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TOWN OF THE PAS
BY-LAW NO. 2265
BEING A BY-LAW OF THE TOWN OF THE PAS FOR THE REGULATION OF TRAFFIC
AND PARKING.
The Municipal Council for The Town of The Pas in Council assembled, enacts as follows:
1. SHORT TITLE
This by-law may be referred to as "The Town of The Pas Traffic By-law."
2. INTERPRETATION
1) Unless otherwise expressly provided or unless the context otherwise requires, words
and expressions in this by-law have the same meaning as the same words and
expressions in The Highway Traffic Act of the Province of Manitoba.
2) In this by-law:
a) "Approach, driveway, or sidewalk crossing" means that portion of the sidewalk
or boulevard lawfully improved or designed for the passage of vehicular traffic;
b) "Bicycle" means a device propelled by human power upon which any person
may ride; that is, two tandem wheels either of which is more than twenty inches
in diameter and includes a device so propelled that may be so ridden and that
is three wheels each of which is more than twenty inches in diameter;
c) "Commercial truck" means any truck not a public service vehicle except:
i.
A truck operated by or on behalf of government or a municipality, school
board, or other public body;
ii.
A farm truck;
iii.
A truck used for transporting gravel, sand or other material for use in the
construction or maintenance of a public highway;
d) "Crosswalk" means:
i.
That part of a highway in an intersection distinctly indicated for
pedestrian crossing by a traffic control device or by lines or other
markings on the surface thereof; or
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By-Law No. 2265
ii.
That part of a highway elsewhere than in an intersection distinctly
indicated for pedestrian crossing by a traffic control device and by lines
or by markings on the surface thereof; or,
iii.
That part of highway that is included within the straight production across
the roadway, directly and not diagonally
a) Of the lateral lines of the sidewalk on either side of any roadway intersecting
or meeting the highway; or
b) Of the lateral lines of any sidewalk that intersects or meets the highway on
either side thereof:
Measured, in each case from the curb, or in the absence of curbs from the edge
of the roadway on which the crosswalk is situated, and includes a pedestrian
corridor;
e) "Driver" means a person who drives or is in actual physical control of a vehicle,
and the expressions "drive" and "driving" have a corresponding meaning;
f) "Emergency vehicle" means a vehicle used:
i.
For police duty, or;
ii.
By a fire department, or;
iii.
As an ambulance, or;
iv.
For purposes related to maintenance of a public utility and designated
as an emergency vehicle by a traffic authority, or;
v.
Under the authority of a Municipality, as a fire pumper.
g) "Gross weight" means the combined weight of vehicle and load.
h) "Highway" means any place or way including any 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 passageways thereon.
i) "Intersection" means an area embraced within the straight production of the
lateral boundard lines of two or more highways that adjoin on e another at an
angle whether or not one such highway crosses the other.
j) "Lane" means a highway twenty (20) feet or less in width.
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By-Law No. 2265
k) "Motorcycle" means a motor vehicle other than a tractor which,
i.
Is designed to travel on not more than three wheels in contact with the
ground; and,
ii.
Has a seat or saddle for the use of the rider sitting astride thereof; and
includes a bicycle with a motor attached by which it is driven and a motor
scooter.
l) "Motor vehicle" means a vehicle not run upon rails that is designed to be self
propelled or propelled by electric power but does not include a farm tractor or
self propelled implement of husbandry, a special mobile machine, or a
snowmobile.
m) "Number plate" includes any proof of registration issued by the Registrar, the
Traffic Board or the Taxicab Board as the case may be and required to be
affixed to a motor vehicle or a trailer.
n) "Owner" includes any person in possession of a motor vehicle under a contract
providing that the owernership, 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 of The Highway Traffic Act as owner of a motor
Vehicle or trailer the ownership of which has passed from him, has failed to
comply with Section 10 of The Highway Traffic Act on the passing of the
Ownership thereof.
o) "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
actually engaged in loading or unloading in an authorized loading zone;
or,
ii.
In obedience to a peace officer or a traffic control device, and "parking"
has a corresponding meaning.
p) "Peace Officer" means
i.
Any member of the Royal Canadian Mounted Police Force or any other
police officer, constable, police constable, or any other person employed
for the preservation and maintenance of the public peace; and,
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ii.
Any person lawfully authorized to direct or regulate traffic or to enforce
The Highway Traffic Act or traffic by-laws or regulations, by making
arrests for violation thereof or otherwise;
q) "Pedestrian" means a person afoot, or a person in a wheelchair or a child's
carriage.
r) "Pedestrian control Signal" means a traffic control signal directed to
pedestrians;
s) "Pedestrian Corridor" means a crosswalk, at an intersection or elsewhere, that
has been designated as a pedestrian corridor by the proper traffic authority and
that is illuminated and distinctly indicated for pedestrian crossing.
t) "Provincial Highway" means a highway that is a Provincial Trunk Highway as
defined in The Highways Department Act and also includes a provincial road
as defined in that Act;
u) "Sidewalk" means a foot path, whether or not 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
a) The adjacent property lines; or,
b) 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
ii.
Although not a 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 the property adjacent thereto.
v) "Stand" as applied to a vehicle whether occupied or not means:
i.
When required, to cause a vehicle to remain motionless in one place;
and,
ii.
When prohibited to cause a vehicle to remain motionless in one place,
except when necessary to avoid conflict with other traffic or in
compliance with the directions of a peace officer or traffic control device,
and "Standing" has a corresponding meaning.
w) "Stop" as applied to a vehicle whether occupied or not means
i.
When required, to cause the vehicle to cease to move: and,
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ii.
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 or a traffic control device; and "stopping"
has a corresponding meaning.
x) Taxicab" means a motor vehicle had, kept, or used or intended for use where
operated, for the transportation of persons for compensation.
y) "Traffic" includes pedestrians and ridden, driven or herded animals or vehicles,
and other conveyances or conveniences, either singly or together, while using
a highway for purpose of travel.
z) "Traffic Authority" means
i.
In the case of provincial highways, the Minister of Highways;
ii.
In the case of inter-municipal highways, the municipalities acting
together, or one of the municipalities, acting together, or one of the
municipalities, acting with the approval of the Minister of Municipal
Affairs;
iii.
In the case of highways within municipalities, except those on privately
owned land, the municipalities within the limits of which the highway is
situated.
A1)
"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.
3. POLICE REGUALTION
a) In the event of fire or other emergency or to expedite traffic or to safeguard
pedestrians, Peace Officers and the Fire Chief or his designate may direct
traffic as conditions may require notwithstanding the provisions of the by-law.
b) Pedestrians, drivers and operators of vehicles shall at all times comply with any
lawful order of a Peace Officer, Fire Chief or his designate, as to stopping,
starting, approaching or departing from any place, the manner of taking up or
settling down passengers or loading or unloading goods.
4. AMBULANCE AND POLICE AND FIRE VEHICLES
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The provisions of this by-law regulating the operation, parking, standing or stopping
of vehicles shall apply to ambulances and to vehicles of the police and fire
departments excepting that unless otherwise directed by a peace officer, a driver of
any ambulance or police vehicle operating in an emergency and a fire department
vehicle responding to an alarm or fire may park, stand or stop notwithstanding the
provisions of this by-law; may disregard regulations governing the direction of
movement or turning in specified directions; and may proceed cautiously past a red
traffic light, signal, stop sign, but only after slowing down as necessary for safety and
then giving a clearly audible warning.
5. VEHICLES IN FUNERAL PROCESSIONS
The driver of motor vehicles in a funeral procession shall insofar as practicable drive
his vehicle on the extreme right hand side of the roadway. The driver of every vehicle
in a funeral procession indicated as such by headlamps of all motor vehicles therin
being lit upon approaching a red traffic light, signal, stop signal, or stop sign shall slow
down as may be necessary for safety but may proceed cautiously past the signal or
sign and after passing the traffic control signal or stop sign, the driver of each of the
vehicles in the procession shall have the right-of-way over all the other vehicles upon
the highway at the intersection or place where the signal or sign is situated.
6. DRIVERS OF EMERGENCY VEHICLES TO DRIVE SAFELY
The provisions of Sections 4 and 5 as to ambulance, vehicles of the police and fire
department and vehicles in funeral processions shall not relieve the drivers thereof
from the duty to drive with due regard for the safety of all persons using the highway
and/or from the consequence of an arbitrary assumption of the right-of-way.
7. PUBLIC SERVICE VEHICLES
The provisions of this by-law prohibiting standing and parking shall not apply to
vehicles of The Town of The Pas while in use in connection with work being done on
or near a highway, or to vehicles of the Federal and Provincial Governments or to
Crown Corporation if such vehicles have the owner's name painted thereon and they
are actually engaged in works of necessity on or near the highway requiring them to
stand or be parked in contravention to any such provisions.
8. VEHICLES AND BUSES TO YIELD RIGHT-OF-WAY TO EMERGENCY VEHICLES.
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The driver of a vehicle upon a highway shall yield the right-of-way to ambulance
travelling in emergencies and to police and fire department vehicles operating upon
official business when the drivers thereof give clearly audible signals by bell, siren or
whistle; and shall immediately drive to a position parallel to and as close as possible
to the right-hand edge or curb of the roadway, or in the case of a one-way street, to
either right or left hand edge of curb or roadway clear of any intersections, shall stop
and remain in such a position until the aforementioned vehicles have passed except
when otherwise directed by a police officer.
9. TRAFFIC CONTROL DEVICES
By virtue of The Municipal Act of Manitoba and The Highway Traffic Act of Manitoba,
the Town Engineer or Municipal Superintendent by virtue of authority delegated to him
by the Traffic Authority shall erect and maintain or cause to be placed and maintained
all traffic control devices of such kinds and in such places as are authorized by the
Traffic control devices is to be posted in the offices of The Town of The Pas and also
attached to this by-law.
10. TEMPORARY TRAFFIC DEVICES
The Traffic Authority or any person authorizing it, may in an emergency or where
construction, repairs, painting, snow plowing and removal and street cleaning is being
carried on, place and maintain, or caused to be place and maintained, or put into
operation, such temporary traffic control devices as are required while those
conditions prevail, to control, regulate and guide traffic in an orderly manner.
11. TRAFFIC TO COMPLY WITH TRAFFIC CONTROL DEVICES
Subject to the provisions of Sections 4, 5, and 7 of this by-law, and unless otherwise
directed by peace officers, pedestrians and drivers of vehicles shall obey the
directions, instructions, limitations or restrictions or prohibitions of any applicable
traffic control device, traffic control signal and temporary traffic sign, signal marking,
barrier, or device placed or maintained by the Traffic Authority or any person
authorized by it for the purpose of regulating or prohibiting traffic where highway
construction or repair and painting or other emergency occurs.
12. IMITATIVE DEVICE PROHIBITED
No person shall erect or maintain upon or in view of a highway a device that purpose
to be, resembles or interferes with the effectiveness of a traffic control device unless
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he is authorized to do so by the Traffic Authority; and is such device is erected or
maintained without that authority, it may be removed by the Traffic authority or a peace
officer.
13. ORDER PERMITTING TURN AT RED LIGHT
A Traffic Authority, if so authorized by the Traffic Board, may by order direct that in any
case where a red traffic control signal, and the driver of a vehicle at or approaching
the intersection and facing the traffic control light, having stopped as required at a red
traffic control light at the intersection and yielded the right-of-way to traffic that is at
the intersection, upon the intersecting highway or that is approaching thereon and in
so close that is constitutes an immediate hazard, may, if he can do so in safety, enter
the intersection and make a right turn onto the intersecting highway, unless, a traffic
control device indicates the contrary.
PEDESTRIANS RIGHTS AND DUTIES
14. PEDESTRIANS RIGHT-OF-WAY IN CROSSWALKS WHEN TRAFFIC LIGHT
SIGNALS ARE NOT IN PLACE
When traffic light signals are not in place or not in operation and when traffic is not
being regulated by a Peace Officer, the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if necessary, to a pedestrian crossing the roadway within a
crosswalk when the pedestrian is approaching so close or from the opposite side of
the roadway as to be in danger.
15. COMPLIANCE BY PEDESTRAINS WITH SIGNALS
Except when a Traffic Authority has otherwise ordered, where traffic control signals
are operating at an intersection, pedestrians shall comply with them in the manner
provided in Section 84 of The Highway Traffic Act.
16. PEDESTRIANS TO OBSERVE SAFETY MEASURES
No pedestrian shall leave a curb or other place of safety and walk or run into the path
of a vehicle that is so close that it is impracticable for the driver to yield.
17. PASSING TO OBSERVE SAFETY MEASURES
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By-Law No. 2265
Where a vehicle is stopped at a crosswalk or at an intersection to permit a pedestrian
to cross the highway, no driver approaching from the rear shall overtake and pass the
stopped vehicle. When a pedestrian is crossing a roadway other than a crosswalk, he
shall yield the right-of-way to a driver.
18. PEDESTRIAN CORRIDOR - DUTIES OF DRIVER
Subject to Section 19, where
a) A pedestrian is at
i.
The curb or edge of roadway; or
ii.
A place of safety;
That is adjacent to a pedestrian corridor that lies across a roadway upon which a
vehicle is approaching so closely to the pedestrian corridor as to endanger the
pedestrian if he were to enter it; and
b) The pedestrian
i.
Is intending to cross the roadway in the pedestrian corridor; and
ii.
Is giving notice of his intention by extending his hand and arm at full
length in such a manner to indicate clearly the direction in which he
intends to cross; the driver of the vehicle shall yield the right-of-way to
the pedestrian by slowing down or stopping if necessary.
19. WHEN VEHICLE STOPPED AT PEDESTRIAN CORRIDOR
When a vehicle is stopped at a pedestrian corridor, the driver of any other vehicle
overtaking the stopped vehicle shall bring the vehicle to a full stop before entering the
pedestrian corridor, and shall yield the right-of-way to a pedestrian,
a) Who is within the pedestrian corridor upon the half of the roadway upon which
the vehicle is stopped; or
b) Who is within the pedestrian corridor and is approaching that half of the
roadway from the other half of the roadway so closely to the vehicle that he is
in danger if the vehicle were to proceed.
20. SCHOOL BUSES AND SCHOOL ZONES
Where a stopped school bus is displaying signals or where a school bus is stopped
on the highway, with a lamp or other warning device operating thereon or displayed
therefrom, the driver of any motor vehicle approaching the school bus from any
direction shall bring the motor vehicle to a stop not less than fifteen (15) feet from the
school bus before passing it, and he shall not proceed unless the school bus resumes
motion and the driver thereof signals him to proceed or ceases to operate or display
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By-Law No. 2265
the lamp or other warning device as required under The Highway Traffic Act, Section
128 (4).
21. WHERE PASSING OTHER VEHICLES PROHIBITED
No person driving a vehicle shall overtake or pass another vehicle while the other
vehicle is no or is approaching within fifty (50) feet of the grounds of a school building
or of an institution for the care of children or grounds on which there is a playground
or rink while children are on the highway adjacent to those grounds, if the existence
of that institution, school building, playground, rink or persons so engaged is indicated
in each case by a traffic device.
22. SPEED LIMIT
By virtue of the authority granted to it under Section 96(1) of the Highway Traffic Act,
The Town of The Pas affixes as the maximum speed at which vehicles may be driven
on any highway over which the municipality has jurisdiction, as follows: No person
shall drive a vehicle at a rate of speed greater than,
i.
30 miles an hour within any restricted speed area, if it and the maximum
speed permissible therein are designated by signs erected as required
under Section 98(4) of The Highway Traffic Act;
ii.
The maximum speed permissible at any place as designated by signs
erected under Section 98(4) of the Highway Traffic Act;
iii.
15 miles per hour in playground and school zones where the zones are
indicated by traffic control devices;
iv.
50 miles per hour during the periods when under sub-section 11 of
Section 33 of The Highway Traffic Act, lights in vehicles on the highway
are required to be lighted, or
v.
60 miles per hour at all other times to which Clause (i) through (iv) do
not refer.
23. SLOW VEHICLES TO KEEP TO THE RIGHT
The driver of vehicles proceeding unless in a normal speed of traffic at the time and
place and under the conditions then existing shall drive in the right-hand lane then
available for traffic or as close as practicable to the right-hand curb or edge of the
roadway.
24. DRIVING ON SIDEWALKS AND BOULEVARDS
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No vehicles shall be driven or allowed to stand on or overlapping on a sidewalk or
boulevard but may be driven over an approach or sidewalk crossing.
25. FOLLOWING FIRE TRUCK
A driver of a vehicle shall not closely follow a vehicle of the Fire Department travelling
in response to a fire alarm, or drive into or park the vehicle within a block of where the
fire fighting vehicle is stopped in answer to a fire alarm.
26. CLINGING TO MOVING VEHICLES
a) No person riding upon or using any motor cycle, sleighs, skis, skates, toy
vehicles or other devices shall attach the same or himself to any moving
vehicles on any roadway and no driver of any moving vehicle shall permit any
such person to attach himself or any of the aforementioned devices thereto,
and;
b) No person shall attach himself to any vehicle or ride upon any portion not
designated or intended for the use of passengers.
27. U-TURNS
No driver shall turn a vehicle so as to proceed in the opposite direction:
a) At any place other than at an intersection;
b) At an intersection controlled by traffic signals; or,
c) At any other intersection, unless he can do so without interfering with other
traffic and only where there is no sign prohibiting U-turns.
28. ONE-WAY STREETS AND LANES
The Traffic Authority of The Town of The Pas shall be empowered to declare certain
streets and lanes or portions thereof as one-way streets and when such declaration
is made and signs erected appropriately directing traffic in the opposite direction, the
said Traffic Authority shall cause to be listed in the offices of The Town of The Pas an
enumeration indicating those streets and lanes which are to become one-way streets.
29. EMERGING FROM LANE, APPROACH OR BUILDING
The driver of a vehicle emerging from a lane, approach, driveway or building shall stop
the vehicle immediately before entering any part of a street and yield the right-of-way
to pedestrians and to such other traffic as may be necessary to avoid collision.
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ROUTES OF TRAVEL
30. ESTABLISHING ROUTES OF TRAVEL FOR TRUCKS
a) For the purpose of this section, "Truck" means a motor vehicle, trailer, or sem-
trailer truck, and is not a delivery car that is constructed or adapted to carry
goods, wares and merchandise, freight or commodities but not passengers or
luggage;
b) All trucks within the Town of The Pas shall be operated only over and along the
streets designated by the Traffic Authority as truck routes. The said truck routes
are to be enumerated and said enumeration of truck routes is to be listed in the
offices of the Town of The Pas but any truck may operated upon which such
traffic is permitted are used until reaching intersections nearest the destination
point. Upon leaving the destination point, a truck shall return by the shortest
route to a street designated as a truck route upon which such traffic is
permitted.
c) Except as provided in Subsection (b) above, and excepting designated truck
routes, parking or standing by commercial trucks having a tonnage capacity
exceeding one ton is prohibited.
BICYCLES
31. GENERAL RULES AS TO BICYCLES
Except as provided in this by-law, a person operating a bicycle upon a highway has
the same rights and duties as a driver of a vehicle.
32. SPECIAL RULES AS TO BICYCLES
A person operating a bicycle shall comply with the following provisions:
a) He shall not ride on the sidewalk;
b) He shall ride as close as is practicable to the right hand edge or curb of a
roadway or to any person who may be riding a bicycle on his right side. Persons
riding bicycles on the highway shall not ride more than two abreast;
c) He shall kept at least one hand on the handle bars;
d) He shall not ride other than upon or astride a regular seat of the bicycle;
e) He shall not use the bicycle to carry more persons at one time than the number
for which the bicycle is designated.
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33. EVERY BICYCLE SHALL CARRY
a) A head lamp at the front thereof when operating after dark;
b) A lamp or reflector at the back thereof or a reflecting red light or red reflection
as the case may be; and an area of not less than ten inches in length and two
inches in width of the surface of the rear mud guard of every bicycle or tricycle
shall be painted white.
34. EQUIPMENT OF BICYCLES
No person shall operate a bicycle on a highway or cause or permit a bicycle to be
operated on the highway unless it is equipped in all respects as required by The
Highway Traffic Act and the regulations; and the owners have complied in all respects
with the requirements of The Highway Traffic Act and regulations respecting bicycles.
35. INSPECTION OF BICYCLES
A Peace Officer may at any time stop and inspect, or cause to be inspected, any
equipment on a bicycle on a highway and may, if the equipment or any part thereof
does not comply with The Highway Traffic Act, require that the operator thereof have,
and the operator shall proceed forthwith to have equipment made to comply.
36. IMPOUNDMENT OF BICYLCES
Any Peace Officer who, anywhere within The Town of The Pas, finds a bicycle in
contravention of Sections 32, 33, 34, and 35 or finds a bicycle without the
municipality's identification, mark or number stamped thereon shall seize the bicycle
and bring it before a Magistrate who shall thereupon issue a summons addressed to
the person in whose apparent possession of the bicycle was at the time of seizure
commanding him at the time and place therein named to show cause why it should
not be confiscated.
37. CONFISCATION OF BICYCLES
Upon the matter being heard, the Magistrate shall make an order that the bicycle be
confiscated to the municipality in which it was seized unless he is satisfied that there
was no breach under this by-law committed in respect of the bicycle, and if no breach
has been committed, the bicycle shall be restored to the person in whose apparent
possession it was at the time of seizure.
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38. SALE OF CONFISCATED BICYCLES
Any bicycle confiscated under section 37 may be sold by the municipality at public
auction not less than three months after the confiscation.
LOADING AND UNLOADING ZONES
39. ESTABLISMENT OF LOADING ZONES
Loading zones designated as such by traffic signs may be established by the Traffic
Authority throughout the Town of The Pas for such purpose during the hours of 8:00
A.M to 6:00 P.M. daily, Monday through Saturday.
40. STANDING AND LOADING ZONES
No person shall stop, stand or park a vehicle for any purposes or for any period of
time other than for the express loading or unloading, or pick up and loading of
materials within a part of any space marked by traffic signs as a loading zone during
the hours specified in Section 39.
41. 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 herein
except as specifically authorized by the Traffic Authority of The Town of The Pas.
42. VEHICLES BACKED TO CURB
No driver of a vehicle shall stand a vehicle backed up to the curb.
43. STANDING FOR LOADING AND UNLOADING CAB PASSENGERS
By virtue of the authority vested in section 22(2) of The Highway Traffic Act, the Traffic
Authority being the Council of the Municipality, are empowered to make rules and
regulations regarding the location and/or use of taxi cab stands and parking zones.
44. RESTRICTED USE OF TAXI STANDS
No person shall stop or stand a vehicle other than a taxi cab in a taxi cab stand.
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45. STOPPING, STANDING, PARKING
Except where it is necessary to avoid conflict with traffic, or to comply with the law or
the directions of a Peace Officer or a traffic control device, no person shall stop, stand
or park a vehicle:
a) On or over a sidewalk;
b) In front of a drive way so as to block it;
c) Within an intersection or within ten feet thereof or such greater distance as may
be prescribed by the appropriate Traffic Authority;
d) Within ten feet of a fire hydrant;
e) On a crosswalk;
f) Within ten feet of the approach side of a crosswalk;
g) Within thirty feet upon the approach to any flashing beacon, stop line of traffic
control signal situated at the side of a roadway;
h) Along side or opposite a street excavation or obstruction, where such stopping,
standing or parking obstructs traffic;
i) On the roadway side of a vehicle stopped or parked at the edge of a curb or a
street;
j) Upon a bridge or other elevated structure upon a highway or within a highway
tunnel;
k) In a place in contravention of a traffic control device that gives notice that
stopping standing or parking is prohibited;
l) In such a manner that it constitutes a hazard on the highway;
m) On a highway with the left side of the vehicle to the curb excepting a one-way
street where standing or parking is not elsewhere herein prohibited on the left
side;
n) More than two (2) feet from the edge of a curb of a street.
46. PARKING METERS AND PARKING METER ZONES
By virtue of Section 75(3) of The Highway Traffic Act, the Traffic Authority, being the
Council of The Town of The Pas, may erect appropriate traffic control devices to limit
the time during which vehicles may be parked on the highway or any portion thereof
either during the whole of any day or during a part thereof as the Traffic Authority may
consider necessary.
47. The Traffic Authority being the Council of The Town of The Pas may establish certain
areas to be designated as parking meter zones, and delegate authority to establish all
parking meter zones as may be required, said parking meter zones to be enumerated
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and listed in the offices of The Town of The Pas. A list of the parking meter zones with
plan is attached to this by-law, as Schedule.
48. Legal parking time in the parking meter zones shall be the time indicated on the
parking meters in use in the parking meter zones.
49. Parking meters shall be placed upon the curb along side of or next to the individual
parking space so designated by the Traffic Authority or its delegate. Each said parking
meter shall be so situate as to display a signal showing legal parking as indicated on
the parking meter itself. When any vehicle shall be parked in any space alongside or
next to which is located under this by-law a parking meter, the owner, operator, driver
or manager of the said vehicle shall, upon entering the parking space, immediately
deposit the required coins as shall be indicated by the parking meter and said parking
space can then be used by such vehicle during the parking limits shown by the parking
meter. Should the owner, operator, driver or manager of the said vehicle fail to deposit
the required coins, or should the said vehicle remain parked in any space beyond the
parking limit indicated by the parking meter, the parking meter shall show a sign
showing illegal parking. In that event, the said motor vehicle shall be considered as
parking overtime and beyond the time affixed herein.
Any owner, operator, manager or driver of any vehicle leaving such vehicle in such
parking space beyond the parking limit fixed herein shall be guilty of an offence against
the provisions of this by-law.
Upon the expiration of the maximum parking limit shown on the parking meter, no
person shall further deposit or cause to be deposited in a parking meter a coin for the
purpose of obtaining an extension of the parking time beyond the time prescribed on
the meter head; nor shall a person in such a situation deposit or cause to be deposited
in a parking meter in a space at either side of and adjoining the space first used a coin
for the purpose of obtaining such an extension of parking time.
50. Where an offence consisting of a violation of any provision of this by-law
a) Is committed by means of, or with respect to, a motor vehicle; or,
b) Occurs by reason of, or with respect to, the ownership, use or operation of a
motor vehicle;
The owner of the motor vehicle may be charged with commission of the offence
and, if the judge or justice before whom the charge is tried, is satisfied that the
offence was committed, the owner is guilty of the offence and is liable, on summary
conviction, to the penalty herein provided for that offence unless the owner
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satisfies the judge or justice that, at the time of the violation, the motor vehicle was
in the possession of a person other than the owner or his chauffeur without the
consent of the owner.
51. No vehicle of any over-all length of more than twenty-two feet shall park in any parking
meter zone.
52. Any metered space may be used without inserting coins on Sundays and public
holidays, or between the hours of 6:00 O'clock in the afternoon and 8:00 O'clock in
the forenoon of the following day, except where the meter is hooded or when traffic
signs indicate that standing or parking is prohibited.
53. No person shall deposit or cause to be deposited in any parking and impair the
usefulness of any parking meters installed under the terms of this by-law.
54. No person shall deface, injure, tamper, or wilfully break, destroy and impair the
usefulness of any parking meters installed under the terms of this by-law.
55. Vehicles parked in a parking meter zone during the hours when the restrictions under
parking meters do not effect it shall be subject to the general provisions of this by-law;
otherwise, the provisions of this by-law relative to parking meters shall prevail over the
general provisions of the by-law within the parking meter zone.
PRIVATE AND PUBLIC PARKING AREAS
56. (1) No person shall park or leave any vehicle on:
a) Any street or lane or highway within the limits of The Town of The Pas between
the hours of 2:00 A.M. in the forenoon to 6:00 A.M. in the forenoon where a
traffic control sign indicates that a vehicle is not be parked during those hours;
b) Private property that has been clearly marked as such and on which legible
sign or signs have been erected by the owner or his agent forbidding
trespassing or parking;
c) A private road or driveway unless such person has obtained the permission of
the owner, tenant, occupant or person in charge or control of the said private
road or driveway;
d) The owner of such vehicle in addition to the driver, shall be liable for the penalty
provided for any violation of this by-law unless at the time of the violation the
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vehicle was in the possession of a person other than the owner or chauffeur
without the consent of the owner;
(2)
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 this section may lay an information and compliant against the owner or
driver of the vehicle or may report to the Peace Officer of The Town of The Pas the
licence number and location of the illegally parked vehicle. Any person making
such report shall do so in person and give his own name and address. On such
report being received, the Police Department may investigate and may lay an
information and complaint against the owner or driver;
(3)
On receipt of a complaint of an infraction of the provisions of this section, any
Peace Officer of The Town of The Pas may authorize the removal of the violating
vehicle by a garage keeper and the garage keeper shall remove the vehicle to his
own premises and shall impound the vehicle until the charges for removal and
storage have been paid by the owner of the vehicle. The Town authorizes the
garage keeper to impound the vehicle for a period of ninety (90) days. If on the
expiration of ninety days the impounded vehicle has not been claimed by the owner
of the vehicle or the removal and storage charges have not been paid, the Town
of The Pas shall advertise the vehicles which have been impounded for ninety
days, and should the vehicle or vehicles not be claimed within two (2) weeks of the
said advertisement, the impounded vehicles will be sold and all storage charges
satisfied from the sale of the said vehicles. Should the monies obtained from the
sale of the impounded vehicle not be sufficient to pay the storage charges, the
Town of The Pas shall pay all storage charges due and owing.
57. PUBLIC PARKING LOTS (AREAS)
The Traffic Authority, being the Council of The Town of The Pas, may designate and
develop appropriate areas as public parking lots and delegate authority to establish
regulating rates and penalties as may be required; said schedule of regulations, rates
and penalties to be listed in the offices of The Town of The Pas and attached to this
by-law.
58. PENALTY
Any person who fails to comply with any section of this by-law is guilty of an offence
punishable on summary conviction and is liable on conviction together with the costs
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of prosecution, and in default of payment of such fine and costs is liable to
imprisonment for a period not exceeding thirty (30) days.
59. VOLUNTARY PAYMENT
a) Where it is alleged by a Peace Officer or by any person has contravened a
provision of this by-law, that person, on being notified of the allegation, may
voluntarily consent to pay the fine indicated thereon, and may make such
payment at the officers of the Town of The Pas.
b) The fines referred to in paragraph (a) herein shall be as follows:
i.
For parking meters and parking meter zones - $2.00 for each offence;
ii.
For all other parking infractions, $5.00 for each offence.
c) In the event that the said fines are not voluntarily paid as provided in paragraph
(a) herein, a notice shall be sent out by The Town of The Pas to the owner of
the ticketed motor vehicle, which notice shall indicate a further time period in
which the said owner may voluntarily consent to pay the fine referred to in
paragraph (b) herein. The notice shall also provided that in the event any
person or persons alleged to have contravened this by-law does not pay the
fines referred to in paragraph (b) herein by the further time period in the notice,
then a further fine for each offence shall be payable and a further time indicated
on the notice as follows:
i.
For parking meters and parking meter zones within ten days of the
further time period indicated on the notice, $7.00 for each offence;
ii.
For all other parking infractions within ten days of the further time period
indicated on the notice, $10.00 for each offence.
d) If the fines referred to in paragraph (c) herein are not paid in accordance with
the provisions of this section, the penalty for any and all parking infractions shall
be that imposed in section 58 of this by-law.
60. CONTROL OF ABANDONED AND DERELICT VEHICLES
a) Whereas Section 294 (1-5) of The Municipal Act prohibits any person(s) from
leaving or abandoning derelict vehicles on private or public property with or
without the consent of the owner of the property:
(1) "Derelict Vehicle" - shall mean a vehicle not run upon rails that is designed
to be self propellant and without restricting the generality of the foregoing,
it includes an automobile, a truck, or tractor, a self-propelled implement of
husbandry, a special mobile machine and a snowmobile, which vehicle is
not a new and unused vehicle, and
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i.
Is not in operating condition;
ii.
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;
iii.
Is kept in the open; and
iv.
The owner thereof either has abandoned it; or is keeping it primarily for
the purposes of salvaging or selling parts therefrom, or for 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 (ii), (iii) and (iv) apply.
(2) "Abondonment" - shall mean if for a period of at least one month a vehicle,
part of, or parts have
i.
Been left in the open;
ii.
Has, in the opinion, of The Traffic Authority or its representative, or a
member of the Royal Canadian Mounted Police or Town Peace Officer,
or the Court, as the case may be, been deserted.
(b) Any owner, occupant or person in charge or control of private or public
property who wishes to keep derelict vehicles thereon, must obtain a
licence to do so from The Town of The Pas Licence Inspector by first
making application and stating thereon for what purpose and the
description of the subject vehicle that he wishes to keep.
(c) A licence will be issued only if the applicant can ensure that storage of
the vehicle(s), or vehicle parts will be contained in an enclosed building
or storage structure.
(d) The fee for such a licence shall be set as $25.00 per vehicle.
(e) The Town or its authorized agent will remove from public or private
property any derelict or abandoned vehicle parked or left thereon and
will impound, store or destruct according to the provisions as set out in
this by-law.
(f) The Town of The Pas will impose a fine of $25.00 on any person found
guilty of violating the provisions of section 60 of this by-law and further
considers each day on which the violation continues as a separate
offence.
(g) Recovery of costs and charges incurred in towing, impounding, storing,
destroying or disposing of a derelict or abandoned vehicle(s) by the
Town of The Pas or its authorized agent will be considered as a debt
owed by the owner of the property from which it was removed, jointly
and severally, to the Town. The recovery of such charges shall be either
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through payment by the registered owner or through the sale of the
vehicle(s), part of or parts as provided by Section 63.
61. REMIANING STATIONARY ON STREETS, AVENUES AND LANES
No owner or operator of any vehicle, tractor, trailer, semi-trailer or other vehicles,
power driven or otherwise, shall allow it to remain stationary in any street, avenue or
lane so as to impede vehicular traffic, snow removing equipment, road maintenance
equipment, or pedestrian traffic and in cases where such vehicles are found to be left
in any of these places for a period of more than forty-eight hours, the R.C.M.P., Fire
Chief or any person so designated by the Traffic Authority of The Town of The Pas
may cause such vehicle to be towed away by the Town's authorized agent, and be
subject to the provisions of section 63.
62. PARKING WHILE STREETS BARRICADED
a) Unless otherwise directed by a Peace Officer, no person shall drive or park a
vehicle or bus on any portion of a street or lane roped, barricaded or otherwise
indicated as prohibited by the proper authority as being closed to traffic or
parking as the case may be for the time being.
b) A vehicle standing or parked in contravention of Subsection (a) of this section
may, by authorization of the Town Engineer or Peace Officer, be towed away
and impounded by the Town's authorized agent, subject to By-law No.63.
63. IMPOUNDMENT
a) The Town of The Pas will provide an area or fenced property to be known as
the Town Compound.
b) Impounded vehicles will be towed to the Town Compound.
c) Towing charges will be levied against the impounded vehicle.
d) A storage charge of $1.00 per day will be levied against said vehicle(s) for the
time in the compound.
e) The vehicle(s) may be reclaimed by the registered owner by payment of towing
and storage charges at the public works office in The Town of The Pas.
f) Any vehicle not claimed within Ninety (90) days of impoundment will be
advertised and if not claimed within two (2) weeks of advertisement, will be sold
by public tender.
g) The tender on sale of vehicle(s) will be offered only periodically and not
necessarily at the end of Ninety (90) days.
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64. Reference to time shall be deemed reference to daylight saving time when such is in
current use in The Town of The Pas and all other times central standard Time
applicable to the Town.
65. REPEAL
This by-law repeals the following by-laws:
1950, 2035, 2055, 2074, 2125, 2138, and 2209.
66. DATE OF BY-LAW
This by-law shall become effective on the day of passing thereof.
DONE AND PASSED IN COUNCIL ASSEMBLED THE 16TH DAY OF NOVEMBER,
A.D. 1977.
(William Douglas McBride) __________
Mayor
(Anthony Merrick Moule) ____________
Secretary-Treasurer
Given first reading this 16th day of November, 1977.
Given second reading this 16th day of November, 1977.
Given third reading and passed this 16th day of November, 1977.