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THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2689, 2019
A bylaw to regulate, control and prohibit parking and traffic on a highway and public places and to provide
for the removal, detention and impounding of vehicles and chattels unlawfully occupying a highway.
The Council of the City of Rossland enacts, at open meeting assembled, as follows:
PART 1-CITATION & INTERPRETATION
1.1
This bylaw may be cited for all purposes as "Traffic and Highways Bylaw No. 2689, 2019".
1.2
Words in this bylaw have the same meaning as defined in the Motor Vehicle Act, as amended from
time to time, unless otherwise defined in this bylaw.
1.3
This Bylaw applies to all traffic and to the activities of persons on highways in the City of Rossland,
other than arterial highways designated under the Transportation Act. In the event of any conflict
between the Motor Vehicle Act, British Columbia, as amended from time to time, and the
provisions of this Bylaw, the provisions of the Motor Vehicle Act, British Columbia, shall prevail.
PART 2 -APPLICATION
2.1
All traffic control devices placed by the City prior to adoption of this Bylaw a redeemed to be
authorized and placed in accordance with this Bylaw.
2.2
The provisions of this Bylaw do not apply to:
(a)
vehicles or other equipment owned and operated by the City and employees or
persons employed by the City while lawfully engaged in highway or public utility
construction, maintenance or repair work on a highway,
(b)
the driver of an emergency vehicle while responding to an emergency call and
sounding an audible signal and showing a flashing red light, or at the scene of
an emergency and showing a flashing red light,
(c)
a Peace Officer engaged in police duty or a Bylaw Enforcement Officer engaged
in the performance of their duties,
(d)
a tow vehicle while it is use for the purpose of towing vehicles,
(e)
a vehicle owned, leased or used under contract by the Government of
Canada, the Province of British Columbia, or a public utility corporation while
the vehicle is in actual use for official purposes, provided that the stopping,
standing or parking of such vehicles, where possible, obstructs traffic as little
as possible.
Traffic & Highways Bylaw No. 2689, 2019
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(f) The provisions of this bylaw do not apply to Arterial Highways except where
the provisions are consistent with the applicable Provincial Acts and
Regulations.
(g) Any Act referred to in this bylaw is a reference to an Act of the Province of
British Columbia or Canada, as the case may be, and the applicable regulations,
as amended, revised, consolidated or replace from time to time.
PART 3 - DEFINITIONS
3.1
Unless otherwise defined in this Bylaw, words and phrases shall have the meaning established
in the Community Charter, the Motor Vehicle Act, the Local Government Act, and the
Interpretation Act, as applicable.
In this Bylaw:
"alley" means a highway abutting the rear or side boundaries of parcels of land and which is
intended primarily to provide access to the rear or side yards of such parcels,
"boulevard" means the area between the curb lines, the lateral lines or the shoulder of a
roadway and the adjacent property line and includes curbs, sidewalks and ditches,
"business" has the same meaning as in the business licence Bylaw or its successor Bylaw,
"Bylaw Enforcement Officer" means the Bylaw Enforcement Officer designated by Council
to enforce Bylaws for the municipality and includes a Peace Officer,
"chattel" means an item of property other than freehold land, including tangible goods
(chattels personal), and leasehold interests (chattels real),
"Chief Administrative Officer" means the Chief Administrative Officer of the City and
includes anyone authorized by Council to act on their behalf,
"City" means the Corporation of the City of Rossi and or the area within the boundaries of
the City of Rossland, as the context requires,
"commercial vehicle" means:
(a)
a commercial vehicle as defined by and licensed under the Commercial
Transport Act,
(b)
or a vehicle used for the collection or delivery, or both, of merchandise or
another commodity in the ordinary course ofa business,
"Council" means the municipal Council of the Corporation of the City of Rossland,
"crosswalk" means:
(a)
any portion of the roadway at an intersection or elsewhere distinctly indicated
for pedestrian crossing by signs or by lines or other markings on the surface, or
Traffic & Highways Bylaw No. 2689, 2019
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(b)
if there is no indicated pedestrian crossing at an intersection, the portion of a
highway at an intersection within the connection of the lateral lines of the
sidewalks on the opposite sides of the highway, measured from the curbs, or in
the absence of curbs, from the edges of the roadway, i.e. the portion of a
highway at an intersection where pedestrian crossings would normally be
indicated,
"curb line" means the edge of a sidewalk or boulevard adjoining a roadway,
"cycle" means a device having any number of wheels that is propelled by human power and
on which a person may ride and includes a motor assisted cycle, but does not include a
skateboard, roller skates or in-line roller skates
"extraordinary traffic" includes any carriage of goods or persons over a highway, whether in
vehicles drawn by animal power or propelled by other means, that in conjunction with the
nature or existing conditions of the highway is so extraordinary or improper in the quality
or quantity of the goods or the number of persons carried, or in the mode or time of use of
the highway, or in the speed at which the vehicles are driven or operated, as, in the opinion
of the Manager of Operations or Traffic Officer, substantially alters or increases the burden
imposed on the highway over that imposed through its proper use by ordinary traffic, and
causes damage and expense to the highway beyond what is reasonable or ordinary,
"farm vehicle" means a commercial vehicle owned and operated by a farmer, rancher or
market gardener, the use of which is confined to purposes connected with their farm, ranch
or market garden, including use for pleasure and is not used in connection with any other
business in which the owner may be engaged,
"highway" means a highway as defined by the Motor Vehicle Act (and includes grass and
gravel boulevards),
"idle" means the operation of the engine of a vehicle while the vehicle is not in motion and
not being used to operate auxiliary equipment that is essential to the basic function of the
vehicle, and idling has a corresponding meaning,
"Manager of Operations" means the Manager of Operations of the City or designate and
includes the Chief Administrative Officer,
"motor vehicle" means a motor vehicle as defined by the Motor Vehicle Act,
"motorcycle" means a motorcycle as defined by the Motor Vehicle Act,
"off-street vehicle parking" means a lot or part of a lot or a building available to used for
the parking of motor vehicles off the travel portion of any highway and may include private
or City-owned property or boulevard,
"on-street vehicle parking" means space adjacent to the travel portion of any highway used
for the parking of motor vehicles parallel to a curb, sidewalk or boulevard,
Traffic & Highways Bylaw No. 2689, 2019
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"operator" means any person who drives, operates, propels, or is in physical control of a
vehicle, and shall be deemed to include the person in whose name the vehicle is
registered,
"owner" means:
(a)
the person who holds the legal title to the vehicle OR
(b)
the person who is entitled to be and is in possession of the vehicle OR
(c)
the person in whose name the vehicle is registered.
"parade" means any procession or body of 15 or more persons or 4 or more vehicles
standing or moving together on any highway, but excludes funeral processions,
"park" when prohibited, means:
(a)
the standing of a vehicle, whether occupied or not, except when standing
temporarily or for the purpose of and while actually engaged in loading or
unloading, or
(b)
when a motor vehicle is located in a No Parking zone whether the transmission
is engaged in park or another gear for a time period equal to or greater than 30
seconds,
"Peace Officer" means a Peace Officer as defined by the Motor Vehicle Act,
"pedestrian" means a person on foot, or a person in a wheelchair or stroller,
"permit" means a document in writing issued pursuant to this Bylaw,
"person" means a person as defined by the Interpretation Act,
"private road or driveway" means any road or driveway not owned or possessed by the
Crown or the City,
"recreational trailer" means the same as recreational vehicle,
"recreational vehicle" means a motor vehicle that is designed or used primarily for
accommodation during travel or recreation,
"residential" means any area zoned for residential land use in the Zoning Bylaw,
"roadway" means that portion of a highway that is improved, designed or ordinarily used
for vehicular traffic, but does not include the shoulder, and if a highway includes 2 or more
separate roadways, the term "roadway" refers to any one roadway separately and not to
all of them collectively,
"sandwich board sign" means a portable sign which is self-supporting and easily moved,
"sidewalk" means the area between the curb lines or lateral lines of any roadway and the
adjacent property lines improved for use of pedestrians or any other improved area set
aside for pedestrian use,
Traffic & Highways Bylaw No. 2689, 2019
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"sign" has the same meaning as in the City of Rossland Zoning Bylaw or its successor Bylaw,
"traffic" includes pedestrians, ridden or herd animals, vehicles, cycles and other
conveyances, either singly or together, while using a highway for purposes of travel,
"traffic control device" includes a sign, signal, line, meter, marking, space, barrier or any
device placed or erected by the authority of the Council or the Manager of Operations to
control traffic,
"traffic control signal" means a traffic control device, whether manually, electrically or
mechanically operated, by which traffic is directed to stop and to proceed,
"Traffic Officer" means any official, employee or contractor of the City whose duties
include the control of traffic or parking within the City, and includes Peace Officers and
Bylaw Enforcement Officers, authorized City Employees and members of the Fire
Department while attending upon any fire or emergency in the course of their duty,
"trailer" means a trailer as defined in the Motor Vehicle Act,
"vehicle" means a device in, upon, or by which a person or thing is or may be transported
or drawn upon a highway, except a device designated to be moved by human power or
used exclusively upon stationary rails or tracks, and for the purposes of this Bylaw shall
include a motor vehicle, recreational vehicle, motor cycle and trailer.
PART 4 -AUTHORITY OF DESIGNATED EMPLOYEES
The Manager of Operations & Infrastructure or Designated Employee is authorized to:
4.1 Order the closing of a highway or section of highway or the restriction or diversion of traffic
from a highway at such time and for such period of time and in respect of such classes of
traffic or use when, in the opinion of the Manager of Operations, any highway or any section
of a highway is unsafe or unsuitable for traffic or it is advisable that traffic should be
restricted or diverted from it.
4.2 Order and place traffic control devices for the following purposes:
(a) for the regulation, control or prohibition of traffic for the purposes of giving
effect to the provisions of the Motor Vehicle Act and this Bylaw,
(b) for the regulation, control or prohibition of the stopping, standing or parkingof
vehicles on a highway,
(c) to prohibit parking for temporary periods not exceeding 30 days at any one
time: along the route of any parade or special event taking place on a highway
or at the entrance of places of public assemblage,
i. to facilitate the fighting of fires or for emergency training purposes,
Traffic & Highways Bylaw No. 2689, 2019
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ii. to facilitate the clearing of snow, cleaning, repairing, excavating,
decorating or other work upon a highway being carried out by the
City or any other utility, or
iii. in front of any building or structure under construction, alteration or
repair or demolition, and
(d) for the purpose of public safety.
4.3
Approve placement of temporary traffic control devices as required without an order in the
interest of public safety.
4.4
Make orders regarding the size, location and type of signs other than traffic control devices
on a highway.
4.5
Order the alteration, repainting, tearing down or removal of any sign or other thing on a
highway, whether erected or placed on a highway with or without the permission of the
Manager of Operations, without compensation to any person for loss or damage resulting
from such alteration, repainting, tearing down or removal.
4.6
Order the designation of portions of highways as:
i.
bus stops,
ii.
bus shelters,
iii.
passenger or loading zones,
iv.
sidewalks, and
v.
cycle paths.
4.7
Order or authorize the erection,maintenance, and operation of bus shelters on a highway.
4.8
Rescind, revoke, amend or vary a traffic order.
The Chief Administrative Officer, Corporate Officer or Designated Employee are authorized to:
4.9
Approve and issue exemptions and permits;
4.10 Issue or cause to be issued offence notices for violation of this Bylaw;
4.11 Issue or authorize the impoundment of any vehicle or chattel property that is in violation of
this Bylaw.
The Bylaw Enforcement Officer or Peace Officer is authorized to:
4.12 Issue offence notices for violations of this Bylaw;
4.13 Direct and regulate traffic in any manner they deem necessary and in so doing, may disregard
any traffic control devices;
4.14 Impound any vehicle or chattel property that is in violation of this Bylaw.
Traffic & Highways Bylaw No. 2689, 2019
Page 6 of 22
PART 5 - GENERAL REGULATIONS
5.1
A person must comply with any lawful direction made by the Manager of Operations or any
Traffic Officer.
5.2
A person must not hinder, delay or obstruct in any manner, directly or indirectly, the
Manager of Operations or any Traffic Officer carrying out duties in accordance with this
Bylaw.
Traffic Control Devices
5.3
A person must not park, drive or operate a vehicle or act in a manner contrary to that
indicated by a traffic control device erected or placed on any highway as authorized by this
Bylaw, except where directed to do so by any Traffic Officer.
5.4
A person shall not establish, place, maintain, or display upon or in view of any highway, any
traffic control device or other device which purports to be or resemble 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.
5.5
A person must not obliterate, deface, damage, injure, move, obstruct, or otherwise interfere
with any traffic control device placed or maintained under this Bylaw.
Interference with Emergency Scene
5.6
A person driving or operating any vehicle, except such vehicles as are conveying authorized
persons who have duties to perform in connection with a fire or other emergency, must not:
(a)
follow closer than 150 metres (492.1 feet) to any emergency vehicle, or
(b)
drive or stop any vehicle within a radius of 150 metres (492.1 feet) of any fire or other
emergency scene, or
(c)
drive a vehicle over or across any fire hose, unless so directed by a Traffic Officer.
Parades and Temporary Road Closures
5.7
A person must not take part in any parade unless permission for that parade has been issued
by the City.
5.8
A person must not close any part of a highway unless permission for that closure has been
issued by the City.
Debris and Chattel on Highway
5.9 A person must not, except as specifically permitted or required by the City, do any act or place
any object upon any City street, right of way or sidewalk which may obstruct or impede
pedestrian traffic.
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5.10 A person must not:
(a)
throw, drop or leave, or let fall from or out of any motor vehicle or conveyance, any
bottle, glass, nails, wood, sawdust, refuse, or any other object or material, on or upon
any highway,
(b)
place, deposit or dump or cause to be placed, deposited or dumped or to be tracked or
carried by a vehicle earth, rocks, stones, logs, stumps, branches, garden clippings or
other things onto a highway, or
(c)
place, throw, deposit or discard on any highway any rubbish, litter or waste material of
any kind.
5.11
Any.person must not place, deposit or leave upon, above, or in any highway, sidewalk or
other public place any chattel, obstruction or thing, that is under their ownership, care or
control with the following exceptions:
(a)
except on a gravel or grass boulevard for a temporary period where it is not considered
a danger or hazard in the opinion of the Manager of Operations or any Traffic Officer,
and does not interfere with vehicular traffic or obstruct the travelled portion of a
roadway, if the boulevard is not damaged and is returned to the same condition
afterwards, and
(b)
except as specifically permitted or required by the City or the Manager of Operations.
5.12 A person must not:
(a)
construct or maintain a ditch, the water from which causes damage to any highway,
(b)
allow any water or fluids to flow from any real property onto any potion of a highway
causing a hazard to vehicle or pedestrian traffic, or
(c)
cause or allow trees, shrubs, or other vegetation to remain that physically obstructs or
visibly impairs pedestrian and vehicle traffic on a sidewalk, boulevard or highway or
causes damage to a sidewalk or highway.
5.13
A person must not leave any excavation or other obstruction upon a highway without
sufficiently fencing, barricading and marking the same with warning lights, in accordance
with the Uniform Traffic Control Device manual published by the Road and Transportation
Association of Canada and the Motor Vehicle Act.
Cycling
5.14
Children riding a coaster, scooter, toy vehicle, taboggan, sleigh, bicycles with wheels 60
centimetres (24 inches) in diameter or less or similar device may ride on sidewalks if it is
operated at a speed or manner that is not dangerous to pedestrians and traffic.
5.15
A person must not operate a cycle, skateboard, in-line skates or toboggan, sleigh or any
similar device on a sidewalk in a manner deemed reckless, negligent or operated at a speed
dangerous to pedestrians or traffic.
Traffic & Highways Bylaw No. 2689, 2019
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PART 6 - VEHICLE REGULATIONS
6.1 The driver of any motor vehicle, or rider or driver of any animal, must not drive such motor
vehicle or ride or drive such animal upon any sidewalk or landscaped boulevard except on a
driveway crossing provided for such purposes.
6.2 The driver of any motor vehicle emerging from any alley, driveway or building must stop
immediately before driving on or across any sidewalk or boulevard and must yield the right-of
way to any pedestrian approaching along the sidewalk or boulevard.
6.3 A person must not operate any motor vehicle having wheels, tire, or treads constructed or
equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs or other attachments or
projects which extend beyond the tread or traction surface of the wheel, tire or track, upon any
highway in the City, except a vehicle equipped with tire chains for safety or winter studded tires
when used according to the Winter Driving provisions of the Government of British Columbia
and within the regulation of this bylaw.
Extraordinary Traffic
6.4 Where, in the opinion of the Manager of Operations, any highway is liable to damage or the
Manager of Operations has concern for safety through extraordinary traffic operating upon it,
the Manager of Operations may regulate, limit, or prohibit the use of the highway by any person
operating or in charge of the extraordinary traffic, or owning the goods carried by it or the
vehicles used in it.
6.5 When section 6.4 applies, the owner or operator of the extraordinary traffic must receive
approval from the Manager of Operations to enter an agreement for any compensation to
the Municipality of in respect to damage or expense which may, in the opinion of the
Manager of Operations, be caused by the extraordinary traffic.
6.6 The Manager of Operations may close to traffic or use any highway at such time and for such
period of time and in respect of such classes of traffic or use as in his or her opinion may be
necessary for the construction or protection of any highway or other public works or for the
protection of persons using the highway or to enable permitted traffic to be handled safely and
expeditiously.
PART 7- PARKING REGULATIONS
Parking Prohibitions
7.1 Except when necessary to comply with the law or the directions of a Traffic Officer, Peace
Officer or a traffic control device, a person must not stop, stand or park a vehicle or any
portion of a vehicle:
(a)
on any sidewalk, landscaped boulevard, or centre median,
(b)
on a crosswalk or within 6.0 metres (19.6 feet) of the approach of a crosswalk,
Traffic & Highways Bylaw No. 2689, 2019
Page 9 of 22
(c)
in front of or within 1.0 metres (3.3 feet) of a driveway, walkway or cycle path,
(d)
in any way to obstruct the free passage of traffic on a highway and, without limiting the
foregoing, a person must not stop, stand or park a vehicle in such a manner or under
such conditions, including opposite to or in such close proximity to another vehicle
already stopped on such highway, as to leave available less than 6.0 metres (19.6 feet)
of the roadway for the movement of vehicular traffic,
(e)
on a highway, except in an emergency or when a vehicle is so disabled that it must be
temporarily left as far off the travel portion of the highway,
(f)
within 6.0 metres (19.6 feet) of the approach of a flashing beacon, stop sign or traffic
control device located at the side of a roadway,
(g)
in an intersection, except as permitted by a traffic control device,
(h)
within 6.0 metres (19.6 feet) of the lateral line of an intersecting roadway,
(i)
within 5.0 metres (16.4 feet) of any fire hydrant, measured from a point on the curb line,
which is closest to the fire hydrant,
(j)
within a fire zone, no stopping zone, or zone designated for emergency vehicles and
indicated by a traffic control device,
(k)
alongside or opposite any highway excavation or obstruction when stopping, standing or
parking obstructs traffic,
(I)
on the roadway side of any motor vehicle stopped or parked at the edge or curb of a
roadway,
(m)
on any bridge or other elevated structure on a highway, except as permitted by a traffic
control device,
(n)
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 with that class,
(o)
on any portion of a highway for a longer period of time than indicated on any traffic
control device which is applicable to that portion of the highway,
(p)
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,
(q)
where parking spaces for vehicles are designated by lines on highway, except wholly
within the parking space provided,
(r)
within 20.0 metres (65.6 feet) of the approach of or 10.0 metres (32.8 feet) beyond any
bus stop sign,
Traffic & Highways Bylaw No. 2689, 2019
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(s)
upon any portion of a highway for the purpose of taking up overnight abode, or for a
continuous period of time exceeding 24 hours, without first obtaining permission from
the designated authority,
(t)
to obstruct the visibility of any traffic control device,
(u)
contrary to any traffic control device, including a temporary traffic control device,
(v)
against the flow of traffic for which that side of the highway is intended to operate,
(w)
more than 30 centimetres {1.0 feet) from the curb of a roadway if a curb has been
constructed, or
(x)
in a designated cycle path or bicycle lane.
Winter Parking & Snow Removal
7.2
A person must not place/store any snow, slush, ice, or other obstruction, either shoveled,
swept or pushed from private property, land or driveways/accesses onto the travel portion of
any cleared road, alley, lane, sidewalk or public use corridor unless previously approved by the
Public Works Department.
7.3
From November 1st to April 30th of each year, a person must not park on any street within the
Red Mountain Resort area between the hours of 5:00 a.m. to 5:00 p.m.
7.4
From November pt to April 30th of each year, vehicles parked on streets within all residential
zones must be moved every 24 hours as to not obstruct the City's snow clearing operation on
residential streets during winter months.
7.5
From November pt to April 30th of each year On-street parking is prohibited from 7:00 a.m. to
6:00 p.m. in residential areas.
Winter Residential On-Street Parking Permits
7.6
Providing application is made by the resident of a residential dwelling unit which:
i.
has no off-street parking; or
ii.
abuts on a highway with time restricted parking;
TWO complimentary parking permits per single-family dwelling may be issued for the
designated block at or near where the applicant resides.
Unlicensed Vehicles
7.7
A person must not stop, stand or park a vehicle or a trailer on any highway without proper or
valid number plate, including validation decals.
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Parking in Alleys
7.8
A person must not park a vehicle in an alley for a period of time longer than is necessary for
the expeditious loading or unloading of passengers or materials, so as to prevent the free
movement of traffic.
Sales and Repair of Vehicles
7.9 A person must not park a vehicle on a highway for the principal purpose of:
(a)
displaying the vehicle for sale,
(b)
advertising, washing, maintaining, repairing, painting, wrecking or storing a vehicle
except repairs necessitated by an emergency, or
(c)
displaying signs,
(d)
selling any commodities or articles, except retail mobile food vending as allowed per
regulations contained within the City of Rossland Business Licence Bylaw, except where
permitted by the Manager of Operations.
School and Playground Access
7.10 A person must not park a vehicle that impedes designated entrances or exits of a school
property or park, playground, community/public space.
Parking Spaces Designated for People with Disabilities
7.11 A person must not stop or park a vehicle on any portion of a highway or parking lot operated
Trailers
by the City in a space designated for a person with a disability unless the operator or passenger
has a physical disability and a valid parking permit for people with disabilities is visible and
legible from outside the vehicle.
7.12 A person must not leave or park a trailer on a highway unless it is attached to a motor vehicle
without the motive power unit attached, except:
(a)
contractor trailers parked within 40.0 metres (131.2 feet) of an active construction
site, unless otherwise permitted by the Manager of Operations,
(b)
recreational trailers parked not more than 24 hours consecutively within 20 metres
(65.6 feet) of the residence or adjacent to the front lot line of the lot from which it is
being loaded or unloaded for the purpose of loading and unloading only, as long as this
does not restrict the width of the highway to less than 6.0 metres (19.6 feet).
7.13 A person must not leave any trailer on any highway, boulevard or alley whether attached to a
motor vehicle or not, for longer than 24 hours.
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Recreational Vehicles
7.14 A person must not leave or park a recreational vehicle on a highway, alley, or City-owned
property except for a recreational vehicle parked not more than 24 hours consecutively and
within 20 metres (65.6 feet) of the residence or adjacent to the front lot line of the lot from
which it is being loaded or unloaded for the purpose of loading and unloading only. Any
Recreational Vehicle parked for such reasons must not obstruct or impede the sightlines of the
normal flow of traffic.
Occupation of Vehicles and Trailers
7.15 While parked upon any highway, boulevard, alley, or in any portion of a parking lot owned or
operated by the City, a person must not:
(a)
occupy a motor vehicle, or trailer as temporary or permanent living quarters;
(b)
operate, use, deploy or open extendable parts known as "push-outs" or "slide outs" on
a motor vehicle, recreation vehicle or trailer;
(c)
sleep in a motor vehicle, recreation vehicle or trailer.
Commercial Vehicles
7.16 A person must not park a commercial vehicle on a highway, except:
(a)
commercial vehicles under 4000 kilograms (8818.5 pounds) gross vehicle weight,
(b)
vehicles loading or unloading goods and materials between 7 a.m. and 9 p.m.,
(c)
contractor vehicles engaged in work in the area between 7 a.m. and 9 p.m., or
(d)
government or utility vehicles engaged in work upon a highway.
Passenger Zones and Loading Zones
7.17 A person must not stop a vehicle in a passenger zone or loading zone, except for:
(a)
a vehicle in a passenger zone or loading zone for the purpose of loading or unloading
passengers for a period not exceeding 3 minutes,
(b)
a vehicle in a loading zone for the purpose of loading or unloading materials for a
period not exceeding 10 minutes, or
(c)
a commercial vehicle in a loading zone for the loading or unloading of materials for a
period not exceeding 30 minutes.
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Page 13 of 22
Obstruction by Motor Vehicles
7.18 No vehicle must be left standing or parked:
(a)
in violation of this Bylaw,
(b)
in a position that causes it to interfere with an emergency situation,
(c)
in a position that causes it to interfere with the normal flow of traffic on the highway,
or,
(d)
in a position that causes it to interfere with the construction, improvement,
maintenance, removal of snow, alteration, extension, widening, marking, or repair of a
highway or any other City operation.
PART 8 - SIGNS
8.1
A person must not place, erect or maintain any sign or advertisement affixed to traffic control
devices or in any way which obstructs the free passage or visibility traffic.
8.2
A person must not post or exhibit any poster, placard or sign of any kind upon or adjacent to
any highway by means of paste, glue or similar adhesive to utility poles, traffic control devices,
City infrastructure or trees.
Election Signs
8.3
A person must not install a political sign located on private property:
(a) without the consent from the private property owner(s) to erect a political sign on their
property,
(b) the sign area does not exceed three (3) square metres,
(c) the sign is removed within fourteen (14) days after the election
(d) the sign does not restrict sightlines of vehicle operators or pedestrians in the vicinity of
the sign.
8.4
No political signs shall be erected or placed on any public property
8.5
In addition to 8.4, no election political sign must not be placed or installed within a one
hundred (100) metre radius of any voting location.
Sandwich Board Signs
8.6
One sandwich board sign is permitted to be placed or displayed on a sidewalk per business.
8.7
A person must only place or display a sandwich board sign on a sidewalk:
Traffic & Highways Bylaw No. 2689, 2019
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(a)
no closer than 0.3 metres (1.0 feet) from the curb,
(b)
at least 1.5 metres (4.9 feet) from any construction or works,
(c)
in such a way that it does not:
i.
impede pedestrian traffic,
ii.
leave less than 1.5 metres (4.9 feet) of sidewalk width clear for pedestrians and
other users of the sidewalk,
iii.
leave less than 1.8 metres (5.9 feet) of sidewalk width clear for pedestrians and
other users of the sidewalk, if the sidewalk is a minimum of 2.7 metres wide
(8.9 feet),
iv.
impede vehicular traffic or sightlines of vehicular traffic,
v.
restrict access to and egress from vehicles lawfully parked or stopped on a
street,
vi.
interfere with the use of any City infrastructure, including street furniture,
lampposts, vegetation and bus stops,
vii.
interfere with City operations, including snow removal, maintenance or
cleaning, or
viii.
cause any damage to City property.
8.8
A person must not place, display or erect a sandwich board sign:
(a)
that is illuminated,
(b)
that is attached to the sidewalk, boulevard, highway, ground, a building or other
structure, or any type of conveyance,
(c)
on a sidewalk when there is uncleared snow or ice on the sidewalk or between 5:00
a.m. and 9:00 a.m. as to not impede sidewalk snow removal or sanding,
(d)
on a sidewalk when the weather, including wind, would cause the sign to become a
danger or hazard,
(e)
in an alley,
(f)
that has anything attached to it, including but not limited to balloons, pamphlets,
pennants or flags,
(g)
that exceeds 1.1 metres (3.6 feet) in height.
PART 9 - REMOVAL OF VEHICLES, CHATTELS AND OBSTRUCTIONS
Removal of Vehicle
9.1
A driver or person in charge of a vehicle must move a vehicle when requested by a Traffic
Officer to a position determined by a Traffic Officer.
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9.2
A Traffic Officer may move, seize, detain or impound a vehicle, or cause a vehicle to be moved,
seized, detained or impounded, and taken and stored in a safe and otherwise suitable place
that is:
(a)
unlawfully occupying a portion of a highway or public place,
(b)
in a position that interferes with the construction, improvement, alteration, extension,
widening, marking or repair of a highway,
(c)
parked on a highway or public place in such a manner that impedes the removal of
snow by the City, its contractors or authorized agents, or
(d)
in a position that causes the vehicle to interfere with firefighting or other emergency
services at the scene of an emergency.
9.3
A vehicle seized, detained or impounded under this Bylaw may be disposed of in accordance
with the provisions of the Warehouse Lien Act.
9.4
Any expenses incurred in the removal, seizure, detention, impoundment, or disposal of a
vehicle under this Bylaw, less any proceeds of disposal if any, are recoverable as a debt due to
the City, its contractors, or authorized agents from the person who placed or parked or
authorized the placement or parking of the vehicle in violation of this Bylaw.
9.5
In the absence of proof to the contrary, the last person whose name appears as owner of a
vehicle in the records of the Insurance Corporation of British Columbia is considered to have
authorized the parking or placement of the vehicle at the place from which is was removed.
Removal of Chattel or Other Things
9.6
Any chattel, obstructions, or other things unlawfully occupying any portion of a highway or
public place that is considered a danger or hazard to persons using the highway as determined
by the Manager of Operations, Peace Officer, Traffic Officer or Bylaw Enforcement Officer may
be removed, detained or impounded immediately by the authorized Traffic Officer.
9.7
Any chattel, obstructions, or other things unlawfully occupying any portion of a highway or
public place for more than 48 hours that is not considered a danger or hazard to persons using
the highway as determined by the Manager of Operations, Peace Officer or Bylaw
Enforcement Officer may be removed, detained or impounded immediately by the authorized
Traffic Officer.
9.8
After detention, removal or impoundment, the person entitled to the possession of the
chattel, obstruction or thing may obtain its release:
(a)
upon signing an undertaking that that person will not again place it on, above or in
any highway, sidewalk or other public place in contravention of this Bylaw, and
(b)
upon payment to the City of any fines, fees or costs or expenses levied or incurred by
the City.
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9.9
Where, in the opinion of the Manager of Operations or Traffic Officer or a Bylaw Enforcement
Officer, the apparent market value of any chattel, obstruction or thing left on the highway or
other public place has an apparent market value of less than $100.00, such thing may be
removed and disposed of.
9.10 Any fees, costs and expenses for removal and disposal of an object disposed of by the City may
be charged to the owner of the object, the person or contractor responsible for that object, or
the owner of property from which the object originated.
Recovery of Chattel or Other Things
9.11 Any chattel, obstruction or other thing removed, detained or impounded may be recovered by
the owner from the City upon:
(a)
presenting proof of ownership, and
(b)
payment in full of any fines, fees, costs and expenses which may be levied pursuant
to the provisions of this Bylaw.
Disposal of Detained Chattel or Other Things
9.12 If the person entitled to the possession of any detained object does not within 30 days after
the date of its detention sign the undertaking and pay the fines, fees, costs and expenses, the
Manager of Operations may:
(a)
cause it to be disposed of in accordance with the Warehouse Lien Act,
(b)
cause any detained object to be sold by public auction to the highest bidder if it
appears to the Manager of Operations or Traffic Officer that the object detained has
a market value of $500.00 or more,
(c)
cause any detained object to be sold through public advertisement either through
the Internet or in a newspaper if it appears to the manager of operation that the
object detained has a market value of $100.00 to $499.99, or
(d)
cause it to be disposed of as garbage.
9.13 Any public auction of a detained object must be advertised at least once in a newspaper
distributed at least weekly in the City.
9.14 The proceeds of any public auction sale of a detained object will be applied:
(a)
first to the cost of the sale
(b)
second to the fines, fees, costs and expenses of the City, its contractors, or
authorized agents related to the detainment, and
(c)
thirdly the balance, if any, shall be held by the City for one year from the date of sale
for the owner, of which the City will attempt to notify the owner where possible, and
Traffic & Highways Bylaw No. 2689, 2019
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if this balance is unclaimed by the end of one year, such sum shall be paid into the
general revenue of the City.
9.15 If any chattel, obstruction or other thing subject to a public auction is not purchased, the
Manager of Operations or Traffic Officer may dispose of the object and the expenses incurred
by the City for the disposal, less any proceeds if any, are recoverable as a debt due to the City
from the owner.
PART 10 - OTHER USES RESTRICTED TO PERMIT
10.1 Except as specifically authorized by Permit, or under this Bylaw or other enactment, as
applicable, a person must not:
(a)
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,
(b)
cause damage to, cut down or remove trees, grass, shrubs, plants, bushes and
hedges, fences, signs, or other things erected, planted or maintained by the City on a
highway,
(c)
change the level of a highway, or stop the flow of water through any drain, sewer or
culvert on or through a highway,
(d)
place, construct or maintain a chattel, loading platform, skids, rails, mechanical
devices, buildings, signs or any other structure or thing on a highway,
(e)
construct or maintain a ditch, sewer or drain, the effluent from which causes
damage, fouling, injury or nuisance to any portion of a highway,
(f)
mark or imprint or deface in any manner whatsoever a highway or structure situated
upon a highway,
(g)
erect or maintain any sign, advertisement or guidepost on or over any highway or
alter, repair, tear down or remove any sign, advertisement or guidepost erected or
maintained on any highway,
(h)
operate steel tracked vehicles, whether equipped with road plates or not, on
sidewalks, boulevards, highways or alleys, other than for the purpose of snow
removal or grading,
(i)
ride, drive, lead, move or propel any vehicles or animal in excess of 270.0 kilograms
(595.2 pounds) over or across a boulevard including any curb, sidewalk or ditch
unless such has been constructed or improved to form a suitable crossing, except
when in use to improve or maintain the boulevard,
(j)
construct a boulevard crossing, including a curb, ditch or sidewalk crossing,
(k)
fail to comply with the terms, conditions, restrictions or requirements of a Permit.
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10.2 A person must apply in writing for a Permit on a form established by the City to carry out or
engage in any activity listed in subsection 10.1. Any damages related to the undertakings of
the permit application may be subject to penalties as outlined in Part 12 of this Bylaw.
PART 11- SPEED LIMITS
Speed Limits - Highway
11.1 The maximum speed on any highway in the City of Rossland shall be thirty (30) kilometers per
hour unless otherwise posted with the following exceptions:
(a) School Zones which will be thirty (30) kilometers per hour from 8:00 a.m. to 5:00 p.m. on
a regular school day;
(b) Playground Zones which will be thirty (30) kilometers per hour from sunrise to sunset daily.
Speed Limits - Alley
11.2 A person must not operate a vehicle on an alley at a greater rate of speed than twenty (20)
kilometers per hour.
Speed Limits - Construction
11.3 A person must not operate a vehicle within a construction zone at a speed greater than
twenty (20) kilometers per hour unless otherwise posted.
PART 12 - ENFORCEMENT
Obstruct Bylaw Enforcement Officer
12.1 Every person must comply with an order, direction, signal or command made or given by a
Bylaw Enforcement or Traffic Officer under this bylaw.
12.2 No person may refuse to comply with the lawful direction of any Bylaw Enforcement
Officer or Traffic Officer or otherwise hinder, delay or obstruct in any manner, directly
or indirectly, a Bylaw Enforcement Officer or Traffic Officer carrying out duties in
accordance with this bylaw.
Offences and Penalties
12.3 Any person who contravenes, suffers or permits any act or thing to be done in contravention
of, or neglects to do or refrains from doing anything required to be done pursuant to any
provision of this Bylaw or any permit or order issued pursuant to this Bylaw, commits an
offence punishable on summary conviction, and shall be liable to a fine not less than $100.00
and not exceeding $10,000.00.
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12.4 Any person other than the owner or operator of a vehicle who removes a notice or ticket
affixed or placed on a vehicle by a Traffic Officer commits an offence.
12.5 Where an offence is a continuing offence, each day that the offence is continued will
constitute a separate and distinct offence.
12.6 In addition to any other penalty which may be incurred, anyone failing to comply with the
provisions of this Bylaw within the time specified or within a reasonable time upon notice to
that effect by the City, shall be subject to:
(a) the City carrying out any such work at the expense of the offender; and
(b) any charges or costs incurred by the City in this regard.
12.7 Where any section of this Bylaw refers to the requirement to pay a fee, charge, penalty or cost
recovery, the amount required shall be outlined in the City's Fees and Charges Bylaw and its
amendments.
PART 13 - SEVERABILITY
13.1 If any section, subsection, sentence, clause or phrase of this Bylaw is, for any reason, held to
be invalid by a decision of any court of competent jurisdiction, the invalid portion shall be
severed, and the part that is invalid shall not affect the validity of the remainder.
PART 14 - ENACTMENT AND REPEAL
14.1 City of Rossland Traffic and Highways Regulation Bylaw No. 1977 (1998) and any of its
amendments are repealed in their entirety.
14.2 Schedule A is attached and form part of this bylaw.
14.3 This Bylaw will come into full force and effect on the final adoption thereof.
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME
FINALLY ADOPTED
this 7th day of October 2019
this 2l5t day of October 2019
this 2l5t day of October 2019
this 4th day of November 2019
Chief Administrative Officer/
Corporate Office
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SCHEDULE A- Fee Schedule
Traffic and Highways Regulation Bylaw No. 2689, 2019
Column 1
Column 2
Word or Expression Designating Offence
Bylaw Section
Refuse to comply
5.1
Hinder or obstruct Traffic or Bylaw Officer
5.2
Disobey traffic control device
5.3
Install false traffic control device
5.4
Damage traffic control device
5.5
Interfere at emergency scene
5.6
Unlawful parade
5.7
Unlawfully close highway
5.8
Obstruct sidewalk or impede traffic
5.9
Litter on highway
5.10
Leave chattel on highway
5.11
Damage boulevard
5.12
Interfere with highway
5.12
Damage from vegetation
5.12
Failure to barricade construction
5.13
Children riding bicycles on sidewalk with wheels
5.14
greater than 60 cm
Operating a cycle on a sidewalk in a reckless or
5.15
dangerous manner
Drive on sidewalk
6.1
Fail to stop from alley
6.2
Drive with spiked tires/tracks etc. outside of
6.3
designated period of time
Failure to apply for Extraordinary Traffic Permit or
6.5
operating without approval
Unlawful parking
7.1
Winter Parking or placing snow that impedes the 7.2, 7.3, 7.4, 7.5
removal of snow by the City
Winter on-street parking without permit
7.6
Column 3
Column 4
Ticket Fine
Early Pay Fine
$100
$50
$500
$250
$100
$50
$100
$50
$200
$100
$1000
$500
$100
$50
$1000
$500
$100
$50
$200
$100
$200
$100
$200 + actual costs
$100 + actual costs
$200 + actual costs
$100 + actual costs
$200 + actual costs
$100 + actual costs
$200
$100
$50
$25
$50
$25
$200
$100
$200
$100
$200
$100
$200 + actual costs to
fix or to repair to
$100
current standards
$50
$25
$100
$50
$100
$50
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SCHEDULE A- Fee Schedule Continued
Traffic and Highways Regulation Bylaw No. 2689, 2019
Column 1
Word or Expression Designating Offence
Park unlicensed vehicle
Park in alleys
Park for unlawful purpose (sale or repair)
Park near playground access
Park in disabled zone
Park detached trailer
Park recreational vehicle
Occupation of Vehicles and Trailers
Park commercial vehicle
Park in loading zone
Motor vehicle obstruction
Sign that obstructs
Sign posted by adhesive
Election Signs
Place second sandwich board sign
Sandwich board sign noncompliance
Unlawful sandwich board sign
Fail to move vehicle
Failure to obtain a required permit for work on
City Property
Column 2
Bylaw Section
7.7
7.8
7.9
7.10
7.11
7.12, 7.13
7.14
7.15
7.16
7.17
7.18
8.1
8.2
8.3, 8.4, 8.5
8.6
8.7
8.8
9.1
10.1, 10.2
Column 3
Column 4
Ticket
Early
Fine
Pay Fine
$50
$25
$50
$25
$100
$50
$150
$25
$200
$100
$100
$50
$100
$50
$100
$50
$100
$50
$100
$50
$200
$100
$50
$25
$50
$25
$50
$25
$50
$25
$50
$25
$100
$50
$100
$50
$300
$150
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