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TOWN OF SIDNEY
BYLAW NO. 1966
(CONSOLIDATED)
Amendment Bylaws incorporated as listed at the end of the document.
A BYLAW TO PROVIDE FOR GENERAL STREET REGULATIONS AND FOR THE
REGULATION OF VEHICULAR TRAFFIC ON THE STREETS OF THE TOWN OF
SIDNEY
The Municipal Council of the Town of Sidney enacts as follows:
1.
This bylaw is divided into the following parts relating to the following subjects:
Part I Procedure for Making Orders
Part IV General Street Regulations
Part II Traffic Regulations
Part V Offences and Penalties
Part III Parking and Stopping Regulations
Interpretation
2.
(a)
In this bylaw any orders made pursuant hereto, the expressions used shall have the
respective meanings assigned to them by the Motor Vehicle Act EXCEPT as set
forth in this Section or where the context otherwise requires.
(b)
In this bylaw, unless the context otherwise requires:
Administrator - shall mean the Chief Administrative Officer of the Town of Sidney.
Arterial Highway - shall have the same meaning as is set forth in the Highway Act.
Bicycle - shall mean and include any bicycle, tricycle or vehicle of a similar character.
Boat Trailer - a vehicle drawn behind a motor vehicle for the purpose of transporting a boat or
boats.
Boulevard - shall mean that portion of the street between the curb lines or the lateral lines of a
roadway and the adjoining property line, exclusively of the sidewalk.
Bus - shall mean a railless vehicle used as a public utility for the carriage of passengers.
Cause an obstruction - means:
(a)
to sit or lie on a street in a manner which obstructs or impedes the convenient
passage of any pedestrian traffic in a street, in the course of a solicitation;
(b)
to continue to solicit from or otherwise harass a pedestrian after that person has
made a negative initial response to the solicitation or has otherwise indicated a
refusal;
(c)
to physically approach and solicit from a pedestrian as a member of a group of two
or more persons;
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 2
(d)
to solicit on a street within 5 metres of:
(i)
an entrance to a bank, credit union or trust company, or
(ii)
an automated teller machine.
(e)
to solicit from any occupant of a motor vehicle in a manner which obstructs or
impedes the convenient passage of any vehicular traffic or in any way impedes or
obstructs the view of any driver of such vehicle on a road, highway or street.
Chief of Police - shall mean the officer-in-charge RCMP Detachment of the Town of Sidney.
Commercial Vehicle - shall mean a vehicle engaged in carrying goods, wares or merchandise
and so licensed in accordance with the provisions of the Motor Vehicle Act.
Crosswalk - shall mean that portion of the roadway ordinarily included within the prolongation of
the lateral lines of sidewalks at intersections and any other portion of a highway indicated for
pedestrian crossing by lines or other markings.
Disabled Persons' Parking Permit - means a permit in the form prescribed by Division 38 of the
Motor Vehicle Act Regulations, B.C. Reg 26/58, issued by a designated authority or placard,
permit, decal or licence plate issued for the same purpose by an authority having jurisdiction
elsewhere in British Columbia or Canada or in another country.
Driver - shall mean any person who drives, operates, propels or who is in physical control of a
vehicle.
Emergency Vehicle - shall mean:
(a)
an ambulance responding to a call or transporting a patient where there is an urgent
emergency justifying a rate of speed in excess of any maximum rate of speed
provided for in this bylaw,
(b)
a motor vehicle carrying rescue or first-aid equipment where there is an urgent
emergency justifying a rate of speed in excess of a maximum rate of speed provided
for in this bylaw,
(c)
a motor vehicle carrying fire fighting equipment in responding to an alarm or fire,
and
(d)
a motor vehicle driven by a police officer or constable or by a member of the police
branch of any of Her Majesty's Armed Forces or a member of the Provincial Police
Service in the discharge of his duty where there is an urgent emergency justifying a
rate of speed in excess of any maximum rate of speed provided for in this bylaw.
Hired Vehicle - shall mean and include every vehicle licensed to carry or used or plying for hire
within the Town of Sidney EXCEPT vehicles used and operated as part of the public transportation
system operating within the Town of Sidney.
Jay Walking - means to cross a roadway, not being a lane, at any place which is not within a
crosswalk and which is less than one block from an intersection at which traffic control signals are
in operation.
Intersection - shall mean the area embraced within the prolongation of the lateral property lines of
streets which join one another, whether such streets at the junction cross each other or merely
meet at an angle without crossing each other.
Lane - shall mean a public highway within the ordinary meaning of lane not designed for general
travel and primarily used as a means of access to the rear of residences and business
establishments.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 3
Loading Zone - shall mean an area or space on a roadway established by the authority of this
bylaw for the use of commercial vehicles in the loading and unloading of materials or passengers.
Municipal Council - shall mean the Municipal Council of the Town of Sidney.
Municipal Engineer - shall mean the Director of Engineering and Public Works duly empowered
by resolution.
Municipality - shall mean the Municipality of the Town of Sidney.
Nuisance - means an activity which substantially and unreasonably interferes with a person's use
and enjoyment of a public area or of land he or she occupies or which causes injury to the health,
comfort or convenience of an occupier of land and, if it does so, without limiting the generality of
the foregoing, may include, an activity such as a noisy party, a group of people making noise, loud
music, car racing, revving engines, yelling, shouting, screaming, fighting, littering and trespassing.
Park, Parking, or Parked - shall mean the standing of a vehicle whether occupied or not upon a
roadway otherwise than temporarily for the purpose of and while actually engaged in loading and
unloading merchandise, discharging or taking on passengers or in obedience to traffic regulations
or traffic signs or signals.
Parking Stall - shall mean a portion of a roadway indicated by markers as a parking place for one
vehicle.
Passenger Zone - shall mean the area or space on a roadway established by the authority of this
bylaw for unloading of passengers only.
Peace Officer - includes
(a)
a mayor, sheriff and sheriff's officer,
(b)
a warden, correctional officer, and any other officer or permanent employee of a
penitentiary, prison, correctional centre or youth custody centre, and
(c)
a police officer, police constable, constable or other person employed for the
preservation and maintenance of the public peace.
Pedestrian - means any person afoot.
Person - shall mean and include any person, corporation, partnership, firm, association or party.
Police Officer - shall mean any member of the police force of the Town of Sidney, the Royal
Canadian Mounted Police or any member of Municipal Police Force within the Province of British
Columbia.
Private Lane - shall mean every way or place or roadway which is privately owned and used for
vehicular travel by the owner or owners thereof and those having the permission of the owners,
express or implied, but does not include a driveway between a single residence and a street.
Public Place - shall mean and include all public squares, public gardens, public recreation
grounds, parks, lanes and streets within the Town of Sidney.
Roadway - shall mean that portion of the street improved, designed or ordinarily used for vehicular
traffic.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 4
Safety Zone - shall mean the area or space within a street designated by the Municipal Council,
Administrator or the Municipal Engineer for the exclusive use of pedestrians and which is marked
or indicated as such.
Sidewalk - shall mean that portion of a street between the curblines or the lateral lines of a
roadway and the adjacent property lines improved by the laying of concrete, gravel, planks, or
other material for the use of pedestrians.
Sidewalk Crossing - shall mean that portion of a sidewalk permanently approved or designated
for the passage of vehicular traffic.
Small Car - shall mean a vehicle not exceeding 4.5 metres in length or 1.5 metres in height.
Solicit - means to, without consideration, ask for money, donations, goods or other things of value
whether by spoken, written or printed word or bodily gesture, for one's self or for any other person,
and solicitation has a corresponding meaning, but does not include soliciting for charity by a
person authorized by way of Council approved policy, for soliciting for charity.
Specific Location - means in a specific geographical location in the Town or within 45 metres of
that specific geographical location.
Stop - (when required) shall mean a complete cessation of movement.
Stop or Stopping - (when prohibited) shall mean the coming to rest of a vehicle except when
necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or
traffic control signal or traffic sign.
Street - shall include roadway, boulevard and sidewalk as well as any way, road, lane, alley,
avenue, thoroughfare, drive, bridge, square or open space in the Town which is open to the use of
the public as a matter of right, for the purpose of traffic.
Street line - shall mean the boundary line between any street and any property which is not a
street.
Town - shall mean the Town of Sidney.
Traffic Control Signal - shall mean any authorized device manually, electrically or mechanically
operated for the regulation of traffic.
Traffic Control Flashing Signal - shall mean any authorized device which is operated
mechanically or electrically to regulate traffic by indicating by flashing coloured lights the
precaution to be taken by traffic proceeding in any given direction.
Traffic Sign - shall mean any authorized sign, signal (other than the traffic control signal and traffic
control flashing signal) marking or other device placed, painted or erected for the guidance,
regulation, warning, direction or prohibition of traffic, parking or stopping.
Trailer - shall mean every vehicle with or without motive power designed for carrying persons or
property and for being drawn by a motor vehicle.
Trust company - means an office or branch of a trust company to which the Trust and Loans
Company Act (Canada) applies and in which deposit accounts are held.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 5
Unlicenced Vehicle - means a vehicle which does not display a current motor vehicle licence
issued under the provisions of the Motor Vehicle Act. or the motor vehicle licensing provision of
another jurisdiction.
Vehicle - shall mean and include any device in, upon or by which any person or property is or may
be transported or drawn upon a street, irrespective of motor power, including a horse led or ridden
but shall
not include any conveyance running only upon rails.
Weapon - shall mean and include all types of fire arms as well as air guns, air rifles, air pistols and
spring guns.
PART I
PROCEDURE FOR MAKING ORDERS
3.
(a)
Any order or orders made by the Administrator or the Municipal Engineer pursuant
to any power delegated by this bylaw shall, before coming into effect, be approved
by a resolution of the Municipal Council and shall come into force immediately upon
such approval being given unless a later date is specified in the order or orders.
(b)
The order referred to in Subsection (a) hereof shall be set forth in writing and signed
by the Administrator or the Municipal Engineer and forwarded to the Administrator.
Upon receipt of any such order the Administrator shall present the same to the next
meeting of the Municipal Council for its approval or other action.
(c)
Upon such order or orders being approved by the Municipal Council pursuant to the
Section, the Administrator shall endorse thereon the fact of such approval and the
date thereof and file the order or orders.
(d)
In lieu of the procedure set forth in Subsection (b) hereof, the Administrator or the
Municipal Engineer may forward any order or orders to an appropriate committee of
the Municipal Council for their consideration and after considering the same, such
committee may present the order or orders with or without any recommendation to a
meeting of the Municipal Council for its approval or other action.
(e)
The Administrator or the Municipal Engineer may rescind, revoke, amend or vary
any order or orders made by him by a further order or orders made in conformity
with this Section and submitted to the Municipal Council pursuant to either
Subsection (b) or Subsection (d) hereof.
(f)
Where in this bylaw the Administrator and or Municipal Engineer is empowered to
make any order or orders, such power may be exercised at any time or from time to
time as he may deem necessary or expedient.
(g)
The Administrator shall have custody of all orders made pursuant to this bylaw after
the same have been approved by the Municipal Council and having seen to their
completion, he shall preserve and keep the originals thereof. He shall keep on hand
at least one duly certified copy of each order which on request shall be made
available for perusal by any person during regular office hours and he shall furnish
certified copies of such orders and may charge a fee In accordance with the
Miscellaneous Fees and Charges Bylaw 1711.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 6
Powers of Municipal Council not affected by Orders:
4.
Nothing in this bylaw contained shall be construed to limit in any way the power of the
Municipal Council to initiate, adopt, repeal or amend bylaws in respect of any matter dealt
with in this bylaw notwithstanding that any authority has been given or delegated herein
and any order or orders made by the Administrator and or Municipal Engineer shall be valid
and effective only to the extent that they are not inconsistent with the provisions of any
bylaw of the Municipal Council for the time being in force. The Municipal Council may by
bylaw at any time rescind or revoke any order or orders made by the Administrator and/or
Municipal Engineer.
5.
Notwithstanding Section 3 hereof, orders made for the issuance of any permit or the
granting of any permission or consent made or given pursuant to this bylaw by the
Administrator or Municipal Engineer or other officer or employee of the Municipality duly
empowered to make the same, shall come into force and take effect forthwith upon the
making thereof or, if a time shall be stated therein in that behalf, then at such time. No such
order or any order for the recision, revocation, amendment or variation thereof need be
approved or ratified by the Municipal Council or forwarded to, endorsed by or kept in the
custody of the Administrator but shall be a good and sufficient order from the time of
making thereof according to its tenor.
PART II
TRAFFIC REGULATIONS
POWERS OF ADMINISTRATOR AND/OR MUNICIPAL ENGINEER
6.
For the purpose of regulating the movement of traffic within the Town of Sidney, the
Administrator and/or the Municipal Engineer may by order:
(a)
No "U" Turns - designate the intersections where signs bearing words or symbols
indicating that "U" turns are prohibited shall be placed.
(b)
No Left Turns - designate the locations at intersections where signs bearing words
or symbols indicating that left-hand turns are prohibited shall be placed.
(c)
"Stop" Signs - designate the locations at intersections where signs bearing the
word "stop" shall be placed.
(d)
Traffic Lights - designate the locations where traffic control signals as described in
Section 128 of the Motor Vehicle Act shall be placed.
(e)
One-Way Streets - designate the intersections where signs bearing words or
symbols indicating that a street is a one-way street shall be placed together with
such other signs as the Administrator and/or Municipal Engineer deem advisable in
order to prohibit traffic proceeding in more than one direction upon such one-way
street.
(f)
Crosswalks - designate the portions of streets which shall be crosswalks and shall
be marked by distinctive lines or markers upon the street surfaces and where signs
indicating such portions of streets are crosswalks shall be placed.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 7
(g)
Laned Roadways - designate the roadway or part of a roadway upon any street or
part thereof to be a "laned roadway" within the meaning of the Motor Vehicle Act
and providing for the marking thereof with suitable lines upon the roadway.
(h)
Turning-Laned Roadways - designate the lane or lanes upon a laned roadway at
or near an intersection where suitable traffic-control devices shall be placed to direct
that no turn or turns only in certain directions shall be made at the intersection by
vehicles traveling in such lane or lanes.
(i)
Highway Lines - designate the street or streets or portions thereof which shall be
marked with lines in the manner provided by Section 155 of the Motor Vehicle Act.
(j)
Highway Dividers - designate the street or streets or portions thereof which shall
be divided in the manner provided by Section 163 of the Motor Vehicle Act.
7.
School Patrols:
(a)
The Principal of any public or private school may appoint a number of the students
of such school to constitute a traffic patrol and thereupon such pupils shall be
vested with power to require the stopping of vehicles at crosswalks by displaying
flags or other devices bearing the word "Stop".
(b)
No driver of a vehicle which is approaching a crosswalk where a member of a traffic
patrol is in attendance shall cause or permit the vehicle to proceed through or into
the crosswalk when a flag or other device with the word "Stop" thereon is being
displayed so as to face traffic approaching from either direction.
8.
Firefighters May Direct Traffic:
Any officer or member of the Fire Department of the Municipality of the Town of Sidney or
any police officer of the Municipality of the Town of Sidney while acting upon or in the
course of duties connected with the Fire Department in attendance at or near any fire or
other emergency may direct traffic on any street in the vicinity of such fire or other
emergency and every person shall comply with the directions of any such officer or member
of the Fire Department or Police Force.
9.
Temporary Closing of Streets:
The Administrator and or Municipal Engineer shall be empowered without an order to direct
that on any street where construction, re-construction, widening, repair, marking or other
work is being carried out, traffic control devices shall be erected or placed to regulate or
prohibit traffic in the vicinity of such work and/or limit the rate of speed of vehicles.
10.
Work in Streets:
The Administrator and/or Municipal Engineer shall be empowered without an order to direct
that on any street where construction, re-construction, widening, repair, marking or other
work is being carried out, traffic-control devices shall be erected or placed indicating that
men or equipment are working upon the street.
11.
Moving of Vehicle into Vehicular Traffic:
No person shall move any vehicle from a stationary position at the curb or edge of the
roadway into the line of vehicular traffic up on the street without first having signaled his
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 8
intention so to do by means of an appropriate hand and arm or mechanical signal as
prescribed for left turns by the Motor Vehicle Act and unless he has ascertained that the
movement can be made in safety, having regard to the nature, condition and use of the
highway and the traffic which actually is at the time or might reasonably be expected to be
on the highway.
12.
Police - Temporary Traffic Control:
Any police officer is hereby authorized to place or employ such temporary traffic-control
devices as he deems necessary to assist in controlling traffic.
13.
Speed Limits:
(a)
The rate of speed at which a person may drive or operate a motor vehicle upon a
highway, roadway or lane in the Municipality shall not exceed fifty (50) kilometers
per hour save in such portions of the Municipality in respect of which lesser
maximum speeds are provided for in this bylaw or the Motor Vehicle Act.
(b)
The maximum rate of speed at which a person may drive or operate a motor vehicle
upon the following streets shall be thirty (30) kilometers per hour: Allbay Road;
Harbour Road; Epco Drive; Brethourpark Way; Resthaven Drive between Sidney
Avenue and Mills Road; and those streets bounded by the waterfront to the east,
Highway No. 17 to the west, Ocean Avenue to the south and Sidney Avenue, James
White Boulevard, Swiftsure Place and Bessredge Place to the north.
(c)
The Administrator and/or the Municipal Engineer shall cause to be placed upon the
streets referred to in Subsection (a) and (b) of this Section such signs indicating the
speed limits aforesaid as may be required.
(d)
The provisions of this Section shall not apply to an emergency vehicle as defined in
Section 2 hereof.
PART III
PARKING AND STOPPING REGULATIONS
Division (i)
Powers of Administrator and/or Municipal Engineer
14.
The Administrator and/or Municipal Engineer may from time to time make orders in respect
of all or any of the following matters or things, that is to say:
(a)
No Stopping Zones - designate certain streets or portions of streets as "No
Stopping" zones and designating the hours of the day during which stopping is
prohibited within such zones.
(b)
No Parking Zones - designate certain streets or portions of streets as "No Parking"
zones and designating the hours of the day during which parking is prohibited within
such zones.
(c)
Limited Time Parking Zones - designate certain streets or portions of streets as
"Limited Time Parking" zones and designating the length of time during which
vehicles may be continuously parked within such zones and designating the hours
of the day during which the regulation in respect of any such zone or zones are to
apply.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 9
(d)
Loading Zones - designate certain streets or portions of streets as "Loading" zones
and designating the hours of the day during which such zones are to be in effect as
loading zones.
(e)
Taxi Stands - designate certain streets or portions of streets as "Taxi Stands" for
the exclusive use of cabs or any class of cabs.
(f)
Bus Zones - designate certain streets or portions of streets as "Bus" zones for the
exclusive use of transportation buses or any class or classes thereof and
designating the day or days and the hours of the day during which the stopping,
standing or parking therein of vehicles other than such buses or class or classes
thereof is prohibited.
(g)
Angle Parking - designate certain streets or portions of streets as "Angle Parking"
zones within which vehicles shall be parked only at an angle with the curb or edge
of the roadway and generally designating certain streets or portions of streets and
the hours and days within and during which stopping, standing or parking of the
vehicles otherwise than in the manner prescribed by Section 188 of the Motor
Vehicle Act is permitted or required and the conditions and restrictions applicable
thereto.
(h)
Traffic Control Devices - providing for the erection, placing, painting or marking
upon any streets or portions of streets of such traffic-control devices as the
Administrator and/or Municipal Engineer deems necessary or expedient to give
effect to the provisions of this bylaw, or any orders made pursuant to this bylaw, the
Motor Vehicle Act and Regulations made thereunder, and such provision may be
included in any order made pursuant to any of the sub-paragraphs of this
Subsection or may be set forth in a separate order or orders.
(i)
Reserved Parking - setting apart and allotting certain portions of streets adjacent to
any Federal, Provincial or Municipal public building for the exclusive use of officials
and officers engaged therein for the parking of vehicles and providing that certain
portions may be used exclusively by certain officials and officers and designating
the hours of the day during which such portions of streets shall be so set apart and
allotted.
(j)
Special Parking - designate the streets or portions of streets where the drivers of
vehicles shall not be required to park the vehicle in the manner prescribed in
Section 188 of the Motor Vehicle Act and providing that the driver shall park the
vehicle in the manner indicated by lines or other markings or signs displayed in each
of such places, designating the type or types of vehicles to which such order shall
apply.
(k)
Parking Vehicles Over 6.1 Metres - designate the streets or portions of streets
where the drivers of vehicles having, together with any load carried thereon, or any
trailer attached thereto an overall length in excess of 6.1 metres may not park such
vehicle except for the purpose of loading or unloading merchandise or freight.
(l)
Parking with Boat Trailers - designate the streets or portions of streets where the
drivers of vehicles with boat trailers may not park such vehicle and trailer.
(m)
Passenger Zones - designate the streets or portions of streets which shall be
"Passenger" zones for the exclusive use of vehicles while engaged in loading or
unloading of passengers.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 10
(n)
Small Car Parking - designate the streets or portions of streets, or parking spaces
on public property that shall be for the exclusive use of small cars, as defined under
this bylaw.
Division (ii)
Prohibitions
15.
No Stopping Zones:
No person being in charge, control or possession of a vehicle shall cause or permit
such vehicle to stop or remain standing in any "No Stopping" zones during the hours
of the day during which stopping therein is prohibited.
16.
No Parking Zones:
(a)
No person being in charge, control or possession of a vehicle shall park such
vehicle or permit the same to remain parked in any "No Parking" zone during
the hours of the day during which parking therein is prohibited.
(b)
Where any person being in charge, control or possession of a vehicle causes
or permits such vehicle to remain at rest in a "No Parking" zone for the
purpose of loading or unloading for a period in excess of two (2) minutes,
such vehicle shall be deemed to be "Parked" within the meaning of this
Section.
17.
Limited Time Parking Zones:
(a)
No person being in charge, control or possession of a vehicle shall park such
vehicle or permit the same to remain parked in any limited time parking zone
for a period in excess of the time during which vehicles may be continuously
parked within such zone as indicated by signs placed in or near such zone
pursuant to this bylaw.
(b)
Where a vehicle has been parked in a "Limited Time Parking" Zone in
violation of the provisions of this Section, a separate offence shall be
deemed to be committed at the expiry of each further period of time during
which the vehicle would have been lawfully parked as indicated by signs
placed in or near the Zone.
(c)
For the purpose of this Section, a vehicle shall be deemed to have been
continuously parked:
(i)
for as long as it remains within the block in which it was originally
parked, or
(ii)
if moved out of the block in which it was originally parked and returned
within a period shorter than the time limit established for the "Limited
Time Parking" zone.
18.
Loading Zones:
(a)
No person being in charge, control or possession of a vehicle shall cause or
permit such vehicle to stop or remain standing in any loading zone during the
hours of the day when such loading zone is in effect unless the vehicle is a
commercial vehicle as defined by this bylaw and goods, wares or
merchandise are actually being loaded or unloaded there from.
(b)
No person being in charge, control or possession of a commercial vehicle
shall cause or permit such vehicle to stop or remain standing in any loading
zone during the hours mentioned in Subsection (a) for a period exceeding
one-half (1/2) hour.
19.
Passenger Zones:
No person being in charge, control or possession of a vehicle shall cause or permit
such vehicle to stop or remain standing in any "Passenger" zone except for the
purpose of loading or unloading passengers and while actually engaged in so doing.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 11
20.
Taxi Stands:
(a)
No person being in charge, control or possession of a vehicle other than a
cab shall cause or permit such vehicle to stop or remain standing within any
area designated as a "Taxi Stand".
(b)
Where any taxi stand has been designated for the exclusive use of a
particular class of cab, no person being in charge, control or possession of a
vehicle not belonging to such class of cabs shall cause or permit such
vehicle to stop or remain standing within such "Taxi Stand".
21.
Cabs To Stand Only in Allotted Stands:
No person being in charge, control or possession of a cab as aforesaid shall permit
the said cab to stand or remain standing upon any street except within a taxi stand
designated for the use of the particular class of cab to which such cab belongs.
22.
Bus Zones:
No person being in charge, control or possession of a vehicle not being a
transportation bus of the class or classes for the exclusive use of which an area
designated as a "Bus" zone is set apart shall cause or permit such vehicle to stop or
remain standing within any such area during the time or times when the same is
designated as being so set apart.
23.
Reserved Parking Areas:
Where any portion of a street has been set apart for the exclusive use of any of the
officials or officers mentioned in Section 14 (i) of this bylaw no person being in charge,
control or possession of a vehicle who is not an official or officer to whom the said
portion of the street has been allotted shall park such vehicle or permit the same to
remain parked upon the portion of the street so set apart during the hours of the day
during which such portion of the street is set apart.
24.
Angle Parking:
(a)
No person being in charge, control or possession of a vehicle shall park such
vehicle within an "Angle Parking" zone except so that it shall stand within 0.3
metres of and at an angle with the curb as indicated by the lines markings or
other signs placed for the purpose and at a distance of not less than 0.6
metres from any other vehicle.
(b)
No person being in charge, control or possession of a vehicle having an
over-all length in excess of 6.1 metres shall park such vehicle in an "Angle
Parking" zone.
25.
Special Parking:
Where lines, markings or other signs are placed upon any portion of a street indicating
the size or type of vehicle or manner in which vehicles shall be parked thereon, no
person being in charge, control or possession of a vehicle shall park such vehicle upon
the said portion of a street except in accordance with such lines, markings or other
signs.
26.
Standing While Loading or Unloading Vehicles:
Except as designated by order of the Administrator and or the Municipal Engineer, the
person being in charge, control or possession of a vehicle while loading or unloading
merchandise or freight may not permit such vehicle to stand in any street otherwise
than in the manner prescribed by Section 188 of the Motor Vehicle Act at any time on
any day which is a holiday as defined by the Interpretation Act, or on any other day
between the hours of 7:30 a.m. and 6:00 p.m., or such other hours as may be
designated by order of the Administrator and/or Municipal Engineer.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 12
27.
Unlicensed Vehicles:
No person shall park an unlicensed vehicle in whole or in part, on any street or public
property.
28.
24 Hour Parking Restriction:
No person being in charge, control or possession of a vehicle shall cause or permit
such vehicle to remain continuously parked upon any street or public property for a
period in excess of twenty-four (24) consecutive hours.
29.
Distance between Vehicles:
Where vehicles are parked parallel to the edge of the roadway no person being in
charge, control or possession of a vehicle shall cause or permit the vehicle to be
parked closer than 1.2 metres from any other parked vehicle.
30.
Maintaining Driveway Access:
No person being in charge, control or possession of a motor vehicle shall cause or
permit such a vehicle to remain standing or parked in front of, or within 2.0 metres of
any private or public driveway, or in front of or within 3.0 metres of any commercial
driveway, as measured from a line projected to the curb, or edge of pavement, from
the functional travelled edges of the driveway.
31.
No Stopping on Left Side of Street:
Except when the Bylaw permits and otherwise directs or a Police Officer so instructs,
no driver shall stop, stand or park a vehicle other than on the right side of a highway
and with the right hand wheels parallel to that side and where there is a curb, within
0.30 metres of the curb.
32.
Yellow Curb
Other than a peace officer engaged in the lawful execution of their duties, a person
must not stop, stand or park a vehicle alongside a painted yellow curb, except when
necessary to avoid conflict with the directions of a peace officer or a traffic control
device.
33.
Crosswalk
Other than a peace officer engaged in the lawful execution of their duties, a person
must not stop, stand or park a vehicle within 6 meters of the approach side of a
crosswalk, except when necessary to avoid conflict with the directions of a peace
officer or a traffic control device.
34.
Fire Hydrant
Other than a peace officer engaged in the lawful execution of their duties, a person
must not stop, stand or park a vehicle within 5 meters of a fire hydrant, except when
necessary to avoid conflict with the directions of a peace officer or a traffic control
device.
35.
Disabled Parking
No person, other than a permitted driver displaying a valid Disabled Persons' Parking
Permit, may park or stop a vehicle, or cause or permit it to remain standing, in a
Parking Zone for Disabled Persons.
36.
Detached Trailer
No person being in charge, control or possession of a trailer shall cause or permit
such trailer to be parked upon any street while detached from the towing unit where
prohibited by sign.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 13
37.
Sleeping in a Vehicle:
No person shall use any vehicle or trailer parked on a street for the purpose of
lodging, sleeping accommodation or a residence.
38.
Parking of Commercial Vehicles in Residential Districts:
(a)
No person being in charge, control or possession of a commercial vehicle
whose length exceeds 6.1 metres or whose height from the street level
exceeds 2.0 metres shall park on that side of a street which abuts property
that is within Single or Two Family Residential or Multi-Family Residential
areas as designated in the Zoning Bylaw of the Town of Sidney.
(b)
In this Section "Commercial Vehicle" shall be defined as in the Commercial
Transport Act of British Columbia and amendments thereto and the definition
of "Commercial Vehicle" set out in Section 2 of this bylaw shall not apply.
39.
Public Parking Lots:
(a)
No person being in charge, control or possession of a vehicle shall park in a
public parking lot owned by the Town of Sidney for a length of time
exceeding that length as posted and displayed therein as a limitation.
(b)
No person being in charge, control or possession of a semi trailer truck shall
park in or over any, Town owned parking lot from 10:00 a.m. to 7:00 p.m.
inclusive on any day.
(c)
Notwithstanding Subsection (a) above, a parking permit may be purchased
from the Town, at a fee to be established by Council from time to time by
resolution, to allow unlimited parking in the public parking lot, subject to
Section 28, as designated and shown on the permit. These permits are non-
transferable and must be clearly displayed at all times on the vehicle
designated by the licence number shown on the permit.
40.
Tulista Park:
(a)
No person being in charge, control or possession of a vehicle shall park any
vehicle or allow any vehicle to remain parked contrary to signs erected at the
Tulista Park Boat Launch and adjoining parking lots.
(b)
No person being in charge, control or possession of a vehicle shall park any
vehicle or allow any vehicle to remain parked in the Tulista Boat Launch Area
unless the vehicle is attached to and accompanied by a boat trailer.
(c)
To launch a pleasure boat at Tulista Park without first paying the
parking/launching fee and displaying the parking/launching fee receipt on the
dash of the tow vehicle.
41.
Iroquois Park:
No person being in charge, control or possession of a vehicle shall park any vehicle or
allow any vehicle to remain parked contrary to signs erected in Iroquois Park.
PART IV
GENERAL STREET REGULATIONS
42.
No driver of a vehicle shall drive between the vehicles comprising a funeral procession or
other authorized procession while it is in motion, except in obedience to the directions of a
traffic-control device or of a police officer; providing that during the hours of daylight a
vehicle shall be deemed not to be in a procession unless the head lamps are lighted.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 14
43.
No person shall cause or permit the horn of a vehicle to be sounded on any highway or
other public place except as required by the Motor Vehicle Act or for the purpose of giving
reasonable warning to other persons using or about to use the highway of some hazard or
danger arising out of the presence of or approach of the vehicle.
44.
No person shall be a member of or take part in any procession through or in any highway
within the Municipality unless there has first been obtained a permit in respect of such
procession issued pursuant to an order of the Administrator and/or the Municipal Engineer
who may impose such terms and conditions in relation thereto as he shall deem proper.
45.
No person shall permit any goods, wares or merchandise or other article of trade or
commerce to remain on any part of the street longer than is reasonably necessary to deliver
the same expeditiously or to remove the same into any vehicle.
46.
No person shall operate, stand or park any vehicle upon any street, boulevard or other
public place for the purpose of displaying it for sale.
47.
No person except the agents, officers or employees of the Municipality acting in the course
of their employment shall cause or permit any structure, object or thing to be built,
constructed, placed or maintained upon or in any street within the Municipality without a
permit from the Municipal Council who may oppose such terms and conditions as it thinks
proper, and where a permit is issued, such structure, object or thing shall be built,
constructed, placed or maintained entirely in accordance with the terms and conditions
contained in such permit; provided that the Administrator and/or Municipal Engineer in
urgent circumstances, or in cases where it is made to appear to the satisfaction of the
Administrator and/or Municipal Engineer that the obstruction is of a minor or
inconsequential nature or is such as is unlikely to continue for a period of more than
seventy-two (72) hours, may exercise the Council's powers in connection with the
foregoing.
48.
(a)
Without restricting the generality of Section 45, no person shall place, deposit or
leave upon or in any street or other public place any chattel, obstruction, vehicle or
other thing which is or is likely to be a nuisance, and no person being the owner or
person entitled to the possession or control of any such thing shall permit or suffer
the same to remain upon or in such street or other public place.
(b)
The Administrator, Municipal Engineer, designate of the Administrator or Municipal
Engineer, or a Police Officer may remove or cause to be removed any chattel,
obstruction, vehicle or other thing unlawfully occupying any street or other public
place in contravention of Subsection (a) of this Section, and may detain or impound
any such thing until the owner thereof shall have paid to the Municipality the costs,
fees, charges and expenses of and incidental to such removal, detention and
impoundment, including charges for storage and has provided to Administrator and
or the Municipal Engineer an undertaking that the person will not again place it on,
above or in any street, sidewalk or other public place in contravention of this bylaw,
provided that if all the costs, fees, charges and expenses shall not be paid and the
undertaking not provided within fourteen (14) days from the time of such removal,
detention or impoundment, the Administrator and/or Municipal Engineer may
advertise once in a daily newspaper published and circulating within the Municipality
his intention to sell or cause to be sold by public auction the thing impounded
pursuant hereto after the expiration of five (5) day from the date of the publication of
the said advertisement, and if all the aforesaid costs, fees, charges and expenses
are not paid before the expiration of the said five (5) days, the Administrator and/or
Municipal Engineer may proceed to sell any such thing by public auction.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 15
(c)
In addition to all other remedies provided herein, the Municipality may recover in any
court of competent jurisdiction the costs, fees, charges and expenses mentioned in
Subsection (b) of this Section from the owner of the chattel, obstruction, vehicle or
other thing in respect of which the same were incurred.
49.
Save only with respect to articles of trade or commerce lawfully in a street or other public
place and works permitted pursuant to this bylaw or the Local Government Act, no person
shall damage, encumber, obstruct or foul any street or portion thereof or any other public
place or do anything that is likely to damage, encumber, obstruct or foul any such street or
place, and without restricting the generality of the foregoing:
(a)
No person shall place, or cause or permit to be placed or left on, above or in a
street, or other public place:
(i)
an object, obstruction or other thing which obstructs or impedes, or is likely
to obstruct or impede, the convenient passage of others in a street or in any
other way is or is likely to be a nuisance; or
(ii)
a sign as defined by the Sign Bylaw.
(b)
No person shall cause or suffer or permit to be thrown, deposited discarded or
placed in any street or other public place any rubbish, litter or waste matter of any
description nor any garbage, offal, filth or other noxious or offensive or
unwholesome substance or matter;
(c)
No person shall, sit, lie, squat or kneel in a manner which obstructs or impedes the
convenient passage of any other persons using the street in the area bounded by
the south side of Bevan Ave on the south, north side of Sidney Ave. on the north,
the shoreline on the east, and to Highway 17 on the west between the hours of 8:00
a.m. and 9:00 p.m.
(d)
No person shall circulate, distribute or deliver in or near any street or other public
place any handbill, circular, flyer or other printed, typed or written matter for the
purpose of publicizing or calling attention to any event, fact, product or thing if the
ordinary and probable result of such conduct is that such material will be discarded
in or on a street or other public place by any or all of the persons receiving the
same;
(e)
No person shall ride, drive, or land any animal or move, drive or propel any vehicle
over or across any curb or across any boulevard area unless such curb has been
lowered, or is a mountable type and a driveway has been constructed or
reconstructed to form a suitable crossing to the satisfaction of the Municipal
Engineer, and no person shall lower any curb or reconstruct a driveway across any
boulevard or boulevard area without first obtaining a permit for such construction
from the said Engineer. All driveways shall be in all aspects subject to the approval
of the Municipal Engineer;
(f)
Every driveway already constructed or hereinafter constructed shall be maintained
by the owner or occupant of the property abutting thereon in a manner satisfactory
to the said Engineer. No material shall be placed in any gutter or ditch or against
any curb for the purpose of making a crossing except as a temporary expedient and
with the written permission of the Municipal Engineer, and such person before
obtaining such written permission shall deposit with the Town of Sidney security for
any ensuing damage and costs in an amount satisfactory to the Municipal Engineer.
On completion of the construction of the crossing the Municipal Engineer shall
approve refund of the deposit after having deducted therefrom any costs therein
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 16
accrued by the Town of Sidney due to the construction of the said driveway which
costs shall include the cost of necessary inspection work.
(g)
No person shall solicit:
(i)
in a manner which causes an obstruction; or
(ii)
in a specific location for a period of more than two hours, whether continuous
or cumulative, in any forty-eight hour period.
50.
No person owning or occupying any property abutting upon or continuous to any street shall
permit water to flow from such property onto or over such street without a permit pursuant
to an order of the Administrator and/or the Municipal Engineer who may impose such terms
and conditions as he thinks proper and where such permit is issued, the person to whom it
is issued shall observe and perform such terms and conditions.
51.
Every person being an occupant or owner of any property abutting or fronting upon a
portion of a sidewalk shall cause such portion of the sidewalk to be cleared and kept clear
of all snow, ice, dirt, litter and rubbish and shall dispose of the same otherwise than by
leaving it upon the street.
52.
(a)
No person shall deposit any wood, cordwood, firewood, sawdust or coal upon any
portion of any street where it is or is likely to be an obstruction to users of the street.
(b)
No person to whom any wood, cordwood, firewood, sawdust or coal has been
delivered shall permit the same to remain upon any portion of any street for a period
in excess of twenty-four (24) hours.
53.
(a)
Every motor vehicle shall be fitted with a proper and sufficient device capable of
catching all drippings of oil, grease, gasoline or water falling from the body or engine
of such vehicle.
(b)
No person shall allow any oil, grease, gasoline, water or other deleterious material
to drop or fall upon any asphaltic pavement from any motor or other vehicle or
engine.
54.
No person shall paint, draw or write upon, affix any notice or advertisement to or otherwise
mark or disfigure any sidewalk or street within the Municipality or any structure or fixture in
or on any such sidewalk or street. The placing of marks, letters or symbols in the course of
the execution of authorized works in any street shall not be considered to be a violation of
this Section.
55.
No person except the agents, officers or employees of the Municipality acting in the course
of their employment shall excavate in or disturb the surface of any street within the
Municipality without a permit from the Municipal Council and where a permit is issued, any
excavation or disturbance shall be carried out in accordance with the conditions therein
contained.
56.
Awnings shall not be placed or suspended over any part of any street or highway unless the
lowest portion of such awning is at least 2.2 metres above the sidewalk of said street or
highway. All awnings placed or suspended over any part of any street or highway shall be
approved by the Municipality.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 17
57.
(a)
Except in accordance with the terms and conditions of a permit issued in that behalf
by order of the Administrator and/or Municipal Engineer, no person shall cause or
permit a vehicle to stop, stand or park on any sidewalk or boulevard and except as
aforesaid when entering or leaving land adjacent to a street, a driver shall drive
upon that portion only of a sidewalk, curb or boulevard that lies within a sidewalk
crossing as described in Subsection (b) of this Section.
(b)
A "sidewalk crossing" for the purpose of this Section shall mean a sidewalk crossing
which is constructed of such materials and in such manner as the Administrator
and/or the Municipal Engineer shall direct or approve and which is at all times
maintained by the owner of the property served thereby in the manner satisfactory in
all respects to the Administrator and/or the Municipal Engineer.
58.
No person in charge, control or possession of any vehicle (not being a vehicle operated by
an employee of or on behalf of the Municipality while in the performance of his duties) shall
drive or allow or permit said vehicle to be driven within any public park except upon the
hard surface portions of the established highways, streets or roads within the said park and
no person shall park, or cause to be parked, any such vehicle within a public park except
upon areas set apart for the parking of such vehicles and no person in charge, control or
possession of any vehicle shall drive or permit the said vehicle to be driven upon any
roadway in any public park where driving is prohibited by signs.
59.
No person shall at any time destroy, damage or injure any tree, shrub, flower, grass or
other foliage upon any boulevard.
60.
(a)
No person shall plant any tree, shrub, bush or hedge on the boulevard or within
0.5m of the street line without prior permission from the Director of Engineering and
Works or their designate.
(b)
The occupier or owner of any land adjacent to a street shall cause all trees, shrubs,
hedges and bushes growing or standing upon such land to be trimmed and cut back
so as to prevent any obstruction either visual or physical to interfer with the free use
of the street by persons or vehicles.
(c)
Where any trees, shrubs, hedges or bushes are obstructing or interfering with the
use of a street contrary to Subsection (b) or where in the opinion of the Municipal
Council any trees, shrubs, hedges or bushes are dangerous or have become
injurious to the road-bed, sidewalk or works lawfully upon or within the street or
where in the opinion of the Municipal Council the safety or convenience of the public
requires that any trees, shrubs, hedges or bushes shall be removed, cut down or
trimmed, the Municipal Council may direct that a notice be given to the owner or
occupier of the lands upon which the trees, shrubs, hedges or bushes are growing
or standing requiring him within five (5) days from the date thereof to remove, cut
down or trim the said trees, shrubs, hedges or bushes designated in the notice and
further direct that if the owner or occupier shall fail to comply with the requirements
of the notice or make application to a Judge of the County Court as provided in the
Local Government Act, the Administrator and/or Municipal Engineer of the
Municipality shall enter upon the lands in question and effect such removal, cutting
down or trimming at the expense of the owner of the lands in accordance with the
provisions of the Local Government Act.
61.
(a)
The owner (as defined by the Local Government Act) of any land forming a private
street or lane shall at all times exhibit thereon at its junction with any public street a
sign bearing the words "Private Lane" in letters of not less than 10 centimetres in
height.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 18
(b)
Every owner of a private lane shall maintain the same in a clean and fit state at all
times.
62.
No person shall discharge any weapon within the jurisdictional limits of the Town of Sidney
except upon written authority from the Officer in Charge of the RCMP.
63.
No person shall ride or operate a bicycle upon or across footpath in any public park or upon
or across any street or path in any public place where signs are displayed stating that the
said street or path is for pedestrian traffic only.
64.
A person who is operating or riding roller blades or a skateboard shall comply with the
following provisions, namely:
(a)
No person shall operate or ride roller blades or a skateboard on a sidewalk, unless
such sidewalk is posted to allow roller blades or skateboard traffic.
(b)
Subject to (a) above, a person shall operate or ride roller blades or a skateboard as
near as practicable to the right side of the roadway.
(c)
No person shall operate or ride roller blades or a skateboard on any highway or
public place where signs prohibit their use.
(d)
No person shall operate or ride roller blades or a skateboard when it is attached by
the arm and hand of the rider or otherwise to a vehicle upon a highway.
(e)
No person shall operate or ride roller blades or a skateboard on any highway or
public place without due care and attention, or without reasonable consideration for
other persons using the highway or public place.
(f)
No person shall operate or ride roller blades or a skateboard upon or across any
street or path in any public place where signs are displayed stating that the said
street or path is for pedestrian traffic only.
65.
(a)
The Administrator and/or Municipal Engineer may by order designate the streets to
be classified as "Impounding" zones" and wherein signs declaring the same to be
"Impounding" zones or to like effect shall be displayed.
(b)
Where a street or portion of a street has been classified as an "Impounding" zone,
the Administrator and/or Municipal Engineer or the Chief of Police may remove or
cause to be removed any vehicle which is found to be parked or stopped within such
zone in contravention of the bylaw of the Motor Vehicle Act and cause the same to
be detained or impounded until the owner thereof shall have paid to the Municipality
all the fees, costs and expenses of such removal, detention and impoundment
including charges for storage and if such fees, costs and expenses have not been
paid within the time limited by Subsection (b) of Section 44, the Administrator and/or
Municipal Engineer may proceed to advertise and sell the vehicle and recover the
said fees, costs and expenses in accordance with Subsections (b) and (c) of the
said Section 44.
(c)
The Administrator and/or Municipal Engineer may from time to time by order provide
a scale of fees, costs and expenses which shall be recoverable from the owner of
any vehicle impounded under this bylaw.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 19
66.
Except as provided for in this bylaw, no person shall place, maintain upon or in view of any
street any sign, signal or marking device which purports to be or which resembles any
traffic sign or traffic control signal or which purports to prohibit, limit or restrict parking or
stopping of vehicles.
67.
(a)
Every pedestrian and the driver or person in charge, control or possession of any
vehicle shall obey the direction, instruction, limitation, restriction, prohibition of any
applicable traffic sign or signal unless otherwise directed by a police officer, subject
to the exceptions contained in this bylaw and the Motor Vehicle Act respecting
emergency and public utility vehicles.
(b)
No person shall jay walk within the Town of Sidney on any street bounded by
Sidney Avenue/James White Boulevard to the north, Bevan Avenue to the south,
the waterfront to the east and Highway 17 to the west.
68.
(a)
No person shall move, deface, damage or alter or obstruct the view of or otherwise
interfere with any authorized traffic control signal or traffic sign.
(b)
No person shall drive or work on or over any newly painted line or any new curb or
roadway, the presence of which is indicated by red flags.
69.
Any person refusing or neglecting to obey any lawful direction or regulation of any police
officer acting under the powers in this bylaw contained shall be deemed guilty of an offence
against this bylaw.
70.
No person shall engage in any sport, amusement, exercise, game or occupation on any
street likely to delay the passage of traffic upon the said street or of such nature as to cause
any obstruction whatsoever in or upon such street except with the written permission of the
Municipal Council or the Administrator and/or Municipal Engineer.
71.
For the purpose of ensuring the safety of the children of the Municipality, and subject to the
proviso hereinafter contained, no person shall cause a nuisance by propelling, driving,
riding, or running any roller skate, scooter, coaster or other coasting devices or thing of a
similar nature upon any portions of streets of the Municipality which lie between the curbs
or sidewalks, or which is commonly used for vehicular traffic PROVIDED the Administrator
or Municipal Engineer may designate at any season of the year any street or a portion of
the same for such period he/she considers prudent as a playground for children and to
permit the use of any coasting device and to take all precautions necessary in closing such
street or portion of the same to vehicular traffic for such period as he/she may think prudent
and otherwise to ensure such coasting or sliding be carried on with safety.
PART V
OFFENCES AND PENALTIES
72.
A person who contravenes this Bylaw by doing an act that it forbids, or by omitting to do an
act that it requires to be done, commits an offence and is liable, on conviction, to the
penalties prescribed by this Bylaw or the Offence Act.
73.
Information may be laid:
(i)
In accordance with the procedure set out in the Offence Act;
(ii)
By means of a ticket under the Local Government Act or Community Charter.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 20
74.
(a)
The penalty for the contravention of Sections 15 through 41 shall be fifty ($50.00)
dollars:
(i)
A peace officer or a person authorized to enforce this Bylaw or a portion
hereof pursuant to a contract or agreement with the Town if he has reason to
believe that an offence has been committed against any of the provisions
enumerated in Section 73, may complete and deliver a parking violation
notice to the driver of the vehicle parked in contravention of any one of the
provisions so enumerated. Delivery of a parking violation notice may be
effected by leaving it on the windshield of such vehicle or by handing it to the
registered owner of the vehicle at the address shown on the record of
registration maintained by the Insurance Corporation of British Columbia,
(ii)
A parking violation notice may indicate the alleged offence and the amount
of the penalty which may be paid to the Town in respect of it,
(iii)
The penalty for the contravention of Sections 16 through 41 shall be twenty
($20.00) dollars if paid not later than fourteen (14) days from the date of the
parking offence.
(b)
For a continuing offence, a ticket may be issued for each day that the offence
continues."
75.
Where a vehicle is found unlawfull placed, left, kept or driven upon a street or in any public
place it may be impounded under the provisions provided for in the Impounding Bylaw No.
1960, 2009.
76.
(a)
Where a person is convicted of an offence under this bylaw in respect of his/her
riding or operating a bicycle, roller blades, or skateboard the magistrate or court
may, in addition to or in lieu of any penalty otherwise prescribe, order that the
bicycle, roller blades or skateboard shall be seized for a period of time, and at the
expiry of that period the person entitled thereto may again have possession of the
bicycle, roller blades or skateboard.
(b)
For the purpose of seizing and impounding a bicycle, roller blades or skateboard
pursuant to an order made under clause (a), any police officer may enter by force
any place or building in which the bicycle, roller blades or skateboard is situated.
77.
In any case where a police officer has reasonable and probable grounds to believe that a
bicycle, roller blades or skateboard has been ridden or operated by any person in
contravention of this bylaw, the police officer may seize and impound such bicycle, roller
blades or skateboard:
(a) for a first offence, or a period of forty-eight (48) hours,
(b) for a second offence, or a period of four (4) days, and,
(c) for each subsequent offence, or a period of three (3) weeks.
At the end of the period of impoundment the person legally entitled to possession thereto
shall have the bicycle, roller blades or skateboard released to him/her on his/her application
therefore at the place of impoundment. The Clerk shall from time to time designate the
place at which vehicles seized under this bylaw shall be impounded.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 21
78.
Where a bicycle, roller blades or skateboard has been seized and impounded for a period
in excess of forty-eight (48) hours, the person legally entitled thereto shall have the right to
apply for its release to a Justice of the Peace, designated by the Council for that purpose,
who may order the bicycle, roller blades or skateboard released where:
(a) an undue hardship will ensue if the seizure is continued, or
(b) it appears to the Justice of the Peace that the seizure is improper.
79.
(a)
This bylaw shall come into force and take effect fourteen (14) days after the date of
adoption thereof.
(b)
Notwithstanding Subsection (a), where the Administrator and/or Municipal Engineer
has made an order or orders in the manner prescribed in this bylaw after the
adoption thereof and such order or orders have been approved by the Municipal
Council in manner herein described, such order or orders shall come into force upon
the day they are approved by the Municipal Council or upon the day upon which this
bylaw comes into force whichever shall be the later and shall be as valid and
effective as if they had been made and approved after this bylaw has come into
force.
80.
Any section, subsection, sentence, clause or phrase of this Bylaw, which is for any reason
held to be invalid by the decision of any Court of competent jurisdiction, may be severed
from the balance of this Bylaw without affecting the validity of the remaining portions of this
Bylaw.
81.
(a)
Bylaw 353 of the Town of Sidney entitled "Streets and Traffic Regulation Bylaw No.
353" is hereby repealed.
(b)
The aforesaid repeal shall not revive any bylaw or any provision of any bylaw
repealed by the aforesaid Bylaw 353 as amended nor shall the said repeal prevent
the effect of any saving clause in the said bylaw or the application of the said bylaw
in any transaction, matter or thing anterior to the said repeal to which it would
otherwise apply. The repeal of the said bylaw shall not affect:
(i)
Any penalty, forfeiture or liability incurred before the time of such repeal, of
any proceedings for enforcing the same had, done, completed or pending at
the time of such repeal.
(ii)
Nor any action, suit, judgement, decree, certificate, execution, process,
order, rule or other preceding matter or thing whatever respecting the same,
had, done, made, entered, granted, completed, pending, existing, or in force
at the time of such repeal.
Nor shall the said repeal defeat, disturb, invalidate or prejudicially effect any other
matter or thing whatsoever had, done, completed, existing or pending at the time of
such repeal, but every such
(iii)
penalty, forfeiture and liability, and every such
(iv)
action, suit, judgement, decree, certificate, execution, prosecution, order,
rule, proceeding, matter or thing
may and shall remain and continue as if no repeal had taken place, and so far as
may be necessary, may and shall be continued, prosecuted and enforced and
proceeded with under the said bylaw and other bylaws having force in the
Municipality so far as applicable thereto, and subject to the provisions of the said
bylaws.
Bylaw No. 1966 - Streets and Traffic Regulation Bylaw (consolidated)
Page 22
82.
This bylaw may be cited as the Town of Sidney "Streets and Traffic Regulation
Bylaw No. 1966, 2010".
Introduced and read a first time the 26th
day of April, 2010.
Read a second time the
26th
day of April, 2010.
Read a third time the
26th
day of April, 2010.
Reconsidered and finally adopted the
10th day of May, 2010.
_______________________________
______________________________
MAYOR
CORPORTATE ADMINISTRATOR
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(amendment -01) - Bylaw 2030, January 2013
(amendment -02) - Bylaw 2065, June 2014
(amendment -03) - Bylaw 2092, September 2015
(amendment -04) - Bylaw 2098, January 2016