Village of Valemount Traffic Bylaw No. 896, 2025

Valemount, British Columbia

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~ VILLAGE OF ~ VALEMOUNT let IP.e I>VX.<4\toitls lrtJOe 'fAA VILLAGE OF VALEMOUNT TRAFFIC BYLAW NO. 896, 2025. A Bylaw to Regulate Traffic, Parking and the use of all Public Highways, Boulevards and sidewalks Within Village of Valemount PART Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 DESCRIPTION Introduction Definitions Authorities Table of Contents General Traffic Regulations Parking Regulations Highway Use Regulations Enforcement and Penalties PAGE 1 1-4 4-5 5-8 8-10 10-13 13 C) viLLAGE OF ~ VALEMOUNT let ~ I>VJM\t~ moue IF A BYLAW TO REGULATE TRAFFIC, PARKING AND THE USE OF ALL PUBLIC HIGHWAYS, BOULEVARDS AND SIDEWALKS WITHIN VILLAGE OF VALEMOUNT PART 1-INTRODUCTION The Council ofthe Village of Valemount, in open meeting assembled, enacts as follows: 1. This Bylaw may be cited as "Village of Valemount Traffic Bylaw No. 896, 2025." 2. Village of Valemount Traffic Regulation Bylaw No. 202, 1982, and all amendments thereto are hereby repealed. 3. Words in this Bylaw have the same meaning as words defined in the Motor Vehicle Act, R.S.B.C., 1996, or regulations under that Act, unless otherwise defined in this Bylaw. 4. This Bylaw does not apply to arterial Highways as defined in the Transportation Act. PART 2- DEFINITIONS "ACCESS" means a driveway intended for ingress or egress to abutting property from a Highway. "ACCESS PERMIT" means a permit which authorizes provision of access to an abutting property from an adjacent Highway. "ANGLE PARKING" means the parking of a vehicle other than parallel to a curb. "BYLAW ENFORCEMENT OFFICER" means the person appointed as such by Council and any person appointed or designated to assist them in enforcing municipal bylaws. "BOULEVARD" means the area other than a sidewalk between the curb lines of a Highway or the lateral lines of a Highway or the shoulder thereof and the adjacent property line. "BYLAW NOTICE" means a ticket issued in respect of this Bylaw. "COUNCIL" means the Council of the Village of Valemount "CURB" means the raised structural element which may be installed at the outside edge of a 1 ~ VILLAGE OF ~ VALEMOUNT ld ~ ll'rullf~ roo.ooe ljOO Highway or median parking area, primarily for a gutter. "CYCLE" means a device having any number of wheels that is primarily propelled by human power, may be electrically power assisted, does not contain an internal combustion engine and on which a person may ride. "CROSSWALK" means any portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface. "DIRECTOR OF FINANCE" means the person appointed by Council to the position of Director of Finance and includes any person appointed or designated by the Director of Finance to act on their behalf. "DISABLED PERSON" means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk. "DOUBLE PARKING" means the standing of a vehicle in the traveled portion of the Highway, adjacent to a parked vehicle or a parking space. "FEES AND CHARGES BYLAW" means the Village's Fees and Charges Bylaw, including all amendments and replacements thereto. "HAZARDOUS MATERIALS" means any explosive, flammable, toxic, noxious or other harmful or hazardous materials, including dynamite, concentrated chemicals in either solid, liquid or gaseous form, pressurized gases, gasoline and diesel fuel. "HIGHWAY", means a Highway as defined by the Motor Vehicle Act (and includes grass and gravel boulevards), "LANEWAY" means a service road along the back of residential or commercial property. "LOADING ZONE" means that portion of Highway designated by a Traffic Control Device for the exclusive use of vehicle loading or unloading passengers or property. "OPERATOR" means any person who drives, operates, or is in physical control of a vehicle, and shall be deemed to include the person in whose name the vehicle is registered. "PARK" means the stopping or standing of a vehicle, whether occupied or not. "PARKING SPACE" means a space of a section of a Highway marked by painted lines or other device or sign that is intended for the parking of a vehicle. 2 ~ VILLAGE OF ~ VALEMOUNT let #\e ~WXAot~tlM\S tWJOI> ljOil "PEACE OFFICER", means any member of the Royal Canadian Mounted Police and a person delegated to assist him in carrying out his duties under this Bylaw. "PEDESTRIAN" means a person on foot or in a wheelchair, whether motorized or not. "PUBLIC SPACE" means any Real property or portions of Real property owned or leased by the Village to which the public is ordinarily invited or permitted to be in or on, and include, but is not limited to, the grounds of public facilities or buildings, and public parking lots. "PUBLIC WORKS SUPERINTENDENT" means the person appointed by the Village of Valemount or their designate "REAL PROPERTY" means land, with or without improvements; "RECREATION VEHICLE" means a chassis mounted camper, motor home, holiday trailer or boat trailer intended for recreational use. "RESERVED PARKING" means a parking space reserved for a special use as indicated by a Traffic Control Device. "RESIDENTIAL AREA" means any area zoned for residential land use in the Zoning Bylaw. "RESIDENTIAL DWELLING UNIT" means one or more habitable rooms constituting a self- contained unit with separate entrances and used or intended to be used for living and sleeping purposes of a single family. "SHOULDER" means the portion of the Highway between the travelled portion of an uncurbed Highway and the ditch; or if there is no ditch, the area between the travelled portion ofthe Highway and the boulevard. "SIDEWALK" means the portion of a Highway intended exclusively for use by pedestrians. "STREET" means a public roadway, Highway, bridge, land, Sidewalk, and any other way normally open to the use of the public, but does not include a private right-of-way on private property. "TRAFFIC CONTROL DEVICE" means a sign, signal, line, meter, marking, space, or device, not inconsistent with this bylaw, placed or erected by authority of the Minister of Highways or of the Council or person duly authorized by the Minister of Highways or the Council to exercise such authority. "TRAFFIC OFFICER" means any official, employee or contractor of the Village whose duties include the control of traffic or parking within the Village, and includes the Public Works Superintendent, 3 O vnLACE or ~ VALEMOUNT let jf.e ~ftl.tls ll1llOe 'dOll Peace Officers, Bylaw Enforcement Officers and members of the Fire Department while attending an emergency in the course of their duty. "TRAILER" means a vehicle, including a recreation vehicle that is at any time drawn upon a Highway by a motor vehicle. "VEHICLE" includes any means of conveyance in, upon, or by which any person or property is or may be transported or drawn upon a Highway irrespective of the motive of power. "VILLAGE" means the Village of Valemount. PART 3- AUTHORITIES 3.1 PUBLIC WORKS SUPERINTENDENT The Public Works Superintendent or anyone under his direction is authorized to: a. order the closing of a Highway or section of Highway or the restriction or diversion of traffic from a Highway at such time and for such period of time and in respect of such classes of traffic or use when, in the opinion of the Public Works Superintendent, any Highway or any section of a Highway is unsafe or unsuitable for traffic or it is advisable that traffic should be restricted or diverted from it; b. authorize and empower by order to place, replace or alter Traffic Control Devices at any ... location he or she may determine to give effect to the provisions of the. Motor Vehicle Act and this bylaw; c. to order the alteration, repainting, or removal of any sign or other thing on a Highway, placed on a Highway without the permission of the Village, without compensation to any person for loss or damage resulting from such alteration, repainting, or removal; d. issue, or cause to be issued, orders to revoke, rescind, amend or vary any permit, notice, traffic notice, order or directive issued pursuant to the provisions of this Bylaw. 3.2 BYLAW ENFORCEMENT OFFICER The Bylaw Enforcement Officer or their designate is authorized to: a. issue Bylaw Notices for violations of this bylaw; b. place temporary "No Parking" signs and barricades or other applicable Traffic Control Devices; 4 ~ VILLAGE OF ~ VAlEMOUNT let #\e ti1Dllflfllill6 I>IOlJe ljOU c. order the alteration, repainting, or removal of any sign or other thing on a Highway, placed on a Highway without the permission of the Village, without compensation to any person for loss or damage resulting from such alteration, repainting, or removal; d. issue, or cause to be issued, orders to revoke, rescind, amend or vary any permit, notice, traffic notice, order or directive issued pursuant to the provisions of this Bylaw. 3.3 Any Traffic Officer is authorized to do such things as may be considered necessary to control traffic during any emergency requiring the attendance of emergency vehicles or equipment. PART 4 - GENERAL TRAFFIC REGULATIONS 4.1 APPLICATION The provisions of this Bylaw do not apply to: a. vehicles or other equipment owned and operated by the Village and employees or persons employed by the Village while lawfully engaged in Highway or public utility construction, maintenance or repair work on a Highway; b. the driver of an emergency vehicle while responding to an emergency call and sounding an audible signal and showing a flashing red light, or at the scene of an emergency and showing a flashing red light; c. a Peace Officer engaged in police duty or a Bylaw Enforcement Officer engaged in the performance of their duties; d. a tow vehicle while it is use for the purpose of towing vehicles; e. a vehicle owned, leased or used under contract by the Government of Canada, the Province of British Columbia, or a public utility corporation while the vehicle is in actual use for official purposes. 4.2 SPEED LIMITS a. The maximum speed on any Highway in the Village of Valemount shall be forty (40) kilometers per hour unless otherwise posted. b. No person shall operate a vehicle on a laneway at a greater rate of speed than thirty {30) kilometers per hour. c. No person shall operate a vehicle within a construction zone at a speed greater than thirty {30) kilometers per hour unless otherwise posted. 5 ~ VILLAGE OF ~ VALEMOUNT lcl ff,e ~W>t~t~tcM ~ lfNA 4.3 TRAFFIC CONTROL DEVICES a. No person shall park, drive or operate a vehicle or act in a manner contrary to that indicated by a Traffic Control Device erected or placed on any Highway as authorized by this Bylaw, except when directed to do so by a Traffic Officer. b. No person shall place, maintain, or display upon or in view of any Highway, any Traffic Control Device or other device which purports to be or resemble any Traffic Control Device, or any device which attempts to divert the movement of traffic or the parking of vehicles within the Village, except under the authority of this Bylaw. c. No person shall, deface, damage, move, obstruct, or otherwise interfere with any Traffic Control Device placed or maintained under this Bylaw. 4.4 LOAD LIMITS No person shall, without a permit issued under the authority of this bylaw and subject to the provisions of this bylaw, operate on a Highway a vehicle or combination of vehicles and trailers having a weight not conforming to the requirements of the Commercial Transport Act. 4.5 VEHICLE SIZE No person shall, without a permit, and subject to the provisions of this bylaw, operate on a Highway a vehicle or combination of vehicles and trailers having a size not conforming to the requirements of the Motor Vehicle Act and the Transportation Act. 4.6 TRAFFIC AND LOAD RESTRICTIONS Where the Public Works Superintendent feels any Highway is liable to damage through extraordinary traffic, he or she may regulate, limit or prohibit the use of the Highway to any person: a. operating or in charge of the extraordinary traffic b. owning the goods carried therein or c. owning the vehicles used therein 4.7 HIGHWAY CLOSURE PERMIT a. Temporary Highway Closure Permits may be issued to persons requiring partial or complete closure of a Highway for the purpose of construction on or adjacent to a Highway. b. Applications are processed through the Village Office, as approved by the Public Works 6 ~ VILLAGE OF ~ VALEMOUNT let lfte IIVX.<tlf~ t\10IH' \fiA Superintendent, or their designate. c. Permit Cost- No charge, except for any direct costs incurred due to traffic control. 4.8 IMPOUNDMENT OF VEHICLES a. A Traffic Officer may remove, detain or impound a vehicle, and subsequently cause it to be taken to a place of storage; or take the vehicle into custody and cause it to be detained after finding a vehicle standing or parked in any of the following manners: i. In violation of any provision of this bylaw; ii. In a position that causes it to interfere with removal or clearing of snow, ice or sand from a Highway, boulevard or sidewalk; iii. In a position that causes it to interfere with firefighting; iv. In a position that causes it to interfere with the normal flow of traffic on a Highway; v. In a position that causes it to interfere with the construction, improvement, alteration, extension, widening, marking repair, maintenance, clearing or street sweeping of a Highway; vi. In a position that causes it to interfere with an event authorized by the Village; or vii. Apparently abandoned on a Highway; or viii. Without valid permit where permit is required; ix. Without proper or valid license plates displayed as required by the Motor Vehicle Act. b. All costs and charges for the removal, care or storage of a motor vehicle removed under this bylaw shall be paid by the owner of the motor vehicle, and shall be a lien thereon in favour of the keeper of any repair shop, garage or storage place in which that motor vehicle is stored, and the same may be enforced by him in the manner provided by the Repairers Lien Act or the Warehouse Lien Act. c. Notwithstanding the costs outlined in section 4.9(b), the owner of the impounded vehicle shall pay an administration fee. 4.9 SALE a. Subject to the Community Charter, if a vehicle or other obstruction is detained or impounded, and not claimed by its owner within one month from date of seizure, the vehicle or other obstruction may be sold at public auction at the direction of the Director of Finance b. Despite any other provision of this Bylaw, if in the opinion of the Director of Finance, a vehicle or other obstruction removed, detained, or impounded is a perishable article, has 7 ~ VILLAGE OF ~ VALEMOUNT lt.t !«e 1>1DfAt\t~ !~We 'fAA an apparent market value of less than $2,000.00 or if its custody involves unreasonable expense or inconvenience, the Director of Finance may decide not to proceed to public auction, and may dispose of the chattel, obstruction or vehicle in any manner in which they deem expedient. PART 5 - PARKING REGULATIONS 5.1 UNLAWFUL PARKING a. No person shall park a vehicle in any public place unless such person shall comply with all conditions of the bylaw and other regulations posted by Traffic Control Devices. b. Where a motor vehicle or trailer is left, without the consent of the occupier of private property on such private property in the Village, the owner of a motor vehicle or trailer shall be deemed to have authorized and empowered the occupier to be his agent for the purpose of towing the motor vehicle or trailer to a place of storage and of storing it. c. The agent shall be deemed to have a lien against the motor vehicle or trailer for all reasonable advances made or charges incurred in connection with the towing and storing of the motor vehicle or trailer in the course of the agency. d. The procedure respecting enforcement of the lien shall be governed by the Warehouse Lien Act. 5.2 TIME LIMITS Notwithstanding any other provisions of this part, no person shall park a vehicle on any Highway for more than seventy-two (72) hours continuously. 5.3 LANE PARKING a. Whenever access can be had to any laneway, all deliveries or collections of goods to or from any commercial building shall be made there from. b. No person shall park a vehicle in a laneway unless he or she is actively engaged in the loading or unloading of goods from a vehicle in which case parking will be permitted for a period of up to fifteen (15) minutes. c. No person shall park a vehicle in a laneway for the purpose of loading and unloading where a loading zone is provided on site. 5.4 PROHIBITED PARKING a. Except when necessary to avoid conflict with traffic or to comply with the directions of a 8 ~ VILLAGE OF ~ VALEMOUNT let /fie miJIJ.t\t!JiW; ll'llliW \jOO Traffic Officer or Traffic Control Device, no person shall stop or park a vehicle: i) on a sidewalk; ii) on a crosswalk; iii) within an intersection; except in designated loading and bus zones. iv) within five (5) meters of a fire hydrant measured from a point in the curb or edge ofthe Highway which is closest to the fire hydrant; vi) within six {6) meters of a crosswalk or an intersection or any flashing beacon, stop sign, or traffic control signal located at the side of a Highway; xi) on a Highway in such a manner as to obstruct or impede the normal flow of traffic; or xiii) in such manner as to obstruct the visibility of any standard traffic sign; xv) or not withstanding any provisions of this section alongside a curb painted white or yellow which shall designate restricted parking. 5.5 TRAILER PARKING No person shall park any trailer unattached upon any Highway unless in emergency situations or the trailer is attached to a vehicle by which it may be towed. 5.6 ACCESSIBLE ilAFc.i<iNG ZONE a. No driver shall stop or park a vehicle in a Parking space designated for use by a person with disabilities, unless such vehicle displays a valid Accessible Parking Permit pursuant to the Motor Vehicle Act. b. Permitted vehicles may remain parked at a designated accessible Parking space up to a maximum of two (2) continuous hours. 5.7 LENGTH AND WEIGHT RESTRICTIONS Notwithstanding any other provisions of this bylaw, a. no person shall park any vehicle having a length in excess of 6 (six) meters in any diagonal parking space; b. no person shall park any vehicle having a gross vehicle weight exceeding 5,500 kilograms, or a length in excess of seven and one-half (7.5) meters on a local Highway within a residential area for a consecutive period longer than four (4) hours. 9 ~ VILLAGE OF ~ VALEMOUNT Let ~ twXAtlf~ ll'JJlle 'PI PART 6- HIGHWAYS USE REGULATIONS 6.1 SNOW REMOVAL a. Every owner or occupier of a business premises shall remove any accumulation of snow or ice upon any sidewalk abutting the land or premises owned or occupied by the person in accordance with the Village of Valemount Snow Removal Policy. b. No person shall deposit, pile or spread snow or ice on any Highway, sidewalk, boulevard, or other public place, except the place designated by the Public Works Superintendent. c. No owner or occupier of any residential dwelling shall permit any accumulation of snow, ice or debris on a sidewalk adjacent to any property owned or occupied by the person to such an extent that the snow, ice, or debris impedes pedestrian traffic. 6.2 VILLAGE RIGHT OF WAYS (BOULEVARDS) a. Parking on Village boulevards or right of ways is prohibited for 48 hours immediately following snowfall of Scm or more. When snowfalls are continuous or fall closely to one another, the parking prohibition remains in effect for 48 hours after the last snow event. b. No owner or occupier of any real property shall shovel, move or otherwise deposit or permit the depositing of snow, ice or other debris from any real property owned or occupied by them onto Village right of ways, boulevards, Janes or streets. c. Snow placed on Village Right of Ways; lanes;· sidewalks or streets by private individuals or companies in a manner that creates a hazard or impedes snow removal operations will not be permitted. Removal costs of such snow or ice incurred by the Village will be charged to the owner of the property abutting the right of way, lane or sidewalk in question. The Village of Valemount will not be held responsible for any damage caused to private or public property as a result of this snow placement. 6.3 DRAINAGE No person shall alter or stop the flow of water through any drain, sewer ditch or culvert on any Highway. 6.4 LITTERING a. No person shall operate a vehicle or combination of vehicle and trailer unless it loaded, or covered as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping. b. Should any material, due to any cause whatsoever, fall from the vehicle, the operator shall take all reasonable precautions to safeguard trafficfrom the consequences thereof and 10 ~ VILLAGE OF ~ VALEMOUNT letlfle~WX.<.t~ttM~IjOO shall remove such material from the spillage area. c. No person shall place, throw, deposit or discard on any Highway any rubbish, litter or waste material of any description. 6.5 CONSTRUCTION a. No person shall excavate, construct any works or occupy the Highway for the purposes of construction adjacent to the Highway unless otherwise authorized by permit. b. Where authorized works are carried out on, over, or under any Highway, appropriate signs, flashers, barricades or other warning devices shall be provided around the construction zone to the satisfaction of the Village. 6.6 IMPEDING TRAFFIC a. No person shall use any Highway for any purpose other than that of lawful traffic, except with the permission of The Superintendent of Public Works b. No person shall travel on any Highway, sidewalk or boulevard with sleds, toboggans, skis, skate boards, roller skates or other like apparatus except on Highways, sidewalks or boulevards expressly closed to vehicular traffic for such purposes. 6.7 TREES OVER HIGHWAYS 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. toprevent physical obstruction and visibility impairment to pedestrian and vehicle traffic on the sidewalk or Highway. 6.8 STRUCTURES OVER HIGHWAYS a. No person shall, except as provided herein or by any other bylaw, or unless otherwise authorized by the Village, erect or maintain any structure which encroaches on or over any Highway or public land. b. Approved structures overhanging the Highway shall have a minimum clearance of 2.5 meters above any sidewalk and five (5) meters above any Highway. c. No person shall place, remove or alter any sign, structure or other device on or over a Highway or land without the express consent of the Village. d. Every person who in any way damages any pavement, paved or unpaved sidewalk or curbing or gutter while leaving the travelled portion of the Highway, shall be liable to the Village and shall pay for the cost of repairing such damage to the satisfaction of the Village. 11 ~ VILLAGE OF ~ VALEMOUNT let ffte llVlf.Wif~ wooe ljOil 6.9 PROPERTY ACCESS a. No person shall alter an existing access to a property or construct a new access to a property without obtaining a permit from the Village b. Every means of access to and from a Highway for any parcel of land or real property abutting thereon shall require the approval of the Village. The location and extent of such access shall be within the discretion of the Village. The cost of constructing any such approved access shall be borne by the owner of the property abutting on the Highway from where the access is taken c. Where the approval of any access under this section involves the construction of any public property, the owner of the property requiring the access shall be responsible for the construction and on-going maintenance and repair of such access, and shall indemnify the Village against all liability, suits, actions, claims, accidents, injuries or damages which may occur to persons or property as a result of the access being constructed and maintained on public property and the Village may require that such approval of access over public property be in the form of an easement or right-of-way agreement between the Village and the abutting owner 6.10 HIGHWAY No person shall oil or otherwise treat any Highway or portion thereof without the express permission of the Superintendent of Public Works. 6.11 BOULEVAROS Every owner or occupier of a business or a residential premises shall be responsible for the general maintenance, including but not limited to grass cutting and removal of accumulation of leaves, on the boulevards abutting the business or residential lands or premises. 6.12 DEFAULT In addition to any other penalty which may be incurred, anyone failing to comply with the provisions of this Part within the time specified or within a reasonable time upon notice to that effect by the Village, shall be subject to: a. the Village carrying out any such work at the expense of the offender; and, b. to any charges or costs incurred by the Village in this regard. PART 7- ENFORCEMENT AND PENALTIES 7.1 Where any section ofthis Bylaw refers to the requirement to pay a fee, charge, or penalty, the amount required shall be outlined in the Village Fees and Charges Bylaw and its amendments. 7.2 A person who: 12 ~ VILLAGE OF ~ VALEMOUNT let lf.e wrot~f* ~ 'PJ a. contravenes or fails to comply with this bylaw; b. Permits or allows any act or thing to be done in contravention of this bylaw; c. fails to carry out an order made under this bylaw; or commits an offence and each day such an offence continues or is permitted to continue will constitute a separate offence. 7.3 A person who commits an offence under this Bylaw will be liable to a penalty established under the Bylaw Notice Enforcement and Dispute Adjudication Bylaw. 7.4 No person may obstruct a Bylaw Enforcement Officer in the fulfillment of their duties under this Bylaw. Read a first time this 25th day of March, 2025. Read a second time this 25th day of March, 2025 Read a third time this 22"d day of April, 2025. tldaMlk/ CO, Carleena Shepherd Certified to be a true and correct copy of Village of Vale mount Traffic Regulation Bylaw No.896, 2025, as adopted by Council Resolution # 86/25. CO, Carleena Shepherd 13