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TOWN OF VIRDEN
BY-LAW NO. 2093
BEING a By-law of the Town of Virden for the purpose of regulating the traffic of motor
vehicles and other vehicles and bicycles, horses and animals within the Town of Virden.
The Council of the Town of Virden in open Council assembled enacts as follows:
1. In this By-law
"Park" means the standing of any vehicle, whether occupied or not, except
while actually engaged in loading or unloading passengers and goods.
"Vehicle" includes a motor vehicle, trailer, traction engine, and any vehicle
drawn, propelled or driven by any king of power, including muscular power,
or drawn by any animal.
"Traffic" includes ridden, driven, or herded animals and vehicles, and other
conveyance, either singly or together, while using a street for purposes of
travel.
"Driver" means a person who drives or is in actual physical control of any
type of vehicle, and the expressions "drive" and "driving" shall have a
corresponding meaning
"Street" means any place or way of which the public or ordinarily entitled or
permitted to use for the passage of traffic, and includes all the space between
the boundary lines thereof; but does not include any area designed or intended
and primarily used for the parking or motor vehicles and the necessary
passageways thereon
2. All persons driving, operating or using in any way a vehicle on any of the
streets, lanes or other public places within the limits of the Town of Virden
shall in all respects conform to the provisions of this By-law.
3. All traffic including drays, wagons, buggies and other vehicles and bicycles
shall keep as near the right hand side of the traveled portion of the street
wherever practical.
4. All traffic proceeding in opposite directions shall pass each other on the right,
each giving to the other at least one-half of the main traveled portion of the
roadway as nearly as possible, but if a drive finds it impracticable to give to
the other at least one-half of the main traveled portion of the roadway he shall
immediately stop and if required shall assist such other driver to pass in
safety. The main traveled portion of the roadway shall be the portion thereof
available for travel and unobstructed by parked vehicles or other obstructions.
5. The driver of a vehicle passing and overtaking another vehicle shall pass on
the left of such vehicle, and shall not pass in a manner that is not reasonable
and prudent under the conditions and have regard for the actual and potential
hazards then existing. No person driving a vehicle shall overtake and pass
another vehicle in the business section of the Town of Virden or in any closely
built up area of the Town of Virden.
6. A vehicle turning into another street to the right shall turn the corner as near
the right-hand curb as possible.
7. A vehicle turning onto another street to the left shall turn around the left side
of the centre of intersection of the two streets, passing as closely as practicable
thereto.
8. No vehicle shall reverse its direction of travel without first proceeding to an
intersecting street, and turning to the left around the right-hand side of the
centre of intersection of the two streets, excepting those intersections where U
Turns are prohibited.
9. No vehicle shall stop or park with its left side to the curb on a two-way street.
10. "Double Parking" means the standing or parking of two vehicles upon a street
parallel to each other and to the curb or standing parallel upon a street at the
rear of any vehicle angle parked, and is prohibited.
11. No person or persons shall stop or stand a vehicle in a Bus Stop.
12. No person or persons shall stand or park a vehicle on a roadway other than
parallel to the curb unless otherwise designated.
13. No person or persons shall stand or park a vehicle on a sidewalk.
14. No person or persons shall stand or park a vehicle at the entrance of a lane,
driveway or approach so as to obstruct movement of other vehicles requiring
the use of such lane, driveway or approach.
15. No vehicle or any part thereof shall be parked on any street or avenue within
the Town of Virden closer than 5 meters from any intersections or stop signal
or within 2 meters of any fire hydrant; a "stop" signal being defined as a sign
placed on the right-hand side of the street with the word "Stop" and/or "Arret"
printed there on the side facing approaching traffic.
16. The parking of all vehicles is prohibited in those areas of the Town of Virden
where spaces are marked by special solid coloured lines painted or marked
along the curbs of such areas.
17. No vehicle, and this shall include trucks and delivery vehicles, for any
purpose whatsoever, shall be parked or stopped in the Town of Virden except
in such manner that all of the right-hand wheels of such a vehicle are within a
distance of not more than forty-five (45) centimeters from the right-hand curb,
but this method of parking shall not apply to the north west side of Wellington
Street between Sixth and Eighth Avenues in which area all passenger vehicles
shall be parking at a forty-five degree angle. "Passenger vehicle" not to
include trucks or vans or any vehicle liable to impede the vision of the driver
of a passenger vehicle backing out from a position of diagonal parking into
the main stream of traffic.
18. No person, firm or corporation carrying on the business of an automobile
sales agency or of a garage repair shop or a service station shall park any more
than two of its display vehicles or its customer's vehicles on any street
immediately adjacent to such place of business.
19. (1) No trucks with a registered gross weight of over four (4) tonnes, nor any
delivery vehicle, shall park on any of the streets in the Town of Virden except
for loading and unloading and then only for a duration not exceeding fifteen
minutes unless otherwise authorized to do so by the local police authority.
19. (2) No trucks with a registered gross weight of over four (4) tonnes shall
proceed on any of the streets of the Town of Virden except King Street and
5th, 6th, and 7th Avenues north west of King Street except for the purposes of
loading and unloading as provided in Section 19 (1) hereof.
20. (1) Motor vehicles, including trucks and trailers, shall not park on the street
of the Town of Virden continuously for more than 24 hours at any one period
of time.
20. (2) No vehicles shall be driven, or any object moved or drawn, over, upon or
along any street, lane, sidewalk or curb of the Town of Virden in any manner
that is likely to cause damage to such a street, lane, sidewalk or curb.
21. No vehicle shall proceed in reverse to make a turn into another street but shall
proceed in the direction of other traffic.
22. Notwithstanding anything in this By-law contained, the river of any
ambulance or police vehicle traveling in an emergency or a fire department
vehicle responding to an alarm of fire, shall have the right of way over any
street without regard to any posted speed limits.
23. No vehicle shall occupy any street so as to interfere with or interrupt the
passage of other vehicles or park in a manner known as double parking, unless
authorized to do so by the local police authority.
24. In this section "U" turn shall be deemed to mean turning a vehicle at a street
intersection or other place so that the vehicle faces a direction opposite to the
direction in which the vehicle was traveling prior to making the turn, and no
vehicle shall make a "U" turn at the corner of Seventh Avenue and Nelson, or
at the corner of Eighth Avenue and Nelson Street, or at any place that is not a
street intersection, or at the corner of Seventh Avenue and Raglan Street, or at
Seventh Avenue and Princess Street, or any left-hand turn at Seventh and
Nelson Street.
25. (1) A peace officer or any person authorize by the Council of the Town of
Virden may erect temporary signs to prohibit parking or control traffic on any
street or streets within the limits of the Town of Virden for the purpose of
clearing snow, repairing streets, or work of a like nature, or for fairs,
celebrations or occasions which are deemed by the proper authority to require
special traffic control, and the signs so erected shall have the same force and
effort as if passed under the authority of a by-law of the Council of the Town
of Virden.
25. (2) After the erection of any such traffic control signs any vehicle left
standing or parked in contravention of this section shall upon the orders of a
peace officer of any authorized person, be moved forthwith by the owner of
operator thereof and in the event that the said vehicle is not moved pursuant to
such orders, then the peace office or any other authorized person shall be
empowered to take into his custody a vehicle parked or left standing in a
manner mentioned in that section, and may cause it to be moved and to be
taken to the stored in a suitable place, and in the case of a motor vehicle, all
costs and charges for the removal, care or storage thereof shall be a lien
thereon, and may be enforced in the manner provided in the "Garage Keepers
Act."
26. No person shall park of leave standing or drive a bicycle or other similar
machine upon any sidewalk with the Town of Virden.
No person shall park of leave a bicycle or other similar machine in any
manner other than in an upright position.
27. Any person or person guilty of an infraction of any provisions of this by-law
and amendments thereto, shall upon conviction before the Mayor, or a
Magistrate of Justice of the Peace or a Provincial Judge, having jurisdiction,
be liable to a fine of not less than Two ($2.00) dollars and not more than Fifty
($50.00) Dollars or as noted on Traffic Offence Notices for voluntary payment
as may be stipulated or stated on said Traffic Offence Notices; and in addition
shall pay the costs of prosecution; and in default of payment shall be
imprisoned for a period of not more than thirty (30) days.
Traffic offence Notices may be issued and served by persons authorized by
the Town of Virden and shall include members of the Royal Canadian
Mounted Police. Service of such a Notice shall be deemed to have been
completed by personal service upon the operator of a vehicle, or by leaving a
true copy of such Notice affixed to any vehicle which has been operated or
parked in contravention of any of the sections of this by-law.
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 Mayor, 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 satisfied the Mayor, 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.
28. Nothing in this By-law contained shall be deemed to over-ride the provisions
of the Highway Traffic Act.
29. By-laws No.'s 1336, 1473, 1492, 1496 and 1522 of the Town of Virden are
hereby repealed.