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RURAL MUNICIPALITY OF MONTCALM
BY-LAW NO. 746/15
Being a by-law to provide traffic and parking regulations in the LUD of St-Jean-Baptiste,
WHEREAS a municipality has the direction, control and management of municipal roads within its
boundaries;
AND WHEREAS Section 90 (1) of The Highway Traffic Act provides for a traffic authority to
make tules or by-laws to regulate and contro] vehicular and other traffic and the parking thereof
Within its Jurisdiction;
AND WHEREAS Section 90 (2) of The Highway Traffic Act provides for the council of the
municipality to impose penalties for a violation of any such rule or by-law:
AND WHEREAS Section 90 (3) of The Highway Traffic Act Provides for the council of a town to
make rules or by-laws applicable to any part of a provincial highway within the town;
AND WHEREAS Section 236 (1) (b) (ii) of the Municipal Act L. M. 1996, c.58 Chap. M225 states:
236 (1) Without limiting the generality of clause 232 (1) (0) (enforcement of by-laws), a by-
law passed under that clause may include provisions
(b) remedying contraventions of by-laws, including
(ii) subject to the regulations, Providing for fines and penalties, including the
imposition of a penalty for an offence that is in addition to a fine or imprisonment, so
long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the
conduct that gives rise to the offence, or related to enforcing the by-law.
AND WHEREAS the Council of the RM of Montcalm and the committee of the LUD of St-Jean-
Baptiste, deems it necessary and in the best interest of the municipality to restrict the parking of
vehicles over 4500 kg, semi-trailers, campers, boats, recreational vehicles, trailers, off road
equipment, and other related vehicles on streets in the LUD of St-Jean-Baptiste;
AND WHEREAS the Council of the RM of Montcalm and the committee of the LUD of St-Jean-
Baptiste, deems it necessary and in the best interest of the municipality to ban parking of all school
buses on all streets within the LUD of St-Jean-Baptiste;
AND WHEREAS it is deemed necessary and expedient to Pass a by-law to regulate and control
vehicular and other traffic and the parking thereof within the LUD of St-Jean-Baptiste;
HEREFORE BE IT AND IT IS ENACTED AS FOLLOWS:
Article 1 - Definitions
'Motor vehicle" means 4 motor vehicle as defined in The Highway Traffic Act.
Park", when prohibited, means to stand a vehicle whether occupied or not, except
(a) when it is caused to stand temporarily for the purpose of, and while actually engaged in,
loading or unloading, or
(b) in obedience to a peace officer or a traffic control device and "parking" has a
Corresponding meaning:
"Peace Officer" means the municipal By-law Enforcement Officer.
"Permit" means a valid physically disabled person's parking permit issued under Section 124.3 of
e Highway Traffic Act.
"Persons" shall mean any individual, firm, company, association, society, corporation or group.
"Public Works Department" shall mean all works and operating department staff of the LUD of St-
Jean-Baptiste which perform work upon a public street or lane within the Village.
"Sidewalk" means a footpath, whether or not paved or improved, that is intended primarily for the
us¢ of pedestrians and that either
(a) forms part of that portion of a highway that lies between the curb line or, if there is none,
the lateral boundary line, of the roadway and
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(i) the adjacent property lines, or
(ii) the straight production of the adjacent property lines to the curb line or if there is none, to
the lateral boundary line, of an intersecting highway, or
(b) although not part of a highway is a publicly maintained right-of-way, set aside for
pedestrian traffic only and for the purpose of giving access to property adjacent thereto.
"Special event" shall mean a parade, procession, block party, or such other event held on a public
street, lane or thoroughfare which will require closure to public traffic.
"Street" shall mean a municipal road for public use and includes a road allowance (including the
shoulder), street, lane, thoroughfare, walkway, bridge and underpass, but does not include a
departmental road as defined in The Highways and Transportation Act.
"Vehicle" means a device, in, upon, or by which a person or thing is or may be transported or drawn
upon a highway and includes
(a) an implement or husbandry that is not a motor vehicle, and
(b) a special mobile machine, but does not include;
(i) a device designed to be moved by human power or used exclusively upon
stationary rails or tracks, and
(ii) a motorized mobility aid,
(iii) construction vehicles and construction trailers.
Article 2 - Temporary Street Barricades & Closures
~ Section 2.1
No person shall park in a public street or lane at such time or manner to obstruct the performance of
scheduled or emergency maintenance work on the public street or lane. The LUD of St-Jean-Baptiste
Public Works Department may post, close or detour any such streets or deems necessary in order to
perform maintenance and/or construction work as necessary from time to time.
Article 3 - Traffic & Parking Restrictions
Section 3.1
No person shall park vehicles over 4500 kg, as well as semi-trailers, campers, boats, recreational
vehicles, trailers, off road equipment, and other related vehicles on streets in the LUD of St-Jean-
| Baptiste except for the designated area on the east side of Caron Street beginning at the cemetery
| going north.
| Section 3.2
|| No person shall park a vehicle on a street in such a manner that it obstructs the entrance to a lane or
to a driveway or an approach leading into a private premise or public pathway.
|| Section 3.3
| No person shall park a vehicle within 100 meters of the scene of a fire or emergency except
firefighting equipment or other emergency vehicles required in the firefighting operations. ~
Section 3.4
No school buses are allowed to park on any streets in the LUD of St-Jean-Baptiste.
Section 3.5
No person shall park a vehicle upon or over a sidewalk or in front of a public pathway which will
obstruct the use of the sidewalk/pathway by pedestrians.
"Snow Regulations"
Article 4 - Street Parking Ban
Section 4.1
Persons shall remove parked vehicles and refrain from parking on public streets and lanes during and
after snowfall events which will require the removal of accumulated snow. Persons may resume
parking on streets after snow removal operations have been completed.
Section 4.2
No person shall deposit snow from private properties onto public roads, streets, lanes and ditches.
Persons found depositing snow on public roads, streets, lanes and ditches may be charged the cost to
remove such snow.
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Article 5 - Enforcement
Section 5.1
Any peace officer may issue a notice, hereinafter referred to as an "Information Offence Notice", to
any person who has allegedly contravened any of the provisions of this By-law.
Section 5.2
The said "Information Offence Notice" shall state the Vehicle License Number; the Date and Time
and Place of the violation; and briefly describe the alleged violation; after which the peace officer
shall attach a copy of the "Information Offence Notice" to the vehicle, or hand the "Information
Offence Notice" to the owner or operator.
Section 5.3
In the event that a violation under By-law is also a violation under the Highway Traffic Act, the
peace officer may issue a "Information Offence Notice" under the provisions of this By-law or under
the Highway Traffic Act, at his/her discretion.
Article 6 - Penalties
Section 6.1
In the event that a recipient of an "Information Offence Notice", for an offence, voluntarily makes
payment at the Montcalm Municipal Office, a receipt shall be issued to the offender. No prosecution
shall be proceeded with if the required penalty has been voluntarily paid within the time limit
established under this Bylaw.
Section 6.2
| Any person guilty of a breach of this by-law shall be liable for a penalty, the fees of which are
outlined in Section 7.2 of this by-law. Response to the issued Information Offence Notice, payment
or contestation, shall be made in accordance with directions provided on the front and back of the
issued Information Offence Notice. Voluntary payment of the set penalty under this by-law may also
be made at the Rural Municipality of Montcalm office 46 1* Street East, Letellier, Manitoba, and
Monday through Friday, 8:30am to Noon and from 1:00 p.m. to 4:30 pm. When permitted under
Provincial Legislation, non-payment of fines may be accrued to the Vehicle Registration License fees
for the vehicle identified in an "Information Offence Notice", and paid for at the time of registration.
Section 6.3
That the amount of fines and penalties set out in this By-Law can henceforth be amended from time
to time by Resolution of Council and will become part of the schedule of fees.
Article 7 - Other
Section 7.1
If any provision of this by-law is adjudged invalid the judgment shall not be construed to invalidate
the remaining provisions of this by-law.
Section 7.2
This by-law shall come into force and effect immediately upon the passing thereof.
Any person guilty of a breach of By-law No. 746/15 shall be liable for a fine set out as follows:
Ist Offense $250.00
| 2nd Offense $1,000.00
| 3rd and Consecutive Offense $1,000.00 plus towing charges
DONE AND PASSED as a by-law of the Rural Municipality of Montcalm/n the province of Manitoba
on this 18 day of November , 2015. -
EVE -- Derek Sabourin
C.A.O. -- Emie Epp
READ A FIRST TIME this 21 day October of, A.D. 2015.
READ A SECOND TIME this 18 day November of, A.D. 2015.
READ A THIRD TIME AND PASSED this 18 day of November , A.D. 2015.