Street & Traffic Regulations Consolidated Bylaw No. 1313
Terrace, British Columbia
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CITY OF TERRACE
CONSOLIDATED FOR CONVENIENCE
BYLAW NO. 1313-1993/1335-1993/1415-1994/
1528-1996/1612-1998/1651-1998/1698-2000/1776-2002
"A BYLAW OF THE CITY OF TERRACE TO REGULATE TRAFFIC"
WHEREAS pursuant to Section 124 of the Motor Vehicle Act and Sections 524 to
539 inclusive, and 551, 552, and 554, and 906 of the Local Government Act,
Council is authorized to regulate traffic and the use of highways;
NOW THEREFORE the Council of the City of Terrace in open meeting assembled
enacts as follows:
1.0
SEVERABILITY
If any section, subsection, clause, sub-clause or phrase of this Bylaw is for any
reason held to be invalid by the decision of any Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions
of this Bylaw.
2.0
Metric units are used for all measurements in this Bylaw.
3.0
Index
The contents of this Bylaw include:
PART I
-
Definitions
PART II
-
Authorities
PART III
-
Traffic Regulations
PART IV
-
Parking & Stopping Regulations
PART V
-
Loads & Tires
PART VI
-
General Street Regulations
PART VII
-
Impoundments
PART VIII
-
Penalties
APPENDIX "A"
-
Prohibited Skateboarding
(Specified Downtown Commercial Area)
APPENDIX "B"
-
Sample of City of Terrace Handicap and Senior
Placards
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
INDEX
PART I
DEFINITIONS
PART II
AUTHORITIES
1.
Director of Engineering
2.
Peace Officers
3.
Bylaw Enforcement Officer
4.
Fire Chief
PART III
TRAFFIC REGULATIONS
5.
Pedestrian Regulations
6.
Traffic Control Devices
7.
Conformance
8.
Damage to Devices
9.
Sidewalk Crossing
10.
Obey Commands
11.
Speed Limits - Street (Paved and Gravel)
12.
Speed Limits - Lane
13.
Speed Limits - Construction
14.
Noise Increase or Flame Prohibited
15.
Cycles (Skateboards)
PART IV
PARKING & STOPPING REGULATIONS
16.
Unlawful Parking
17.
Time Limits
18.
Prohibited Parking
19.
Residential Area Length Restriction
20.
Limited Time Parking Areas
21.
Right-Hand Side From Curb
22.
Double Parking
23.
Loading Zones
24.
Angle Parking
25.
School Bus Stop Zone
26.
Handicapped Zones
27.
Residential Parking Permit
28.
Removal of Traffic Notices or Chalk Marks
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
PART V
LOADS & TIRES
29.
General Restrictions
30.
Traffic & Load Restrictions
31.
Overload, Oversize Permits
32.
Load Weighing
PART VI
GENERAL STREET REGULATIONS
33.
Funeral Processions
34.
Parade or Procession Permit
35.
Noise and Advertising
36.
Littering
37.
Leaflets, Flyers
38.
Chattels and Obstructions
Amended by #1335-1993
38.1 Merchant Sidewalk Sales or Street Vending
39.
Liquid Waste, Earth, Etc.
40.
Debris From Accidents
41.
Skidding
42.
Fireworks and Firearms
43.
Excavations
44.
Property Access
45.
Boulevards and Sidewalk Crossings
46.
Trees and Shrubs Setbacks
47.
Horses
48.
Snowmobiles
49.
Cleaning of Sidewalk
50.
Debris on Highway
51.
Snow Removal Route
52.
Snow on Highway
53.
Parking on Snow Removal Route
PART VII
IMPOUNDMENTS
54.
Impoundment of Vehicles, Cycles & Chattels
55.
Removal of Vehicles on Private Property
PART VIII
PENALTIES
56.
General Penalty
57.
Specific Penalties
58.
Default
59.
Responsibility of Owner
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
APPENDIX "A"
Prohibited Skateboarding
(Specified Downtown Commercial Area)
APPENDIX "B"
Sample of City of Terrace Handicap and Senior Placards
PART I - DEFINITIONS
In this Bylaw, unless the context otherwise requires, the expressions and definitions
contained within the "Motor Vehicle Act", the "Motor Carrier Act", the "Highway
Act", the "Local Government Act", the "Interpretation Act" and the "Commercial
Transport Act" and regulations thereto, shall be applicable and these additional
interpretations shall prevail throughout:
"ACCESS"
means a driveway intended for ingress and/or egress to
abutting property from a street.
"ACCESS PERMIT"
means a permit which authorizes provision of access to an
abutting property from an adjacent street.
"ANGLE PARKING"
means the parking of a vehicle other than parallel to a curb.
"BOULEVARD"
means that portion of a street between the curb lines or
the lateral lines of a roadway and the adjoining property
line, exclusive of any sidewalk, and includes curbs,
sidewalks, and ditches.
means the person appointed as such by the City and any
person to assist him in enforcing municipal laws and
regulations as set out in this Bylaw.
"CHATTEL"
means any article of movable, personal property.
"CHIEF OF POLICE"
means the senior resident member of the Royal Canadian
Mounted Police.
"CITY"
means the Corporation of the City of Terrace.
"CITY COUNCIL"
means the Municipal Council of the Corporation of the City
of Terrace.
"DIRECTOR OF
means the person appointed as such by the City, and any
ENGINEERING"
person delegated to assist him in carrying out his duties
under this Bylaw.
"BYLAW ENFORCE-
MENT OFFICER
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
means a vehicle defined as such and licenced under the
Commercial Transport Act and a vehicle not so licenced
but used for collection or delivery of merchandise or other
commodities in the ordinary course of a business
undertaking, but excludes vehicles exempted under
Section 667 of the Local Government Act.
"CURB"
means the raised structural element which may be installed
at the outside edge of a street or median parking area,
primarily for a gutter.
means a device having any number of wheels that is
propelled by human power and on which a person may
ride, but which does not include a child's tricycle.
means any person who, on application to the office of the
Director of Permits & Licences of the City of Terrace, is
adjudged by that office to be physically challenged or over
the age of Sixty-five and who has been issued with a
Placard by that office.
"DOUBLE PARKING"
means the standing of a vehicle in the travelled portion of
the street, adjacent to a parked vehicle, or parking space.
"FIRE CHIEF"
means the person appointed as such by the City and any
person delegated to assist him in carrying out his duties
under this Bylaw.
"HANDICAPPED
means that portion of a street designated by a traffic
ZONE"
device for exclusive use of vehicles displaying an
authorized handicapped identification label.
Replaced by "HIGHWAY"
includes:
#1698-2000
a)
every Highway within the meaning of the Highway
Act;
b)
every road, street, lane or right of way designed or
intended for or used by the general public for the
passage of vehicles; and
c)
every private place or passageway to which the
public, for the purpose of the parking or servicing of
vehicles, has access or is invited.
"COMMERCIAL
VEHICLE"
"CYCLE"
(SKATEBOARDS)
"DESIGNATED
PERSON"
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
"LANE"
means a street which is not designed for general travel and
which is used primarily as a means of access to the rear of
residences and business establishments.
"LOADING ZONE"
means that portion of a street designated by a traffic
control device for the exclusive use of vehicles loading or
unloading passengers or property.
"PARADE"
means the procession or group of pedestrians (except
members of the Armed Forces) numbering more than
twenty, standing, marching, or walking on any street or
sidewalk, or any group of vehicles numbering ten or more
(except funeral processions) standing or moving on any
street.
"PARK"
means the standing of a vehicle, whether occupied or not,
upon the street, other than the temporary standing of a
commercial vehicle for the purpose of and while actually
engaged in loading or unloading merchandise at the front
entrance of a place of business, where there is no loading
zone available and no facilities for loading or unloading at
the rear entrance of the place of business, or the standing
of a vehicle in obedience of a traffic control device or a
Peace Officer.
A vehicle shall be deemed to be continuously parked until it
has been moved out of the City block in which the same
was originally parked.
"PARKING SPACE"
means any portion of a street marked by painted lines or
other device indicating that it is intended for the parking of
a vehicle.
"PEACE OFFICER"
means any member of the Royal Canadian Mounted Police
and any person delegated to assist him in carrying out his
duties under this Bylaw.
"PEDESTRIAN"
means a person afoot, or an invalid or child, in a
wheelchair or carriage.
"PERSON"
means human being, male or female, and includes a
Corporation or Firm.
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
"PLACARD"
means any placard issued by the Office of the Director of
Permits & Licences of the City of Terrace for the purpose
of bestowing on a person the status of a Designated
Person.
"PNEUMATIC TIRE"
means a tire made of rubber or other resilient material and
which depends upon compressed air for the support of the
load.
"PUBLIC PLACE"
means any place, building or conveyance to which the
public has access by right or by invitation, express or
implied.
"RESIDENTIAL
means any area zoned for residential land use in the Zoning
Bylaw.
"AREA"
"SIDEWALK"
means that portion of a street intended exclusively for the
use of pedestrians.
"SIDEWALK
means that portion of a street between roadway and the
CROSSING"
property line adjoining the street that is improved or
designed for the passage of vehicular traffic.
"SNOW VEHICLE"
means a motor vehicle that:
a)
is designed for:
i)
travel on snow or ice, and
ii)
the
transportation
of
passengers
or
equipment, or both, and
b)
is self-propelled by means of one or more endless
belts driven in contact with the ground.
"SOLID TIRE"
means a tire of rubber or other resilient material which
does not depend upon compressed air for the support of
the load.
"TRAFFIC CONTROL
means a sign, traffic control signal, line, parking meter,
DEVICE"
marking, space, barricade, or other device, placed or
erected under this Bylaw.
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
"VEHICLE"
means a device in, upon, or by which a person or thing is
or may be transported or drawn upon a street, except a
device designed to be moved by human power or used
exclusively upon stationary rails or tracks.
"WEAPON"
means and includes all types of firearms and as well, air
guns, air rifles, air pistols, spring guns, catapults, sling-
shots, longbows and crossbows.
PART II - AUTHORITIES
DIRECTOR OF
ENGINEERING
1.
(1)
Unless otherwise authorized by any provision
of this Bylaw, any order(s) made by the
Director of Engineering pursuant to this
Bylaw, shall be required to be approved by
resolution of City Council and shall come into
force immediately upon such approval being
given unless a later date is specified in the
order(s)
(2)
The Director of Engineering, or any person
duly authorized, may:
(a)
direct
that
any
street
where
construction,
re-construction,
widening, repair, marking or other work
is being carried out, traffic control
devices be erected or placed to indicate
such work and to regulate or prohibit
traffic in the vicinity of such work
and/or limit the rate of speed of
vehicles;
(b)
by order pursuant to Section 2(a) of
this Part, place, replace or alter traffic
control devices at any location he may
determine
to
give
effect
to
the
provisions of the Motor Vehicle Act
and this Bylaw;
(c)
issue permits where so specified and
required under this Bylaw.
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
PEACE OFFICERS
2.
(1)
Peace Officers, or any person duly authorized,
may:
(a)
issue traffic notices for violations of
this Bylaw;
(b)
direct and regulate traffic in any
manner deemed necessary and, in
doing so, may disregard any traffic
control device;
(c)
impound any vehicle, trailer or cycle in
violation of this Bylaw;
(d)
require the driver of any vehicle to
weigh same at any weigh scale
forthwith.
BYLAW ENFORCEMENT 3.
(1)
The Bylaw Enforcement Officer, or any
OFFICER
person duly authorized may:
(a)
issue traffic notices for violations of
this Bylaw;
(b)
place temporary "No Parking" signs
and barricades or other applicable
traffic control devices;
(c)
impound any vehicle, trailer or cycle in
violation of this Bylaw;
(d)
issue residential parking permits as
authorized by this Bylaw.
FIRE CHIEF
4.
(1)
The Fire Chief, or any person duly authorized
may:
(a)
direct and regulate traffic in any
manner deemed necessary and, in
doing so, may disregard any traffic
control device;
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
(b)
impound, if necessary, for the purposes
of carrying out required duties, any
vehicle or trailer;
(c)
designate in any manner, a line or lines
near the location of a fire or other
emergency, beyond which the public
shall not pass.
PART III - TRAFFIC REGULATIONS
PEDESTRIAN
5.
No pedestrian shall:
REGULATIONS
(1)
stand on the travelled portion of a street
while waiting to cross a street;
(2)
leave the curb, or other place of safety and
walk or run into the path of a vehicle that is
so close that it is impractical for the driver to
stop;
(3)
walk on the travelled portion of a street if a
sidewalk or shoulder or other space is
available as a walking area;
(4)
when crossing a street where marked
crosswalks exist, cross outside the limits of
the markings;
(5)
cross a street in a crosswalk in contravention
of a traffic control device;
(6)
stand upon or walk along a travelled portion
of the street for the purpose of soliciting a
ride;
Replaced by
(7)
cross a street at any point other than within a
#1651-1998
marked crosswalk or within an unmarked
crosswalk at an intersection.
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
6.
(1)
Notwithstanding any other provisions of this
Bylaw, all traffic control devices installed in
the City shall be deemed to be duly
authorized traffic control devices under this
Bylaw.
(2)
Such traffic control devices shall include, but
not be limited to, signs in locations which
prohibit parking except for the parking of
vehicles which display a Placard.
CONFORMANCE
7.
No person shall park, drive or operate a vehicle or
cycle in contravention of a traffic control device.
DAMAGE TO DEVICES
8.
No person shall drive or walk on or over a newly
painted line or marking, nor remove or alter any
traffic control device.
SIDEWALK CROSSING
9.
(1)
No person shall drive on or over any sidewalk,
curb or boulevard so as to encumber,
obstruct, or damage the same;
(2)
When a sidewalk crossing is not available,
crossing by a vehicle will be permitted upon
adequate provision being made to protect the
sidewalk or boulevard from damage by the
use of suitable planking or other material,
having due consideration for the size and
weight of the vehicle and load and approved
by the Director of Engineering.
OBEY COMMANDS
10.
Every person shall at all times comply with any
lawful order, direction, signal or command made or
given by a peace officer, bylaw enforcement officer,
fireman, flagman, ambulance attendant, or school
patrol.
SPEED LIMITS -
11.
(1)
No person shall operate a vehicle on any
STREET
street at a greater rate of speed than 50 km/h
unless otherwise posted.
(2)
No person shall operate a vehicle on any
gravel street at a greater rate of speed than
30 km/h unless otherwise posted.
TRAFFIC CONTROL
DEVICES
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
SPEED LIMITS -
12.
No person shall operate a vehicle on any lane at a
LANE
greater rate of speed than 20 km/h unless otherwise
posted.
SPEED LIMITS -
13.
No person shall operate a vehicle within a
CONSTRUCTION
construction zone, or on any gravel road, at a speed
greater than 30 km/h unless otherwise posted.
14. Pursuant to Motor Vehicle Act Regulation No.
26/58, Division (7), Section 7.03 (5), no person
shall drive or operate a motor vehicle propelled by an
internal combustion engine equipped with a muffler
or exhaust system to which is attached any device
which increases the noise of the expulsion of the
gases from the engine or allows a flame to be
emitted from the exhaust system.
CYCLES
15.
No person shall:
(SKATEBOARDS)
(1)
ride a cycle on any sidewalk;
(2)
leave a cycle (skateboard) on a street or
public place in a position which obstructs the
free movement of pedestrian or vehicle
traffic;
(3)
use roller skates, skateboards, roller blades,
skiis or other similar means of conveyance on
any street or sidewalk within the specified
downtown commercial area of the City (see
Appendix "A"), or on any street or sidewalk
within the City of Terrace.
PART IV - PARKING & STOPPING REGULATIONS
UNLAWFUL PARKING
16.
(1)
No person shall park a vehicle in any public
place unless such person shall comply with all
conditions of this Bylaw and other regulations
posted by traffic control devices.
TIME LIMITS
17.
Notwithstanding any other provisions of this Part,
no person shall park a vehicle or trailer on any street
for more than seventy-two (72) hours continuously.
NOISE INCREASE OR
FLAMES PROHIBITED
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
18.
Except when necessary to avoid conflicts with
traffic, parking or to comply with the law or the
directions of a peace officer or traffic control device
or traffic patrol and except when operating a
Municipal or Provincial utility vehicle or vehicles of a
public utility corporation while engaged in their
duties, or except a vehicle so mechanically disabled
as to render it immobile, no person shall stop, stand
or park a vehicle:
(1)
on a sidewalk or boulevard;
(2)
in front of a public or private driveway;
(3)
within an intersection;
(4)
within 6m of an intersection;
(5)
in any lane unless actively engaged in the
loading or unloading of goods, providing such
vehicle does not stop the normal flow of
traffic in the lane;
(6)
within 5m of a fire hydrant measured from a
point on the curb or edge of the roadway
which is closest to the fire hydrant;
(7)
on a crosswalk;
(8)
within 6m of the approach side of a
crosswalk;
(9)
within 6m upon the approach to a stop sign
or traffic control device located at the side of
a roadway;
(10) adjacent to a painted yellow curb;
(11) where vehicles are parked parallel to the edge
of the roadway, no closer than 1m to any
other parked vehicle;
PROHIBITED
PARKING
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
(12) upon any street for the purpose of:
(a)
displaying a vehicle for sale;
(b)
advertising,
greasing,
painting,
wrecking, storing, or repairing any
vehicle, except where repairs are
necessitated by an emergency;
(c)
making a "U" turn;
(13) unless so authorized by permit, in a place in
contravention of a traffic control device that
gives notice that stopping, standing or
parking is there prohibited, reserved or
otherwise restricted;
(14) in such a manner as to obstruct the visibility
of any standard traffic sign;
(15) (a)
on a street in such a manner as to
obstruct or impede the normal flow of
traffic;
(b)
or on a marked lane of a laned street;
(16) Between the hours of 9:00 p.m. in the
afternoon and 6:00 a.m. in the forenoon of
the following day on any Highway in a
residential area, if it is a commercial vehicle of
either:
(a)
A gross vehicle weight of 4 tonne
(8,000 lbs.) or greater.
(b)
A manufacturer's rated capacity of 1
tonne (1 ton) or more.
19.
No person shall park a commercial vehicle,
trailer or combination thereof, in excess of
7.5m in length on a local street within a
residential
area,
except
for
loading
or
unloading purposes.
RESIDENTIAL
AREA LENGTH
RESTRICTIONS
Amended by
#1528-1996
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
LIMITED TIME
20.
(1)
No person shall stop, stand, park or overpark
PARKING AREAS
a vehicle on a street, for any length of time,
in excess of the maximum period of parking
time posted.
Amended by
(2)
Notwithstanding paragraph 19(1) of this
#1415-1994
section, where signs referred to in that
paragraph signify the hours applicable, the
multiple of two of the total of such hours,
including
fractions
of
hours,
shall
be
applicable to vehicles which display a valid
numbered
"Seniors"
Placard
or
valid
numbered "Handicap" Placard that has been
issued by the City of Terrace (see attached
Appendix "B").
Added by
Applicants must meet all requirements as set
#1612-1998
out in City of Terrace Policy Nos. 69 and 70
when applying for a Handicap or Seniors
Placard, and pay an applicable fee, as set out
in City of Terrace Access to Information and
Fees and Charges Bylaw No. 1724-2001.
RIGHT-HAND SIDE
21.
No person shall park a vehicle on a street except on
FROM CURB
the right - hand side thereof, and the right-hand
wheels shall be not further than 30cm from the face
of the curb.
DOUBLE PARKING
22.
No person shall double park a vehicle on a street.
LOADING ZONES
23.
No person shall park a vehicle in a loading zone
unless he is actively engaged in the loading or
unloading of goods or passengers from a vehicle,
and then the maximum duration of parking shall be
ten minutes, unless otherwise posted.
ANGLE PARKING
24.
(1)
No person shall park a vehicle within an
"Angle Parking Zone" except so that it shall
stand within 0.3m of and at an angle with the
curb as indicated by the lines, markings or
other signs placed for that purpose;
(2)
No person shall park a vehicle having an
overall length in excess of 6m in an "Angle
Parking Zone".
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
SCHOOL BUS
25.
No person shall stop or park a vehicle in a school
STOP ZONE
bus stop zone.
HANDICAPPED ZONES
26.
No person shall park a vehicle in a parking space
designated for use by handicapped persons, unless
such vehicle displays a valid handicap numbered
Social Planning and Review Council of British
Columbia (S.P.A.R.C.) certificate, a valid numbered
City of Terrace Handicap Placard (see Appendix "B"
attached), or in a case of an out-of-province vehicle,
any similarly authorized permit.
Added by
Applicants must meet all requirements as set out in
#1612-1998
City of Terrace Policy No. 69 when applying for a
Handicap/Disabled Placard, and pay an applicable
fee, as set out in City of Terrace Access to
Information and Fees and Charges Bylaw No. 1724-
2001.
27.
No person shall park a vehicle on a street in a
residential area contrary to a traffic control device
unless such person has acquired an authorized
Residential Parking Permit, and such permit is
displayed on the vehicle, and the vehicle is parked in
accordance with the conditions of the permit.
REMOVAL OF TRAFFIC
28.
(1)
No person, other than the owner or operator
NOTICES OR CHALK
of a vehicle, shall remove from a vehicle any
MARKS
traffic notice issued under the authority of
this Bylaw;
(2)
No person shall remove, obliterate, or
otherwise interfere with any markings used to
determine the length of a time a vehicle
remains parked in one location.
PART V - LOADS & TIRES
GENERAL
29.
No person shall, without a permit issued by the City
RESTRICTIONS
Engineer pursuant to this Bylaw, drive or operate on
any street:
RESIDENTIAL
PARKING PERMIT
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
Pneumatic Tires
(1)
a vehicle, any wheel of which is not equipped
with a pneumatic tire in good order or with a
solid tire, the thickness of which between the
rim of the wheel and the surface of the street
is less than 35mm;
Spikes, Cleats, Studs, etc.
(2)
a vehicle having wheels, tires or tracks
constructed or equipped with projecting
spikes, cleats, ribs, clamps, flanges, lugs or
other attachments or projections which
extend beyond the tread or traction surface of
the wheel, tread or track but not to prohibit
the
use
of
tire
chains
of
reasonable
proportion, when required for safety and
winter studded tires pursuant to the "Motor
Vehicle Act";
Escaping Loads
(3)
a vehicle that is not constructed or loaded as
to prevent any of its load:
(a)
from dropping, sifting, leaking or
otherwise escaping therefrom;
(b)
from shifting or swaying in such a
manner as to affect the operation of
the vehicle;
Secure Loads
(4)
a vehicle, the load of which and any covering
or Coverings thereof which is not 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 street;
Overheight & Overwidth
(5)
a vehicle, with or without load, which is in
excess of:
(a)
4.15 m in height;
(b)
2.6 m in width;
Amended by
#1528-1996
Deletion of 29(6)
30.
(1)
No person shall, without a permit issued by
the Director of Engineering pursuant to this
Bylaw, drive or operate:
Amended by
#1528-1996
Street & Traffic Bylaw
- 18 -
Bylaw No. 1313-1993 (Consolidated)
(a)
Truck
Routes:
a
vehicle
or
combination of vehicles and trailers,
having a weight not conforming to the
requirements
of
the
Commercial
Transport Act and Regulations thereto
on any street designated as a Truck
Route on Appendix "C".
(b)
Non Truck Routes: a commercial
vehicle or combination of commercial
vehicles and trailers, having a weight
in excess of 60% of legal axle weight
on any street not designated as a
Truck Route on Appendix "C".
(2)
Where, in the opinion of the Director of
Engineering, any street is liable to damage
through extraordinary traffic thereon, he may
regulate, limit or prohibit the use of the
street by any vehicles in excess of 12,000
kg or in excess of 60% legal axle weight.
(3)
Any vehicle, with or without a load, which is
in excess of 2.4 m. in width shall not use
Lanfear Hill.
OVERLOAD,
31.
The Director of Engineering may issue Overload
OVERSIZE PERMITS
and/or Oversize Permits to persons transporting
extraordinary commodities on City streets.
LOAD WEIGHING
32.
The driver of a vehicle on a street, when so required
by a Peace Officer or other person duly authorized,
shall:
(1)
stop the vehicle at the time and place
specified for the purpose of weighing the
whole, or part thereof, by means of a portable
or
stationary
scales,
measuring
the
dimensions of the vehicle and load, measuring
and inspecting the tires thereon, inspecting
the load carried, or for any other purpose to
ensure the regulations of this or any other
Bylaw are being adhered to;
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
(2)
drive the vehicle to scales in the City or
portable scales for the purpose of weighing
the vehicle and load;
(3)
remove the whole or part of the load from the
vehicle in order to comply with this Part
before continuing to drive or operate the
vehicle.
PART VI - GENERAL STREET REGULATIONS
33.
(1)
The operator of a vehicle in the lead of funeral
procession approaching an intersection where
a traffic control device exists, shall comply
with the instruction of such device and shall
not enter the intersection until it safe to do
so;
(2)
Every person operating a vehicle in a funeral
procession shall have the headlamps of such
vehicle on for the duration of the procession;
(3)
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 Peace
Officer, providing that during the hours of
daylight a vehicle shall be deemed not to be in
a procession unless the headlamps thereof are
highlighted.
34.
No person shall be a member or take part in any
parade or procession with the exception of funeral
processions, on any street within the City unless
there has first been obtained a permit for such from
the Director of Engineering, or permission has been
granted by Council Resolution.
35.
No person shall operate upon a vehicle any
loudspeaker or other noise-making device on the
streets of the City for advertising or other purposes
unless a permit has been applied for and granted by
the Director of Engineering.
FUNERAL
PROCESSIONS
PARADE OR
PROCESSION PERMIT
NOISE AND
ADVERTISING
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
LITTERING
36.
No person shall place, throw, deposit or discard on
any street any rubbish, litter or waste material of
any description.
LEAFLETS, FLYERS
37.
No person shall distribute leaflets, flyers, pamphlets,
circulars or other printed matter upon any street by
placing same on the windshield on a motor vehicle
parked upon the street, save for traffic violation
notices by any person so authorized.
38.
Unless a permit has been obtained from the City
Engineer no person shall place, deposit or leave
upon or in any street or public place any chattel,
obstruction or other thing which is, or is likely, to be
a nuisance, cause damage to the street or impede
traffic.
This Section is not intended to apply to moving vans
and/or delivery vehicles actively engaged in the
delivery or pickup of goods or merchandise.
Amended by MERCHANT SIDEWALK 38.1 Unless permitted by the City's Business Licence
1136-1993 SALES OR STREET
Inspector, and complying with the provisions of City
VENDING
of Terrace Business Licence Bylaw No. 1227-1990,
and amendments thereto, no person or merchant
shall use a City highway for merchant sidewalk
sales or street vending.
39.
No person being the owner or occupier of property
abutting a street shall allow or permit any earth,
rocks, stones, liquids, logs or stumps or other things
to cave, fall, crumble, slide, flow or accumulate
from such property onto or over such street without
a permit issued by the Director of Engineering.
40.
The operator of a tow-truck, or any other person
who has removed a wrecked or damaged vehicle
from the scene of an accident, shall be responsible
for cleaning the street of any glass or other debris
from the accident.
SKIDDING
41.
No person shall drag or skid anything along or over a
street so that the surface of the street is, or is likely
to be, damaged.
LIQUID WASTE,
EARTH, ETC.
DEBRIS FROM
ACCIDENTS
CHATTELS AND
OBSTRUCTIONS
Street & Traffic Bylaw
- 21 -
Bylaw No. 1313-1993 (Consolidated)
FIREWORKS
42.
No person shall:
& FIREARMS
(1)
without a permit issued by the Fire Chief,
explode any firecrackers or other fireworks
upon or from any street or other public place;
(2)
without expressed written consent from the
Chief of Police, discharge any weapon, the
projectile from which may enter, cross or
traverse any street or public place within the
City.
EXCAVATIONS
43.
(1)
No person, except the agents or employees of
the City acting in the course of their
employment, shall excavate in or disturb the
surface of any street without a permit issued
by the Director of Engineering who may
impose such terms and conditions as deemed
necessary;
(2)
Where authorized excavation or other works
are carried out on, over, or under any street,
appropriate signs, flashers, barricades or other
warning devices shall be provided to the
satisfaction of the Director of Engineering.
PROPERTY ACCESS
44.
No person shall alter any existing access to a
property or construct a new access to a property
without obtaining an access permit from the
Director of Engineering.
BOULEVARDS &
45.
(1)
No person shall at any time destroy or injure
SIDEWALK CROSSINGS
any tree, shrub, flower, foliage, grass or other
growing things upon any boulevard;
(2)
No person shall drive upon or over any
sidewalk, boulevard or curb so as to
encumber, obstruct, or damage the same;
(3)
When a sidewalk crossing is not available,
crossing by a vehicle will be permitted upon
adequate provision being made to protect the
sidewalk, curb or boulevard from damage and
upon approval by the Director of Engineering.
Street & Traffic Bylaw
- 22 -
Bylaw No. 1313-1993 (Consolidated)
TREES AND SHRUBS
46.
(1)
No person shall plant any tree, shrub, bush or
SET-BACKS
hedge closer than one-half meter (0.5 m) to
the street line;
(2)
Every person being the owner or occupier of
real property shall cause all trees, shrubs or
other vegetation to be properly trimmed and
cut
back,
so
as
to
prevent
physical
obstruction
and
visibility
impairment
to
pedestrian and vehicle traffic on the sidewalk
or street.
HORSES
47.
(1)
No person in charge of a horse-drawn vehicle
or animal shall allow or permit such vehicle or
animal to proceed on, along or across any
sidewalk or boulevard, except at a recognized
crossing of such sidewalk or boulevard;
(2)
No person shall race with or drive furiously
any horse or other animal upon any street.
SNOWMOBILES
48.
No person shall operate any snow vehicle on any
street.
49.
Every person being an occupant or owner of any
property abutting or fronting upon a portion of a
sidewalk in a commercially zoned area 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 same otherwise than by leaving it
upon the street.
DEBRIS ON HIGHWAY
50.
Every person being the owner or occupier of
property abutting on a Highway shall not allow or
permit any earth, rocks, stones, logs, stumps, snow
or ice to cave, fall, crumble, slide, or accumulate
from any such property upon a Highway, or being
there, to remain thereon.
SNOW REMOVAL
51.
Each and every Highway and portion of Highway
ROUTE
within the jurisdiction of the City shall be designated
a Snow Removal Route.
CLEANING OF
SIDEWALK
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
SNOW ON HIGHWAY
52.
Except as authorized by a Permit issued by the
Engineer pursuant to this Bylaw, no person shall
place, or permit or allow to be placed, any snow or
ice upon a Highway.
Replaced by
53.
Except when necessary to avoid conflict with
#1776-2002
traffic, to comply with the law, the direction of a
peace officer, traffic patrol or traffic control device,
and except while operating a municipal or
provincial utility vehicle or vehicles while engaged
in their duties, no person shall stop, stand or park a
vehicle on any street or road that is designated as a
snow removal route during the period of November
15 to April 1, effective each and every year.
Parking on a snow removal route is prohibited and
any vehicle that impedes snow removal and/or road
maintenance work on any snow removal route can
be towed.
PART VII - IMPOUNDMENTS
54.
(1)
Any chattel, including any vehicle or cycle, or
any obstruction unlawfully occupying any
portion of a street or public place may be
removed, detained or impounded by the
Bylaw Enforcement Officer or other person
duly authorized;
IMPOUNDMENT OF
VEHICLES, CYCLES
AND CHATTELS
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
(2)
Prior to the redemption of the chattel or
obstruction, all fees and charges for the
removal, care or storage of a vehicle, chattel
or obstruction removed and/or impounded
under this Bylaw shall be paid by the owner
of such vehicle or property;
(3)
If a motor vehicle is removed, detained or
impounded, written notice shall be given to
the registered owner at his address as shown
on the records of the Registrar of Motor
Vehicles advising him of the seizure, the sum
payable to release the vehicle and the date of
advertising for sale by public auction if
unclaimed;
(4)
Any vehicle, chattel or obstruction not
claimed by its owner within thirty (30) days
of its impounding or detention may be sold at
public
auction
which
auction
shall
be
advertised at least once in a newspaper
circulating in the City;
(5)
The proceeds of such auction sale shall be
applied firstly to the cost of the sale, secondly
to the fees, costs and expenses of the City or
its contractors and thirdly the balance, if any,
shall be held by the City for one (1) year from
the date of the sale for the owner. If
unclaimed at the end of the year such sum
shall be paid into the General Revenue of the
City.
55.
Where a vehicle is standing or parked on private
property in violation of this Bylaw, a Peace Officer
or a person authorized by the City of Terrace may,
with the permission of the owner of the private
property on which the vehicle is standing or parked:
(1)
move the vehicle, or require the driver
or person in charge of the vehicle to
move it, to a position determined by
the Peace Officer or other persons; or
REMOVAL OF
VEHICLES ON PRIVATE
PROPERTY
Street & Traffic Bylaw
- 25 -
Bylaw No. 1313-1993 (Consolidated)
(2)
move the vehicle or take the vehicle
into his custody and cause it to be
taken to and stored at a safe and
otherwise suitable place.
(3)
Notwithstanding Section 54 (1) & (2), where
a vehicle is standing or parked in violation of
the Bylaw on private property in respect of
which off-street parking has been provided in
accordance with any bylaw enacted pursuant
to Section 906 of the Local Government Act,
the owner or occupier of that private property
on which the vehicle is standing or parked
shall move the vehicle or require the driver or
person in charge of the vehicle to move it.
PART VIII - PENALTIES
GENERAL PENALTY
56.
Every person who violates any of the provisions of
this Bylaw for which a specific penalty has not
otherwise been designated, shall be deemed to have
committed an offence against this Bylaw and shall
be liable to a fine of not less than Twenty-five
($25.00) Dollars nor more than Two Thousand
($2,000.00) Dollars for each offence.
57.
(1)
Every person who violates any of the
provisions of Section 6 of this Bylaw shall be
liable to a fine of not less than Twenty-Five
($25.00) Dollars;
(2)
Every person who violates any of the
provisions of Part IV of this Bylaw shall be
liable to a fine of not less than Twenty-Five
($25.00) Dollars.
SPECIFIC
PENALTIES
Street & Traffic Bylaw
- 26 -
Bylaw No. 1313-1993 (Consolidated)
DEFAULT
58.
In addition to any other penalty which may be
incurred, anyone failing to comply with the
provisions of Part VII of this Bylaw within the time
limited therefore, or within a reasonable time upon
notice to that effect by the City, shall be subject to
the City carrying out such work at the expense of
the offender, and any charges or costs incurred by
the City in this regard, shall be recoverable by it in
any Court of competent jurisdiction.
59.
(1)
The owner of a vehicle shall incur the
penalties provided for any violation of this
Bylaw with respect to any vehicle owned by
him unless at the time of such violation the
vehicle was in the possession of some person
other than the owner without the owner's
consent; but nothing in this Section shall
relieve the operator of a vehicle not being the
owner, from incurring the penalties provided
for such violation;
(2)
The onus of establishing that the vehicle was
in possession of some person other than the
owner rests with the owner.
4.0
This Bylaw repeals Street & Traffic Bylaw No. 830-1978, and amendments
thereto.
5.0
This Bylaw may be cited as "Street and Traffic Bylaw No. 1313-1993."
This Bylaw is consolidated for convenience only. If discrepancies exist
between this Consolidation and the original bylaws, the original bylaws shall
prevail.
BYLAW #1313-1993 READ a first time this 13th day of April, 1993.
BYLAW #1313-1993 READ a second time this 13th day of April, 1993.
BYLAW #1313-1993 READ a third time this 13th day of April, 1993.
RESPONSIBILITY
OF OWNER
Street & Traffic Bylaw
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Bylaw No. 1313-1993 (Consolidated)
BYLAW #1313-1993 received the approval of the MINISTER OF TRANSPORTATION
AND HIGHWAYS this 7th day of June, 1993.
ORIGINAL SIGNED BY MINISTER OF HIGHWAYS
(Deputy Minister)
BYLAW #1313-1993 ADOPTED this 12th day of July, 1993.
ORIGINAL SIGNED BY "J. TALSTRA"
Mayor
ORIGINAL SIGNED BY "E.R. HALLSOR"
Clerk-Administrator