Traffic and Parking Bylaw No. 4370, 2004 (consolidated to Amendment 5242, 2023)
West Vancouver, British Columbia
· adopted 2004-04-26
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407899v1
Traffic and Parking
Bylaw No. 4370, 2004
Effective Date - April 26, 2004
Consolidated for Convenience Only
This is a consolidation of the bylaws below. The amendment bylaws have been
combined with the original bylaw for convenience only. This consolidation is not a
legal document. Certified copies of the original bylaws should be consulted for all
interpretations and applications of the bylaw on this subject.
Amendment Bylaw
Effective Date
Bylaw No. 5242, 2023
June 1, 2023
Bylaw No. 5123, 2021
June 28, 2021
Bylaw No. 5059, 2020
March 30, 2020
Bylaw No. 5048, 2019
December 2, 2019
Bylaw No. 4702, 2011
November 28, 2011
Bylaw No. 4682, 2011
May 19, 2011
Bylaw No. 4618, 2009
November 16, 2009
Bylaw No. 4535, 2008
February 18, 2008
Bylaw No. 4516, 2007
June 18, 2007
Bylaw No. 4460, 2006
March 6, 2006
Bylaw No. 4445, 2005
July 28, 2005
The bylaw numbers in the margin of this consolidation refer to the bylaws that
amended the principal bylaw (Traffic and Parking Bylaw No. 4370, 2004). The
number of any amending bylaw that has been repealed is not referred to in this
consolidation.
District of West Vancouver
Traffic and Parking Bylaw No. 4370, 2004
Table of Contents
Page #
Part 1
Citation .............................................................................................. 1
Part 2
Severability ........................................................................................ 1
Part 3
Previous Bylaw Repeal ...................................................................... 2
Part 4
Interpretation ..................................................................................... 3
Part 5
Definitions .......................................................................................... 3
Part 6
Traffic Control .................................................................................... 8
6.1
Existing Traffic Control Devices .............................................. 8
6.2
Compliance with Traffic Control Devices ................................ 8
6.3
Delegation of Authority ........................................................... 8
6.4
Variation of Orders .................................................................. 12
6.5
Temporary Traffic Control Devices ......................................... 12
6.6
Permits ................................................................................... 12
6.7
Interference with Traffic .......................................................... 13
Part 7
Standing, Stopping and Parking Vehicles .......................................... 13
7.1
Standing, Stopping and Parking Prohibitions .......................... 13
7.2
Recreational Vehicles, Trailers and Boats .............................. 16
7.3
Passenger, Commercial, Bus and Taxi Zones ........................ 17
7.4
Disabled Parking Zones .......................................................... 18
7.5
Resident Parking Zones ......................................................... 19
7.6
Temporary No Parking Zones and Permits ............................. 19
7.7
E-Bike Share Services ............................................................ 20
7.8
Electric Vehicle Charging Stations .......................................... 21
7.9
Exemptions ............................................................................. 21
7.10 Transportation Network Services ............................................ 22
Part 8
General Regulations .......................................................................... 22
8.1
Enforcement Officers .............................................................. 22
8.2
Fire Vehicles and Fire Equipment ........................................... 23
8.3
Speed Limits and Speed Zones .............................................. 23
8.4
Control of Animals .................................................................. 23
8.5
Driving over Curbs or Sidewalks ............................................. 24
8.6
Vehicle Horns ......................................................................... 24
8.7
Boarding, Blading, Skating, Skiing and Sleighing on a
Highway .................................................................................. 24
8.8
Refuse on a Highway .............................................................. 25
8.9
Chattels on a Highway ............................................................ 25
8.10 Accumulations on a Highway .................................................. 25
8.11 Defacing and Damaging a Highway ........................................ 25
8.12 Selling on a Highway .............................................................. 25
8.13 Funeral and Processions ........................................................ 26
8.14 Removal of Snow, Ice and Debris from Sidewalk ................... 27
8.15 Spills on a Highway ................................................................ 27
8.16 Heavy Vehicles ....................................................................... 27
8.17 Loitering and Gathering on a Highway .................................... 28
8.18 Traffic Notices ......................................................................... 28
8.19 Helmet .................................................................................... 28
8.20 Public Decency ...................................................................... 29
8.21 Traffic Control Person ............................................................ 29
8.22 Traffic Control Person Required ............................................ 29
8.23 Neighbourhood Zero Emission Vehicle .................................. 30
Part 9
Highway Use Regulations ................................................................. 30
9.1
Advertising on a Highway ....................................................... 30
Part 10
Vehicle Weights, Loads, Dimensions ................................................ 31
10.1 Applications and Definitions .................................................... 31
10.2 Size and Weight Restrictions .................................................. 31
10.3 Sundry Requirements ............................................................. 32
10.4 Weighing and Inspection of Vehicles ...................................... 33
10.5 Display of Weights and Dimensions ....................................... 34
10.6 Evidence of Weight of Vehicle or Load ................................... 34
Part 11
Pedestrian and Cycle Restrictions ..................................................... 35
11.1 Pedestrians ............................................................................. 35
11.2 Cyclists ................................................................................... 35
Part 12
Impoundment .................................................................................... 36
12.1 Removal from a Highway ........................................................ 36
12.2 Sale ........................................................................................ 37
Part 13
Commercial Vehicle Decals and Licences ......................................... 38
Part 14
Offence and Penalty .......................................................................... 39
Document #: 407899
District of West Vancouver
Traffic and Parking
Bylaw No. 4370, 2004
A bylaw to regulate traffic and parking on highways
within the District of West Vancouver.
Previous amendments: Amendment Bylaws 4445, 4460, 4516, 4535, 4618,
4682, 4702, 5048, 5059, 5123, and 5242.
WHEREAS the Council of The Corporation of the District of West Vancouver
deems it expedient to provide for the regulation of traffic and parking on
highways within the District of West Vancouver,
NOW THEREFORE, the Council of the District of West Vancouver enacts as
follows:
Part 1
Citation
1.1
This bylaw may be cited for all purposes as "Traffic and Parking Bylaw
No. 4370, 2004".
Part 2
Severability
2.1
If a portion of this Bylaw is held invalid by a Court of competent
jurisdiction, then the invalid portion must be severed and the remainder of
this Bylaw is deemed to have been adopted without the severed section,
subsection, paragraph, subparagraph, clause or phrase.
Traffic and Parking Bylaw No. 4370, 2004
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Part 3
Previous Bylaw Repeal
3.1
Traffic Bylaw, No. 2832 (1979) (adopted on July 16, 1979), and following
amendments are repealed:
Amendment Bylaw
Effective Date
Bylaw No. 4340
July 14, 2003
Bylaw No. 4257
May 28, 2001
Bylaw No. 4229
July 26 2000
Bylaw No. 4224
July 24 2000
Bylaw No. 4219
June 05, 2000
Bylaw No. 4203
March 20, 2000
Bylaw No. 4191
October 18, 1999
Bylaw No. 4147
March 22, 1999
Bylaw No. 4115
June 10, 1998
Bylaw No. 4094
March 16, 1998
Bylaw No. 4064
July 14, 1997
Bylaw No. 3979
February 12, 1996
Bylaw No. 3927
February 06, 1995
Bylaw No. 3926
March 27 1995
Bylaw No. 3899
September 12, 1994
Bylaw No. 3892
July 11, 1994
Bylaw No. 3852
January 10, 1994
Bylaw No. 3844
October 18, 1993
Bylaw No. 3805
May 17, 1993
Bylaw No. 3782
December 16, 1992
Bylaw No. 3769
October 26, 1992
Bylaw No. 3663
April 15, 1991
Bylaw No. 3619
October 29, 1990
Bylaw No. 3512
February 04 1991
Bylaw No. 3477
January 23, 1989
Bylaw No. 3225
July 08, 1985
Bylaw No. 3202
March 25, 1985
Bylaw No. 3132
February 20, 1984
Bylaw No. 3118
October 22, 1984
Bylaw No. 3075
January 17, 1983
Bylaw No. 2901
June 23, 1980
3.2
Commercial Vehicles Licensing Bylaw No. 3407, 1987 (adopted on
December 16, 1987) is repealed.
Traffic and Parking Bylaw No. 4370, 2004
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Part 4
Interpretation
4.1
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.
Part 5
Definitions
5.1
In this Bylaw:
"Act" means the Local Government Act, R.S.B.C. 1996, c.323;
"bus zone" means an area or space on a highway established for the use
of public transit buses;
"Chief Constable" means the Chief Constable of the West Vancouver
Police Department or such person as may be duly authorized from time to
time by the Chief Constable;
"commercial vehicle" means a vehicle defined as such in, and licensed
under, the Commercial Transportation Act (British Columbia), as amended
from time to time, or a vehicle not so licensed but being used in the
ordinary course of a business for the regular collection or delivery of
goods or materials;
"commercial zone" means an area or space on a highway established
for the exclusive use of Commercial Vehicles;
"Council" means the Council of The Corporation of the District of West
Vancouver;
"Cycle" means a device having any number of wheels that is propelled by
human power and on which a person may ride but does not include a play
vehicle;
"decal" means a validation decal affixed to the vehicle in the prescribed
form;
"District" means The Corporation of the District of West Vancouver;
"E-Bike Share Permit" means a permit issued by the Engineer under
section 7.7.1 of this bylaw;
"E-Bike Share Service" means a legal entity whose business is to provide
access to a fleet of E-Bikes for a fee;
Bylaw No.
5059, 2020
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5059, 2020
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5059, 2020
Bylaw No.
5123, 2021
Bylaw No.
5123, 2021
Bylaw No.
5123, 2021
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"E-Bike Share Zone" means the area or space on a roadway designated
by a Traffic Control Device and established for the exclusive use of a
specified E-Bike Share Service;
"E-Bike or Motor Assisted Cycle" means a type of cycle:
(a)
with two or three wheels to which pedals or hand cranks are
attached that allow for the cycle to be propelled by human
power;
(b)
on which a person may ride;
(c)
to which is attached an electric motor that has an output not
exceeding 500 W;
that meets the other criteria prescribed under the Motor Vehicle Act,
RSBC 1996, c. 318, the Motor Vehicle Act Regulations and the Motor
Assisted Cycle Regulation, all as may be amended or replaced.
"Electric Vehicle" means any vehicle that operates, either partially or
exclusively, on electrical energy from an off-board source, that is stored
onboard for motive purpose; but for the purposes of this bylaw, does not
include vehicles that cannot be licensed by the Insurance Corporation of
British Columbia;
"Electric Vehicle Charging Station" means a battery charging station
that is available for public use for the purpose of transferring electric
energy to a battery in an Electric Vehicle;
"Enforcement Officer" means:
(a)
every person designated by Council by name of office or
otherwise as an Enforcement Officer for the purposes of
administering and enforcing this Bylaw;
(b)
a peace officer, including every officer of the West
Vancouver Police Department;
(c)
every bylaw Enforcement Officer of the District appointed
under the Police Act;
(d)
every officer and employee of West Vancouver Fire and
Rescue who attends to a fire or emergency while acting in
the scope of their authority.
Bylaw No.
5123, 2021
Bylaw No.
5123, 2021
Bylaw No.
5242, 2023
Bylaw No.
5242, 2023
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"Engineer" means the District's Director of Engineering and
Transportation or such person as may be designated by Council to act in
the place of the Director by name of office or otherwise;
"geo-fence" means a virtual boundary between two geographic areas or
a virtual perimeter around a geographic area, the location and delineation
of which shall be determined by the Engineer;
"geo-fenced Area" means the area within a geo-fence, or on one side of
a geo-fence, as determined by the Engineer;
"heavy vehicle" means a truck, trailer or truck-trailer combination having a
licensed gross vehicle weight in excess of 11,800 kilograms except for
trucks, trailers and truck-trailer combinations owned or leased by the
District, emergency vehicles or garbage or recycling trucks providing
contractual services to the District;
"highway" means the area of every public right-of-way lying between two
property lines, title to which area is vested in the District and which is
designated or intended for or used by the general public for the passage
of vehicles or persons;
"Inter-Municipal Bike Share Program" means an E-Bike share program
to facilitate the operation of E-Bike Share Services in the District and other
municipalities that is jointly operated by the District with other partnering
municipalities;
"lane" means that portion of a highway not greater than 10 metres in
width that is improved, designed, or ordinarily used for access by vehicular
traffic to the rear or side of a parcel;
"Licence Inspector" means the person(s) from time to time duly
appointed as Licence Inspector for the municipality and also any person
lawfully acting in that capacity;
"licenced gross vehicle weight" means the gross vehicle weight for
which a vehicle is licensed;
"loading zone" means the area or space on a highway established for
the exclusive use of vehicles during the loading or unloading of persons,
goods or materials;
"Manager" means the person appointed by Council as Municipal Manager
of the District;
"Metered Parking Stall" means any parking stall that requires payment
for use, including an Electric Vehicle Charging Station;
Bylaw No.
5048, 2019
Bylaw No.
4535, 2008
Bylaw No.
5059, 2020
Bylaw No.
5059, 2020
Bylaw No.
5059, 2020
Bylaw No.
5123, 2021
Bylaw No.
5242, 2023
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"Motor Assisted Cycle Regulation" means the Motor Assisted Cycle
Regulation, BC Reg. 151/2002;
"Motor Vehicle Act Regulations" means the Motor Vehicle Act
Regulations, BC Reg. 29/58;
"neighbourhood zero emission vehicle" means a vehicle that travels on
four wheels and is powered by an electric motor that is designed to allow
the vehicle to attain a speed of 33 kilometres per hour but not more than
40 kilometres per hour in a distance of 1.6 kilometres on a paved level
surface, and
(a) meets or exceeds standards of the Motor Vehicle Safety Act
(Canada) for a low-speed vehicle and bears a compliance label
for a low-speed vehicle in accordance with that Act; or
(b) if imported to Canada, has been imported as an admissible low-
speed vehicle in accordance with the Motor Vehicle Safety Act
(Canada) requirements; and
(1) bears a compliance label for a low-speed vehicle in
accordance with that Act; or
(2) meets applicable federal United States laws in
accordance with the Motor Vehicle Safety Act
(Canada).
"owner" with respect to a vehicle or trailer, has the same meaning given in
the Motor Vehicle Act and with respect to real property, has the meaning
given to it in the Community Charter;
"Parking Meter" means a device or other method of controlling parking
by the requirement of payment or deposit of a parking fee, including an
Electric Vehicle Charging Station;
"Parking stall" means a portion of the roadway or other public place
indicated by a traffic control device as a parking place for one vehicle;
"passenger zone" means the area or space on a highway established for
the exclusive use of vehicles during the loading or unloading of persons;
"Passenger Transportation Act" means the Passenger Transportation
Act, SBC 2004, c. 39, as amended from time to time;
"permit" means a document in writing issued under the provisions of this
Bylaw in the form specified in section 6.6 of this Bylaw and includes a
licence of occupation;
Bylaw No.
4618, 2009
Bylaw No.
4682, 2011
Bylaw No.
5059, 2020
Bylaw No.
5059, 2020
Bylaw No.
5123, 2021
Bylaw No.
5123, 2021
Bylaw No.
5242, 2023
Bylaw No.
5242, 2023
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"procession" means any procession or group of more than 15
pedestrians or of more that five vehicles standing or moving on a highway,
including parades, street festivals and movie filming but excludes a funeral
procession or a Canadian Armed Forces Parade;
"property line" means the legal property line separating a parcel and the
adjacent highway;
"public place" means any real property, building or structure within the
District that is owned, leased, licensed, held, operated, administered or
otherwise controlled by the District for public use or access, and includes,
without limitation, any land leased to the District (including foreshore and
land covered by water);
"recreational vehicle" means a motor vehicle or a trailer that that is
designed or used primarily for accommodation and includes a travel
trailer, tent trailer, camper, camper van and motor home;
"registration card" means the motor vehicle licence for the motor vehicle
issued pursuant to the Motor Vehicle Act;
"roadway" means that portion of a highway that is improved, designed, or
ordinarily used for the passage of vehicular traffic;
"sidewalk" means that portion of a highway that is improved for exclusive
passage by pedestrians;
"sidewalk crossing" means that portion of a sidewalk that is improved for
passage by vehicular traffic;
"taxi zone" means the area or space on a highway established for the
exclusive use of licensed taxis during the loading or unloading of persons;
"Transportation Network Services" has the meaning set out in the
Passenger Transportation Act;
"traffic control person" means a person certified by the Province of
British Columbia to direct traffic as per the Ministry of Transportation
Traffic Control Manual for Work on Highways;
"traffic control device" means a sign, signal, line, meter, marking, space,
barrier or device, not inconsistent with the Motor Vehicle Act, placed or
erected by or under the authority of the District;
"trailer" means a vehicle without motive power designed to be drawn by or
used in conjunction with a motor vehicle, and includes a semi-trailer as
defined in the Commercial Transport Act;
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4682, 2011
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"vessel" means any boat, houseboat, float home, ship, dinghy, barge,
kayak, canoe or other means of floatation or water transportation, whether
motorized or not.
Part 6
Traffic Control
6.1
Existing Traffic Control Devices
6.1.1 Every traffic control device placed or erected by the District prior to
adoption of this Bylaw is authorized.
6.2
Compliance with Traffic Control Devices
6.2.1 Every person must comply with the directions, regulations or
prohibitions of every traffic control device placed or erected under
this Bylaw, except as otherwise directed by an Enforcement Officer
or as authorized or required under this Bylaw.
6.3
Delegation of Authority
6.3.1 The Engineer is authorized to make orders in respect of the
following matters, and by those orders to exercise the powers of the
District under this Bylaw, subject to the terms and conditions
prescribed in this Bylaw:
(a)
the placing or erection of traffic control devices to give effect
to this Bylaw or a bylaw adopted under this section;
(b)
the regulation, control or prohibition of pedestrian traffic,
ridden or herded animals, vehicular traffic and traffic by other
conveyances, either singly or together, on sidewalks,
walkways or boulevards, or in or on lanes or ways
separating the rear property lines of parcels of land fronting
on highways running more or less parallel to and on each
side of the lanes or ways, and at intersections of the lanes or
ways with each other or with highways;
(c)
the regulation, control or prohibition of the stopping, standing
or parking of vehicles in the Municipality;
(d)
in accordance with any regulation made under section
209(2)(h) of the Motor Vehicle Act, for parking zones for
persons with disabilities, on highways that are not arterial
highways, including providing for a system of permits for
those parking zones;
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(e)
the setting apart and allotting of portions of highways
adjacent to federal, provincial or municipal public buildings
for the exclusive use of officials and officers engaged in
them for the parking of vehicles, and the regulation of that
parking;
(f)
the erection, maintenance and operation on a highway or
portion of it of automatic or other mechanical meters, for the
purpose of allotting and controlling parking spaces for
vehicles, and measuring and recording the duration of
parking, and requiring the driver of every vehicle parked in a
parking space to deposit in the appropriate meter a fee for
parking in the manner and at the rate prescribed and as
measured by the meter;
(g)
the removal, detention or impounding of vehicles unlawfully
occupying a portion of a highway or public place, and a scale
of fees, costs and expenses for that purpose;
(h)
the recovery of the fees, costs and expenses from the owner
or by sale of the vehicle referred to in subsection 6.3.1(g) at
public auction or by action in a court of competent
jurisdiction;
(i)
the establishment, use and designation of loading zones,
commercial zones, and passenger zones in the municipality;
(j)
in respect of a highway in the municipality, except an arterial
highway, the regulation of the width, length and height of
vehicles and the width, length, height, fastenings and
distribution of loads on vehicles driven or operated on them;
(k)
that on a highway where construction, reconstruction,
widening, repair, marking or other work is being carried out,
traffic control devices must be erected or placed indicating
that people or equipment are working on the highway;
(l)
that on a highway where construction, reconstruction,
widening, repair, marking or other work is being carried out,
traffic control devices must be erected or placed to regulate
or prohibit traffic in the vicinity of the work;
(m)
the regulation, control and prohibition of erection or
maintenance, or both, of signs, advertisements or guide
posts on or over highways other than arterial highways in the
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municipality, and their alteration, repainting, tearing down or
removal without compensation to any person for the loss or
damage that results;
(n)
the regulation or prohibition of pedestrian traffic on highways
other than at crosswalks;
(o)
the prohibition of pedestrian traffic in an unmarked crosswalk
designated by a traffic control device;
(p)
the establishment of school crossings in the municipality and
the regulation and control of pedestrian and vehicular traffic
with respect to them;
(q)
the regulation of traffic passing by or in the vicinity of schools
through the use of traffic patrols, and for that purpose
vesting in the school children or other persons employed in
traffic patrols power to require vehicles to stop at school
crossings or other designated places on a highway;
(r)
the establishment and use of taxi stands in the municipality
and their designation;
(s)
the regulation and control of processions on highways in the
municipality;
(t)
the regulation and control of persons using roller skates,
sleighs, skates, skis or other similar means of conveyance
on highways in the municipality and the closing of a highway
or highways or part of them to permit the use of roller skates,
sleighs, skates, skis or other similar means of conveyance;
(u)
the enforcement of bylaws adopted under this section by fine
or imprisonment, or both, and imposing fines, penalties and
costs;
(v)
the use, in places, under conditions and in circumstances
specified by the bylaw, of sidewalks and crosswalks by
persons riding cycles;
(w)
that a person operating or riding as a passenger on a cycle
on a path or way designated under subsection 6.3.1(v) must
properly wear a bicycle safety helmet that:
(i)
is designated as an approved bicycle safety helmet
under section 184(4)(a) of the Motor Vehicle Act, or
Traffic and Parking Bylaw No. 4370, 2004
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(ii)
meets the standards and specifications prescribed
under section 184(4)(b) of the Motor Vehicle Act;
(x)
that a parent or guardian of a person under the age of 16
years must not authorize or knowingly permit the person to
operate or ride as a passenger on a cycle on a path or way
designated under subsection 6.3.1(v) if that person is not
properly wearing a bicycle safety helmet that:
(i)
is designated as an approved bicycle safety helmet
under section 184(4)(a) of the Motor Vehicle Act, or
(ii)
meets the standards and specifications prescribed
under section 184(4)(b) of the Motor Vehicle Act;
(y)
that a parent or guardian of a person under the age of 16
years must not authorize or knowingly permit the person to
operate a motor assisted cycle on a path or way designated
under subsection 6.3.1(v);
(z)
the designation of paths or ways within the municipality,
other than paths or ways that are highways or are located on
private property, for the purposes of a bylaw made under
subsections 6.3.1(w), (x) or (y);
(aa)
the exemption of any person or class of persons from a
bylaw made under subsections 6.3.1(w), (x) or (y) and
prescribing conditions for those exemptions.
(bb)
permitting, regulating, controlling and prohibiting the
temporary occupation of a portion of a highway, for any
purpose or project, for the period necessary to complete
such purpose or project, including a requirement for persons
to pay a street occupancy fee and/or provide an indemnity
and/or proof of insurance for the benefit of the District;
(cc)
permitting, regulating, controlling and prohibiting fixed or
longer term encroachments on or over a highway, including
a requirement for persons to pay a street occupancy fee
and/or provide an indemnity and/or proof of insurance for the
benefit of the District.
(dd)
the issuance of a "Stop Work Order" for the following:
(i)
failure to produce a Traffic Control Plan as per the
Ministry of Transportation Traffic Control Manual for
Work on Roadways or otherwise as required and
approved by the Engineer; or
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(ii)
non-compliance with a Traffic Control Plan as per the
Ministry of Transportation Traffic Control Manual for
Work on Roadways or otherwise as required and
approved by the Engineer.
(ee)
establishment, designation and delineation of geo-fenced
areas and the regulation, prohibition or control of traffic
within such geo-fenced areas in accordance with the other
provisions of this bylaw;
(ff)
the establishment and use of E-Bike share zones.
6.3.2 A reference to a bylaw in this section includes a reference to an
order made under this section.
6.4
Variation of Orders
6.4.1 The Engineer may rescind, revoke, amend or vary an order made
by him or her under this Bylaw.
6.4.2 Orders made by the Engineer under this Bylaw must be in writing
and a copy of each order shall be filed with and certified by the
Clerk.
6.5
Temporary Traffic Control Devices
6.5.1 An Enforcement Officer or the Engineer may:
(a)
place temporary traffic control devices; or
(b)
divert or restrict traffic, for the following purposes:
(i)
in the interest of public safety;
(ii)
to permit proper action in an emergency; or
(iii)
to enable work to be done on a highway.
6.6
Permits
6.6.1 In respect of the authority delegated under subsection 6.3.1 the
Engineer may make orders respecting the circumstances under
which a permit will be issued, the form of the permit application, the
form of the permit, the payment of fees, the provision of an
indemnity and/or proof of insurance for the benefit of the district,
and the terms and conditions of a permit. The Engineer may issue
permits in accordance with this Bylaw and his or her orders may at
any time revoke or amend a permit where considered necessary or
desirable by the Engineer.
Bylaw No.
4516, 2007
Bylaw No.
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6.6.2 Every person who has been issued a permit under this Bylaw must
at all times comply with this Bylaw, and the terms and conditions of
the permit.
6.6.3 No person may undertake any work or activity that requires a
permit under this Bylaw or an order of the Engineer without first
having obtained a valid and subsisting permit of the kind required
by this Bylaw.
6.7
Interference with Traffic
6.7.1 No person may establish, place, maintain, or display upon or in
view of any highway, any traffic control device or other device
which purports to be or resembles any traffic control device, or
which attempts to direct the movement of traffic or the parking of
vehicles, or which obstructs from view, or interferes with the
effectiveness of any traffic control device or which interferes with
traffic safety.
6.7.2 No person may obliterate, deface, damage, injure, move, obstruct
or otherwise interfere with any traffic control device placed or
maintained by or on behalf of the District under this Bylaw.
6.7.3 No person being the owner of real property adjacent to a highway
may allow any tree, hedge, shrub or other planting on the real
property to grow over or under a highway so as to obstruct,
interfere with or hide from view any traffic control device or interfere
with traffic safety.
Part 7
Standing, Stopping and Parking Vehicles
7.1
Standing, Stopping and Parking Prohibitions
No person may stand, stop or park a vehicle:
7.1.1 so as to contravene the Motor Vehicle Act or this Bylaw or a traffic
control device or the directions of an Enforcement Officer;
7.1.2 so as to obstruct or interfere with the normal passage of vehicular
or pedestrian traffic;
7.1.3 in an intersection;
7.1.4 on a sidewalk or sidewalk crossing;
7.1.5 on a marked crosswalk or within six metres of the edge of a marked
crosswalk;
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7.1.6 on that side of a highway within three metres of the edge of an
intersecting driveway, private road or sidewalk crossing;
7.1.7 on that side of a highway within three metres of the edge of an
intersecting roadway or lane;
7.1.8 on that side of a highway within five metres of a point on the edge
of the roadway nearest a fire hydrant;
7.1.9 on that side of a highway within six metres of a flashing beacon,
stop sign, yield sign or traffic control signal;
7.1.10 on a lane except for commercial vehicles actively and visibly
engaged in loading or unloading and then only when stopped or
parked in such a manner as to allow for the passage of vehicular
traffic;
7.1.11 on that side of a highway within 15 metres of the nearest rail of a
railway crossing;
7.1.12 on a roadway for the principal purpose of:
(a)
displaying a vehicle for sale;
(b)
storing, advertising, maintaining, painting, repairing or
wrecking any vehicle except when repairs are necessitated
by an emergency;
7.1.13 on that side of a highway upon which any building in the course of
its construction or demolition extends to within three metres of the
edge of the roadway;
7.1.14 on a highway in contravention of a traffic control device which gives
notice that standing, stopping or parking is there restricted or
prohibited;
7.1.15 in such a manner as to obstruct the visibility of a traffic sign placed
or erected by the authority of the Engineer or this Bylaw;
7.1.16 on that side of a highway upon which a school or school property
abuts, on any school day between the hours of 8:00 a.m. and 5:00
p.m. except where otherwise permitted as indicated by appropriate
traffic control devices placed or erected by the authority of the
Engineer or this Bylaw;
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7.1.17 on that side of a highway where the curb is painted yellow, except
in a signed loading zone;
7.1.18 in a position that causes it to interfere with the construction,
improvement, maintenance, or repair of a roadway or public utility
by a person authorized to undertake such work by the Engineer;
7.1.19 on or over a traffic counting device or public works equipment;
7.1.20 on a highway within 150 metres of a fire vehicle or fire equipment
deployed in response to a fire alarm, unless they have received
permission from an Enforcement Officer;
7.1.21 on a highway for a period longer than 72 consecutive hours;
7.1.22 on a bridge;
7.1.23 on a highway within 15 metres of the approach to and 7.5 metres
beyond a bus stop sign except where actively engaged in loading
or unloading passengers and in any case for not more than three
minutes where such stopping does not interfere with any bus in, or
about to enter, such bus stop;
7.1.24 on a highway when it is practicable to park the vehicle off the
roadway;
7.1.25 on a highway where the travelled portion thereof is 6 metres or less
in width;
7.1.26 on a highway other than parallel with the curb or edge of the
roadway and in the direction of travel, unless the highway is
designated for angle parking, and where there is a curb, not further
than 30 centimetres from that curb as measured from the nearest
wheel;
7.1.27 on a highway designated for angle parking other than at 45 degrees
to the curb or edge of the highway, or other such angle as indicated
by a traffic control device, and in the direction of travel, and where
there is a curb, not further than 30 centimetres from that curb as
measured from the nearest wheel;
7.1.28 on a highway where parking stalls have been designated other than
wholly within the designated parking stall;
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7.1.29 or a trailer on any highway abutting any property used for
residential or commercial purposes for more than six hours unless
the property is owned or occupied by the person or his employer;
except that where the property owner, the owner's employee or
residents residing on streets on which parking abutting such
property is prohibited or physically impossible, then they may park
on the opposite side without penalty if the parking complies with
other laws and regulations in effect;
7.1.30 outside the permitted hours, or for longer than the maximum period
indicated, where a sign has been erected or placed on any portion
of a highway or other public place limiting the time during which a
vehicle may be parked upon such portion of the highway or public
place;
7.1.31 on a highway when not displaying a valid, current insurance decal,
if such decal is required for the vehicle to be lawfully driven.
7.1.32 on any portion of a highway that has been marked by paint and/or a
traffic control device for the intended use of bicycles or is otherwise
intended for the use of bicycles;
7.1.33 on or across a curb;
7.1.34 on any grass or turf area in any park;
7.1.35 on a highway when not displaying valid number plates, one at the
front and one at the rear of the vehicle, issued in accordance with
the Motor Vehicle Act;
7.1.36 in a Metered Parking Stall, without paying the required amount for
the use of the parking stall.
7.2
Recreational Vehicles, Trailers and Boats
7.2.1 No person may park a:
(a)
recreational vehicle, trailer or boat on a highway between the
hours of 12:00 a.m. and 6:00 a.m.,
(b)
recreational vehicle, trailer or boat on a highway for more
than six hours,
7.2.2 No person may park a recreational vehicle, trailer or boat on a
highway in any of the months of January, February, March,
November or December in any year, whether such highway is open
to the use of the public or not.
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7.2.3 Despite subsections 7.2.1 and 7.2.2, where parking a recreational
vehicle, trailer or boat by an owner on real property occupied by
them, by reason of the topography of that real property is deemed
impractical or dangerous, the Engineer may:
(a)
on written application by the owner of the recreational
vehicle, trailer or boat,
(b)
with the written consent of the owners and occupiers of
adjacent real property within 90 metres,
(c)
on payment of an annual fee as set out in Schedule A,
permit the recreational vehicle, trailer or boat a parking space on
the highway as designated and specified by the Engineer.
7.3
Passenger, Bus, Loading, Commercial, E-Bike Share and Taxi Zones
7.3.1 Every passenger zone, commercial zone, loading zone, bus zone
and taxi zone authorized by a bylaw or an order under a bylaw and
established for the purpose of loading and unloading persons,
materials, or goods, and existing prior to adoption of this Bylaw, is
authorized.
7.3.2 The Engineer may, by causing traffic control devices to be placed
or erected on any portion of a highway, establish the designated
portion of that highway as a passenger zone, commercial zone, bus
zone, E-Bike share zone or taxi zone and designate the area and
define the rights, duties and obligations of traffic with respect to that
passenger zone, commercial zone, bus zone, E-Bike share zone or
taxi zone.
7.3.3 No person may stop a vehicle in a passenger zone, commercial
zone, bus zone, E-Bike share zone or taxi zone except when
actively and visibly engaged in loading or unloading persons or
goods.
7.3.4 No person may stand, stop or park a vehicle in a passenger zone,
except for a passenger vehicle while actively loading or unloading
persons and for a maximum period of five minutes or such other
period as may be indicated on a traffic control device.
7.3.5 No person may stand, stop or park a vehicle other than a
commercial vehicle in a commercial zone.
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7.3.6 No person shall stop, stand or park a vehicle in a commercial zone
except while actively loading or unloading goods or materials.
7.3.7 No person shall stop, stand or park a vehicle in a loading zone for
longer than the maximum period indicated on any traffic control
device, or in the absence of a posted time limit, for longer than 30
minutes.
7.3.8 No person may stand, stop or park a vehicle in a loading zone
except while actively loading or unloading persons, goods or
materials.
7.3.9 No person shall stop, stand or park a vehicle in a loading zone for
longer than the maximum period indicated on any traffic control
device, or in the absence of such posted time limit, for longer than
five minutes for the loading or unloading of persons or 30 minutes
for the loading or unloading of goods or materials.
7.4
Disabled Parking Zones
7.4.1 Every disabled parking zone authorized by a bylaw or an order
under a bylaw established for persons with disabilities, and existing
prior to adoption of this Bylaw, is authorized.
7.4.2 The Engineer may, by causing appropriate traffic control devices to
be placed or erected on any portion of a highway, establish such
designated portion of that highway as a disabled parking zone and
designate the area and define the rights, duties and obligations of
traffic with respect to that disabled parking zone.
7.4.3 Council designates the Social Planning and Research Council of
British Columbia the sole organization for issuing, revoking and
cancelling disability parking permits for the purposes of this section.
7.4.4 No person may stand, stop or park a vehicle in a disabled parking
zone that does not display a valid disability parking permit or a
permit of a similar nature issued by another jurisdiction.
7.4.5 No person may stand, stop or park in a disabled parking zone a
vehicle that displays a valid disabled parking permit unless the
vehicle is driven by or transporting a person with the disability on
the basis of which the permit was issued under subsection 7.4.3.
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7.5
Resident Parking Zones
7.5.1 Every resident parking zone authorized by a bylaw or an order
under a bylaw and established for residents, and existing prior to
adoption of this Bylaw, is authorized.
7.5.2 The Engineer may, by causing appropriate traffic control devices to
be placed or erected on any portion of a highway, establish such
designated portion of that highway as a resident parking zone and
designate the area thereof and define the rights, duties and
obligations of traffic with respect to that resident parking zone.
7.5.3 No person may stand, stop or park a vehicle in a resident parking
zone that does not display a valid resident parking permit issued by
the District. A maximum of two resident parking permits will be
issued to the owner or occupier of real property within the resident
parking zone for that resident parking zone. Resident parking
permits will be issued for a period of up to 12 months upon proof of
real property ownership or occupancy and payment of a fee as set
out in Schedule A.
7.5.4 No person may stand, stop or park a vehicle in a resident parking
zone that does not display a valid guest parking pass issued by the
District. A maximum of two guest parking passes will be issued to
the owner or occupier of real property within the resident parking
zone for that resident parking zone. Guest parking passes will be
issued annually upon proof of real property ownership or
occupancy and payment of an annual fee as set out in Schedule A.
7.5.5 A person holding a resident parking permit or a guest parking pass
must display the resident parking permit or guest parking pass as
prescribed by order of the Engineer by hanging it from the rear view
mirror of that person's vehicle so that it is clearly visible from
outside the passenger compartment whenever the vehicle is parked
in an area where the permit or pass is required.
7.6
Temporary No Parking Zones and Permits
7.6.1 The Engineer may, by causing traffic control devices to be placed
or erected on any portion of a highway, establish such designated
portion of that highway as a temporary "no parking" zone for any
purpose or project for the period necessary to complete such
purpose or project, having determined that the purpose or project is
in the public interest with respect to public safety, convenience and
necessity. The Engineer may establish a temporary "no parking"
zone upon application by a person and payment of a fee as set out
in Schedule A.
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7.6.2 For the purposes of subsection 7.6.1, the Engineer may prescribe
the circumstances under which a permit will be issued, the form of
permit application, the form of a permit and the terms and
conditions of a permit.
7.7
E-Bike Share Services
7.7.1 The Engineer may issue an E-Bike Share Permit to an E-Bike
Share Service where the Engineer is satisfied that the E-Bike Share
Service has received approval through an Inter-Municipal Bike
Share Program.
7.7.2 The Engineer may establish and designate Geo-fenced Areas for
use by the holder of an E-Bike Share Permit and the permit holder
will, at its own expense, install such pavement markings and
signage as approved by the Engineer to identify the Geo-fenced
Area or, if installed by the District, will reimburse the District for
such costs.
7.7.3 The Engineer may, by directing the placement of Traffic Control
Devices, regulate and control the operation of E-Bike Share
Services within a Geo-fenced Area, including the speed of E-Bikes
and the regulation or prohibition of parking of any E-Bikes within a
Geo-fenced Area.
7.7.4 A person or legal entity may only operate an E-Bike Share Service
with a valid E-Bike Share Permit and in accordance with all of the
conditions of such permit and the requirements of this bylaw.
7.7.5 A person must not operate or park an E-Bike contrary to the
regulations in any Traffic Control Device.
7.7.6 The holder of an E-Bike Share Permit may deploy a fleet of E-Bikes
in any location where parking is permitted and where authorized by
the Engineer for the purpose of making E-Bikes available to reserve
for use.
7.7.7 Successful applicants for the E-Bike Share Permit must pay the E-
Bike Share Permit fee and the security for performance fee set out
in the Fees and Charges Bylaw 5025, 2019, as amended from time
to time, prior to being issued a permit. The security for performance
is refundable, less any deductions in accordance with section 7.7.8.
7.7.8 The Engineer may deduct the following fees from the security for
performance fee:
(a)
E-Bike retrieval fee: all costs incurred by the District
(including staff time plus an administrative fee of 15%)
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related to the retrieval of any E-Bike owned or operated by
an E-Bike Share Service; and
(b)
E-Bike impoundment fee: $50 per E-Bike plus $1 per day
for storage. If the E-Bike Share Service fails to retrieve the
E-Bike after 30 days, the District will recycle the E-Bike and
charge any recycling costs incurred.
7.7.9 If the fees imposed under section 7.7.8 exceed the total of the
security for performance, the District is authorized to charge fines
and fees directly to the E-Bike Share Service, to require payment of
an additional security for performance, or to cancel the Permit.
7.8
Electric Vehicle Charging Stations
7.8.1 No person shall park a vehicle in a Metered Parking Space equipped
with an Electric Vehicle Charging Station unless the vehicle is an Electric
Vehicle.
7.8.2 No person shall park an Electric Vehicle in a Metered Parking Space
equipped with an Electric Vehicle Charging Station unless the Electric
Vehicle Charging Station is being used to charge the Electric Vehicle.
7.8.3 The rates payable for use of an Electric Vehicle Charging Station
and a Metered Parking Space are as specified in the Fees and Charges
Bylaw.
7.8.4 Payment for use of a Metered Parking Space shall be made through
the designated smartphone application.
7.8.5 Payment for use of an Electric Vehicle Charging Station shall be
made by the owner, operator, or driver of a vehicle immediately after the
vehicle enters the Metered Parking Space.
7.9
Exemptions
7.9.1 The provisions of sections 7.1 to 7.8 do not apply to a fire or
emergency vehicle.
7.9.2 The provisions of sections 7.1 to 7.8 do not apply to:
(a)
utility, service or construction vehicles of the Province or
District;
(b)
utility, service or construction vehicles of a public utility
corporation;
(c)
residential moving vehicles;
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(d)
wrecking vehicles;
(e)
vehicles in respect of which exemption permits have been
issued under this Bylaw;
while actively and visibly engaged in work requiring the vehicle to
be parked in contravention of this section, or to be parked on a
standby basis for the purpose of responding to an emergency.
7.9.3 Despite subsections 7.9.1 and 7.9.2, a fire or emergency vehicle, a
utility, service or construction vehicle, residential moving vehicle or
wrecking vehicle is not exempt from due and proper care for the
safety of other traffic.
7.10 Transportation Network Services
7.10.1 The Municipal Engineer may establish and designate geo-fenced
areas and regulate and control the operation of Transportation
Network Services within any geo-fenced area, including the
regulation or prohibition of stopping and loading by any
Transportation Network Services provider within a geo-fenced area.
Part 8
General Regulations
8.1
Enforcement Officers
8.1.1 Every Enforcement Officer is authorized to do all things necessary
to control traffic pursuant to this Bylaw and to ensure that the
requirements of this Bylaw are being carried out.
8.1.2 Every Enforcement Officer is authorized to direct traffic as the
Enforcement Officers considers necessary:
(a)
to ensure the orderly movement of traffic;
(b)
prevent injury or damage to persons or property;
(c)
permit proper action in any emergency.
8.1.3 No person may refuse to comply with the lawful direction of any
Enforcement Officer.
8.1.4 No person may hinder, delay or obstruct in any manner, directly or
indirectly, an Enforcement Officer carrying out duties in accordance
with this Bylaw.
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8.2
Fire Vehicles and Fire Equipment
8.2.1 An operator of a vehicle, other than that of a fire or emergency
vehicle must not:
(a)
follow closer than 150 metres to a fire vehicle actively and
visibly responding to a fire or emergency; or
(b)
drive a vehicle over any fire equipment including fire hoses
which may be placed on a highway or lane for fire fighting
purposes.
8.3
Speed Limits and Speed Zones
8.3.1 The Engineer may by order establish school, playground and park
speed zones and order the placing of traffic control devices to
indicate such zones.
8.3.2 Every person operating a vehicle between the hours of 8.00 a.m.
and 5.00 p.m. on any school day, on a highway where traffic control
devices are displayed stating a speed limit of 30 kilometres per
hour, must drive at a rate of speed not exceeding 30 kilometres per
hour and passing the school to which the signs relate.
8.3.3 Every person operating a vehicle between dawn and dusk on any
day, on a highway where traffic control devices are displayed
stating a speed limit of 30 kilometres per hour, must drive at a rate
of speed not exceeding 30 kilometres per hour while approaching
and passing a public playground or public park to which the signs
relate.
8.3.4 If a sign has been erected or placed on a highway limiting the rate
of speed of vehicles driven or operated on that highway or portion
of highway, a person must not drive or operate a vehicle on that
portion of the highway at a greater rate of speed than that indicated
on the sign.
8.3.5 No person shall drive or operate a motor vehicle on a lane or
portion or a lane at a greater rate of speed than twenty (20)
kilometres per hour.
8.4
Control of Animals
8.4.1 No person may drive or herd any animal on any highway in the
District, unless the animal is at all times under the control of that
person and does not interfere with vehicular traffic, except an
Enforcement Officer in the discharge of their duty.
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8.4.2 Every person with an animal in their care, custody or control on a
highway must immediately pick-up and remove from the highway all
faeces of the animal deposited on a highway.
8.4.3 No person may ride, drive or lead a horse on any highway between
dusk and dawn.
8.5
Driving over Curbs or Sidewalks
8.5.1 No person may drive a vehicle across a curb or sidewalk, other
than at a sidewalk crossing.
8.6
Vehicle Horns
8.6.1 No person may sound the horn of a vehicle except when necessary
to warn a person or animal of danger.
8.7
Boarding, Blading, Riding, Skating, Skiing and Sleighing on a
Highway
8.7.1 No person may board, blade, ride, skate, ski, sleigh or use any
other like means of conveyance on any highway except on those
roadways designated for such use by the Engineer and in such
cases, only in accordance with a traffic control device.
8.7.2 No person may board, blade, ride, skate, ski, sleigh or use any
other like means of conveyance on any highway designated for
such use by the Engineer unless that person is properly wearing a
helmet as defined in subsection 8.19.1.
8.7.3 No person may board, blade, ride, skate, ski, sleigh or use any
other like means of conveyance on any highway designated for
such use by the Engineer except as near to the right side of the
roadway as practicable and in such a manner as not to pose a
hazard to traffic.
8.7.4 No person may board, blade, ride, skate, ski, sleigh or use any
other like means of conveyance on any highway designated for
such use by the Engineer except between dawn and dusk.
8.7.5 No person may board, blade, ride, skate, ski, sleigh or use any
other like means of conveyance on any highway while being towed
by a vehicle, bicycle or animal.
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8.8
Refuse
8.8.1 No person may throw, drop, deposit, leave, or allow to fall from a
vehicle, any bottle, glass, refuse, or any other object or material, on
any public or private property, and any person who has thrown,
dropped, deposited, left or allowed to fall from a vehicle any such
object or material must forthwith remove the same from that public
or private property.
8.8.2 No person may throw, drop, deposit, leave, or allow to fall from their
person, any bottle, glass, refuse, or any other object or material, on
any public or private property, and any person who has thrown,
dropped, deposited, left or allowed to fall from their person any
such object or material must forthwith remove the same from that
public or private property.
8.9
Chattels on a Highway
8.9.1 No person may place or store any object, material, container or
structure on any highway, except as permitted by bylaw.
8.10 Accumulations on a Highway
8.10.1 No person may allow or permit any earth, rock, stone, tree, log,
stump or other material to cave, fall, crumble, slide, accumulate or
to be otherwise deposited on any highway, except as permitted by
District bylaw.
8.11 Defacing and Damaging a Highway
8.11.1 No person may mark, imprint or otherwise deface any highway or
portion thereof including roadways, lanes and sidewalks.
8.11.2 No person may place on any highway any advertising device or
characters in any manner whatsoever, except with the written
permission of the Engineer.
8.11.3 No person, other than a duly authorized person or employee of the
District, shall dig up in any manner, damage, or destroy any
boulevard, trees, shrubs, plants, bushes or hedges in or adjacent to
any highway or fences or anything erected or maintained adjacent
to a highway.
8.12 Selling on a Highway
8.12.1 No person may use or occupy a highway for the purpose of selling or
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displaying any goods or services, including without limitation, flowers, fruit,
vegetables, seafood, commodities, articles, car cleaning, or other things,
except under a permit issued under this Bylaw or under a highway licence
agreement issued under this Bylaw.
8.12.2 Despite subsection 8.12.1 coffee trucks are permitted to use or occupy
portions of a highway directly adjacent to a construction site subject to the
following conditions:
(a)
The coffee truck being parked in a safe manner complying with all
relevant sections of this bylaw;
(b)
The coffee truck being parked adjacent to a construction site where
a valid building/construction permit is in place;
(c)
The coffee truck is parked at the same construction site for a period
not exceeding thirty (30) minutes in any three (3) hour period within
the same twenty-four (24) hour period;
(d)
The coffee truck may not be parked within 100 metres of any
business premises offering for sale the same or similar items or
products;
(e)
All required approvals from the Vancouver Coastal Health Authority
relating to the coffee truck and the operator are in place and in full
affect;
(f)
All insurance requirements of the District have been met and are
maintained;
8.13 Funerals and Processions
8.13.1 Funeral processions must be identified as such by each vehicle
therein having its headlights illuminated or by the display of a
pennant or other identifying insignia.
8.13.2 No driver of a vehicle may drive between the vehicles comprising a
funeral or authorized procession while it is in motion, except at
intersections where traffic is being controlled by a traffic control
device or an Enforcement Officer.
8.13.3 No pedestrians or driver of a vehicle may interfere with an
authorized procession in progress, except to comply with a traffic
control device or the directions of an Enforcement Officer.
8.13.4 No person may take part in any procession, unless a highway use
permit for that procession has been issued by the Engineer. The
Engineer may issue a permit for a procession upon application and
payment of a fee as set out in Schedule A.
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8.14 Removal of Snow, Ice and Debris from Sidewalk
8.14.1 The owner or occupier of real property must remove any
accumulation of snow or ice from the sidewalks and footpaths
bordering the real property within 24 hours after the cessation of
any snowfall that caused any accumulation of snow or ice on any
sidewalk, or prior to the depth of snow accumulation exceeding ten
centimetres.
8.14.2 The owner or occupier of real property must immediately remove all
debris from any sidewalk bordering the real property.
8.15 Spills on a Highway
8.15.1 No person may cause or permit any substance or material to blow,
drop, spill, fall, flow or drift from adjacent land, or from a vehicle, on
a highway. If any substance or material is deposited on a highway
contrary to this section, the owner or occupier of the vehicle from
which the material was derived, as the case may be, must take
such immediate steps as may be necessary to remove the material
from the highway, and to clean the highway and repair any damage
caused to the highway, at that person's sole cost and expense.
8.16 Heavy Vehicles
8.16.1 The Engineer may designate any highway as a heavy vehicle route
or prohibit heavy vehicles from any highway by the placement or
erection of the appropriate traffic control devices.
8.16.2 The Council may prohibit heavy vehicles from any highway, or any
part of any highway, by designating the highway in Schedule B of
this Bylaw as a highway where heavy vehicles are prohibited.
8.16.3 No driver or owner of a heavy vehicle may cause or allow the
vehicle to be operated on a highway contrary to a traffic control
device indicating that the highway is designated as a highway
where vehicles are prohibited.
8.16.4 No driver or owner of a heavy vehicle may cause or allow the
vehicle to be operated on a highway designated by the Council
pursuant to Schedule B of this Bylaw as a highway where heavy
vehicles are prohibited.
8.16.5 Prior to the issuing of a building permit under the District's Building
Regulation Bylaw, projects that require the service of heavy
vehicles must at all times post on the parcel a "Heavy Vehicle
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Prohibited Downhill" sign in the form and with the content as
prescribed in Schedule C. Building Department will issue the sign
to the owner after the payment of fee as set out in Schedule A has
been received.
8.16.6 No driver or owner of a heavy vehicle may cause or allow the
vehicle to be parked on a highway between the hours of 12:00 a.m.
and 6:00 a.m., unless parked pursuant to a permit issued by the
Engineer.
8.17 Loitering and Gathering on a Highway
8.17.1 No persons may stand, or loiter or gather on a highway in such a
manner as to obstruct, impede or interfere with the free passage of
pedestrians or vehicles.
8.17.2 No persons may do anything which would cause persons to stand,
or loiter or gather on a highway in such a manner as to obstruct,
impede or interfere with free passage of pedestrians or vehicles.
8.18 Traffic Notices
8.18.1 No person other than the owner or driver of a vehicle may remove
any notice placed or affixed on it by an Enforcement Officer in the
course of their duty and no person may deliberately erase a chalk
mark from a tire marked by an Enforcement Officer or remove any
other object or device used by them in the course of their duty.
8.18.2 No person may cause or permit a vehicle to move from one location
to another in the same block to avoid the time limit regulations
specified in that particular block.
8.19 Helmet
8.19.1 Where a "helmet" is referred to in this Bylaw, it means a protective
device intended to be worn on the head that must:
(a)
have a smooth, rigid and durable outer surface;
(b)
be constructed so the helmet is capable of absorbing energy
on impact;
(c)
be strongly attached to a strap designed to be fastened
under the chin of the person wearing it; and
(d)
be undamaged from use or misuse.
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8.20 Public Decency
8.20.1 No person may:
(a)
expectorate or spit on any highway;
(b)
urinate on any highway;
(c)
defecate on any highway.
8.21 Traffic Control Person
8.21.1 Every certified Traffic Control Person is authorized to direct traffic
on a highway pursuant to a traffic control plan as approved by the
Engineer.
8.22 Traffic Control Person Required
8.22.1 Every owner or operator of a commercial vehicle having a licensed
gross vehicle weight of greater than 10,000 kilograms:
(a)
that is entering or exiting a construction site from a highway;
or
(b)
that is engaged in loading or unloading while located on a
highway;
must ensure that there is at least one certified traffic control person
present to ensure the safety of the vehicle and the public.
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8.23 Neighbourhood Zero Emission Vehicle
8.23.1 A person may drive or operate a neighbourhood zero emission
vehicle within the District on a highway or class of highway that has
a speed limit of 50 kilometres per hour or less if authorized by the
Engineer.
8.23.2 A person who drives or operates a neighbourhood zero emission
vehicle as authorized by the Engineer must obtain a permit as proof
of authorization by the Engineer. The Engineer may prescribe the
circumstances under which a permit will be issued, the form of a
permit and the terms and conditions of a permit.
8.23.3 A person who drives or operates a neighbourhood zero emission
vehicle as authorized by the Engineer may, at an intersection, cross
a highway that has a speed limit that is not greater than 80
kilometres per hour to enable the person to continue on a highway
on which the person is authorized to drive or operate a
neighbourhood zero emission vehicle.
8.23.4 A person commits an offence who operates a neighbourhood zero
emission vehicle is in contravention of this section.
Part 9
Highway Use Regulations
.
9.1
Advertising on a Highway
9.1.1 No person may operate or stand or park on any highway any
vehicle for the sole or primary purpose of displaying advertising
except with written permission of Council.
9.1.2 No person may drive, operate, stand or park any sound
broadcasting vehicle on any highway except with written permission
of Council.
9.1.3 No person may carry any advertising device on or along any
highway except with written permission of Council.
9.1.4 No person may give or cause to be given to any other person in or
upon any highway, any handbill, dodger, circular or other
advertising matter or thing of such nature or character.
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9.1.5 Except as may otherwise be authorized by bylaw or with a permit,
no person shall place or cause to be placed in, upon or over any
highway within the District, whether open to the use of the public or
not:
(a)
any sign as defined by the District's regulation;
(b)
any other sign not so defined;
(c)
any device, which communicates written or printed
information without first having obtained a permit.
9.1.6 Any sign erected in contravention of subsection 9.2.5 may be
removed by the Engineer or such other person or persons as may
be duly authorized from time to time by the Engineer.
Part 10
Vehicle Weights, Loads, Dimensions
10.1 Applications and Definitions
10.1.1 This section applies to all vehicles using any highway in the
municipality excepting only arterial highways within the meaning of
section 31 of the Highway Act.
10.2 Size and Weight Restrictions
10.2.1 Except as authorized by an order of Council under the Motor
Vehicle Act, or the Engineer under this Bylaw, as applicable, no
person may drive or operate on a highway a vehicle or combination
of vehicles exceeding the limits of dimensions, weights and loads,
drive axles, horsepower, or other limits prescribed in the
Commercial Transport Act and the regulations, both as amended
from time to time.
10.2.2 Despite any of the provisions of these regulations, or of a permit
issued pursuant to these regulations, the maximum height, length
or width of a vehicle or load allowable on a highway, or portion of a
highway that is expressly limited as to maximum height, length or
width of a vehicle or load by a sign erected by the Engineer, must
be that as set out in that sign.
10.2.3 Unless expressly permitted by the conditions of a permit, no person
may drive or operate an oversize vehicle or load on a Sunday or
general holiday.
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10.2.4 Despite any of the provisions of these regulations, no person may,
without a permit issued pursuant to this section, drive or operate
over a bridge a vehicle or combination of vehicles having a licensed
gross vehicle weight on any axle or group of axles or a licensed
gross vehicle weight in excess of any load limit imposed by the
Engineer on that bridge.
10.2.5 Despite any of the provisions of these regulations, and without
limiting the generality of section 10.2.1, no person may, without a
permit issued pursuant to this section, drive or operate, or permit to
be driven or operated, a vehicle that exceeds the licenced gross
vehicle weight of that vehicle by:
(a)
0 - 100 kilograms;
(b)
101 - 200 kilograms;
(c)
201 - 300 kilograms; or
(d)
301 kilograms or more.
10.3 Sundry Requirements
10.3.1 No person may, without a permit issued by the Engineer pursuant
to this Bylaw, operate or permit operation on any highway:
(a)
a combination of vehicles consisting of more than two
vehicles;
(b)
a vehicle, other than a horse-drawn vehicle, the wheels of
which are not equipped with pneumatic tires in good order;
(c)
a vehicle equipped with solid tires, the thickness of which
between the rim of the wheel and the surface of the highway
is less than three centimetres;
(d)
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 of traction surface of the wheel,
tread or track provided that such vehicle may be driven or
operated on a highway not having a cement-concrete,
asphalt-concrete, bituminous-treated, or other stabilized or
wooden surface;
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(e)
a vehicle unless it is so constructed or loaded as to prevent
any of its load from dropping, shifting or leaking, except that
for the purpose of securing traction, or water or other
substance may be sprinkled on a roadway or water may be
exuded when employed as a brake coolant;
(f)
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 highway;
(g)
a solid-rubber-tired vehicle at a greater rate of speed than 15
kilometres per hour;
(h)
an unloaded vehicle and pole trailer at a greater rate of
speed than 25 kilometres per hour unless the pole trailer is
carried on the towing vehicle;
(i)
without limiting the generality of paragraph (f), a loaded
commercial vehicle without 2 tie downs securing the first
3.04 m of the load, and a tie down securing every 3.04 m
thereafter;
(j)
without limiting the generality of paragraph (f), a vehicle
transporting a portable container containing hazardous
materials including but not limited to gasoline, diesel,
propane or natural gas unless the portable container is
fastened to the vehicle in a secure manner; or
(k)
a vehicle unless that vehicle is properly maintained and
equipped pursuant to Division 7 of the Motor Vehicle Act
Regulations as amended from time to time.
10.4 Weighing and Inspection of Vehicles
10.4.1 The driver of a vehicle on any highway, when so required by an
Enforcement Officer must:
(a)
stop the vehicle at the time and place specified by such
Enforcement Officer or other authorized person for the
purpose of weighing the whole or part thereof by means of
stationary or portable scales measuring the dimensions of
the vehicle and load, measuring and inspecting the tires
thereon, inspecting the load carried, or for any other purpose
under this section;
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(b)
drive the vehicle to the nearest public or Department of
Commercial Transport stationary or portable scales for the
purpose of weighing the vehicle and load; and
(c)
re-arrange the load upon the vehicle or remove the whole or
part of the load from the vehicle in order to comply with the
regulations of this section, before continuing to drive or
operate the vehicle.
10.4.2 The driver of a vehicle on a highway, when directed by a traffic sign
on the highway to drive over scales, must drive the vehicle to the
scales for the purpose of having an axle or group of axles weighed,
having tires measured, or having the load inspected for any other
purpose under this section.
10.4.3 The gross vehicle weight of a vehicle or combination of vehicles
shall be the sum of the single gross axle weights.
10.5 Display of Weights and Dimensions
10.5.1 Every vehicle, other than private passenger vehicles and licenced
commercial vehicles not exceeding 2,700 kilograms LGVW
(licensed gross vehicle weight) including vehicle and load, shall
have clearly marked in a conspicuous position on the vehicle,
particulars showing the overall length of the vehicle exclusive of
tailgate, the tare weight of the vehicle and the name of the
registered owner of the vehicle or the name of the registered owner
of the vehicle or the name of the company which owns such vehicle
where applicable.
10.6 Evidence of Weight of Vehicle or Load
10.6.1 On the prosecution of any person charged with a violation of the
provisions of this Bylaw in operating or using on any highway a
vehicle the weight of which or the weight of the load carried on
which is in excess of the weight prescribed by the said provisions, it
is sufficient prima facie evidence for any credible witness to state
on oath that, to the best of his judgment and opinion, the weight of
the vehicle in question or of the load carried at the time of the
alleged violation was in excess of the weight so prescribed; and on
that evidence being given the person charged may be convicted,
unless he proves that the weight of the vehicle or load, as the case
may be, was not in excess of the weight prescribed.
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Part 11
Pedestrian and Cycle Regulations
11.1 Pedestrians
11.1.1 Pedestrians must only use crosswalks when crossing Marine Drive
between Taylor Way and 13th Street.
11.1.2 No person may be on a highway to solicit a ride, employment, or
business from an occupant of a vehicle.
11.1.3 On the approach of an emergency vehicle when a pedestrian is on
a roadway, the pedestrian must immediately proceed or return to
the nearest sidewalk or boulevard and remain there until that
vehicle has passed or stopped.
11.1.4 No person may form a part of a group of persons congregated on a
highway in such manner as to obstruct the free passage of
pedestrians or vehicles, except as authorized by a highway use
permit for processions.
11.1.5 No person may do anything which causes persons to congregate in
a group upon any highway in such a manner as to unreasonably
obstruct the free passage of pedestrians or vehicles, or in such a
manner that the persons so congregated might be in danger of
injury from traffic.
11.1.6 No person may engage in any sport, amusement, exercise or
occupation on any highway in a manner that is likely to interfere
with or obstruct traffic.
11.1.7 No person may stand or loiter on any highway in such a manner as
to obstruct or impede or interfere with pedestrian or vehicle traffic.
11.2 Cyclists
11.2.1 A person operating a cycle must:
(a)
not ride upon the sidewalk of any highway or bridge or upon
any pedestrian path in any public park, unless otherwise
directed by a traffic control device;
(b)
not, for the purpose of crossing a highway, ride on a marked
crosswalk unless otherwise directed by a traffic control
device;
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(c)
not leave a cycle on a sidewalk so as to interfere with or
obstruct the flow of pedestrian traffic;
(d)
park such cycles on racks or stands placed on the highway
for that purpose, and shall not park a cycle other than on the
rack or stand in areas where such rack or stand is located;
and
(e)
not ride a cycle on a highway where a traffic control device
prohibits the use.
11.2.2 In addition to the duties imposed by this section, a person operating
a cycle on a highway must do so in accordance with Section 183 of
the Motor Vehicle Act.
Part 12
Impoundment
12.1 Removal from a Highway or Public Place
12.1.1 Any vehicle, vessel or other chattel, structure or thing that is
standing, parked, placed, left, moored or abandoned contrary to
any provision of this Bylaw or that is otherwise unlawfully occupying
a portion of a highway or public place may be seized by the
Enforcement Officer, the Engineer, or any agent or other person
acting in accordance with the directions of either of them.
12.1.2 Any vehicle, vessel or other chattel, structure or thing seized
pursuant to section 12.1.1 of this Bylaw may be removed, detained,
impounded and/or otherwise secured or held as determined by the
Enforcement Officer, the Engineer or any other person authorized
by the District, in his or her sole discretion.
12.1.3 Any vehicle, vessel or other chattel, structure or thing seized
pursuant to this Bylaw may be recovered by the owner between the
hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, except
holidays, by paying to the District or its authorized agent the fee
prescribed in Schedule 5 to the Fees and Charges Bylaw No. 4414,
2005, as amended, and if the vehicle, vessel or other chattel,
structure or thing was not physically removed from the highway or
public place by the District under section 12.1.1 of this Bylaw, by
paying the fee prescribed in Schedule 5 to the Fees and Charges
Bylaw No. 4414, 2005, as amended, and by removing the vehicle,
vessel or other chattel, structure or thing from the highway or public
place.
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12.2 Sale
12.2.1 Subject to the Community Charter, if a vehicle, vessel or other
chattel, structure or thing is seized pursuant to this Bylaw and not
recovered by its owner as set forth herein within 30 days following
the date of seizure, the vehicle, vessel or other chattel, structure or
thing may be sold by the Enforcement Officer or Engineer.
12.2.2 Despite any other provision of this Bylaw, if an item seized pursuant
to section 12.1.1 is perishable, or has no market value or only
nominal market value, the Manager of Purchasing may dispose of
such item in any manner that he or she deems expedient.
12.2.3 Before selling a vehicle, vessel or other chattel, structure or thing at
public auction under this section, the District must advertise the
time and place of the proposed public auction in a newspaper
circulating in the District, giving at least seven days notice of such
proposed sale, and shall, in cases where a vehicle is intended to be
sold and such vehicle is registered with the Registrar of Motor
Vehicles, send written notice to the registered owner of the vehicle
at the address shown on the records of the Registrar of Motor
Vehicles, advising of the seizure, the sum payable to release the
vehicle, and the date of proposed sale by public auction, if
unclaimed.
12.2.4 The proceeds of sale by public auction must be applied first to the
cost of the sale, second to the fees, cost and expenses of the
District and/or its contractor involved in seizure, removal and/or
storage, and the balance shall be held for the owner. If the balance
remains unclaimed at the end of one year from the date of sale,
such balance must be paid into the general revenue of the District.
12.2.5 No person shall prevent or attempt to prevent or interfere with the
seizure, removal, detaining or impounding of any vehicle, vessel,
chattel, structure or thing by the District under this section.
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Part 13
Commercial Vehicle Decals and Licences
13.1 The District is hereby declared to be a participating municipality with
respect to the licencing of commercial vehicles and the provisions of
Division 3 of Part 20 of the Act apply.
13.2 No commercial vehicle shall be used or operated on any highway in the
municipality unless there is displayed upon the commercial vehicle a valid
decal issued for the commercial vehicle in accordance with Division 3 of
Part 20 of the Act and with this Bylaw.
13.3 The owner of every commercial vehicle shall, before it is used or operated
on any highway in the municipality, cause the vehicle to be licenced or
registered with the Licence Inspector and a decal obtained pursuant to the
Act and this Bylaw.
13.4 The application for a licence and decal shall be in a form provided by the
Licence Inspector and shall be signed by the owner or his duly authorized
agent.
13.5 The applicant must submit the form, together with the registration card for
the vehicle and any payment of a fee as set out in Schedule 5 of the Fees
and Charges Bylaw No. 4414, 2005, to the Licence Inspector.
13.6 All fees collected by the Licence Inspector under this Bylaw and in
accordance with Division 3 of Part 20 of the Act shall be paid forthwith to
the Director of Finance of the municipality who shall deal with the said
fees in the manner provided by the Act.
13.7 Upon receipt of the application for a licence and upon being satisfied that
the prescribed fee as set out in Schedule A has been paid, the Licence
Inspector shall issue a decal and endorse on the registration card:
13.7.1 the number of the decal;
13.7.2 the date of issuance; and
13.7.3 the fee paid.
13.8 Where a person ceases to own a vehicle licenced and authorized to carry
a decal, the registration and the decal for that vehicle, is deemed to be
cancelled and the new owner shall apply to the Licence Inspector for the
transfer of the decal.
13.9 Where a vehicle's decal is lost, stolen, destroyed or becomes illegible or
mutilated, the owner of the vehicle, or his agent, may apply to the Licence
Inspector for a replacement decal for the fee set out in Schedule 5 of the
Fees and Charges Bylaw No. 4414, 2005.
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Part 14
Offence and Penalty
14.1 Every person who violates a provision of this Bylaw, or who consents,
allows or permits an act or thing to be done in violation of a provision of
this Bylaw, or who neglects to or refrains from doing anything required to
be done by a provision of this Bylaw, is guilty of an offence and is liable to
the penalties imposed under this Bylaw, and is guilty of a separate offence
each day that a violation continues to exist.
14.2 Every person who contravenes any of the provisions of this bylaw commits
an offence punishable upon summary conviction and is liable to a fine of
not more than $10,000.00, or to imprisonment for not more than six
months, or to both. Each day that an offence continues shall constitute a
separate offence.
14.3 If a driver has parked a vehicle in a parking stall in violation of the
provisions of this Bylaw, a separate offence shall be deemed to be
committed upon the expiry of each additional period of time equivalent to
the amount of time that the vehicle could have been lawfully parked as
indicated by a traffic control device or Parking Meter.
14.4 In addition to the remedies, penalties, and fines specified within this
Bylaw, a person found in contravention of this Bylaw may be subject to
penalties under the Bylaw Notice Enforcement Bylaw and Municipal Ticket
Information System Implementation Bylaw.
Schedules
Schedule A - Schedule of Permit Fees
Schedule B - Schedule of Heavy Vehicle Restricted Routes
Schedule C - Heavy Vehicle Sign
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READ A FIRST TIME on April 19, 2004
READ A SECOND TIME on April 19, 2004
READ A THIRD TIME on April 19, 2004
ADOPTED by the Council on April 26, 2004
______________________________
Mayor
______________________________
Municipal Clerk
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Schedule A to Traffic and Parking Bylaw No. 4370, 2004
(Updated by Traffic and Parking Bylaw No. 4370, 2004,
Amendment Bylaw No. 4702, 2011)
Schedule of Permit Fees
Description
Section
Fee
Permit for recreational vehicle, trailer or boat
7.2.3
$100.00
Permit for residential parking
7.5.3
$10.00
Permit for guest parking
7.5.4
$10.00
Temporary No Parking Zones and Permits
7.6.1
$10.00
Permit for procession
8.13.4
$100.00
Removal of vehicles, chattel or structures fee
12.1.3
$100.00
Heavy Vehicles Prohibited Downhill Sign
8.16.5
$125.00
Commercial decal
13.5
$100.00
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Schedule B to Traffic and Parking Bylaw No. 4370, 2004
(Updated by Traffic and Parking Bylaw No. 4370, 2004, Amendment Bylaw
No. 4535, 2008)
Schedule of Heavy Vehicle Prohibited Highways
This table lists the routes that are designated such that travel by heavy vehicles
is not permitted in the directions noted.
Route
11th Street southbound between Mathers Avenue and Marine Drive
12th Street southbound between Lawson Avenue and Marine Drive
13th Street southbound between Mathers Avenue and Duchess Avenue
14th Street southbound between Mathers Avenue and Fulton Avenue
15th Street southbound between Upper Levels Highway and Fulton Avenue
16th Street southbound between Inglewood Avenue and Fulton Avenue
17th Street southbound between Queens Avenue and Ottawa Avenue
17th Street southbound between Inglewood Avenue and Fulton Avenue
19th Street southbound between Queens Avenue and Palmerston Avenue
20th Street southbound between Mathers Avenue and Fulton Avenue
21st Street southbound between Upper Levels Highway and Fulton Avenue
22nd Street southbound between Upper Levels Highway and Marine Drive
23rd Street southbound between Ottawa Avenue and Marine Drive
24th Street southbound between Palmerston Avenue and Haywood Avenue
25th Street southbound between Palmerston Avenue and Haywood Avenue
26th Street southbound between Queens Avenue and Haywood Avenue
27th Street southbound between Queens Avenue and Haywood Avenue
29th Street southbound between Rosebery Avenue and Marine Drive
30th Street southbound between Rosebery Avenue and Marine Drive
31st Street southbound between Mathers Avenue and Marine Drive
Anderson Crescent (700 Block) westbound
Bayridge Avenue eastbound between Ripple Road and Sharon Drive
Bayridge Avenue southbound between Southridge Avenue and Sharon Drive
Burkehill Road southbound between Ripple Place and Rose Crescent
Caulfield Drive eastbound between Pinetree Crescent and Willow Creek
Eagleridge Drive southbound
Headland Drive southbound between Pinetree Crescent and Keith Road
Highland Drive southbound
Inglewood Avenue (700 Block) westbound
Keith Road (700 Block) westbound
Keith Road southbound between Willow Creek Road and Marine Drive
Nelson Avenue northbound between Marine Drive and Chatham Street (Bylaw
4535, 2008)
Orchard Way southbound south of Queens Avenue
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Queens Avenue westbound west of 26th
Ripple Road southbound between Westridge Avenue and Bayridge Avenue
Ripple Place southbound between Ripple Road and Burkehill Road
Rockridge Road southbound
Rutland Road southbound
Sharon Drive southbound
Sinclair Street southbound between Inglewood Avenue and Fulton Avenue
Thompson Crescent southbound between Westmount Road and Mathers Avenue
Westmount Road eastbound
Westport Road northbound between Westwood Drive and Marine Drive
Willow Creek Road southbound
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Schedule C to Traffic and Parking Bylaw No. 4370, 2004
(Updated by Traffic and Parking Bylaw No. 4370, 2004,
Amendment Bylaw No. 4702, 2011)
Heavy Vehicle Prohibited Downhill Sign
The sign must be at least 1200mm wide by 1200mm high and must contain the
following symbols and wording: