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## THE TOWN OF GILLAM BY-LAW NUMBER 665.2004
## BEING A BY-LAW OF THE TOWN OF GILLAM FOR REGULATION OF TRAFFIC
MADE UNDER THE PROVISIONS OF THE HIGHWAYS TRAFFIC ACT, S.M. CAP.H 60 AND THE PROVISIONS OF THE MUNICIPAL ACT, S.M. CAP. M225
THE Council of the Town of Gillam, duly assembled, enacts as follows:
1. SHORT TITLE This by-law may be referred to as the "Town of Gillam Traffic By-Law".
## 2. INTERPRETATION
- (a) "CAO" means the Chief Administrative Officer of the Town of Gillam.
IN this by-law, the following definitions shall apply:
- (b) "Crosswalk" means:
- that part of a highway distinctly indicated for pedestrian crossing by a traffic control device or by lines or other markings on the surface thereof;
- (c) "Derelict Vehicle" means an object that is not a new and unused vehicle, and if
- it is not in operating condition;
- this Dept in the open and the owner thereof either
- it does not have attached thereto, and exposed thereon, one or more number plates issued under the Highway Traffic Act for the current registration year under that Act;
- (b) is keeping it primarily for the purposes of salvaging or selling parts there from, or for the eventual sale thereof as scrap metal.
and a derelict vehicle also includes the body or chassis of a used motor vehicle all or some of the parts of which have been removed, and to which clauses under the derelict vehicle apply.
- "Driver" means a person who drives or is in actual physical control of a vehicle and the expressions "Drive" and "Driving" have a corresponding
- (e) "Emergency Vehicle" means a vehicle used:
- for police duty; or
- by a fire department; or
- as an ambulance; or
- a motor vehicle carrying rescue or first aid equipment in an urgent emergency; or
- for purposes related to maintenance of a public utility and designated as an emergency vehicle by a traffic authority.
- (g) "Lane" means a highway twenty (20) feet or less in width;
- (f) "Highway" means any place or way, including structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles, with or without fee or charge therefore, and includes all the space between the boundary lines thereof, but does not include any area designated or intended, and primarily used, for the parking of vehicles and the necessary passage ways thereon;
- (h) "Owner" means any person in possession of a motor vehicle under a contract providing that the ownership, title, and property therein is to vest in him at a subsequent time, upon payment of the whole or part of the price or the performance of any other condition, and also includes a person who, having been registered under Section 6 as an owner of a motor vehicle or trailer, the ownership of which has passed from him, has failed to comply with Section 10 in the passing of the ownership thereof;
- any member of the Royal Canadian Mounted Police force and any other police officer, police constable, or other person employed for the preservation and maintenance of the public peace: and
- (i) "Peace Officer" means
- any person lawfully authorized to direct or regulate traffic, or to enforce this Act or traffic by-laws or regulations, by making arrests for violation thereof or otherwise;
- (k) "Pedestrian Control Sign" means a traffic control signal directed at pedestrians;
- (i) "Pedestrian" means a person afoot, or a person in a wheelchair or a child's carriage:
## THE TOWN OF GILLAM BY-LAW NUMBER 665.2004
- (1) "Stand" as applied to a vehicle, whether occupied or not, means
- when required, to cause the vehicle to remain motionless in one place; and
- when prohibited, to cause the vehicle to cease to move, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer of traffic control device; and stopping has a corresponding meaning;
4. (n) "Traffic Control Device" means a sign, signal, light, marking, or device not inconsistent with The Highway Traffic Act, placed or erected by a traffic authority for the purpose of regulating, warning or guiding traffic;
5. (m) "Traffic" includes pedestrians and vehicles, and other conveyances, either singly or together, while using a highway for purposes of travel;
- (0) "Truck" means a motor vehicle or semi-trailer truck, that is constructed or adapted to carry goods, wares, and merchandise, freight or commodities, but not passengers or luggage;
7. (P) "Vehicle" means a device in, upon, or by which a person or thing is or may be transported or drawn upon a highway, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks and includes an implement of husbandry that is not a motor vehicle, and a special mobile machine;
8. 2.1 Notwithstanding the foregoing, any term used in this by-law that is not defined hereafter or hereinbefore shall be taken to have the meaning ascribed to such term in The Highway Traffic Act.
3. APPLICATION OF THE BY-LAW Unless otherwise specified or unless the context otherwise requires, the provisions of this By-Law shall apply to pedestrians and vehicles within the limits of the Town of Gillam.
4. Where there is any conflict between the provisions of this by-law, provisions of The Highway Traffic Act and/or The Municipal Act, as the case may be, shall apply.
5. AUTHORITY OF PEACE OFFICER OR FIRE CHIEF TO CONTROL TRAFFIC Where a Peace Officer or Fire Chief or his designate considers it reasonably necessary, in order
12. to ensure orderly movement of traffic; or
13. to permit proper action in an emergency;
14. to prevent injury or damage to persons or property; or
he may direct or halt traffic, according to his discretion, notwithstanding anything contained in this by-law; and, for that purpose, he may erector place temporary or emergency traffic control devices displaying instructions to persons using the highway.
## 6. COMPLIANCE WITH ORDERS OF PEACE OFFICERS
Every driver of a vehicle that is on a highway, and every pedestrian or other person on a highway shall immediately comply with an order of a Peace Officer, Fire Chief or his designate, requiring him to do so, immediately bring to a stop any vehicle that he is driving or animal that he is riding, and shall not proceed until so directed by the Peace Officer, Fire chief, or his designate.
## EXCEPTIONS TO BY-LAWS
- vehicles of the RCMP while on lawful police busines
The provision of this by-law prohibiting standing and parking shall not apply t
- vehicles of or employed by or involved in work being performed on behalf o he Town of Gillam while in use in connection with work being done on o
- veras ghe Government of Canada or the Government of Manitoba, and of any public utility if such vehicles have the owner's name painted thereo and are actually engaged in works of necessity on or near a highway requiring them to stand or be parked in contravention of any such provisions.
## PLACING AND MAINTENANCE OF TRAFFIC CONTROL DEVICES
## IRAFFIC CONTROL DEVICES
- 1) The C... shall cause to be placed and maintained, all traffic signs authorized by the Town Council or required to make effective the provisions
- (2) A list of the traffic control devices from time to time authorized by the Tou jouncil shall be attached to this by-law as Schedule "A". This schedule ma from time to time, be amended by a resolution of the Town Council.
## THE TOWN OF GILLAM BY-LAW NUMBER 665.2004
## 9. WHERE TRAFFIC CONTROL DEVICE OR ROAD MARKINGS NOT VISIBLE DUE TO ICE AND SNOW
## 10.
reconstruction, repair, widening, marking, snow removal, street cleaning or other work is being carried out, cause to be placed and maintained, or put into operation, such temporary traffic control devices as may be necessary to complete the work or regulate and guide traffic in an orderly manner.
It is not a defense to any prosecution for a violation of this by-law that any Traffic Control Device was obscured or that the lines or markings on the surface of the roadway or curb indicating the existence of a crosswalk or No Parking Zone were not visible at the time of the offence because of the presence of snow or ice or for any other reason not attributable to the negligence of the traffic authority.
- TEMPORARY TRAFFIC CONTROL DEVICES The Town Council or the C.A.O. may, in an emergency or while construction,
The Town of Gillam may, by a Traffic Control Device, designate all or a portion of a highway as a zone in which overtaking and passing is prohibited or a zone limited
11. NO PASSING ZONES to driving on the right-hand side of the highway.
12. ONE-WAY ROADS The Town of Gillam may, by a Traffic Control Device, designate a highway for one-
way traffic and indicate the direction in which traffic thereon shall travel.
## 13. TRAFFIC CONTROL DEVICES TO PROHIBIT STANDING, PARKING, ETC.
- (a) to prohibit the stopping, standing, or parking of vehicles any time or during the hours stated on the traffic control devices, on the highway or any portion
The Town of Gillam, may erect appropriate traffic control devices on any highway
- (b) to limit the time during which the vehicles may be parked on the highway or any portion thereof; and either during the whole or any day or during a part thereof as the Town of Gillam may consider necessary.
## 14. ERECTION OF OTHER TRAFFIC CONTROL DEVICES
The Town of Gillam may erect, on or adjacent to any highway over which it has jurisdiction, such other traffic control devices, in addition to those specifically authorized or required under The Highway Traffic Act, as are necessary or advisable for the control of traffic in a manner required, authorized, or permitted under the said Act, or as are necessary to give effect to this by-law or any resolution or order that the Town of Gillam has power to make.
## 15. ADVERTISING PROHIBITED
No person shall place or maintain commercial advertising upon a traffic control device.
16. COMPLIANCE WITH TRAFFIC CONTROL DEVICES Except when otherwise directed by a Peace Officer, every person shall obey the instructions or directions on, or conveyed by means of, an applicable traffic control device.
## PEDESTRIANS
- COMPLIANCE BY PEDESTRIANS WITH SIGNALS Every Pedestrian shall obey the instructions of a Traffic Control Device placed at an intersection unless directed to do otherwise by a Peace Officer.
18. highway and is so close that he is in danger, the driver of the vehicle shall yield the
## 19. PARKING PROHIBITED
- (a) where it intersects a crosswalk; o
No person shall park a vehicle at the curb or edge of a roadway
- (b) on the approach to any crosswalk or within 15.25 meters thereo
20. USE OF SIDEWALKS REQUIRED Where there is a sidewalk that is reasonably passable on either or both sides of a
highway, a Pedestrian shall not walk on a roadway.
## THE TOWN OF GILLAM BY-LAW NUMBER 665.2004
## 21. KEEPING LEFT AND WALKING TWO ABREAST
- (a) the left-hand edge of the roadway or of the shoulder, as the case may be or;
Any pedestrian proceeding along a highway where no sidewalk is provided or where the sidewalk is not passable, shall walk as closely as is practicable to
- any person who may be walking on his left side; but persons walking on a roadway shall not walk more than two abreast, and any driver approaching and passing a Pedestrian so walking on a highway shall drive as near to the center of the road as he may safely do so and shall pass on the right-hand side of the pedestrian.
## 22. ENFORCEMENT OF COMPLIANCE WITH BY-LAWS BY PEDESTRIANS
- If a Pedestrian refuses or fails to stop and state correctly his name and address so as to prove his identity when so required, the Peace Officer may arrest him without warrant.
## 23.
- (2) While a parade is in motion Pedestrians shall be restricted to the adjoining
- (1) where a Peace Officer has reasonable and probable grounds for believing that a pedestrian has committed or is committing a breach of those provisions of this by-law relating to pedestrian traffic, he may require the pedestrian to stop and there and then to state correctly his name and address, and to prove his identity to the satisfaction of the peace officer.
- (1) No person shall hold, take part in or be a member of a parade unless permission has first been obtained from the Council and the organizers of the parade have advised the R.C.M.P. of the details of the event.
24. DRIVING THROUGH PARADES Unless so directed by a Peace Officer, no person, other than drivers of ambulances traveling in emergencies or police or fire department vehicles, shall drive a vehicle across the route of a parade.
## GENERAL REGULATIONS
## 25. SPEED LIMIT
No person shall drive a vehicle at a rate of speed greater than 50 kilometers per hour within the Town of Gillam unless otherwise directed by a Traffic Control Device but, notwithstanding the foregoing, no person shall drive at a rate of speed in excess of 20 kilometers per hour on any lane in the Town of Gillam.
26. PROHIBITION OF DRIVING ON SIDEWALK OR BOULEVARD Except when entering or leaving a driveway or lane or when entering upon or leaving land adjacent to a highway, no driver shall drive a vehicles upon a sidewalk or boulevard
## LOADING AND UNLOADING ZONES
28. DELIVERIES TO BE MADE IN LANE Where there is a lane to serve a property, all deliveries or collections of commodities to or from stores, restaurants, hotels and commercial buildings shall be made therein.
2. 27 STOPPING IN LOADING ZONES No person shall stop, stand or park a vehicle for any purpose or for any period of time other than for the expeditious loading or unloading of passengers or for the expeditious unloading and delivery or pick-up of materials within or partly within any place marked by traffic signs as a loading zone.
29. VEHICLES BACKED TO CURB No driver of a vehicle shall stop same whether for loading, unloading or other side, perpendicular to the flow of traffic on any highway. Except as otherwise authorized by a Traffic Control Device, no vehicles may be stopped, allowed to stand, or parked, except parallel to the curb and facing the same direction of ongoing traffic.
## 30. WHERE STOPPING, STANDING, PARKING PROHIBITED
by Traffic Control Devices except where necessary to avoid conflict with traffic o
Except where specifically required by other provisions of this By-Law or permitted
to comply with the directions of a peace officer, no person shall stop, stand, or park
- (a) on a sidewalk or boulevard;
a vehicle
- 'b) in front of a driveway;
- (d) within 3 meters of a fire hydrant;
- (c) within an intersection or within 3 meters thereof or such greater distance a may be prescribed by the appropriate traffic authority;
- (e) on a crosswalk;
## THE TOWN OF GILLAM BY-LAW NUMBER 665.2004
- within 3 meters of the approach side of a crosswalk;
- within 10 meters upon the approach to any flashing beacon, stop sign, or traffic control sign situated at the side of a roadway, or within such greater distance there from as may be prescribed by the appropriate traffic authority.
- of the type known as trailer, semi-trailer or semi-trailer truck, a bus, a motor home, a truck or van with a design capacity of more than one tonne on a street for a period of time longer than one hour except where actually loading
- within 30 meters of the nearest rail of a railway crossing, or except in the case of a railway crossing a provincial trunk highway, within such greater or lesser distance there from as may be prescribed by the Town Council.
- () Within 6 meters of a driveway entrance to a fire station, or on the side of a street opposite the entrance to a fire station, or on the side of a street opposite the entrance to a fire station within 30 meters of the entrance when properly marked with signs, or, except in the case of a fire station adjoining or facing a provincial highway, within such greater or lesser distance as may be prescribed by the Council;
- Alongside or opposite a street excavation or obstruction when stopping, standing or parking obstructs traffic;
- On any highway other than parallel with the curb, heading in the direction of vehicular traffic movement, with the curb-side wheels of the vehicle within 45 centimeters of the curb, and a clear space of 1 meter left ahead and behind
- (m) In a lane, except while loading or unloading, and when so parked the driver shall leave available not less than two meters of width of the roadway for the free movement of vehicular traffic;
- Upon a highway for a period longer than 24 hours at any one time;
- At any time on any portion of a street on which the C.A.O. has caused snow removal or street cleaning operations to occur.
- For the principal purpose of washing, greasing or repairing such vehicle, except the immediate repair necessitated by an emergency;
- On the roadway side of a vehicle stopped or parked at the edge or curb of a
- In a place in contravention of a Traffic Control Device that gives notice that stopping, standing, or parking there is prohibited or restricted and in that regard unless the vehicle in question is moved completely through the nearest intersection, it shall be deemed to have remained stationary;
- In such manner that
- it constitutes a hazard on the highway; or
- it is parked in contravention of any provision of The Highway Traffic Act or this by-law
- (t) upon a street in such manner as to leave available less than 2 meters of the width of the roadway for free movement of traffic;
31. For the purpose of enforcing this by-law, the regulations of the Town of Gillam respecting parked vehicles;
- a Peace Officer may make or place a mark upon a vehicle which is parked on
- (b) no person shall remove, alter, obliterate or deface a mark made or placed upon a vehicle by a Peace Officer as provided in (a) until the vehicle thereafter has been lawfully reparked
## 32. HANDICAPPED PARKING TIME LIMITS
- (a) Notwithstanding any Traffic Control Device in the Town of Gillam setting out a time limit for parking, where any vehicle otherwise lawfully parked displays a Handicapped Parking Permit issued by the Department of Highways of the Province of Manitoba, the time that such vehicle shall be entitled to remair parked or standing shall be double that displayed on the Traffic Control
- (b) The C.A.O. shall maintain the appropriate proportions of Handicapped Parking spaces as is mandated by The Highway Traffic Act and regulations thereto from time to time.
## UNAUTHORIZED PARKING ON PRIVATE PROPERTY
## 33. PARKING ON PRIVATE PROPERTY RESTRICTED
- a) on private property on which there is erected and maintained a sign indicatir hat the parking of vehicles thereon is prohibite
No person shall park or leave a vehicle;
34.
## 39.
## THE TOWN OF GILLAM BY-LAW NUMBER 665.2004
- without the permission of the owner, occupant, or the person in charge or control of the property, on private property on which there is erected and maintained a sign indicating that unauthorized parking of vehicles thereon is prohibited. (c) without permission of the owner, occupant, or other person in charge or control of the property, on private property on which there is erected and maintained the sign indicating that unauthorized parking of vehicles thereon is prohibited or restricted to the period specified in the sign in contravention of the prohibition or restriction listed on the sign.
## PRIVATE PROPERTY OWNER TO ERECT SIGNS
- that parking of vehicles thereon is prohibited; or
Any owner, occupant, or person in charge or control of private property who wishes to take advantage of paragraph 33 of this by-law for the purpose of preventing persons, or unauthorized persons, from parking or leaving vehicles on the property shall erect and maintain their own clear and legible sign in the form approved by the C.A.O. indicating;
- that unauthorized parking of vehicles is prohibited; or
- (c) that unauthorized parking during specific periods is prohibited.
## 35. LAYING OF INFORMATION OR COMPLAINT
The owner, tenant, occupant, or person in charge or control of private property or a Peace Officer, if personally satisfied that any person is violating the prohibition set forth in section 33 of this by-law may lay an information and complaint against the owner or driver of the vehicle or may report to a Peace Officer of the Town of Gillam the license number and location of the illegally parked vehicle. Any person making such report shall do so in person, and give his/her own name and address. On such report being received, the Peace Officer may investigate and lay a complaint against the owner or driver.
## 36. IMPOUNDING A VEHICLE
On receipt of a complaint of an infraction of the provisions of Section 33, any Peace Officer may authorize the removal of the violating vehicle by a garage keeper and the garage keeper shall remove and shall impound the vehicle until the garage keeper's charges for removal and storage have been paid by the owner of
## 37. CHARGES CREATE A LIEN IN FAVOUR OF GARAGE KEEPER
The costs and charges incurred in towing, removing, impounding and storing of a vehicle removed under this by-law are a debt owed by the owner of the vehicle, and create a lien in favour of the person towing, removing, impounding, or storing the vehicle to the same extent, and in the same manner, as if the debt were incurred under the Garage Keepers Act.
## 38. LIABILITY OF OWNER AND DRIVER
The owner of such vehicle in addition to the driver, shall be liable for the penalty resulting from an infraction of section 33 of this by-law unless at the time of the violation the vehicle was in possession of a person other than the owner or chauffeur without the consent of the owner.
## UNLAWFULLY PARKED VEHICLE
Move a Peace cer neu.. as reasonable and probable cause for
## 40. COSTS OF MOVING AND STORAGE
The cost and charges incurred in moving or storing a vehicle or both, under 39 is a lien on the vehicle that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle at the request of the Peace Officer or the C.A.O.
## 41. WHERE SECTION NOT APPLICABLE
ection 39 does not apply in the case of a vehicle so disabled while on a highwa at it cannot be readily moved until a reasonable time has been allowed to laps to permit its' removal.
## THE TOWN OF GILLAM BY-LAW NUMBER 665.2004
## DERELICT VEHICLES
## 42. PROHIBITION
No person shall within the territorial limits of the Town of Gillam park or leave a derelict vehicle on private or public property with or without the consent of the owner of such property.
## 43. IMPOUNDING A DERELICT VEHICLE
- To cause the derelict vehicle to be removed from the private property, and for this purpose, to enter upon the property, from time to time, but such agents, assistants and employees, and with such equipment as he/she shall deem
Where a derelict vehicle is parked or left on private or public property in contravention of this by-law, a Peace Officer is authorized:
- To cause the impoundment, storage, destruction or other disposition of any derelict vehicle so removed, as he/she may in his/her sole discretion decide to be appropriate in each case; and
- To give no notice or such notice as he/she may in his/her sole discretion decide to be appropriate in each case to the owner of the vehicle and/or the owner of the property before acting under paragraphs (a) and (b) above.
## 44. REDEMPTION
Any vehicle removed and impounded as aforesaid may within a period of 7 days of impounding be redeemed by the owner thereof upon paying all removal impoundment, storage and other costs and charges incurred by the Town to that
## 45. RECOVERY OF COSTS AND DAMAGES
The costs and charges incurred in the removal, impoundment, storage, destruction, or disposition of any derelict vehicle removed from private property under the authority of this by-law shall be a debt owed by the owner of the derelict vehicle and the owner of the property from which it was removed jointly and severally, to the Town and may be recovered by the Town in any court of competent jurisdiction.
## 46. OFFENCES AND PENALTIES
Subject to Section 47 hereafter:
- (a) Any person who contravenes, disobeys, or violates any of the following provisions of this by-law, or who refuses, omits, neglects, fails to observe, obey or comply with any of the following provisions of this by-law, that is to
Is guilty of an offence and is liable, on summary conviction, to a fine of not less than TWENTY ($20.00) DOLLARS in addition to costs and in default thereof, not more than THREE (3) days in jail.
- Subject to sub-clause (a) above, any person who violates, contravenes, or disobeys any section of this by-law, or fails to observe, obey, or to comply with any of the provisions of this by-law, is guilty of an offence and, unless another penalty is prescribed therefore herein, is liable, on summary conviction, to a fine of not less than FIFTY ($50.00) DOLLARS in addition to costs and in default thereof, not more than THREE (3) days in jail.
- Subject to subsection (d) hereafter, where the contravention, refusal, neglec omission of failure to observe any provisions of this by-law continues fo
- Parking Tag to a vehicle owner or driver for parking or standing a vehicle ir excess of the time permitted by a Traffic Control Device, a separate offence
47. The Council of the Town of Gillam, or such person as it may delegate from time t time, may in their respective sole discretion, as the case may be, determine tha e circumstances surrounding the issuing of a Parking Tag justify its' cancellatic such event, the Council or such delegate, as the case may be, shall have ti luthority to cancel such Parking Tag without the imposition of any penalty referre o in this by-law or otherwise
## THE TOWN OF GILLAM BY-LAW NUMBER 665.2004
48. REPEAL By-Law 609.97 of the Town of Gillam is hereby repealed
2. he proper officers of the Town of Gillam are hereby specifically authorized to I to come imho ful force and elements as may be necessary to cause this b
DONE AND PASSED by the Town of Gillam in open session at the Town of Gillam, in Manitoba, this 14h day of January, 2004.
Mayor Aibert McTavish
Clayt
Chief Administrative Oficer Jacalyn Clayion
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READ A FIRST TIME THIS 14TH DAY OF JANUARY, A.D. 2004. READ A SECOND TIME THIS 28TH DAY OF JANUARY, A.D. 2004. READ A THIRD TIME THIS 28TH DAY OF JANUARY, A.D. 2004
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## SCHEDULE "A" Attached to By-Law No. 665.2004
(See Section 8 of the By-Law)
## LIST OF TRAFFIC CONTROL DEVICES
50 KM. ZONE
FOUR WAY STOPS
NO PARKING HANDICAP ONLY
NO PARKING HERE TO CORNER
NO PARKING MONDAY - FRIDAY 8:00 A.M. - 4:00 P.M.
NO PARKING THIS SIDE
NO PARKING ANYTIME
NO PARKING NO STOPPING
NO THRU TRAFFIC
PEDESTRIAN CROSSING (Picture)
PLAYGROUND (Picture)
SCHOOL BUS LOADING ZONE
SCHOOL CROSSING (Picture)
60 KM. ZONE
STOP SIGNS
30 KM. ZONE
3 WAY STOP
YIELD SIGNS