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RURAL MUNICIPALITY OF OAKVIEW
PARKING BY-LAW NO. 2025-8
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF OAKVIEW TO PROVIDE
FOR THE REGULATION OF TRAFFIC AND PARKING OF VEHICLES,
TRAILERS AND RECREATIONAL VEHICLES IN THE COMMUNITIES OF OAK
RIVER, RAPID CITY, CARDALE AND BASSWOOD.
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 rules or by-laws to regulate and control 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 Municipality to make rules or by-laws applicable to any part of a provincial
highway within the Municipality.
AND WHEREAS Section 236(1)(o) of The Municipal Act states:
236(1) without limiting the generality of clause 232(1)(o) (enforcement of
By-laws), a By- law passed under that clause may include provisions:
(b) remedying contraventions of By-law, including
(ii) subject to the regulations, providing for fines and
penalties, including the imposition of a penalty for an office
that is in addition to a fine or imprisonment, so long as the
penalty relates to a fee, relate, 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 Section 3(2)(a) of the Municipal By-law Enforcement Act states a
municipality may require administration penalties to be paid if the municipality
designates the By-law contraventions that may be dealt with by a penalty notice.
AND WHEREAS the Council of the R.M. of Oakview deems it necessary and in
the best interests of the municipality to restrict the parking of vehicles and trailers
on streets in the communities of Oak River, Rapid City, Cardale and Basswood;
THEREFORE the Council of the R.M. of Oakview, in the open session duly
assembled, enacts as follows:
1.0 TITLE
This by-law may be referred to as the Parking By-law"
2.0 DEFINITIONS
a.
"BY-LAW ENFORCEMENT OFFICER" means a person appointed
or designated under The Municipal Act to enforce the By-laws of the
Municipality and includes a designated employee or officer under
The Planning Act
b.
"DESIGNATED PARKING SPACE" means a space designated by
signs or pavement markings as being for the sole use of motor
vehicles displaying a permit and that is located:
i.
on a highway
ii.
in a public parking lot or facility, or
iii.
in a private parking lot of facility to which the public has
access
c.
"MOTOR VEHICLE" means a Motor Vehicle as defined in The Highway
Traffic Act.
d.
"PARK" when prohibited, means to stand a vehicle whether
occupied or not, except:
i.
when it is caused to stand temporarily for the purpose of,
and while engaged in, loading or unloading, or in
obedience to a peace officer or a traffic control device, and
"parking" has a corresponding meaning;
e.
"PERMIT" means a valid physically disabled person's parking
permit issued under Section 124.3 of The Highway Traffic Act.
f.
"PERSONS" means any individual, firm, company, association,
society, corporation or group.
g.
"SIDEWALK" means a footpath, whether paved or improved, that
is intended primarily for the use of pedestrians and that either
i.
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
ii.
the adjacent property lines, or
iii.
the straight production of the adjacent property lines to the
curb line or if there is none, to the lateral boundary lone,
of an intersecting highway, or
iv.
although traffic only and for the purpose of giving access
to property adjacent there to.
h.
"SPECIAL EVENT" means a parade, procession, block party, or
such other event held on a public street, lane or thoroughfare, which
will require closure to public traffic.
i.
"STREET" means a municipal road for public use and includes a
road allowance (including the shoulder), street, lane, thoroughfare,
walkway, bridge and underpass.
j.
"TRAILER" means a vehicle designated for carrying chattels, and
for being towed by a motor vehicle or other vehicle.
k.
"VEHICLE" means a device, in, upon, or by which a person or
things or may be
transported or drawn upon a highway and
includes:
i. An implement or husbandry that is not a motor vehicle; and
ii. A special mobile machine, but does not include
a. A device designed to be moved by human
power or used exclusively upon stationary
rails or tracks, or
b. A motorized mobility aid.
TEMPORARY STREET BARRICADES & CLOSURES
3.0
People wishing to have a special event on any street or streets in the
communities of Oak River, Rapid City, Cardale and Basswood, shall make
an application with the Rural Municipality of Oakview, who shall review the
application and may approve or reject the application and advise the
applicant within 10 business days of the date of the filing. The application
shall include the nature of the special event; the route intended to be taken,
the date and length and the person or persons responsible for the event.
The municipality is hereby empowered to barricade or cause to be
barricaded or erect a sign or remove a sign on any street or portion thereof
deemed necessary for this event. If the event requires public awareness
through the media or other means, this shall be done at the expense of the
applicant.
3.1
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, road, or lane. The R.M. may post, close or detour any such
streets, roads or lanes it deems necessary to perform maintenance and/or
construction work as necessary from time to time.
TRAFFIC & PARKING RESTRICTIONS AND REGULATIONS
4.0
No person shall park a vehicle where a sign or painted curb, placed and/or
authorized by the R.M. prohibits parking or where a sign has been erected
prohibiting the parking of vehicles during certain hours or days.
4.1
No person shall park a vehicle on a street or road 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.
4.2
No person shall park a vehicle within three (3) meters of an intersection.
4.3
No person shall park a vehicle withing three (3) meters from the point of the
curb or edge of the roadway immediately opposite a fire hydrant.
4.4
No person shall park a vehicle within 100 meters of the scene of a fire or
emergency.
4.5
No truck with more than two (2) axles, school buses, or semi-trailers of any
type, shall park on any residential street within the Town overnight,
notwithstanding that a truck or trailer may park on a street while loading and
unloading. Such loading and unloading shall be done as quickly as possible
and shall not block the street for other vehicular traffic.
4.6
No person shall operate a truck with more than two (2) axles on a "No Truck
Route" street as designated from time to time except where necessary to
conduct business as a delivery destination point.
4.7
No person shall park a vehicle on or across a sidewalk, or in front of a public
pathway, in a manner that obstructs pedestrian use. Additionally, no person
shall place or run a cord or similar object across any sidewalk or pathway
in a way that causes obstruction, unless a written request has been
submitted to and approved by public works.
4.8
No person shall stop, stand or park a motor vehicle in a designated parking
space for physically disabled persons, or in a manner that makes a
designated parking space inaccessible, unless the vehicle displays a permit
in accordance with The Highway Traffic Act. And the regulations under the
Act.
4.9
No vehicle shall stay parked on a street for a period longer than 72 hours.
4.10
The operation of engine retardant brakes are prohibited within the Town
limits unless otherwise authorized by signage.
4.11
No person shall park on a street or boulevard a travel trailer, camper,
recreational vehicle, utility trailer, or trailer except for the purpose of loading
and unloading. A travel trailer, camper, recreational vehicle, utility trailer or
trailer must be removed from the street within 48 hours and must remain
connected to a vehicle during the 48 hours.
4.12
No person shall park on private property other than on a dedicated
driveway or parking pad with a proper approved approach or access off the
roadway.
4.13
No person shall park a vehicle or trailer in such a manner that it obstructs
another motor vehicle operators' line of sight approaching intersections.
OFFICERS MARKING PARKED VEHICLES
5.0
An Officer, for the purpose of enforcing the provisions of this or any other
By-law regulation of the RM respecting the parking of vehicles, may make or
place a mark upon any tire of a vehicle which is parked upon a street.
5.1
It shall be an offence for any person to remove, alter, obliterate or deface a
mark made or placed upon a vehicle by an Officer.
ADDITIONAL OFFENSES
6.0
Notwithstanding any traffic citation which may already have been issued
with respect to a vehicle which is found parked, stopped or standing in
violation of any parking restriction contained in this by-law, each additional
observed violation or period of violation shall constitute a separate offence
every twenty-four (24) hours after the issuance of the first traffic citation.
DONE AND PASSED by the Council for the R.M. of Oakview duly assembled at
Rapid City, in the Province of Manitoba, this 28th day of July A.D. 2025
Reeve
Chief Administrative Officer
Read a first time this 8th day of July A.D 2025
Read a second time this 28th day of July A.D 2025
Read a third time this 28th day of July A.D 2025