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DISTRICT
OF STEWART
TRAFFIC
REGULATION
BYLAW No. 995, 2022
A Bylawproviding for the regulation oftraffic on highways in the District of Stewart
The Council of the District of Stewart in open meeting assembled, enacts as follows:
This Bylawis divided into seven parts dealing with the following subjects:
Part
I
Interpretation
Part
II
Application
Part
III
Delegation of Powers
Part
IV
Regulating Traffic
Part
V
Regulating the Use of Highways
Part
VI
Extraordinary Traffic
Part VII
Penalties
Part I -Interpretation
In this Bylaw, unless the context
otherwise requires:
"ALLTERRAINVEHICLE"has the meaning assigned to it under the Motor Vehicle (AllTerrain) Act and
includes a snowmobileas
defined in the Snowmobile Regulation under the Motor Vehicle (All
Terrain) Act
"ANGLEPARKING"means the parking ofa vehicle other than parallel to the curb or lateral lines of a
roadway.
"AXLESPACING"means the distance between the centers
of the axles of a vehicle.
"BOULEVARD"means that portion of a highway between the curb lines or the lateral lines ofa roadway and
the adjoining property
or roadway, and includes curbs, sidewalks and ditches.
"BUS"means a motor vehicle which is designed, constructed and used for the transportation
of nine
(9) passengers
or more.
"BYLAW"means this Bylawand includes Resolutions passed pursuant
to it.
"BUSZONE"means a space on a highway marked by a sign or signs designating it as a space provided for
"COMMERCIALVEHICLE"means a vehicle engaged in carrying or designed to carry goods, wares or
merchandise
"COUNCIL"means the Council of the District of Stewart
"CROSSWALK"means:
(a)
Any portion of a roadway at an intersection or elsewhere, distinctly indicated as a pedestrian
crossing by signs and lines or other markings on the surface of the roadway; or
(b)
That portion of a roadway at an intersection
that is included within the connection
of the
lateral lines of the sidewalks on the opposite sides of the highway, or within the extension of
the lateral lines of the sidewalk on one side of the highway measured from the curb lines or,
in the absence of curbs, from the edge ofthe
roadway.
"CURB"means the line of demarcation
between the roadway and the boulevard of any highway or, where
no boulevard exists on the highway, the lines of demarcation between the roadway and the sidewalk.
"CURBLINE"means the boundary of a curb adjacent to the roadway.
"CYCLE"means a device having any number of wheels that is propelledby human power on which a
person may ride.
"DELIVERY
TRUCK"means a vehicle which is used for the purposes of delivering to or collecting from
a specific premise within.
"DISTRICT"means the District of Stewart
or its geographical area as the context
may require.
"MANAGEROF PUBLICWORKS"means the person duly appointed from time to time by the Council
as the
Manager
of Public Works for the District of Stewart.
"DRIVER"means the person who is driving or in physical control of a vehicle.
"FIRECHIEF"means the Chief ofthe
Fire Department
of the District of Stewart and includes the Local
Assistant Fire Commissioner.
"FIRELANE"means that portion of a highway or parking area restricted to the parking of vehicles for the
safe egress of the public, as well as for use by emergency
vehicles.
"FIREZONE"means that portion of a highway which is contained within the projected extension of
the boundaries of any parcel of land upon which a Fire Hallor Fire Station is constructed.
or "GROSSWEIGHT CARRIEDBYA SINGLEAXLE"means the total load transmitted
"HIGHWAY"includes every street
and highway over which the District has control within the meaning of the
Highway Act, and every road, street,
lane or right~of--waydesigned for use by the general public for the
passage of vehicles, and every private place or passage way to which the public, for the purpose of the
parking or servicing of vehicles, has access or is invited.
"|MPOUND"
means the detention of any vehicle by a Peace Officer, Bylaw Enforcement Officer, or Police
Officer.
"LANE"means a street which is not designed for general travel and which is used primarily as a
means of a access to the rear of residences and business establishments.
'
"LOADINGZONE"means the area on a street
designated by this Bylawfor the loading and unloading of
goods or passengers.
"MOTORVEHICLE"means a vehicle not operated
upon rails that is designed to be se|f--propelled.
"MUNICIPALVEHICLE"means any vehicle owned, leased by, or operated for or on behalf of the
District of Stewart.
"NOTRUCKSROUTE"means a portion of a highway, a highway or a series of connected highways, designated
by Resolution of Council as a "No Trucks Route" from which heavy trucks are prohibited at all times.
"OVERLOAD"means the number of kilograms derived by subtracting from the actual gross vehicle weight
of a commercial vehicle the licenced gross vehicle weight; or the number of kilograms derived by
subtracting the weight authorized by this Bylawto be carried on any one axle or combination of axles of a
commercial vehicle, whichever is greater.
"ONEWAY STREET"means a highway or lane designated by Council as one upon which vehicles are
allowed to move only in the direction indicated by signs placed on or adjacent thereto.
"OVERSlZE"means the amount
derived by subtracting the permissible outside width, height or overall
length prescribed under this Bylawfrom the actual outside width, height or overall length ofa commercial
vehicle with its load.
"OWNER"as applied to a vehicle means:
(a) The person who holds the legal title to the vehicle, or
(b) A person who is a conditional vendee, a lessee or a mortgagor
and who is entitled to be
and is in possession ofthe vehicle, or
(c) The person in whose name the vehicle is registered
"PARK"when prohibited means the standing of a vehicle, whether
or
"PERMIT"means a written document
issued under this Bylaw.
"PROPERTYLINE"means the dividing line between
any private property
and the adjoining highway.
"RESlDENTlALDISTRICT"means those residential zones created by the District of Stewart
Zoning
Bylaw.
"ROADOR ROADWAY"means the portion of a highway that is improved, designed, or ordinarily used
for vehicular traffic.
SIDEWALK"means the area between thecurb lines or lateral lines of a roadway and the adjacent property
lines, that has been improved exclusively for pedestrian use, or any other area designated for pedestrian
use exclusively.
"SIDEWALKCROSSING"means that portion of a sidewalk that has been improved or designated for the
passage of vehicular traffic.
"STOP,STANDING,OR STOPPED"means:
(a) When required by this Bylaw, a complete cessation of movement,
and
(b) When prohibited by this Bylaw, the stopping or standing of a vehicle, whether occupied or not,
except when necessary
to avoid conflict with other traffic or in compliance with the directions of
a Peace Officer or Traffic Control Device.
"TRAFFIC"includes pedestrians, ridden or herded animals, vehicles, cycles and other conveyances,
either
singly or together, while using a highway for purposes of travel.
"TRAFFICCONTROL DEVICE"means a regulatory or warning sign, signal, line, meter,
marking space,
barrier or device, placed by authority of Council or by any person duly authorized by Council to
exercise such authority.
"TRAFFICCONTROLSIGNAL"means a traffic control device, whether manually, electrically or
mechanically operated, by which traffic is directed to stop and to proceed.
"TRAILER"means a vehicle without motive power that is at any time drawn on a highway by a motor
vehicle, except:
(a) An implement of husbandry,
(b) A side car attached to a motorcycle, and
(c) A disabled motor vehicle that is towed by a tow car.
And includes a semi--trai|er
as defined in the "Commercial Transport
Act".
"TRUCKROUTE"means a portion of a highway, a highway or a series of connected highways, designated by
Resolution of Council as a "Truc|< Route", on which heavy trucks may be present
at all times.
PART ll -APPLICATION
1. This Bylaw shall apply to all highways within the District of Stewart.
2. This Bylaw shall not apply in respect
ofthe driving or operation of a mechanically
propelled chair for a physically disabled person, the use of which is confined to the
purpose of which it was designed.
3. The provisions of this Bylaw do not apply to persons, vehicles and other equipment while
actually engaged in highway construction
or maintenance work upon, under or over the
surface of a highway while at the site of the work, but do apply to them when travelling to
or from the site of the work.
PART III- DELEGATIONOF POWERS
Placingof Traffic
1.
The Manager of Public Works is hereby authorized to place or install or cause to be
Control Signals:
placed or installed, all traffic control signals duly authorized by Council Resolution.
Regulating Parking
2.
The Manager of Public Works is hereby authorized to place or cause to be placed,
for Snow Removal:
control signs to prohibit parking on a highway for snow removal purposes.
Designating One-
3.
The Manager of Public Works is hereby authorized to install or cause to be
Way Streets:
installed, signs designating one--way streets,
which have been so designated by
Resolution of Council.
Establishing
4.
The Manager of PublicWorks and the Chief of Police or either ofthem
are hereby
Temporary
authorized to place or cause to be placed, traffic signs indicating no parking for
parkingsigns;
temporary
periods not exceeding thirty (30) days at any one time:
At pieces of pubiio
(a)
At the entrance
to a dance hall,funeral parlour or other place of public
Assembly;
assemblage during the period of assembly therein;
Along parade
Route;
(b)
Upon either or both sides of any highway or portion thereof along the route
of aparade or in the vicinity ofa large gathering;
Safeguard Traffic:
(c)
At any location where it is deemed
necessary
due to special circumstances
to facilitate or safeguard traffic;
Construction:
(cl) in front of any building or structure
under construction, alteration,
repair
ordemolition
Parking for
5. The Manager of PublicWorks is hereby empowered
to designate for handicapped
Handicapped:
persons exclusive parking upon highways or to otherwise reserve parkingspaces for
use by persons other than the general public
intersecting
Lanes:
Crossing:
Hydrant
Fire Hall:
Fire Zone:
Excavation:
Bus Zone:
obstructing Traffic on
Roadway:
Vehicle Weight:
Taxi Zone:
Lane:
Narrow Roadway:
Near Parked Vehicle:
Parallel Parking:
Angle Parking:
Vehicle Length:
Road Works, Snow
Clearing, Sanding, etc.:
ie)
if)
(g)
(h)
(ll
ii)
(kl
Within three (3) meters
of the imaginary projection of the property
line of any
intersecting
lane;
in front of, or within two (2) meters
of the nearest
side of a private road or
sidewalk crossing;
Within five (5) meters
of a fire hydrant, and the five (5) meters shall be measured
from a point on the curb or edge of the roadway which is closest to the fire
hydrant;
Within five (5) meters ofthe nearest
side of the driveway of a fire hall on that side
of the street whichthe fire hall is located and on the opposite side of the street
as
may be indicated by traffic signs;
Within any "fire zone" or "fire lane";
Alongside or opposite any street
excavation or obstruction when such stopping
would obstruct traffic;
Within an area designated by signs as a bus zone:
in such a manner or under such conditions as to leave available less than three (3)
meters
of the travelled portion of a roadway, or opposite
to, or in such close
proximity to another vehicle already stopped on such roadway as to obstruct or
unduly restrict the free movement
of vehiculartraffic on such roadway;
Weighing more than 18,000 kg. on any highway within or contiguous
to any
residential zone ofthe District of Stewart;
On any portion of a highway where traffic signs are erected reserving a portion of
that highway for the stopping or parking of any class of vehicle,which may include
taxis, or any other class described on the traffic signs;
(I) In any lane;
(m) On the paved portion of a roadway where the pavement is seven (7) meters or less
(n)
(0)
(q)
(r)
in width;
Insuch a manner as to blockthe exit ofa vehicle already parked;
Where parking stalls have been marked parallel to any street,
otherwise than
between the linesor marking indicating the limitsof a single stall, except in the case
of a vehicle being of greater
length than that of a parking stall, in which casesuch
vehicle shall not occupy nor encroach upon more than two (2) stalls;
Upon those streets which have been designated for angle parking, otherwise than
between the lines or markings indicating the limitsof a single stall. The driver of a
vehicle shall park at the angle to the curb indicated by such lines or marking and
parallel to and between the same and as closed to the curb as practicable;
(i) in a designated angle parkingzone where the vehicle and/ortrailer
exceeds six (6) meters in length;
(ii)Vehicles parkingin allzones are to be a maximum of 10 meters in length;
On any highway to restrict snow clearing or other work considered necessary by
PublicWorks;
_
(v)
in any loadingzone unlessactuallyengaged in the loading or unloadingof goods or
Loadmg Zone'
passengers,
and then in any event:
i. In any commercial vehicle loading zone unless the vehicle bears a commercial
licence pursuant
to fhe LocalGovernment
Act and amendments thereto, and
then only for a maximum period ofthirty (30}minutes;
ii. in any passenger
zone for a period longer than three (3) minutes, provided
however, that the driver of any armoured vehicle used for the purpose of
conveyingcashand other securities, may stop suchvehiclein a passenger zone for
the period required to pick up or make delivery of any cash or other
securities.
4. (a) No person shall drive or operate
a motor vehicle upon a highway, except a lane, within
the District at a greater
rate of speed than 50 Kmper hour, unless otherwise posted;
(b) No person shall drive or operate
a motor vehicle upon a lane within the District in
excess of 10km per hour.
Speed Restrictions:
Patrol:
5.
(a)the driver of a motor vehicle shall obey the instructions of any person employed
on a traffic patrol who directs the stopping of a motor vehicle in order to permit
pedestrians to cross the highway
Obstructing Traffic:
(b) No driver of a vehicle shall enter
an intersection
or a marked crosswalk unless
there is sufficient space on the other side of the intersection or crosswalk to
accommodate the vehicle being operated without obstructing the passage of
other vehicles or pedestrians,
notwithstanding
any traffic control signal
indicating to proceed.
5Ch00lZ0n€$3
6. (a)Where a portion of a highway is designated as a school or playground zone and
appropriately worded signs are erected, no driver shall overtake or pass a
vehicle going in the same direction within the zone marked by the school or
playground signs, between the hours of 8:00am and 5:00pm on days when
school is normally in session.
Parking:
(b) No person shall park a vehicle on a highway within 15 meters
of an unfenced
portion of a school or playground or an opening in a fenced portion of a school
or playground on the side adjacent to the school or playground on the side
adjacent to the school or playground, except where a specially constructed
pick--uparea is provided or where the width of the shoulder available for
parking is more than 5 meters, vehicles must pull as far off the roadway as
possible and park parallel to the roadway, unless parking is restricted by signs.
Crosswalk:
(C) No person shall stop, park or pass another vehicle on a highway within
school zones commencing
15 meters
from the approach side of a marked
crosswalk and ending 6 meters
from the far side of a marked crosswalk.
7.
Other Regulations:
Driving Over sidewalks
(a) No person shall allow or permit a vehicle to move, drive, run or propel along,
over or across any sidewalk, walkway, or boulevard except at:
i. Lane crossings or sidewalk crossings specially constructed for vehicular traffic;
and Boulevards:
Spillage
Hospital Quiet Zone:
Splashing of
Pedestrians:
Trailers Parked:
Livingin Trailer:
Combined Trailer
Length:
Racing:
Permit Procedure:
planks or other material shall be placed in a gutter
or ditch or against a curb
withinthe District for the purpose of making a crossing except
as a temporary
expedient and with the written permission of the
Manager
of PublicWorks.
A
person desiring to construct
works under this section shall furnish to the District,
security for the due performance ofthe works proposed to be constructed to an
amount
equal to the estimated cost of construction,
not to exceed the amount
of the Manager of PublicWorks estimated cost of construction.
(c) in the event
that any article, substance
or material shall, due to any cause,
become loose or detached or blow, spill orfall from any vehicle onto any highway
in the District, it shall be the duty of the driver of such vehicle forthwith to take
all necessary
precautions
to safeguard traffic and to remove the material from
the highway.
(d) No person operating a vehicle on a highway within 150 meters
ofa hospital shall
sound
any
horn, siren,
or other
warning
device,
except
during
a time
of
emergency.
(e) When water,
mud or slush is lying on any highway, the driver of every motor
vehicle thereon shall so reduce the speed of his motor vehicle to avoid splashing
any pedestrian.
(f) No trailer designed for occupancy
by persons or for the carriage of goods and
merchandise shall be parked on any highway within the District unless it is
attached to a motor vehicle mechanically capable of towing the trailer at alltimes.
(g) No person shall occupy a trailer as a living quarters while it is parked upon
any highway or in any other public place not specifically designated for
the parkingof trailers.
(h) No person shall park upon any highway in any residential zone in the District
any combination of vehicles, which shall include the motor vehicle, towing
apparatus and trailers,with or without load,in excess of 18 meters
in length.
(i) No racing contest
or other contest
between persons or vehicles of any
kind or description is permitted on any District highway without the
temporary
closing of the highway to publictraffic and express permission in
writing has been obtained from the District
8. VehicleCharacteristics
(a) No heavy truck, 23,000l<gor over, either unladen or with load shall drive ore
operate on highway within any residential zone in the District not designated as
"TruckRoute". Deliverytrucks are exempt from this regulation, but they shalltake
the shortest possible route off the Truck Route, to and from their destination.
(b) No person shall operate or drive a vehiclewith respect to which a permit has been
issued, except in the conformity with the conditions stated therein.
(c) The owner or driver of a vehicle with respect to which a current permit has been
issued shall cause the permit to be carried in the vehicle at alltimes and produce it
to a Peace Officer for inspection upon request.
an amount
estimated by the Manager
of Public Works and the amount
shall not
exceed the cost of repairing or reconstructing
said streets
or property.
permit
Fees;
10. The Manager of Public Works is hereby authorized to charge fees in accordance
with the attached schedule.
Weighting &lnspection:
11. The driver or operator
of a vehicle on any highway shall, when required by a
Peace Officer:
i. Drive the vehicle to the place specified by the Peace Officer for the purpose
of ascertaining its weight, height, length and other characteristics; or
ii. Drive the vehicle to the
nearest
public or Department
of Commercial
Transport
stationary
or portable scales for the purpose
of weighing such
vehicle and load.
Securing Load:
12. No person shall drive or operate
on any highway:
i. A vehicle unless it is so constructed or loaded as to prevent
any of its load from
dropping, shifting, leaking or otherwise escaping therefrom,
except that sand
may be dropped
for the purpose
of securing traction,
or water
or other
substances may be sprinkled on a roadway in cleaning or maintaining such
roadway;
ii. A vehicle with any load, unless said load and any covering thereon is securely
fastened
so as to
prevent
such covering
or load from
becoming loose,
detached or in any manner a hazard to other users of the roadway.
iii. No person, being the driver or operator
of a vehicle shall in the event
that any article, substance or material, due to any cause whatsoever
becomes loose or detached or blow, drop, spill orfall from the vehicle
onto any street,
fail to take all reasonable precautions
to safeguard
traffic from the consequences
thereof or fail to remove such material
from such highway.
iv.
No driver or operator
of any vehicle carrying loads of lumber or loads
of a similar nature
shall transport
any loads unless such loads are
stripped in conformity with the stripping regulations contained in the
General
Accident
Prevention
Regulations
of
the
Workers'
Compensation Board.
PART V- REGULATINGTHE USE OF HIGHWAYS
General Regulations:
1. Except as permitted by a Bylaw ofthe
District or under terms and conditions impose
Cave~|ns:
Water Flow:
Effluent:
Chattel &
Obstructions
Causing Damage to
Highways:
Boulevards:
Utilities:
Plants:
Fences:
Defacing:
Work on Highway:
Structures:
Surfaces:
Crossings:
Levels:
Improvements:
highway or walkway, any noxious, offensive or filthy water
or substance or
any empty bottle, glass container or any other article, whether broken or
intact, or any earth, refuse, debris, derelict motor vehicle or any other
thing.
(d)
No person owning or occupying property
abutting on or contiguous
to a
highway, shall allow or permit earth, rocks, stone, logs, stumps or other
substances or materials to cave, fall, crumble, slide, accumulate or to be
otherwise deposited from their property
upon the highway, or having
been so deposited, to remain there.
(e)
No owner or occupier of any land or premises shall permit any flow of
water
on or over any highway from any land or premises under his
control.
(f)
No person shall construct
or maintain a ditch, sewer or drain, the effluent
from which causes damage, fouling, nuisance or injury to any portion of a
highway or walkway
(g)
Unless permitted by the District no person shall place, deposit, or leave
upon on in any street
or public place any chattel, obstruction or any other
thing which is, or is likely, to be a nuisance, cause damage to the street
or
impede traffic.
2.
Except in the course of construction
or maintenance
on a highway, whether by
the Manager
of Public Works or by a public utility company,
no person shall:
(a) Cause damage to a boulevard or to any pole or structure
erected or placed on
a boulevard.
(b) Cause damage to any underground
utility in a highway or public right--of--way.
(c) Cause damage to trees, shrubs, plants or hedges on or over a highway.
(d) Cause damage to a fence adjacent to ahighway, sidewalk, or walkway.
(e) Mark, imprint or deface in any manner whatsoever,
a highway, sign or
structure
on a highway or walkway.
. Except as authorized in writing by the Manager
of Public Works, no person shall:
(8) Build, construct,
place or maintain, or cause to be built, constructed, placed
or maintained in, upon or over any highway or lane, any structure,
sign,
building, fence or thing other than a temporary
boarding during construction
work on adjacent property,
or plant any tree, shrub or plant other than grass
upon any boulevard.
(bl Break, tear
up, remove or otherwise interfere with any sidewalk, curb or
surfacing of any highway or lane, or excavate
any highway or lane, or under
any highway or lane, or remove trees
or timber growing on a highway.
(C)Construct
a boulevard crossing, including a curb, ditch or sidewalk crossing.
id) Change the level of a highway whatsoever, or stop the flow of water
through any drain, sewer or culvert on or through a highway.
(9) Open up, construct
or develop any roadway or boulevard, or improve any
Obstructing Traffic
6. No person shall obstruct or interfere with the free flow of traffic or control or
Crews:
detour traffic in any highway or lane, whether by use of signs or flagmen or by
barricades or other physical obstruction
on the road, provided that this clause
shall not apply to:
(3)A Police Officer acting in the normal course of their duties;
(b)A student or adult school patrol acting under the authority of the Public
Schools Act or authorized by the Chief of Police;
(ClEmergency vehicles or public utility or municipal and highway crews while
making repairs or improvements
to or on a highway or lane;
(Cl)Vehicles while legally parked on a highway or lane, or while obeying the
instructions of a traffic control device or police officer.
Excavations and
7. No person shall leave any excavation or other obstruction insufficiently fenced or
obstructions;
barricaded and marked with warning
lights in accordance with the Worker's
Compensation
Board Regulations.
Merchandise on
8. No person shall place or cause or suffer to be placed by any person in his employ
Highway;
or under his control, any merchandise, chattel or wares of any nature
on any
highway or walkway for the purpose of sale or display, or for any other purpose
whatsoever, except
in the actual course of receipt or delivery, or to use any
portion of any highway or walkway for the purpose of selling any goods, wares or
merchandise of any nature or for measuring, packing or unpacking goods, wares
or merchandise, unless otherwise authorized in writing by the Manager of Public
Work
9. Pedestrians shall have the same rights and duties given under the Motor Vehicle
Act and shall also conform to the following regulations:
Pedestrians:
Vehicle Right--ofWay:
(3)
Every pedestrian
crossing
a roadway
at any point other than within a
markedcrosswalk or within an unmarked crosswalkat an intersection, shallgive
the right- of-way to all vehicles upon the roadway.
Traffic C°""°'deViCe3
lb)
Where a traffic control device such as a crosswalk or signal is provided
across a roadway, no pedestrian shall cross the roadway at any place other
than at the traffic control device within a distance of one block or 200
meters from that device, whichever is less.
Buses:
(C) No person shall start
to cross any highway in front of a bus which has
stopped
to load or unload passengers
unless such crossing is made in
compliance with traffic control signals, signs or markings, or the direction of
a Police Officer. This provision shall not apply where such bus has stopped
at its regular terminus.
id)
Upon an emergency vehicle approaching
a pedestrian
on a roadway, the
pedestrian
shall immediately get off and keep off the roadway until such
vehicle has passed him or stopped.
Emergency Vehicles:
Advertising Devices;
10. (a) No person shall drive or propel along any highway in the District, any vehicle
Washing on Highway:
Securing Animals:
Tethering to Vehicles:
Tethering to Other
Banners:
Signs:
Duty to Repair:
Removal of Ticket:
Parades:
Parade Marshall
Applying for
Permission:
Nature of Parade:
12. No person shall stand or park any vehicle on any highway for the purpose of
washing, greasing, or repairing such vehicle, except repairs necessitated by an
emergency.
13. (a) No person shall leave any horse or other animal upon any highway
without being tethered in such manner as to prevent such horse or other
animal from running away or from moving onto the roadway in any way or
from obstructing
any portion ofthe roadway or sidewalk.
(b) No person shall leave any horse, or other animal attached to any vehicle on
anyhighway withoutbeing tethered in such manner as to prevent the horse, or
other animal from running away or from moving on the highway in any way so
as to obstruct or impede other traffic thereon
(c) No person shall tie or fasten any horse or other animal to any traffic Structures:
meter,
tree, or any object which can be pushed or dragged on a highway
14.(a)
No person
shall install a sign or
banner
over
a highway without
first
having received written
permission from the Council. Such a sign or banner
must
beinstalled at least 4.9 meters
above the road surface and shall not
remain in place longer than the time limit specified in the permit.
(b) No person, other than the Manager
of PublicWorks, or other person or persons
authorized by the Council, shall place or maintain signs of any nature
in any
manner upon a highway or upon highway signs or upon any pole or structure
on a
highway.
(c) The owner of any sign, awning, canopy or any other structure
or thing, any part
ofwhich overhangs
a highway, shall keep such a sign, awning or canopy,
or any
other structure
or thing in a state of good repair, and if so ordered, he shall repair
such sign, awning, canopy or any other structure
or thing, in a manner and to the
extent satisfactory to the Manager
of PublicWorks.
15.
No person, other than the owner or operator
of a vehicle shall remove any notice
placed thereon or affixed thereto by a Peace Officer.
16. Parade or Procession:
No person shall be a member of, or take part in any parade and no parade shall be
held unless:
(a)
such parade be under the direction or control and in charge of some one
personas Marshall or Organizer; and
lb)
application therefor has been made in writing to the Council by the Marshall
or Organizer
at least two weeks before the parade commences,
and such
application receives the approval ofthe Manager of PublicWorks and the Chief
of Police.
(C) such application shall specify the nature of the parade, the day and hour on or
at which such parade
is to be held, the place or places of formation
or
commencement
thereof,
the
route
intended
to
be taken,
the
point of
disbandment or dispersal of same, and the approximate length thereof.
Walkways:
Dangerous
Riding:
Clinging to Moving
Vehicles:
Maximum Load:
Obstructing Traffic:
Cycle Stands:
Double File:
Permit for
Snowmobiles:
Closing Highway:
Exempt Vehicles:
terms and conditions therein are obeyed.
18.
Regulations Concernirg
Cycles
19.
20.
21.
(3) Where a walkway is more than two (2) meters
wide, its use by cycles is not
prohibited, provided however, that pedestrians shall have the right--of--way
at
all times.
lb)
No person shall ride a cycle on a highway recklessly or negligently or at a speed
or in a manner dangerous to the rider or to the public, or without having at
least one hand on the handlebars, or without having both wheels on the
roadway at the same time.
(C) it shall be unlawful for any person while riding any cycle, roller skates, toy
vehicle, or sleigh, to cling to any vehicle in motion on any highway.
ldl No person shall carry on a cycle a load of a greater
weight than 25 kg. In
addition to the weight of the operator
(5), nor shall such load extend to a
greater
width than the handlebars of the cycle, or to such a height as to
obstruct the clear visionin all directions of the rider ofthe cycle when seated
on the seat of the cycle.
(8)
No person shall leave a cycle in a reclining position on a highway, sidewalk,
or anypublic place where it may be a hazard to vehicles or pedestrians.
(fl
Where stands are provided for us by cycles, no person shall leave a cycle on
anyhighway or public place except in an upright position in the cycle stand.
(8)
No person shall ride any cycle more than two (2) abreast.
Snowmobiles
No person shall drive or operate
a snow vehicle or snowmobile on a highway
within the District unless he has obtained written permission from the Chief of
Police authorizing the operation
and subject to the limitation and conditions
contained therein.
When, in the opinion of the Manager of Public Works, Fire Chief of Police, any
highway or section thereof
is unsafe or unsuitable for traffic, or it is deemed
advisable that traffic should be restricted or diverted therefrom, the Manager of
Public Works, Fire Chief or Chief of Police may close such highway or section, or
restrict
or divert traffic, and for that
purpose
may
place lamps, barriers,
signboards,
notices or otherwarnings
upon such highway or section; and no
person shall enter
or travel upon such highway or section so closed, or interfere
in any way with any lamp, barrier, signboard, notice or other warning.
(a) The provisions ofthis Bylawregulating the operation,
movement,
stoppingand
parking ofvehicles shall not apply to any emergency vehicle while it is
responding to an emergency call and sounding its siren or while attending any
emergency call.
(b)The provisions of this Bylawprohibiting stopping or parking shall not apply to:
PART Vl~EXTRAORDINARYTRAFFIC
Permit required
Conditions of permit
Terms of permit
3.
1. A person
must obtain an overload or oversize vehicle permit to do any of the
following:
(a)
operate
a commercial vehicle on a highway that does not conform to the
dimension, load or weight restrictions imposed under this bylaw;
(b) cross a highway by an overload vehicle or an oversize vehicle;
(c)
operate
or be in charge of an overload or oversize vehicle on a highway.
2. The Manager of Public Works must issue an overload or oversize vehicle
permit to a person if the following conditions are met:
(a)
the person submits an application for the overload or oversize vehicle permit
in the form and manner required by the Manager of Public Works;
(b)
the person pays the applicable fee under this bylaw;
(c)
the person provides evidence satisfactory
to the Manager
of Public Works
that:
(i) the applicant is insured against all claims for damages for personal
injury and property
damage which may arise out of or result from the
activity covered by the overload or oversize vehicle permit,
(ii) the insurance coverage
is for at least $5,000,000 for each occurrence,
(iii) the District will be added to the insurance policy as a co--insured,and
(iv) the policy will contain a cross--|iabilityclause and provide for 30 days'
notice to the District of any termination
or material alteration of the
policy;
(d)
the person enters
into a written agreement
with the District under section 4
of this part; and
(e)
if in the opinion of the Manager
of Public Works a security deposit is
required, the person pays a security deposit in an amount
sufficient, in the
opinion of the Manager
of PublicWorks, to pay the cost to assess, design and
repair any damage that may be caused to a highway, public structure
or
bridge arising from the operation
of the vehicle.
The following are terms and conditions of every overload or oversize vehicle
permit:
(c)
the overload or oversize vehicle permit does not authorize a person to
operate
a vehicle on a highway in contravention
of this bylaw;
(d)
a person must not use the overload or oversize vehicle permit to operate
a
vehicle other than the vehicle for which the overload or oversize vehicle permit
was issued;
(e)
the gross vehicle weight ofa vehicle, or a combination of vehicles, must not
exceed the safe and practical carrying capacity of the vehicle, the combination of
vehicles or component
parts ofthe vehicle;
(f)
a permit holder must inspect the vehicle for which an overload or oversize vehicle
permit is issued to ensure that the vehicle is mechanically sound to carry the
additional load.
Agreements
4.
In respect
of overload
or oversize
vehicles, a person,
with the approval
of the
Manager
of Public Works, shall enter
into
an
agreement
with the
District for
extraordinary
traffic
which
shall
provide
for
the
payment
of
reasonable
compensation
to the District for the damage to a highway or the resulting expense
to the District which may, in the opinion of the Manager of Public Works, be caused
by the overload or oversize vehicle.
Prohibition or penalties
5. A prohibition or a penalty for an overload or oversize vehicle does not apply to a person
who enters
into an agreement
under section 4 provided that person abides by the
agreement.
PART Vll- FINES
1.
Violation of Bylaw
(3) Every person who violates any of the provisions of this Bylaw or
who suffers orpermits
any act or thing to be done in contravention
or in violation of any of the provisions of this Bylaw or who neglects
to do so or refrains from doing anythingrequired
to be done by any
of the provision ofthis Bylaw or who does any act which violates
any of the provisions ofthis Bylaw, shall be deemed to be guilty ofan
infraction thereof and liable to the penalty hereinafter provided.
Fines:
(b) A person convicted of a violation of this Bylawshall be liable upon
summary conviction to pay a fine not exceeding the sum of Two
Thousand Dollars($2,000.00).
N0tiC€l
2.
(a) The Chief of Police and/orthe Bylaw Enforcement Officer is
hereby authorized to issue a "Municipal BylawTicket
information" (herein called a "Notice"), generally in the form as
attached hereto, for any chattel (which includesany motor
Guilty of Infraction:
any chattel or obstruction which occupies any portion of a public
place or highway in violation of this bylaw. The owner
of such
chattel or obstruction shall pay allfees, costs and expenses thereby
incurred by the District within thirty (30) days of the date upon
which expenses are incurred. Failure by the owner to so pay within
the time provided herein shall result in the sale of the chattel or
obstruction at publicauction and the application of the proceeds of
sale to paying all such fees, costs and expenses,
including all costs
of conducting the said sale.
F '|
t
P
:
anWe
0 av
(e) lfthe owner ofthe
chatte|
or obstruction ofthe person charged with
the violationfails to pay the appropriate
fine to the District within
thirty (30) days ofthe
issuance of the Notice, such owner shall be in
violation of the bylaw and penalty sections herein shall apply.
This bylaw may be cited for all purposes as the "District of Stewart
Traffic Regulation Bylaw No. 995, 2022".
REPEAL
Upon adoption ofthis bylaw, "District of Stewart Traffic Regulation Bylaw No. 966,2020" is hereby
repealed.
READA FIRSTTIME this 14"'day of March 2022.
READA SECOND TIME this 14"'day of March 2022.
READATHIRD TIME this 14"'day of March 2022.
ADOPTEDthis 28"'day of March, 2022.
Gina McKay, Mayor
Tammy McKeown, Corporate
Officer
/2W//»i2L/;/6/4/22%
,/ vim...