Traffic & Highways Regulation Bylaw No. 2689, 2019

Rossland, British Columbia · adopted 2019-11-04

This is the exact embedded text of the captured official document. Snapshot bf891b38dc9a · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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 Page 1 of 22 (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 Page 2 of 22 (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 Page 3 of 22 "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 Page 4 of 22 "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 Page 5 of 22 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. Traffic & Highways Bylaw No. 2689, 2019 Page 7 of 22 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 Page 8 of 22 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 Page 10 of 22 (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. Traffic & Highways Bylaw No. 2689, 2019 Page 11 of 22 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. Traffic & Highways Bylaw No. 2689, 2019 Page 12 of 22 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. Traffic & Highways Bylaw No. 2689, 2019 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 Page 14 of 22 (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. Traffic & Highways Bylaw No. 2689, 2019 Page 15 of 22 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. Traffic & Highways Bylaw No. 2689, 2019 Page 16 of 22 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 Page17of22 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. Traffic & Highways Bylaw No. 2689, 2019 Page 18 of 22 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. Traffic & Highways Bylaw No. 2689, 2019 Page 19 of 22 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 Traffic & Highways Bylaw No. 2689, 2019 Page 20 of 22 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 Traffic & Highways Bylaw No. 2689, 2019 Page 21 of 22 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 Traffic & Highways Bylaw No. 2689, 2019 Page 22 of 22