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CITY OF THOMPSON
BY-LAW NUMBER 1733-2007
[As amended by AM B/L 1758-2008, AM B/L1781-2008 and AM B/L 1848-2011]
A BY-LAW OF THE CITY OF THOMPSON CONCERNING THE
REGULATION OF TRAFFIC, PARKING ON PRIVATE PROPERTY, AND
PARKING FOR PHYSICALLY DISABLED PERSONS.
WHEREAS Section 90(1) of the "HIGHWAY TRAFFIC ACT", CCSM, c. H60,
authorizes a municipality to make rules or by-laws in relation to the regulation
of traffic supplementary to or in addition to but not contrary to any provision of
that Act or regulations made thereunder and applicable on highways over
which the municipality has jurisdiction.
AND WHEREAS the "MUNICIPAL ACT", SM 1996, c. .M225, the
"DANGEROUS GOODS HANDLING AND TRANSPORATION ACT", RSM
1987, c. D12, and other provisions of the "HIGHWAY TRAFFIC ACT"
authorizes and/or require a municipality to enact by-laws inter alia, dealing
with the regulation of traffic, the parking of motor vehicles and the
transportation of dangerous goods within the municipality.
NOW THEREFORE BE IT ENACTED as a By-law of the City of Thompson
as follows:
1.
This By-law may be referred to as the "CITY OF THOMPSON
TRAFFIC BY-LAW".
2.
DEFINITIONS
(1)
Unless 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)
"ACT" means The Highway Traffic Act of the Province of
Manitoba and current amendments thereto unless otherwise
indicated.
(b)
"APPROACH", "DRIVEWAY", or "SIDEWALK CROSSING"
means that portion of a sidewalk and/or boulevard lawfully
improved or designed for the passage of vehicular traffic.
Consolidated Traffic By-Law # 1733-2007
Page 2
(c)
"BOULEVARD" means that portion of a street not meant for
vehicular traffic between the curb lines and the adjoining
property line including the sidewalk, and that portion of a street
between the curbs separating the roadways of a divided
highway and includes medians as hereinafter defined.
(d)
"BUS STOP" means a designated portion of a roadway
adjacent to the curb or road edge, where there is no curb,
reserved for the loading and unloading of passengers and so
designated by traffic control devices.
(e)
"CHIEF OF POLICE" means the officer commanding the
RCMP City Detachment or such person as may be authorized
by the said Chief of Police to exercise some or all of the powers
vested in him by this By-law.
(f)
"CITY" means the City of Thompson.
(g)
"COUNCIL" means the Council of the City of Thompson or
such Committee as Council may delegate as Traffic Authority.
(h)
"CURB" means the lateral line of a roadway.
(i)
"DANGEROUS GOODS" means those goods, the nature of
which are such that their transport by vehicle requires the
person transporting same to display safety marks on the vehicle
in order to comply with section 15 of the "DANGEROUS
GOODS HANDLING AND TRANSPORTATION ACT" but does
not include goods contained in a vehicle for the proper operation
of that vehicle.
(j)
"DESIGNATED OFFICER" means the person(s) authorized by
City Council to enforce any part of this By-law.
(k)
"EMERGENCY VEHICLE" means a vehicle used for police
duty, or by the fire department, or as an ambulance, or by a
volunteer firefighter responding to a fire or other emergency
and, in the case of an urgent emergency justifying a rate of
speed in excess of the applicable rate of speed for which
provision is made in the Act, a motor vehicle carrying rescue or
first aid equipment shall be deemed to be an emergency vehicle
for the purposes of this By-law.
(l)
"FIRE APPARATUS" means any equipment that may be used
by Thompson Fire and Emergency Services, including but not
limited to; fire trucks, ambulances, trailers, et al.
Consolidated Traffic By-Law # 1733-2007
Page 3
(m)
"FIRE CHIEF" means the Chief of Thompson Fire Department
or such person as may be authorized by the City of Thompson
to exercise the responsibilities referred to in Section 28(4) of this
By-law.
(n)
"LANE" means a street not more than 6.2 meters in width.
(o)
"LOADING ZONE" means that area designated as such
pursuant to Section 15(1) and Schedule B to this By-law.
(p)
"MERIDIAN" means that portion of a divided street separating
the traveled ways for traffic in opposite directions.
(q)
"ONE-WAY STREET" and "ONE-WAY LANE" means a street
or a portion of a street or a lane or a portion of a lane, as the
case may be, designated as one-way pursuant to Section 4(1)
and Schedule A to this By-law.
(r)
"OFFICER" means a peace officer, police officer, or constable
working for the R.C.M.P. or such other person authorized to act
by Council.
(s)
"OFF STREET PARKING AREA" means a parking area owned
or operated by the City as more fully detailed in the Act.
(t)
"PARADE" means any procession or body of pedestrians
numbering more than 30 standing, marching or walking
anywhere on a street or any procession or group of vehicles
numbering 10 or more stopped or moving anywhere on a street
but does not include a funeral procession or a procession of
members of vehicles of Her Majesty's Armed Forces.
(u)
"PARK" means to stand a vehicle whether occupied or not,
whether running or not, except when it is caused to stand
temporarily for the purpose of, and while actually engaged in,
loading or unloading, or in obedience to an officer or a traffic
control device, and "PARKING" has a corresponding meaning.
(v)
"PARKING STALL" means a space intended for the parking of
a single vehicle in an off street parking area or a parking lot
located on private property designated by lines painted on the
surface of the parking area or by some other means.
Consolidated Traffic By-Law # 1733-2007
Page 4
(w)
"SIDEWALK" means that portion of a street between the curb
or the edge of a roadway and the adjacent property line that has
been improved and is intended for the use of pedestrians.
(x)
"STORE" means to place items, vehicles, etc. in a location for
an extended period of time.
(y)
"STREET" means a highway over which the City of Thompson
has jurisdiction.
(z)
"TAXI STAND" means any area designated as such pursuant
to Section 15(2) of this By-law.
(aa)
"TRAFFIC CONTROL DEVICE" means a sign, signal, light,
pedestrian corridor, school corridor, marking or device, not
inconsistent with The Act, placed or erected for the purpose of
regulating, warning or guiding traffic.
(ab)
"TRAILER" in this By-law shall have the same definition as that
contained in the "HIGHWAY TRAFFIC ACT" .
(ac)
"TRUCK" in this By-law shall have the same definition as that
contained in the "HIGHWAY TRAFFIC ACT" excepting that for
Section 25(1) of this By-law a truck that.
(i)
has a gross weight, including its load, not
exceeding 3700 kilograms, and
(ii)
is not being used for a commercial purpose at the
time is excepted;
(ad)
"TRUCK ROUTE" means the routes designated as such under
Section 25(1) and Schedule C or D to this By-law and those
streets or portions of streets within the City designated as
"Routes", "Provincial Trunk Highways" or "Provincial Road"
pursuant to the "HIGHWAY TRAFFIC ACT" and regulations
made thereunder.
(ae)
"VEHICLE" in this By-law shall have the same definition as that
contained in the "HIGHWAY TRAFFIC ACT" but shall also, for
the purposes of this By-law, include All Terrain Vehicles and
Snow Mobiles.
Consolidated Traffic By-Law # 1733-2007
Page 5
3.
SCHEDULES
(1)
The Schedules to this By-law are part of this By-law and shall
be identified by the signature of the Mayor and City Manager or
their designate.
(2)
Council may, by Resolution, make any changes it deems
appropriate to the Schedules attached to this By-law.
I.
REGULATION OF STREETS
4.
ONE-WAY STREETS AND LANES
(1)
The streets or portions of streets and lanes or portions of lanes
referred to in Schedule A to this By-law are hereby designated
as one-way.
(2)
No person shall drive or operate a vehicle or a bicycle upon a
one-way lane or street except in the direction specified in
Schedule A hereto for that one-way street or lane.
5.
SPEED LIMITS
No person shall drive a vehicle at a rate of speed greater than 30
kilometres per hour:
(a)
on any lane;
(b)
in the area known as the City Recreation Grounds;
(c)
on a street in an area where signs are posted indicating that
personnel and equipment are working.
6.
U-TURNS
No person shall turn a vehicle so as to proceed in the opposite
direction at a place on a street where a traffic control device prohibits
the making of a u-turn.
Consolidated Traffic By-Law # 1733-2007
Page 6
7.
DIRECTION OF TRAVEL AT APPROACHES
(1)
Where a traffic control device is erected at or near an approach
bearing the words "No Entrance" or "No Exit" or words to the
same effect, or restricting or regulating the mode of entrance to
or exit from an approach, the driver of every vehicle shall obey
the direction on any such traffic control device.
(2)
No person shall obstruct or cause the obstruction of the regular
flow of traffic on a street except as permitted under the
"HIGHWAY TRAFFIC ACT" or the provisions of this By-law.
8.
TEMPORARY TRAFFIC CONTROL DEVICES
(1)
The Director of Public Works or his designate is hereby
authorized, in an emergency or while work of construction,
repair or painting is being carried on, including street cleaning
and snow removal operations, to place and maintain such
temporary traffic control devices as are required, while those
conditions prevail, to control, regulate or guide traffic in an
orderly manner.
(2)
Any person undertaking work upon or adjacent to a street which
may in any way interfere with or obstruct the normal use of the
street shall place and maintain such temporary traffic control
devices as may be required by the City while such work is being
completed.
(3)
Every person shall obey the instructions of a traffic control
device placed under Section 8(1) or 8(2) of this By-law, unless
directed to do otherwise by a peace officer.
9.
SKATEBOARDS PROHIBITED
No person shall ride upon or use skateboards, skis, skates, roller
skates of any type, toy vehicles or similar devices on a street without
the prior written approval of Council.
Consolidated Traffic By-Law # 1733-2007
Page 7
10.
HORSE DRAWN CARRIAGES
No person shall ride a horse or drive a horse drawn vehicle:
(a)
on any street within the City from one hour after sunset to one
hour before sunrise; or
(b)
on any street within the City south of the Burntwood River
except with the prior authorization of the Chief of Police.
11.
PARADES
(1)
No person shall hold, take part in or be a member of a parade
unless:
(a)
the parade is under the direction or control of a marshal
or organizer; and
(b)
a permit has been issued authorizing the parade as
provided under Section 11(3) hereof.
(2)
Any person desiring to hold a parade shall apply in writing to the
License Inspector for a permit no later than seven (7) calendar
days prior to the proposed commencement of the parade which
application shall set out the following information regarding the
proposed parade:
(a)
the nature of the parade;
(b)
date and hour of proposed commencement;
(c)
place of formation and dispersal;
(e)
estimated length; and
(f)
person to be named as permittee.
(3)
The License Inspector or his designate may issue a permit for a
parade subject to approval by Thompson Fire and Emergency
Services and the R.C.M.P., who may impose terms as to time,
marshalling and route of the parade and subject to compliance
with all by-laws of the City.
Consolidated Traffic By-Law # 1733-2007
Page 8
(4)
The permittee shall, at the time of issuance of the permit, pay a
fee equal to the costs of publishing notice of the parade and
such diversion of traffic required to hold the parade.
(5)
The permittee shall comply with the terms specified in the
parade permit.
(6)
Unless so directed by an Officer, it shall be an offence for any
person, other than the operator of an emergency vehicle, to
drive a vehicle through a parade.
(7)
Pedestrians shall not walk through a parade while a parade is in
motion.
12.
FUNERAL PROCESSIONS
In the case of a funeral procession indicated as such by the headlamps
of all the motor vehicles therein being lighted:
(a)
if the driver of the leading vehicle therein has complied with
Section 85 and 88 of the "HIGHWAY TRAFFIC ACT", the driver
of each of the other vehicles therein, upon approaching a traffic
control signal showing a red traffic control light or a stop sign,
shall cause the vehicle to slow down or stop as may be
necessary for safety, but may then proceed cautiously past the
traffic control signal or stop sign; and
(b)
after passing the traffic control signal or stop sign, the driver of
each of the other vehicles in the procession shall have the right
of way over all other vehicles upon the highway at the
intersection or place where the signal or sign is situated. In the
event any vehicle is separated from the procession the four-way
flashers should be disengaged and normal driving practices
resumed unless and until such vehicle is again in direct line with
the procession at which time the four-way flashers should again
be lighted.
Consolidated Traffic By-Law # 1733-2007
Page 9
13.
GENERAL TRAFFIC REGULATIONS
(1)
Avoiding conflict with Fire Apparatus.
(a)
It shall be an offence for any person, except by direction
of the Fire Chief, or his designate, to drive or bring any
vehicle within 30 meters of any fire apparatus on route to
or at the scene of a fire.
(b)
The City may have any vehicle which is lawfully parked in
or upon any roadway or lane at the scene of any fires in
the City that by its location restricts or impedes the ability
of the fire crews to perform their duties towed to the
nearest available parking area.
(c)
The person responsible for ordering the vehicle to be
towed shall immediately notify the R.C.M.P. and the City
Inspections Department of such action stating where the
vehicle was removed from, where it was relocated to, the
reason for such relocation, and a description of the
vehicle involved. Under such circumstances, the City
shall be responsible for all related towing charges.
Vehicles which are unlawfully parked shall be removed at
the owners expense in accordance with Section 22
herein.
(2)
Driving through Barricaded Streets.
Unless otherwise directed by an Officer or a traffic control
device, it shall be an offence for any person to drive a vehicle,
except vehicles engaged in related construction, on any portion
of a street roped, barricaded or otherwise indicated by the
proper authority as being closed to traffic temporarily or
permanently.
(3)
Vehicles not to damage roadways.
It shall be an offence for any vehicle having tracks, corrugated
or flanged metal wheels, or any device which is dragged or
hauled without wheels, or any thing so constructed or loaded in
such a manner as to damage the roadway, to be driven or
hauled along, upon or across any of the roadways in the City;
provided that should it unavoidable to operate over any of the
roadways, the owner or operator shall first obtain written
permission from the Director of Public Works, or his designate,
and shall be responsible for any damage done to the pavement
or other surface of any roadway. Such repairs will be carried out
Consolidated Traffic By-Law # 1733-2007
Page 10
by the City and costs paid by the owner and/or operator of the
vehicle which damaged the roadway.
(4)
Blocking intersections.
Notwithstanding any traffic control device indication to proceed,
it shall be an offence for any driver of a vehicle to enter an
intersection unless there is sufficient space on the other side of
the intersection to accommodate the vehicle without obstructing
the passage of pedestrians or other traffic.
(5)
Restricted use of Bus Stops and Taxicab Stands.
It shall be an offence for any person to stop or stand or park a
vehicle, other than a mass transit vehicle in a Bus Stop or a
taxicab in a Taxicab Stand. Vehicles in violation may be ticketed
or towed away in accordance with the provisions of this By-law.
(6)
It shall be an offence for any person to drive, ride or back a
vehicle on, across or along any boulevard, sidewalk or curb at
anyplace other than an authorized approach or driveway.
(7)
It shall be an offence for any person to perform maintenance on
a vehicle on public property or a street.
II.
PARKING
14.
LOADING ZONES AND TAXI STANDS
Council shall, by resolution, establish all;
-
Taxi Stands
-
Bus Stops
-
Loading Zones
15.
METHOD OF PARKING
No person shall stop or park a vehicle on any street other than parallel
with the curb with the front of the vehicle heading in the direction of
vehicular traffic movement for that side of the street and its curb side
wheels within fifty centimetres of the curb and with a clear space of at
least 1.21 meters existing immediately ahead of and behind the
vehicle.
Consolidated Traffic By-Law # 1733-2007
Page 11
16.
PROHIBITIONS
(1)
No person shall park a vehicle:
(a)
on a lane;
(b)
in a loading zone whether the vehicle is occupied or not
except temporarily for the purpose of and while actually
engaged in loading or unloading that vehicle;
(c)
in a taxi stand other than a taxi provided that the driver
does not leave the taxi unattended;
(d)
on a boulevard, except where said vehicle is parked
within the bounds of an approved driveway and approach
and does not obstruct a sidewalk or walkway;
(e)
on a curb;
(f)
within an intersection or within 9 metres thereof except
where otherwise indicated by a traffic control device;
(g)
on a roadway side of a vehicle stopped or parked at the
edge of the curb of a roadway (no double-parking);
(h)
on a sidewalk;
(i)
within 3 meters of a fire hydrant;
(j)
on a street in an area where parking is prohibited as
designated by signs;
(k)
in an area specifically prohibited in this By-law.
(2)
Where a traffic control device is placed or maintained:
(a)
to prohibit the stopping, standing or parking of vehicles at
any time during the hours on the traffic control device, on
the street or any portion thereof; or
(b)
to limit the time during which vehicles may be parked on
the street or any portion thereof, either during the whole
of any day or during a part thereof;
Consolidated Traffic By-Law # 1733-2007
Page 12
no person shall stop or park a vehicle or cause or permit a
vehicle to remain stationary on the street or portion thereof to
which the traffic control device relates, in contravention of the
traffic control device or for period longer than, or otherwise than
as authorized, by the traffic control device.
(3)
No person shall park a vehicle on a street or on any property
owned or controlled by the City for a period of time longer than
twenty-four hours in any one location without prior written
approval from the License Inspector. Such approval shall only
be granted once.
(4)
No person shall park a trailer, bus, motor home or truck with a
rated capacity of more than one ton on a street in any one
location for a period of time longer than two hours except for the
purpose of and while actually engaged in loading and unloading.
(5)
For the purposes of this section, any vehicle, which having been
parked in a location where parking of that vehicle is restricted to
definite time limits or time periods, is deemed to remain parked
in that location until moved through an intersection.
(6)
No person shall remove, obliterate or deface a mark made or
placed upon a vehicle by a peace officer pursuant to Section
21(1) hereof while that vehicle remains parked.
(7)
No person, other than the owner or person having charge of a
vehicle, shall remove a ticket or notice placed on the vehicle by
a peace officer to notify the owner or person in charge of the
vehicle of an alleged contravention of this By-law relating to the
stopping or parking of vehicles.
(8)
No person shall attach an electrical cord or other device
between a vehicle parked on a street and a building, outlet or
device located upon private or public property.
(9).
Where stalls or allotments are designated or marked out within
any parking area, every person parking a vehicle within any
such area shall park the same so that the vehicle shall conform
to the direction of parking and be wholly within the boundaries of
such stall or allotment. Failure to do so shall constitute an
offence under this By-law.
Consolidated Traffic By-Law # 1733-2007
Page 13
(10)
It shall be an offence for any person to park a vehicle in a
parking lot on either public or private property, whether lined or
unlined in such a manner as to impede the free flow of traffic
within such lot, or in a manner that prevents or restricts the
movement of other vehicles.
(11)
It shall be an offence for any person to park a vehicle or a trailer
that does not have attached thereto, and exposed thereon, one
or more license plates for the current registration year on a
street or public property.
17.
PARKING DURING STREET MAINTENANCE
[AM B/L 1781-2008]
(1)
For the purposes of a street maintenance operation within any
area specified in Schedule B, portable signs indicating that
parking is prohibited shall be placed at the places specified in
Schedule B for that area by no later than 12:00 noon on the day
prior to commencement of the street maintenance operation and
such signs shall be maintained until completion of the operation.
(2)
Where signs have been placed in compliance with Section 17(1)
hereof, no person shall park a vehicle on a street in an area
where a street maintenance operation is underway.
(3)
No person shall stop, stand or park a vehicle on residential
streets during recycle and refuse collection day.
[AM B/L 1848-2011]
18.
PARKING DURING SNOW REMOVAL
[AM B/L 1781-2008]
(1) For the purpose of snow removal no person shall stop, stand or park a
vehicle on any street within the City limits between and including
November fifteenth (15th) and March thirty-first (31st) between the
hours of 6:00 a.m. and 6:00 p.m. Monday through Friday.
(2) Any vehicle found in contravention of Section 18(1) shall be ticketed
and fined in the amount set forth in the City of Thompson Inspections
and Enforcement Services Fee and Fine Schedule.
Consolidated Traffic By-Law # 1733-2007
Page 14
19.
PARKING FOR PHYSICALLY DISABLED
(1)
No person shall stop, stand or park a motor vehicle in a
designated parking space within the City or in a manner that
makes such a designated parking space inaccessible unless a
permit is displayed in the vehicle and is used in accordance with
the "HIGHWAY TRAFFIC ACT" and the regulations under that
Act.
(2)
For the purpose of this Section, designated parking space and
permit have the same meaning attributed to those terms under
S.124.1 of the "HIGHWAY TRAFFIC ACT".
( i)
"Designated Parking Space" means a parking space
designated by signs or pavement markings as being for
the use of motor vehicles displaying a permit and that is
located:
(a)
On a Highway;
(b)
In a public parking lot or facility or;
(c)
In a private parking lot or facility to which the
public has access.
(ii)
"Permit" means a physically disabled person's parking
permit issued under Section 124.3 of The Highway Traffic
Act.
20.
PARKING ON PRIVATE PROPERTY
(1)
No person shall park or leave a vehicle on private property on
which there is erected and maintained a sign indicating that the
parking of vehicles thereon is prohibited.
(2)
No person shall park or leave a vehicle on private property,
without the permission of the owner, occupant, or the person in
charge or control of the property, on which there is erected and
maintained a sign indicating that unauthorized parking of
vehicles thereon is prohibited.
(3)
No person shall park, leave, or store a vehicle or trailer on the front
yard of a residence, unless there is a designated parking area
thereon that has been approved by the Director of Public Works or
Consolidated Traffic By-Law # 1733-2007
Page 15
his designate. Such a designated parking area must be situated at
a minimum of ten (10) feet from the curb.
[AM B/L 1781-2008]
(a)
No person shall park, leave, or store a tow truck on public
or
private property located in a residential zone.
[AM B/L 1758-2008]
(b)
The maximum width of a driveway may not exceed more
than 7.6m or one third (⅓) the total width of a property,
whichever is the lesser,
(c)
A property owner must apply in writing to the Manager of
Assets and Infrastructure or his designate for an
extension of the width of a driveway,
(d)
An extension of a driveway may exceed the maximum
width of a driveway, as stated in subsection (b), up to an
additional five percent (5%) at the discretion of the
Manager of Assets and infrastructure or his designate.
(e)
In the case where an addition is granted it will be noted in
the property's property file at City Hall,
(f)
An area in the front yard of a property may not be
considered a driveway until an appropriate base of
concrete, asphalt, interlocking brick or gravel is in place,
(g)
In the case where a property owner wishes to expand the
size of his current driveway the base material must
remain consistent for the new portion of the driveway as
with what is in place on the current driveway,
(h)
Any damage that occurs to city properties during the
construction of an extension of a driveway will be
replaced or repaired at the applicant's expense,
(i)
The CITY will not replace any portion of a driveway
extension due to excavation of under ground services,
(j)
Properties located in the Burntwood Trailer Court are
exempt from subsections (b), (c), (d), (e), (f), (g), (h), and
(i)."
[AM B/L 1848-2011]
(4)
That the owner, occupant, or person in charge or control of private
property who wishes to take advantage of this By-law shall erect
Consolidated Traffic By-Law # 1733-2007
Page 16
and maintain thereon a clear and legible sign in a conspicuous
place on the property.
Such sign shall indicate:
i.
that parking of vehicles thereon is prohibited; or
ii.
that unauthorized parking of vehicles is prohibited.
Such sign, where practicable, shall be in a form in accordance with
the Manual of Uniform Traffic Control Devices for Canada 1998 as
amended from time to time.
(5)
That notwithstanding any other provision of this By-law where a
prosecution for an offence under this By-law is commenced by way
of an offence notice as provided for in The Summary Convictions
Act, S.M. 1985 - 86 C.4 - Cap S230, the amount of the fine which
shall be set out in the offence notice in respect of the alleged
offence shall be that set forth in City of Thompson Inspections and
Enforcement Services Fee and Fine Schedule.
(6)
That Council may from time to time, by resolution, designate or
modify a list of garage keepers as vehicle pound keepers.
(7)
That where a vehicle is removed from private property pursuant to
Section 22 of this By-law, prosecution for an offence under this By-
law shall not be commenced by way of an offence notice.
21.
EXCEPTIONS
The provisions of this By-law prohibiting or regulating parking, stopping
and standing do not apply to:
(a)
vehicles of the police department of the City;
(b)
vehicles owned or employed by the City while in use in connection
with work of necessity being done while in or near a street
requiring the vehicles to be stopped or parked in contravention of
such provisions;
(c)
vehicles of the Government of Canada, the Government of
Manitoba or a public utility while such vehicles are actually
engaged in work of necessity on or near a street requiring the
vehicles to be stopped or parked in contravention of such
provisions.
22.
ENFORCEMENT
Consolidated Traffic By-Law # 1733-2007
Page 17
(1)
A peace officer or Designated Officer of the City of Thompson
for the purpose of enforcing the provisions of this By-law, or any
other By-law or regulation of the City respecting the parking of
vehicles, may make or place a mark upon a vehicle which is
parked on a street.
(2)
Any vehicle that is stopped or parked in contravention of any
provision of this By-law may be removed at the direction of the
"Designated Officer" or a Peace Officer and the costs of any
such removal shall be payable by the owner.
(3)
Whenever any motor vehicle is found parked or left in violation
of any provision of this By-law, and such vehicle is not removed
and impounded as provided for in this By-law, an Officer, on
finding such vehicle, shall conspicuously affix a traffic ticket to
such vehicle. The ticket shall contain the license plate number
and such other information describing the vehicle as the Officer
determines to assist in identifying the owner or operator of the
vehicle.
23.
REMOVAL & IMPOUNDING OF UNLAWFULLY PARKED VEHICLES
(a)
Any vehicle may be towed from a street, off street parking area
or private parking lot when:
(1)
The vehicle has been previously ticketed, on at least one
occasion, for a breach of this or other by-laws, or breach
of The Highway Traffic Act, or;
(2)
In the opinion of an Officer, the vehicle:
i.
is impeding traffic flow; or
ii.
is restricting access to or from a street; or
iii.
is a hazard to other vehicle operators; or
iv.
is a hazard to pedestrians; or
v.
is a hazard to private or public property.
(3)
For the purposes of paragraph (1) above, such prior
breach may be a continuing offence where the vehicle
has not been moved since being ticketed previously or,
alternatively, where the same vehicle has been ticketed
previously for the same or similar offences so as to
constitute, to the Officer involved, a course of conduct
contrary to the provisions of this or other By-laws or The
Highway Traffic Act.
Consolidated Traffic By-Law # 1733-2007
Page 18
(b)
Any vehicle may be towed from a street, off street parking area
or private parking lot when it:
1. occupies or partially occupies a fire lane or other
emergency access lane; or
2. occupies a bus stop; or
3. is parked within 3 metres of a fire hydrant; or
4. is double parked; or
5. is parked in an area designated as "no stopping anytime";
or
6. does not have attached thereto, and exposed thereon,
one or more license plates for the current registration
year.
III.
GENERAL STREET PROVISIONS
24.
NUISANCE AND DANGEROUS CONDITIONS
(1)
It shall be an offence for any person to throw, pile, deposit, or
leave any articles, merchandise, water or material of any kind in
or upon any street or boulevard or to carry out or permit any
action causing or resulting in the creation of a nuisance or
dangerous condition in or on any street or boulevard, but this
section shall not be construed to interfere with the reasonable
use of a portion of a street or boulevard for a reasonable time
during the taking in or delivery of goods, wares or merchandise
as provided for herein, or as may be required under the City's
Solid Waste By-law.
(2)
It shall be an offence for any person to remove from any private
property, public property, street, boulevard, or sidewalk any
snow or ice and deposit same on any street, boulevard, or
sidewalk in such a manner that could create a hazardous
condition for either vehicular or pedestrian traffic.
(3)
Subsection (2) shall not apply to the City, the Department of
Highways, their agents or employees who are actively engaged
in snow removal from streets, boulevards, or sidewalks in the
course of their employment or fulfillment of contract.
(4)
It shall be an offence for any owner or occupier of any land to
allow any part of a tree, shrub or sapling growing thereon to
extend over or upon any street or sidewalk so as to interfere
Consolidated Traffic By-Law # 1733-2007
Page 19
with, impede or endanger persons using such street or
sidewalk. When deemed necessary for the convenient and safe
use of a street or sidewalk, the Superintendent of Recreation,
Parks and Culture may, after notice, cause any tree, sapling or
shrub growing or planted on any land adjoining the street or
sidewalk right-of-way and encroaching thereon to be trimmed
and the cost thereof shall be charged to the owner of the
property on which the tree, sapling or shrub is growing and may
be collected in the same manner as ordinary municipal taxes.
IV.
TRUCK ROUTES AND WEIGHT RESTRICTIONS
25.
TRUCK ROUTES
(1)
The routes specified in Schedule E and F hereto are hereby-
designated truck routes.
(2)
"Truck route" signs shall be placed and maintained on all streets
and sections of streets designated as truck routes pursuant to
Section 24(1) hereof.
(3)
The Mayor shall keep and maintain a current map identifying
those streets or sections of streets within the City which are
truck routes and shall provide a copy of such map to any
member of the public requesting same at no charge.
26.
OPERATION ON TRUCK ROUTES
(1)
Subject to Section 25(2) hereof, a person shall only operate a
truck or truck tractor within the City upon a truck route.
(2)
A person who is driving a truck or a truck tractor in the course of
business upon a street which is not a truck route is not in
contravention of Section 25(1) hereof if in driving upon that
street;
(a)
he is operating the truck or truck tractor from a truck
route to a destination which cannot be reached using a
truck route by the shortest possible route; or
(b)
he is returning from the destination referred to in Section
25(2)(a) hereof to a truck route by the shortest possible
route.
Consolidated Traffic By-Law # 1733-2007
Page 20
27.
WEIGHT RESTRICTIONS
(1)
No person shall drive or operate a vehicle or combination of
vehicles on a truck route where the gross weight of that vehicle
or combination of vehicles exceeds the maximum gross vehicle
weight specified in Schedule E hereto for that truck route.
(2)
No person shall drive or operate a vehicle or combination of
vehicles on a truck route if the gross weight of any axle
assembly or group of axle assemblies on that vehicle or
combinations of vehicles exceeds one or more of the maximum
weight prescriptions for axle assemblies specified in Schedule E
hereto.
(3)
The Mayor is hereby authorized to place and maintain
temporary traffic control devices to limit the weight of vehicles
operating upon any street during periods of the year when
damage to such street would otherwise reasonably be expected
to occur.
(4)
No person shall operate a vehicle upon a street in contravention
of a traffic control device placed pursuant to Section 26(3)
hereof.
(5)
The Mayor, at his discretion, may issue a permit to allow a
vehicle to be operated without compliance with the weight
restrictions imposed pursuant to this By-law provided the
applicant for such permit:
(a)
furnishes satisfactory evidence of the vehicle and axle
assembly weights;
(b)
provides particulars of the trip including its purpose, date
and time and proposed route;
(c)
pays the sum of $20.00.
which permit shall only be valid for the time and route specified
in the permit.
V.
DANGEROUS GOODS
28.
DANGEROUS GOODS
Consolidated Traffic By-Law # 1733-2007
Page 21
(1)
No person shall operate a vehicle containing dangerous goods
any place within the City of Thompson other than on the
dangerous goods route specified in Schedule F hereto.
(2)
No person shall park a vehicle containing dangerous goods any
place within the City except in the dangerous goods parking
area specified in Schedule F hereto.
(3)
Section 27(1) and (2) of this By-law shall not apply to prohibit a
person from:
(a)
transporting a dangerous good from any place where it
may be lawfully stored to any place where it may be
lawfully delivered provided that the most direct route is
used to transport the dangerous good from the storage
location to the point of delivery;
(b)
parking a vehicle for the purpose of delivering a
dangerous good at a location where the dangerous good
may be lawfully delivered for the period of time necessary
to off-load that dangerous good.
(4)
Notwithstanding any other provision in this By-law to the
contrary, no person shall park a vehicle containing a dangerous
good any place in the City of Thompson without the prior
approval of the Fire Chief.
29.
LIABILITY
(1)
Any person who causes or permits an offence against this By-
law is guilty of an offence.
(2)
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
Consolidated Traffic By-Law # 1733-2007
Page 22
conviction, to the penalty herein provided for that offence unless
the owner 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.
(3)
Nothing in subsection (2) relieves the driver of the motor vehicle
from any liability to conviction of the offence to which they may
be subject.
30.
SEVERABILITY
If any provision of this By-law be contrary to any express provisions of
any applicable statute or be otherwise beyond the powers of the City to
enact, such impugned provision shall be read subject thereto and
except as aforesaid this By-law and all provisions thereof shall be valid
and binding.
31.
EFFECTIVE DATE
This By-Law shall come into force and effect on the day following the
date of Third Reading.
32.
REPEAL
By-laws numbered 1420-92, 1430-92, and 1654-99 are hereby
repealed.
READ A FIRST TIME THIS 4th DAY OF JUNE, 2007 A.D.
READ A SECOND TIME THIS 18th DAY OF JUNE, 2007 A.D.
READ A THIRD TIME THIS 18th DAY OF JUNE, 2007 A.D.
Consolidated Traffic By-Law # 1733-2007
Page 23
DONE AND PASSED IN COUNCIL ASSEMBLED THIS 18th DAY OF JUNE,
2007 A.D.
THE CITY OF THOMPSON
PER: Tim Johnston___
Mayor
PER: Lynn Taylor_____
City Manager
SCHEDULE "A"
TO BY-LAW NUMBER 1733-2007
Consolidated Traffic By-Law # 1733-2007
Page 24
DESIGNATED ONE-WAY STREETS AND LANES IN THE CITY OF
THOMPSON
1. The Public Lane which is a portion of Plan 740 and running
between properties facing Selkirk Avenue and others facing on
Hemlock Crescent in a direction for southeasterly bound traffic
proceeding from Cree Road towards Selkirk Avenue.
2. That portion of the Norplex Pool entrance shown on Addendum I to
this Schedule in a direction indicated on Addendum I.
THIS IS SCHEDULE "A" TO THE
CITY OF THOMPSON BY-LAW NUMBER 1733-2007
Tim Johnston
MAYOR
Lynn Taylor
CITY MANGER
SCHEDULE "B"
TO BY-LAW NUMBER 1733-2007
[AM B/L 1781-2008]
Consolidated Traffic By-Law # 1733-2007
Page 25
SIGNAGE OF STREET CLEANING OPERATONS
JUNIPER AREA
Sign on Juniper at Cree Road
Sign on Hemlock at Cree Road
Sign on Oak at Thompson Drive
Sign on Spruce at Mystery Lake Road
Sign on Juniper at Selkirk
RIVERSIDE AREA
Sign on Riverside at Thompson Drive
Sign on River Road at Riverside Drive
Sign on Riverside at Mystery Lake Road
Sign on Quartz at Nickel Road
EASTWOOD -SOUTH OF STATION ROAD
Sign on Princeton Drive at Station Road
Sign on Princeton Drive at Mystery Lake Road
EASTWOOD -AREA BETWEEN STATION ROAD AND WATERLOO
Sign on Princeton Drive at Station Road
Sign on Brandon Crescent at Station Road
Sign on Princeton Drive at Waterloo
Sign on Brandon Crescent at Waterloo
EASTWOOD - AREA NORTH OF WATERLOO
Sign on Cambridge at Waterloo
Sign on Yale Avenue at Nelson Road
WESTWOD AREA
Sign on Arctic Drive at Westwood Drive
Sign on Westwood North at Thompson Drive
Sign on Westwood South at Thompson Drive
Sign on Manasan at Westwood Drive
BURNTWOOD WEST AREA
Sign on Wekusko at Arctic Drive
Sign on Manasan at Westwood
Consolidated Traffic By-Law # 1733-2007
Page 26
BURNTWOOD AREA
Sign on Rankin at Arctic Drive
Sign on Wolf at Arctic Drive
Sign on Baffin Crescent at Arctic Drive
Sign on Wolf at Wolf
PARKWAY AND GREENWAY
Sign on Greenway Crescent at Thompson Drive
Sign on Greenway Crescent at Thompson Drive
Sign on Broadway at Thompson Drive
DEERWOOD AREA
Sign on Lynx at Thompson Drive
Sign on Selkirk Extension at Caribou
Sign on Deerwood at Cree Road
Sign on Wolf Street at Thompson Drive
Sign on Beaver at Thompson Drive
NEW MOBILE HOME SUBDIVISION
Sign on Campbell at Weir Road
Sign on Arctic Drive at Weir Road
SOUTHWOOD SUBDIVISION
Sign on Elder at Cree Road
Sign on Maple at Thompson Drive
Sign on Oak at Thompson Drive
Sign on Oak at Burntwood Road
Sign on Cedar at Thompson Drive
THE FOLLOWING AREAS WILL BE SIGNED ON THE END OF EACH
STREET IF REQUIRED PRIOR TO CLEANING:
(1)
GREY WOLF BAY
Consolidated Traffic By-Law # 1733-2007
Page 27
(2)
CORAL CRESCENT
(3)
GOLDEYE CRESCENT
(4)
ARCTIC DRIVE
(5)
BURNTWOOD TRAILER COURT
(6)
FOX BAY
(7)
UPTOWN AREA
(8)
INDUSTRIAL AREA
(9)
ELIZABETH DRIVE
(10)
COMMERCIAL PLACE
THIS IS SCHEDULE "B" TO THE
CITY OF THOMPSON BY-LAW NUMBER 1733-2007
Per: _____________________________
Mayor
Per: _____________________________
City Manager
SCHEDULE "C"
TO BY-LAW NUMBER 1733-2007
TRUCK ROUTE
Consolidated Traffic By-Law # 1733-2007
Page 28
ROAD OR STREET
FROM
TO
Burntwood Road
Hayes Road
Cree Road
Churchill Drive
Selkirk Avenue
Public Thoroughfare
Churchill Drive
Selkirk Avenue
Mystery Lake Road
Commercial Place
Thompson Drive
Thompson Drive
Crane Street
Treeline Avenue
Hearne Avenue
Cree Road
Seal Road
Thompson Drive North
Elizabeth Drive
Mystery Lake Road
Mystery Lake Road
Hearne Avenue
Gay Street
Crane Street
Knife Crescent
Cree Road
Cree Road
Nelson Road
Mystery Lake Road
Yale Avenue
Public Thoroughfare
Churchill Drive
West Limit Lot 37
Public Thoroughfare
Selkirk Avenue
Thompson Drive North
Seal Road
Hayes Road
Cree Road
Thompson Drive
Mystery Lake Road South MysteryLakeRd.North
Thompson Drive North
Mystery Lake Road
Nelson Road
Treeline Avenue
Gay Street
Crane Street
Weir Road
Hayes Road
Wolf Street
THIS IS SCHEDULE "C" TO THE
CITY OF THOMPSON BY-LAW NUMBER 1733-2007
Tim Johnston
MAYOR
Lynn Taylor
CITY MANAGER
SCHEDULE "D"
TO BY-LAW NUMBER 1733-2007
Consolidated Traffic By-Law # 1733-2007
Page 29
TRUCK ROUTE
ROAD OR STREET
FROM
TO
Berens Road
Mystery Lake Road
Hayes Road
Burntwood Road
Mystery Lake Road
Hayes Road
Gay Street
Treeline Avenue
Hearne Avenue
Government Air Division
Mystery Lake Road
Burntwood River
Road (Jasper Avenue)
(Highway #6)
Hayes Road
Seal Road
Burntwood Road
Hearne Avenue
Station Road
Gay Street
Mystery Lake Road
South Boundary of City
North Boundary of City
Seal Road
Mystery Lake Road
Hayes Road
(Highway #6)
Severn Crescent
Seal Road
Hayes Road
Station Road
Mystery Lake Road
Hearne Avenue
Treeline Avenue
Station Road
Gay Street
THIS IS SCHEDULE "D"TO THE
CITY OF THOMPSON BY-LAW NUMBER 1733-2007
Tim Johnston
MAYOR
Lynn Taylor
CITY MANAGER
SCHEDULE "E"
TO BY-LAW NUMBER 1733-2007
Consolidated Traffic By-Law # 1733-2007
Page 30
MAXIMUM GROSS WEIGHT OF VEHICLES AND AXLE ASSEMBLIES ON
TRUCK ROUTES
1.
Maximum gross weights for any combination of vehicles:
(a) For truck routes specified in Schedule E - 36,500 kilograms
(b) For truck routes specified in Schedule F - 56,500 kilograms
2.
Maximum weight prescriptions for axle assemblies for truck routes
specified in Schedule E and F:
(a) Maximum gross weight of any axle assembly - 9,000 kilograms
(b) Maximum gross weight of any group of two or more axle
assemblies where the distance between the centres of the
leading and rear axles of the group is between one (1) meter
and three (3) meters - 4,500 kilograms
(c) Maximum gross weight of any axle assembly for each ten (10)
millimetres of width of tires on the wheels of that axle assembly
- 90 kilograms
THIS IS SCHEDULE "E" TO THE
CITY OF THOMPSON BY-LAW NUMBER 1733-2007
Tim Johnston
MAYOR
Lynn Taylor
CITY MANAGER
SCHEDULE "F"
TO BY-LAW NUMBER 1733-2007
DANGEROUS GOODS ROUTE AND PARKING AREA
Consolidated Traffic By-Law # 1733-2007
Page 31
THIS IS SHEDULE "F" TO THE
CITY OF THOMPSON BY-LAW NUMBER 1733-2007
Tim Johnston
MAYOR
Lynn Taylor
CITY MANAGER
SCHEDULE "G"
TO BY-LAW NUMBER 1733-2007
Consolidated Traffic By-Law # 1733-2007
Page 32
REMOVED AS PER AMENDMENT BY-LAW #1781-2008 - SEE THE CITY
OF THOMPSON INSPECTION AND ENFORCEMENT SERVICES FEE AND
FINES SCHEDULE
Any person who contravenes, disobeys or violates, or refuses, omits, neglects
or fails to observe, obey or comply with:
(1)
Section 18 of this By-law is guilty of an offence and is liable on
conviction to a fine of fifty dollars ($50.00).
(2)
Section 24(1) or (2) of this By-law is guilty of an offence and is
liable on conviction to a fine of not less than three dollars
($3.00) for each fifty (50) kilograms, or fraction thereof, by which
the gross weight of the vehicle or axle assembly exceeds the
applicable maximum allowable gross weight prescribed in the
Schedules hereto provided that in no event shall the fine
imposed be less than:
(a)
twenty-five dollars ($25.00) on a first offence;
(b)
fifty dollars ($50.00) on a second offence;
(c)
one hundred dollars ($100.00) on a third or subsequent
offence.
(3)
Section 15, 16(1), 16(3), 16(4), 16(6) 16(8), 16(9), 16(10),
16(11), 17(2) or 19(5) of this By-law is guilty of an offence and is
liable on conviction to a fine not less than fifty dollars ($50.00).
(4)
Any other provision of this By-law is guilty of an offence and is
liable on conviction to a fine not exceeding one hundred dollars
($100.00).
SCHEDULE "G"
TO BY-LAW NUMBER 1733-2007
Consolidated Traffic By-Law # 1733-2007
Page 33
Any person who has been notified by ticket of an allegation that they have
committed an offence contrary to Section 15, 16(1), 16(2), 16(3), 16(6), 16(9),
16(10), 17(2), 18(1), 19(1), 19(5) or 19(2) of this By-Law and who has made
payment in respect of that ticket as hereinbefore provided, will not thereafter
be prosecuted for the offence specified in the ticket. Payment may be made
during regular business hours at City Hall at the main desk, as follows:
$10.00
if paid within 7 days of issuance of the ticket
$20.00
if paid after 8 days but within 21 days of
issuance of ticket
$50.00
is paid after 21 days of issuance of ticket
In the instance of an offence under Section 18(1) there is no reduction
for early payment.
THIS IS SCHEDULE "G" TO THE
CITY OF THOMPSON BY-LAW NUMBER 1733-2007
Tim Johnston
MAYOR
Lynn Taylor
CITY MANAGER