By-Law 700-12-01 — Traffic, Parking and the Use of Streets (Consolidated) — full text

This is the exact embedded text of the captured official document. Snapshot 3a9c4be1d51e · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BY-LAW 700-12-01 A BY-LAW RELATING TO THE REGULATION OF TRAFFIC, PARKING AND THE USE OF STREETS IN THE TOWN OF RIVERVIEW BE IT ENACTED by the Town Council of the Town of Riverview, under the authority vested in it by the Local Governance Act, SNB 2017, c 18; and the Motor Vehicle Act, R.S.N.B. 1973, c. M-17 as follows: I. INTERPRETATION 1. Words set out in this by-law, which are not herein defined shall have that meaning as set out in the provisions of the Motor Vehicle Act, R.S.N.B. 1973, c. M-17 and amendments thereto as if such words were fully set out in this By-law: "By-Law Enforcement Officer" means a person appointed and designated as a by-law enforcement officer by Riverview Town Council. "Civic Number" refers to the civic address of a lot fronting on a street and shall define the mid- front of the lot. "Culvert" means a structure that allows water to flow under a road, trail or similar obstruction. "Director" means the Director of Engineering and Public Works of the Town of Riverview or the Town's authorized representative. "Fire Lane" means a traffic lane in which parking or stopping is not permitted in order to allow access for emergency vehicles. "Highway" means the entire width between the boundary lines of every street, road, lane, alley, park, parking lot, drive-in theatre, school yard, picnic site, beach, winter road across ice or place when any part thereof is used by the general public for the passage or parking of vehicles, and includes the bridges thereon and, unless the context indicates otherwise or unless the reference is contained in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act, a highway under the administration and control of the New Brunswick Highway Corporation or a project company "Local Traffic Authority" means the Director of Engineering and Public Works of the Town of Riverview or the Town's authorized representative. "Open Space" means land which is inappropriate for urban development which may include restricted areas such as watercourses and land periodically inundated with water (flood plains and marshes). "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 or unloading. "Person" means and includes any individual, corporation, partnership, association or society. "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 peace officer or traffic control sign or signal. UNOFFICIAL OFFICE CONSOLIDATION -- FOR REFERENCE ONLY By-Law 700-12-1 Traffic By-Law Page 2 "Street" means any municipal roadway, curb, gutter, boulevard, sidewalk, space between property lines, park, parkway, driveway, public square, bridge, viaduct, off-street public parking lot, avenue, road, alley, lane, path or other public place or open space located in the Town of Riverview, and for greater certainty, shall not mean any provincial highway. "Utility" includes any person or corporation that provides water, electric power, telecommunications service, natural gas or other gas intended for use as fuel to the public. Words used in this by-law and not defined herein which are defined in the Motor Vehicle Act, R.S.N.B., 1973, c. M-17 and amendments thereto, shall have the meaning as therein defined. II. GENERAL 1. Notwithstanding anything in this by-law to the contrary, the Town Council or its appointed representative of the Town of Riverview, in the County of Albert, Province of New Brunswick, shall be appointed as the Local Traffic Authority in and for the Town of Riverview, with full power and authority to erect or to remove, or cause to be erected or removed, as may from time to time be necessary, such signs or other devices for the purpose of directing and regulating traffic on streets or portions of streets within the Town of Riverview. 2. Notwithstanding anything in this by-law to the contrary, any member of the Riverview Fire Department shall, while on duty, have full power and authority at the scene of any emergency, not limited to fires and/or motor accidents within the Town of Riverview to prevent persons and vehicles from passing through or across any street in the vicinity of any emergency scene and to keep persons at a proper distance therefrom, and for such purpose to extend chains, ropes, or barricades along, through, or across any street. 3. No person shall refuse, fail or neglect to obey the directions or commands of a member of the Riverview Fire Department which may be given under section 2 above. 4. Notwithstanding other provisions of this by-law, the owner of a motor vehicle shall be guilty of a violation of this by-law committed by any person operating or in charge of such vehicle, unless he establishes that the vehicle was being operated by a person who had possession of the vehicle without the owner's consent, expressed or implied. 5. A peace officer or By-Law Enforcement Officer may issue a parking ticket to the registered owner, and/or tow and impound any vehicle without warning or notice which is: a. parked illegally on any street, or b. obstructing traffic on any street, and no person shall take possession of a vehicle removed and impounded under this section until all penalties, costs and charges for removal, care and storage of the vehicle have been paid. 6. No person shall: a. put, place, throw or sweep upon any street, or cause to be put, placed, thrown or swept upon any street any dirt, grass, cuttings or snow; b. slack, riddle, mix or otherwise prepare lime, cement, concrete or other similar material on any street, except with the written permission from the Director; c. carry on repairs of any kind to a motor vehicle or trailer on any street or sidewalk except for repairs of an emergency nature; d. cause or permit water to flow over or onto any street so as to cause a public nuisance or to create a dangerous situation; e. wash a motor vehicle on any street; f. skate, ski, toboggan or slide on any street; g. put, place or cause to be placed upon any street or sidewalk any item that creates an obstruction, impede, or interfere with the safe and efficient movement of a motor vehicle or the maintenance of a street. h. throw any stone, snow, ice or other missile, or use any bow and arrow, sling or catapult, or discharge any firearm or air gun on the street; i. use any street or sidewalk in such a manner that pedestrians are injured or jostled thereby; By-Law 700-12-1 Traffic By-Law Page 3 j. make or cause to be made any unnecessary or unreasonable noise while driving on any street; k. use any sidewalk other than for pedestrian use, except as otherwise provided in this or any other by-law of the Town of Riverview or the Motor Vehicle Act, RSNB, 1973, c M- 17. 7. No person shall fill a ditch, nor do any act that may cause such ditch to be or become filled or build or alter a culvert, without first obtaining the written approval of the Director. III. PARKING 1. No person shall park or stand a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a peace officer or traffic control device: a. On any street or parts of streets, from the first day of December until the first day of April in any year between 0000 and 0700 hr on any day. b. On any street or parts of streets that have been designated, through the use of signage, as no parking at any time, from the first day of December until the first day of April in any year. c. In a location designated as a fire lane. d. On any Town owned parking lots, without written permission, in excess of 24 hours. 2. Notwithstanding any other provision of this by-law, where a vehicle is parked or left standing on any street, contrary to the provisions of subsection 1(a) and 1(b) herein, and in such manner that it interferes with or obstructs snow removal operations, a peace officer or by-law officer may cause such vehicle to be ticketed and towed without warning or notice at the owner's expense. 3. The provisions of sections 1(a), 1(b), and 2 are enacted for the purpose of snow removal operations. 4. Despite section (1)(a), if the Chief Administrative Officer, or their delegate, successor or designate is of the opinion that weather, snow and Street conditions do not require parking restrictions between the hours of 0000 and 0700 hr. on any day between the first day of December and the first day of April, the Chief Administrative Officer, or their delegate, successor or designate is authorized to permit the stopping, standing or parking of motor vehicles on any Street or portion thereof for such period of time and in such locations as the Chief Administrative Officer of, or their delegate, successor or designate deems advisable. 5. No person shall park on any street or parts of streets, a. A commercial vehicle, equipment, or trailer not attached to a vehicle capable to tow the equipment or trailer. Types of vehicles including but not limited to are illustrated in Schedule "C". b. a vehicle in a location reserved for parking by disabled persons by a traffic control device by the Town of Riverview or the owner of the land unless there is displayed on or in the vehicle a valid disabled person's identification plate, permit or placard. 6. 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 Peace Officer or traffic control device, on any street or parts of streets as marked or indicated by signs. IV. PROTECTION OF STREETS 1. No person shall place, or cause to be placed, or be moved over any street, any building or like structure, or any heavy machinery or similar object, or any other object or material, which may in the course of placement or movement either interfere with normal traffic or cause damage to the street, unless written permission is obtained from the Director 2. When any street and/or utility has been damaged as a consequence of the illegal use of any vehicles, equipment or machinery of any kind, the Director may serve notice in writing upon the accused person requiring repair of the damage to the street, curb, gutter, sidewalk or utility and, if the repairs are not made as directed, the Director may cause the repairs to be made at the expense of the accused person, and the cost of repairs shall be recoverable by the Town of Riverview by action in any court of competent jurisdiction. By-Law 700-12-1 Traffic By-Law Page 4 3. No person shall allow any trees, hedges, bushes or other shrubbery owned by such person to encroach onto any street or sidewalk so as to interfere with or obstruct pedestrian or vehicular traffic or to interfere with or obstruct the sight lines of any person travelling or entering onto any street or to visibly obstruct street signs. 4. Where the Director is satisfied that conditions described in subsection (3) exist, the Director may issue an order requiring the owner to trim the said trees, hedges, bushes or shrubbery within a time specified in the order, and where the owner fails to comply with such notice then the Director may cause the same to be done and to recover the cost thereof in an action of debt against the owner thereof. V. WEIGHT RESTRICTIONS 1. No person shall operate a vehicle on any street in the Town of Riverview having a gross axle weight exceeding eighty percent (80%) of the maximum axle weight for which such vehicle may be registered in the Province of New Brunswick. 2. Vehicles found to have an axle, axle group or gross weight exceeding that prescribed in these restrictions, shall not proceed until all axle weights of the vehicle are within the limits prescribed above, either by redistribution of load or by off-loading onto another vehicle. 3. There shall be no restrictions on trucks equipped for snow removal, fire trucks, buses and garbage collection trucks. 4. The prohibitions and restrictions contained in Section 1 shall come into force each year concurrent with the weight restrictions instituted by the Minister of Transportation and Infrastructure and shall remain in force until further notice is given. Notwithstanding Section 1, the maximum axle weight permitted by the Town of Riverview shall at all times be subject to and not lesser than the limits established by the Minister of Transportation and Infrastructure under the Highway Act, RSNB 1973, c H-5, as amended. 5. Any street may be subject to closure as deemed necessary by the Director. VI. EXCAVATIONS AND OPENINGS IN STREETS 1. No person shall make any opening in any street or sidewalk, or excavation be made, or trench dug therein without first having obtained a permit from the Director and all work in connection with such opening or excavation shall be done under the supervision of the Director. 2. Any person making any opening or excavation in any street shall immediately restore the street to as good condition as it was before such work was commenced. 3. Unless approved by the Director, any required digging, trenching, or excavating under any asphalt, curb and gutter, or concrete sidewalk, or other sidewalk of a permanent nature, shall be made by using trenchless technology under the sidewalk in such manner as not to break or injure the sidewalk. VII. SIGNS RELATING TO TRAFFIC 1. No person shall erect a sign in such a manner as to obstruct pedestrian or vehicular traffic or to create a hazard to such traffic or obstruct storm drainage. VIII. PEDESTRIAN SAFETY 1. No person shall; a. hold, direct or take part in any procession or assemblage upon any street in the Town of Riverview, except in accordance with a permit in writing from the Director, which permit shall set out the date, the hour and the route or location of such procession or assemblage, b. board any vehicle for the purpose of stealing a ride or hitch, attach or fasten any bicycle, ski, toboggan, sled or other object to a motor vehicle for the purpose of towing the same on any street; c. sell, offer for sale or carry on the business of selling or disposing, or exhibiting, or leasing any vehicles, wares, merchandise of any kind on a street; By-Law 700-12-1 Traffic By-Law Page 5 d. drive a vehicle on any street so as to splash water, mud or snow on any pedestrian; e. drive a vehicle, bicycle or motorcycle upon any sidewalk or over or across any curb or sidewalk where an entrance has not been provided except authorized Town of Riverview employees while carrying out their duties and responsibilities; f. drive a vehicle, motorcycle, or snowmobile in, across or upon any public park or public playground, except authorized Town of Riverview employees while carrying out their duties and responsibilities; g. operate a bicycle in, across or upon any public park or playground unless designated by the Town and indicated by posted signage. IX. NO STOPPING 1. No person shall park, stop and stand a vehicle in school zones as marked or indicated by signs. X. ENFORCEMENT 1. Any peace officer or By-Law Enforcement Officer is hereby authorized to take such action or issue such tickets as they may deem to be necessary to enforce any provisions of this by-law. 2. Any person who violates a provision of this by-law is guilty of an offence and liable on conviction to a fine of not less than fifty dollars ($50.00) and not more than one hundred twenty five dollars ($125.00). 3. All fines under this by-law shall be enforceable under the Provincial Offences Procedures Act, SNB 1987, c P-22.1. XI. SEVERABILITY 1. Where a Court of competent jurisdiction declares any section or part of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an order to the contrary. XII. BY-LAW REPEALED 1. A By-Law of the Town of Riverview, By-Law 700-12 and all amendments thereto, respecting The Regulation of Traffic, Parking and the Use of Streets in the Town of Riverview is hereby repealed. XIII. ORDAINED AND PASSED This by-law comes into effect on the date of third and final reading by the Town Council of Riverview. First Reading: March 10, 2025 Second Reading: March 10, 2025 Third Reading: January 12, 2026 Original By-Laws and amendments thereto are on file in the Office of the Town Clerk. This document is for convenient reference purposes only. Any questions should be forwarded to the Office of the Town Clerk.