by traffic control device;
(2)
shall not, for the purpose of crossing a highway, ride on sidewalk unless
otherwise directed by a traffic control device; and
(3)
shall not ride a cycle on a highway where a traffic control device prohibits their
use.
64.
In addition to the duties imposed by this Division, a person operating a cycle on a
highway has the same rights and duties as the driver of a motor vehicle.
DIVISION 9 - HIGHWAY USE PROHIBITIONS AND PERMITS
Uses Requiring Engineer's Permission
65.
Except, and to the extent only, as authorized by a permit issued by the Engineer
pursuant to this Bylaw, no person shall:
(1)
dig up, break up or remove any part of a highway or cut down or remove trees or
timber growing on a highway, or excavate in or under a highway;
(2)
change the level of a highway in any manner whatsoever, or stop or impede the
flow of water or through any ditch, drain sewer or culvert on or through a
highway;
(3)
place, construct, or maintain a loading platform, or skids, rails, mechanical
devices, building, signs, containers, newspaper boxes, bus benches, or any other
structure or thing, or any chattel or ware of any nature, on a highway, except
where an agreement with the City is in force for the placement, construction, or
maintenance of the structure or thing;
(4)
construct or maintain a ditch, sewer or drain, the effluent from which causes
damage, fouling, nuisance or injury to any portion of a highway;
(5)
ride, drive, lead, move or propel any animal or vehicle over or across a
boulevard, including any curb, sidewalk or ditch unless such has been
constructed or improved to form a suitable crossing in conformity with the
provisions of this bylaw;
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(6)
construct any works within a highway, including driveways, or any other
boulevard crossing, including a curb, ditch or sidewalk crossing;
(7)
encumber, obstruct, or encroach in, on, or under a highway;
(8)
install or operate in a highway monitoring wells, vacuum holes, test pits,
boreholes or other minor excavations;
(9)
obstruct or interfere with the free flow of traffic or attempt to control or detour
traffic on any highway or lane, whether by use of signs or flagpersons or by
barricades or other physical obstruction on the road, provided that this clause
shall not apply to:
i.
a Peace Officer, Bylaw Enforcement Officer or Fire Fighter acting in the
normal course of his or her duties;
ii.
a student or adult school patrol acting under the authority of the Public
Schools Act or authorized by the Chief of Police;
iii.
emergency vehicles or public utility or City crews while making
emergency repairs within a highway or lane;
iv.
vehicles while legally parked on a highway or lane or while obeying the
instructions of a traffic control device or Peace Officer.
66.
For the purposes of sections 65, "construct" means new construction, repair,
replacement and maintenance of any matter or thing.
Issuance of Permit
67.
The Engineer may issue a permit to do any or all of those things otherwise prohibited by
this Division , subject to the payment of the application fee prescribed by Fees and
Charges Bylaw with each application therefore and subject to such other conditions
contained in this Division, or as determined by the Engineer, as may be applicable to
each such application. Without limiting the foregoing, the Engineer may issue one or
more of the following types of permits:
(1)
"Lane Closure Permit" - for the temporary closure of one or more lanes of a
highway;
(2)
"Highway Use Permit" - for work in or on a highway, including work by utility
companies. the construction or alteration of a ditch crossing, driveway,
monitoring well, or off-site works and services, except for works and services
contemplated by a written agreement with the City pursuant to the Subdivision
Servicing Bylaw No. 2241;
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(3)
"Highway Encroachment Permit" - for the use of a highway for private uses,
including sidewalk cafes, newspaper boxes, temporary storage containers,
construction trailers, and street furniture for up to 5 years; and other such forms
of permits as determined by the Engineer.
68.
The Engineer may, in issuing a permit under this Bylaw impose such terms and
conditions as the Engineer considers reasonable or necessary for the purpose of:
(1)
avoiding undue damage to a highway,
(2)
protecting persons or property,
(3)
avoiding undue interference with traffic,
(4)
ensuring that damage done to a highway in connection with an activity
undertaken pursuant to a permit is adequately repaired,
(5)
avoiding nuisances or other disturbances, or
(6)
otherwise protecting the public interest.
Temporary Closure of Highway
69.
The Engineer is hereby authorized and empowered, at his discretion, to temporarily
close a highway or any part thereof to traffic, or to control traffic thereon, during the
time work is in progress.
Prerequisite to permit issuance
70.
As a prerequisite to the issuance of a permit under this Division, the applicant shall:
(1)
apply for a permit in the form prescribed by the Engineer from time to time,
including all plans, drawings and information as considered necessary or
desirable by the Engineer, acting reasonably;
(2)
pay the applicable permit fees as set out in the Fees and Charges Bylaw;
(3)
deposit with the City, a sum of money, bond, or irrevocable Letter of Credit
which is, in the opinion of the Engineer, sufficient to pay for the cost of repairing
any damage likely to be done to the highway and as sufficient security that the
obligations imposed by the permit shall be fulfilled within the time specified by
such permit. The amount of each such deposit shall be:
i.
not less than the cost of repairing such damage, as estimated by the
Engineer, and without limiting the foregoing:
a)
for permits for the crossing of boulevards and the construction of
boulevard crossings, not less than $500.00 for each permit;
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b)
for monitoring wells or boreholes, not less than $5,000 for up to
three wells or boreholes and $2,000 for each additional well or
borehole, which for amounts less than $20,000 shall be in the
form of cash, but otherwise shall be in the form of a Letter of
Credit acceptable to the Engineer.
(4)
provide satisfactory plans of the work to be undertaken, sealed by a Professional
Engineer if required by the Engineer, and when such plans are supplied and
approved by the Engineer and the necessary permit issued, the work shall
conform in every way to the approved plans and to the specifications contained
in and to the minimum general requirements of the City of Port Coquitlam
Subdivision Servicing Bylaw No. 2241 and this bylaw;
(5)
provide evidence of insurance for the works contemplated by the permit, to the
satisfaction of the Engineer.
Refund of deposit
71.
Where a deposit has been made in accordance with this Division and upon satisfactory
compliance with the permit within the time specified therein, and submission of the
appropriate record drawings, the deposit will be refunded to the applicant, less where
applicable, the inspection fee prescribed by Fees and Charges Bylaw, 2006, No. 3540, or
the actual cost of administration and inspection, whichever is greater, provided that a
security deposit for maintenance has been deposited.
Maintenance of completed work
72.
Where completed work is to be taken over by the City the permit holder shall maintain
such work for a period of one year from the date of inspection and acceptance thereof
by the Engineer and a maintenance security deposit in the amount of 10% of the original
security deposit shall be required for the maintenance period.
73.
Where alterations to completed works are required due to reconstruction of a highway
during the maintenance period referred to in section 71 , the person holder shall pay for
all costs of such alterations.
Indemnity
74.
Each applicant for a permit under this section shall indemnify, protect, and save
harmless the City from and against all claims demands and lien claims of every kind
arising out of or in any way connected with the work or other things for which the
permit has been issued.
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Use of deposit
75.
In the event that the permit holder fails to repair damage and/or fulfill such obligations
as are set out in the permit within the time specified therein, the City may repair the
damage or fulfil the obligations and deduct the cost of doing so from the deposit. If
there are not sufficient funds on deposit to cover the costs, the City shall recovery any
shortfall from the permit holder.
Revocation of permit
76.
The Engineer may revoke a permit issued under this Bylaw if the permit holder fails to
comply with a term or condition of the permit.
DIVISION 10- HIGHWAY USE GENERAL REGULATIONS
General Regulations
77.
(1)
The means of access to and from every highway for every parcel of land abutting
thereon, shall be provided by means of a standard boulevard crossing
constructed in accordance with the specifications contained in the City of Port
Coquitlam Subdivision Bylaw at a location to be approved by the Engineer.
(2)
Every owner of a private highway shall maintain the same in a clean, fit and safe
state and shall affix suitable signs thereon indicating that such highway is a
private thoroughfare.
(3)
Every owner or occupier of real property shall prominently display in such a
manner so as to be visible from the highway and in figures not less than 10
centimeters in height the civic address number assigned to such building or
structures under the City's highway numbering system.
(4)
For parcels of land which front arterial and collector highways, as defined in the
City's Subdivision Servicing Bylaw No. 2241, and which have a lane available to
the rear of the parcel of land, access to and from the arterial/collector roadway
will be limited to pedestrian and bicycle access only. Vehicle access for these
parcels of land shall be from the lane or adjacent local highway only, except
where approved by the Engineer, in writing.
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DIVISION 11 - OFFENCE, PENALTIES AND ENFORCEMENT
78.
The following acts, practices, matters and things in respect of a highway shall be
deemed to be offences against this bylaw, namely:
(1)
throwing, depositing or causing to be deposited or to flow upon a highway any
noxious, offensive or filthy water or substance, or any empty bottle, glass
container or any other article, whether broken or intact;
(2)
leaving any glass or other debris at the scene of an accident by a person who has
removed a wrecked or damaged vehicle;
(3)
leaving any excavation or other obstruction insufficiently fenced or barricaded
and marked with warning lights;
(4)
place or permit to be placed any fuel, oil, lumber, merchandise, chattel or ware
of any nature on a highway;
(5)
deposit or cause to be deposited, throw or cause to be thrown, or leave any
earth, refuse, debris or any other thing on a highway;
(6)
failing of an owner or occupier of real property to prominently display in such a
manner so as to be visible from the highway and in figures not less than 10
centimeters in height, the civic address number assigned to such building or
structure under the City's highway numbering system;
(7)
to cause willful damage to:
i.
grass, trees, shrubs, plants bushes and hedges on any part of a highway;
ii.
a fence on any part of highway;
iii.
anything erected or maintained on or adjacent to a highway for the
purpose of lighting the highway;
iv.
to any highway marker or traffic control sign, signal or other device
placed on any highway for the guidance or control of traffic.
(8)
to place signs of any nature in any matter on a highway or upon any erected
highway signs, City highway signs or City information signs, including traffic
control devices and signals;
(9)
mark or imprint or deface in any manner whatsoever a highway or structure
thereon; and
(10)
to impact or alter the drainage facilities on or adjacent to a highway, including by
altering ditches or placing material in the curb and gutter.
79.
Every person who:
(1)
violates a provision of this bylaw;
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(2)
consents, allows or permits an act or thing to be done in violation of a provision
of this bylaw or a permit issued pursuant to this bylaw;
(3)
neglects to or refrains from doing anything required to be done by a provision of
this bylaw or a permit issued pursuant to this bylaw; or
(4)
fails to comply with an order of the Engineer given under this bylaw;
is guilty of an offence and is liable to the penalties imposed under this bylaw.
Liability of Vehicle Owner and Driver
80.
(1)
For certainty, in the case of offences involving the cutting or damaging of more
than one tree, shrub, or plant, an offence is committed in respect of each
individual specimen and the maximum penalties imposed under this bylaw
apply to each such offence.
(2)
The owner and/or driver of a motor vehicle is liable for any violation of this
bylaw, notwithstanding that at the time of the violation, the motor vehicle is
unattended or in the possession of another person.
Upon notification of a violation to the owner of a motor vehicle, the burden of
proving:
i.
that the person in charge of the motor vehicle was not a person
entrusted with the possession of that motor vehicle by the owner; or
ii.
that the registered owner is not the owner; is on the owner.
81.
For certainty, in the case of offences of a continuing nature, an offence is committed on
each day during which the offence continues, and the maximum penalties imposed
under this bylaw apply to each such offence.
82.
For certainty, where a driver has parked a vehicle in a parking space in violation of the
provisions of this bylaw, a separate offence shall be deemed to be committed upon the
expiry of each period of time during which the vehicle could have been lawfully parked
as indicated by a traffic control device.
83.
Any person who contravenes any of the provisions of this Bylaw commits an offence
punishable upon summary conviction and is liable to a fine of not more than $10,000.00
or to imprisonment for not more than six months, or to both. Each day that an offence
continues shall constitute a separate offence.
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84.
Nothing in this Part precludes the City from seeking any civil remedy to which it is
entitled in relation to trespass on City land.
READ A FIRST TIME this
22nd day of
May, 2018
READ A SECOND TIME this
22nd day of
May, 2018
READ A THIRD TIME this
22nd day of
May, 2018
ADOPTED this
12th day of
June, 2018
B. WEST
G. JOSPEH
Mayor
Corporate Officer
RECORD OF AMENDMENTS
Amendment No.
Section(s) Amended
Date
4221
29, 39 and 79
2021-03-23
4277
Section 40 (22)(i) and 42
2022-07-19