By-Law No. 20 — To Regulate Parking in the Village of McAdam — full text

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VILLAGE OF MCADAM BY - LAW NO. 20 A BY - LAW TO REGULATE PARKING IN THE VILLAGE OF MCADAM PASSED BE IT ENACTED by the Mayor and Councilors of the Village of McAdam As follows: Original signed by the Mayor H.S. Dixon 1. (1) In this By - Law: (a) "Park", when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading and unloading. (b) " Sidewalk: means that portion of a highway or street between the curb lines or the lateral lines of a roadway, and the adjacent property lines set apart for the use of pedestrians, and includes any part of a highway set apart or marked as being for the exclusive use of pedestrians. (c) "Stop" or "stand", when prohibited means any stopping or standing of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. (d) "Street" means and includes the entire width between the boundary lines of every street, road, roadway, highway, way of a public nature, avenue, boulevard, court, public square, alley, lane, drive, bridge and any other place when any part thereof is used by the general public for the passage of vehicles. (e) "Traffic control device" includes "official traffic control device", "traffic control signal". "sign" and "official sign" and means a sign or device for the regulation, warning or guidance of traffic and parking of vehicles, or for indicating the provisions of this By-law and which bears upon it the initials "L.A.". (f) "Traffic control signal" means any device by which traffic is alternately directed to stop and to proceed. (g) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a street excepting devices moved by human power or used exclusively devices moved by human power or used exclusively upon stationary rails or tracks. (2) Subject to sub-section (1), words used in this By-law which are defined in section 1 of the Motor Vehicle Act, Stats. N.B. 1955, c.13 as amended shall have the meaning as so defined. 2. Subject to this By-law no person shall stop or park a vehicle or leave a vehicle standing upon a street in the Village unless the right-hand wheels of the vehicle are parallel to and within eighteen inches (18") of the curb or outer edge of the shoulder of the street. 3. No person shall stop or park a vehicle standing upon the following streets or portions thereof in the Village: (1) Any portion of the northwesterly side of Saunders Road between Union and Short Streets where a traffic control device indicates that parking is prohibited. 4. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or other peace officer or traffic control device in any of the following places: (a) On a sidewalk; (b) In front of a public or private driveway; (c) Within an intersection; (d) Within fifteen feet (15') from the point on the curb or edge of the street immediately opposite a fire hydrant; (e) On a crosswalk; (f) Within twenty feet (20') of a crosswalk at an intersection; (g) Within thirty feet (30') from the approach to any flashing becon, stop sign or traffic control signal located at the side of a street; (h) Between a safety zone and the adjacent curb immediately opposite the end of a safety zone unless a different length is indicated by signs or markings; (i) Within fifty feet (50') of the nearest rail or railroad crossing; (j) Within twenty feet (20') of the driveway entrance to any fire station; (k) Alongside or opposite any street excavation or obstruction, when stopping, standing or parking would obstruct traffic; (l) On the roadway side of any vehicle stopped, parked or left standing at the edge or curb of a street; (m) Upon any bridge or other elevated structure upon a street; (n) At any place where official signs prohibit stopping. 5. No person shall stand or park a vehicle on that portion of a street which bounds any school premises between the hours of 8.00 o'clock in the forenoon and 5.00 o'clock in the afternoon on any school day except on the side of the street opposite to that on which the school premises lie. 6. No provision of section 3, subsections (c), (d), (e), (f), (g), (h), (i), (j), (m), and (n) of section 4 or section 5 shall be effective as regards any street or portion thereof unless a traffic control device has been placed upon or at the entrance to the street or portion thereof affected. 7. In the months of December, January, February and March between the hours of 12.30 and 5.30 in the forenoon of any day, no person shall stop, stand or park a vehicle unattended on any street in the Village. 8. No person shall obstruct any sidewalk by transferring merchandise to or from a vehicle across a sidewalk for any period exceeding five minutes except when authorized to do so by the Chief of Police. 9. The Mayor may for special purposes erect and maintain for a period not exceeding seven days, signs or other devices for the purpose of directing or regulating parking and when so erected and maintained no person shall fail to comply with the directions given by such signs or devices. 10. A police officer may remove and impound any vehicle which is found illegally parked or causing obstruction to traffic on any street and no person shall take possession of the vehicle so removed or impounded until all costs and charges of removal, care and storage of such vehicle have been paid in addition to any other penalty imposed pursuant to this By-Law. 11. No person shall leave unattended any horse on any street unless the horse or vehicle to which it is harnessed is firmly fastened to a post or weight. 12. (1) When a police officer finds a vehicle parked in violation of this By-Law, he shall attach to such vehicle a notice to the owner or operator thereof that such vehicle is parked in violation of a provision of this By-Law and instructing such owner or operator to report at the Police Office of the Village of McAdam with respect to such violation. (2) Each such owner or operator may within forty-eight (48) hours of the time which such notice was attached to such vehicle pay to the chief of Police or his Deputy the sum of One Dollar ($1.00), herein referred to as a voluntary penalty, in full satisfaction of the penalties for the violation and upon making the payment such person is not liable to be prosecuted for such violation. (3) Upon failure to such owner or operator to pay the foregoing voluntary penalty within forty-eight (48) hours (exclusive of Sundays and Holidays) the operator shall become liable to the penalties hereinafter provided for in violation of the provision of this By-Law. (4) All voluntary penalties collected under the provisions of this By-Law shall be paid within one say after receipt thereof to the Village Treasurer. 13. Every person violating any of the provisions of this By-Law shall on conviction be subject to a penalty of not less than Five Dollars ($5.00) and not exceeding Fifty Dollars ($50.00). Signed by the Village Clerk Marjorie O'Keefe Read first time: January 10, 1970 Read second time: January 17, 1970 Read third time & enacted: January 17, 1970