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BY-LAW NO. 3 - 03
A BY-LAW OF THE MUNICIPALITY OF ROTHESAY
TO REGULATE TRAFFIC
The Council of Rothesay, under authority vested in it by the Municipalities Act
R.S.N.B. (1973), Chapter M-22 and amendments thereto and in accordance with
the Motor Vehicle Act, R.S.N.B. (1973), Chapter M-17 and amendments thereto
enacts as follows:
TITLE
This By-law may be cited as the "Rothesay Traffic By-law".
INTERPRETATION
1. In this By-law, unless the context otherwise requires;
a) words in this By-law which are defined in Section (1) of the Motor Vehicle
Act, R.S.N.B. 1973, and amendments thereto, have the meaning as
defined in the Act;
b) "bridge" means any structure used or intended to be used for the purpose
of carrying traffic on a highway, over or across a river, stream, ravine,
railway or other highway, and having a length between abutments not less
than three meters, and includes the approaches thereto;
c) "bus stop" means a street or portion of a street set aside for the exclusive
parking of buses for the purpose of allowing passengers to enter or alight
therefrom;
d) "Council" means the Mayor and Councillors of Rothesay;
e) "curb" means and includes any lateral limit of the portion of a street used
and intended to be used for vehicles whether marked by curbing or not;
f) "designated parking space" means a parking space which has specifically
been marked or painted in a parking lot to facilitate the parking of vehicles
in a neat and orderly fashion;
g) "loading zone" means a street or portion of a street set aside for the
exclusive parking of commercial vehicles for the purpose of loading and
unloading of merchandise;
h) "taxicab stand" means a portion of a street within the Town designated by
the Planning Advisory Committee, in collaboration with the Chief of Police
to be used as a Taxicab stand and so marked;
i) "traffic officer" means a member of the Royal Canadian Mounted Police,
Rothesay Regional Police Department, or any person designated by the
Council as a traffic officer;
j) "Town" means the town of Rothesay or the area contained within its
municipal boundaries as the context requires; and
Rothesay Traffic By-law
Page 1
k) "tricycle" means every device propelled by human power upon which any
person may ride, having three wheels.
MAXIMUM SPEED OF VEHICLES
2. Pursuant to the Motor Vehicle Act, Chapter M-17 of the Revised Statutes of
New Brunswick:
(a) 40 kilometres per hour is prescribed as the rate of maximum speed on any
highway or street within the Town unless otherwise set out in Schedule 'A-1'
or designated as a Provincial Highway by the Province of New Brunswick;
(b) between the hours of 07:30 and 16:00, Monday to Friday, for a period
commencing the first day of September and continuing until the thirtieth day
of June, each date inclusive, 30 kilometres per hour is prescribed as the
rate of maximum speed within the school zones set out in Schedule 'A-2';
(c) twenty (20) kilometres per hour is prescribed as the rate of maximum
speed in all Town-owned parks.
TRAFFIC CONTROL DEVICES
3. Traffic control signals to regulate, warn or guide traffic shall be erected,
placed and maintained at the intersections listed on Schedule 'A-3' of this By-
law.
4. In addition at intersections where sidewalks exist, special pedestrian control
signals exhibiting the words "Walk" and "Don't Walk" or the TAC standard
symbols for "Walk" and "Don't Walk" shall be erected, placed and maintained
at the intersections listed on Schedule 'A-3' of this By-law.
THROUGH HIGHWAYS
5. Highways and portions of highways designated as through highways are
listed as through highways on Schedule 'A-4' of this By-law. Stop signs shall
be erected at all entrances thereto and at all entrances to Hampton Road and
Marr Road other than those listed in Schedule 'A-3'.
TRUCK ROUTES
6. Council may designate highways or portions of highways as Truck Routes.
Highways and portions of highways so designated are listed as truck routes
on Schedule 'A-5' of this By-law.
7. All other streets or highways whether posted as restricted to trucking or not
are restricted for use by trucks except for local deliveries. Notice of any
prohibition imposed under the authority of section 27 shall be given by signs
posted in appropriate places throughout the municipality where the
restrictions apply to the highways in general, otherwise on or near the
highway affected.
Rothesay Traffic By-law
Page 2
8. Subject to section 9 where, in the opinion of Council, the operation of a truck
is appropriate on a local street, Council may establish a truck route and shall
publish a notice to that effect on the Rothesay website and post signs where
deemed by Council to be appropriate.
9. The Council may cancel a notice or restriction published under section 8 by
giving a certificate to that effect.
10. The driver of a commercial vehicle having more than two axles or a registered
gross vehicle mass of more than ten thousand kilograms (10,000 kg) shall not
use any highway within the Town except a truck route.
11. For the purpose of delivering or taking delivery of a load at a point in the
Town not immediately accessible to a truck route, and returning therefrom,
the driver of a vehicle mentioned in this section, shall use a truck route to and
from the point thereon nearest the point of delivery or pick up and use only
the highway which provides the shortest route between the truck route and
the point of delivery or pick up.
12. The provisions of this section do not apply to:
i. vehicles owned by or under contract to the Town;
ii. vehicles owned by the Rothesay Regional Fire Department;
iii. vehicles owned by the Province of New Brunswick;
iv. vehicles owned by a public utility.
STOPPING, STANDING, OR PARKING OF A VEHICLE
13. No Person shall stop, stand or park a vehicle on any highway within the Town
not designated as a provincial highway except in accordance with this By-law
and no person shall stop, stand or park a vehicle on any street or portions
thereof:
i. having a measured width between curbs of less than 6.5 meters;
ii. set aside for the exclusive parking of buses or taxicabs for the purpose
of allowing passengers to enter or alight therefrom;
iii. so as to prevent or obstruct the passing of other vehicles;
iv. within three (3) meters of an entrance to a church, school, hotel or
theater; or
v. in any areas listed on Schedule 'A-7'
14. No person shall park a vehicle in a parking lot other than in a designated
parking space.
15. A traffic officer may move or cause to be moved any vehicle found stopped or
parked in violation of the provisions of this By-law on any highway within the
Town. A vehicle so moved under this section shall be stored in such a place
as the traffic officer may direct and the registered owner of such vehicle at the
time shall be liable for the costs and charges for the moving and storage
thereof.
Rothesay Traffic By-law
Page 3
16. It is hereby declared that the provisions of this section are enacted for the
purpose of street maintenance.
(a) In the months of December, January, February and March, between the
hours of midnight and 07:00 of any day, no person shall park a vehicle
unattended on any highway.
(b) In those months of April, May, June, July, August, September, October
and November, between the hours of 02:30 and 06:30. of any day, no
person shall park a vehicle unattended on any highway, except parking
lots.
(c) The Council, or its designate, or a traffic officer may move or cause to be
moved any vehicle found impeding winter maintenance, plowing of snow,
stopped or parked in violation of the provisions of this By-law on any
highway within the Town. A vehicle so moved under this subsection shall
be stored in such a place as the Council or its authorized designate, or a
traffic officer may direct and the registered owner of such vehicle at the
time shall be liable for the costs and charges for the moving and storage
thereof.
DISABLED PARKING
17. No person shall park a vehicle on a highway in a location reserved for parking
by disabled persons unless there is displayed on or in the vehicle a disabled
person's identification plate, permit or placard issued by the Registrar of
Motor Vehicles for the Province of New Brunswick.
FIRE LANES
18. No person shall stop, stand or park a vehicle, whether attended or
unattended, within 6 metres of the exterior wall of a mall or plaza or other
building where a fire lane has been designated.
BUS STOPS
19. Any bus operated or approved for operation by the Town may stop at a
designated bus stop for the purposes of accepting and/or discharging
passengers.
20. Those areas so designated on any portion of a highway as passenger drop-
off and pick-up stops shall be marked by the appropriate signs showing the
limits thereof. Locations of Bus Stops are subject to the approval of the
Council or its designate.
LOADING ZONES
Rothesay Traffic By-law
Page 4
21. Those areas so designated on any portion of a highway as loading zones
shall be marked by appropriate signs showing the limits thereof.
22. No person shall stand, stop or park a vehicle in an authorized loading zone
between the hours of 07:00 and 22:00 Monday to Friday, inclusive, unless it
meets all of the following conditions:
(a) the vehicle bears a commercial license plate or has commercial signs
prominently and permanently affixed to the vehicle establishing that the
vehicle is a commercial vehicle other than a taxicab;
(b) the owner or driver of the vehicle is actually engaged in loading or
unloading of merchandise from the vehicle; and
(c) the vehicle occupies the loading zone for a maximum continuous period of
not more than ten (10) minutes.
TAXICAB STANDS
23. No person shall stand, stop or park a vehicle in a taxicab stand unless:
(a) such vehicle is a taxi licensed in accordance with the Rothesay Taxi By-
law 17-01 and amendments thereto; and
(b) the vehicle is attended by the driver thereof and available for hire.
WINTER TRACTION TIRES
24. In this section:
"winter traction tires" means:
i.
tires with treads designed specifically to provide effective traction on
streets during snow and ice conditions;
ii.
or tires equipped with tire chains made of iron and steel links or studs
or other material designed to fit and fasten over motor vehicle tires
providing effective traction on streets during snow and ice conditions;
"winter period" means the period between the first day of December in any
year and the thirty-first day of March in the following year;
25. No person shall, while snow or ice is on the surface of a street during a winter
period, drive a motor vehicle which is not equipped with winter traction tires
on such a street in such a manner as to interfere with the passage of other
motor vehicles or persons;
26. When any traffic officer finds a motor vehicle impeding traffic in violation of
the provisions of Section 25, such officer may:
(a) move or cause to be moved such vehicle; or
(b) require the driver to move the vehicle to a position off the main travelled
portion of such street;
WEIGHT RESTRICTIONS
27. Subject to section 28 where, in the opinion of the Council, the operation of a
motor vehicle may cause serious damage to a highway due to climatic
conditions, Council may impose weight restrictions with respect to such
highway at such time and for such period as Council deems necessary and
Rothesay Traffic By-law
Page 5
shall publish a notice to that effect in a newspaper of general circulation in the
Town.
28. The Council may cancel a notice or restriction published under section 27 by
giving a certificate to that effect.
29. Notice of any prohibition or restriction imposed under the authority of section
27 shall be given by signs posted in appropriate places throughout the
municipality where the restrictions apply to the highways in general, otherwise
on or near the highway affected.
30. Notwithstanding section 27, the Council may cause to be posted on any
bridge not on a designated Provincial highway a sign indicating maximum
load and height limits, and such sign when so posted shall be conclusive
evidence of load and weight restrictions placed on the bridge.
31. Where a person operates a motor vehicle on a highway with respect to which
weight restrictions are in effect, and the weight of the vehicle including load is
in excess of the weight restriction, that person is guilty of an offence and on
summary conviction is liable to a fine of not less than one hundred dollars nor
more than one hundred twenty-five dollars.
32. Sections 25 to 29 do not apply to Provincially Designated Highways.
33. A police officer may arrest without warrant any person whom he finds
committing or has reasonable grounds for believing has committed an offence
specified in section 31 and take such persons before a judge of a court of
competent jurisdiction to be dealt with according to law.
34. No person shall move along or across a sidewalk, street or public place, any
building, vehicle or other heavy object that by reason of its weight, size or
form of construction may cause damage to the structure therein and thereon,
except in accordance with a special permit issued by the Town Engineer.
HORSES
35. No person shall:
(a) drive a horse or horse-drawn vehicle upon a sidewalk except for the
purpose of directly crossing such sidewalk; or
(b) leave a horse unattended on any highway unless the horse or the vehicle
to which it is harnessed is firmly fastened to a post or weight.
TRICYCLES
36. No person shall ride or drive or tricycle on a highway unless the person is
wearing a helmet.
37. No person or guardian of a person who is under sixteen (16) years of age
shall authorize or knowingly permit that person to ride or operate a tricycle on
a highway unless the person is wearing a helmet.
Rothesay Traffic By-law
Page 6
38. No person shall ride or drive a bicycle upon any footpath or sidewalk except
for the purpose of crossing such sidewalk.
PARADES AND PROCESSIONS
39. The Council, or its designate, may from time to time authorize an event or
parade which may cause the disruption of traffic flow on a highway or
highways within the Town.
40. Where an event or parade has been authorized in accordance with section 39
the organizers of such an event shall apply to the Chief of Police for a parade
permit and the Chief or his designate may issue a permit providing he is
satisfied that proper measures have been taken for the safe passage of the
parade and for the safety of bystanders.
41. Where any portion of an event approved in accordance with section 39 is
proposed to take place on a Provincially Designated Highway, the party
proposing the event must advise the Department of Transportation District
Engineer in writing, at least ten (10) business days prior to the scheduled date
of the event describing the measures taken to address all relevant safety
factors.
ONE WAY AND CONTROLLED ACCESS HIGHWAYS
42. Highways and portions of highways designated by Council as One-way
Highways are listed in Schedule 'A-6' of this By-law.
43. Highways or portions of highways designated as a controlled-access highway
are listed in Schedule 'A-8' of this By-law.
NUISANCES
44. No person shall place upon any highway for sale or display goods, wares
vehicles or merchandise or solicit and receive orders for same.
45. No person shall dump, push or place snow or ice onto the highway or within
the ditches of any highway.
46. No person shall remove or attempt to remove, dig up, cut down, destroy or in
any manner damage or injure any trees in or upon any highway or public
place.
47. No motor vehicles, except those authorized by the Town, are allowed on
lands designated as parks, playgrounds, beaches, green areas, ball fields,
lawns, nature preserves, land for public purposes or open spaces, except in
those areas designated as driveways and parking lots.
48. No person shall park a motor vehicle on any street at any time so as to
impede traffic and if a traffic officer or person designated by Council orders
the vehicle removed, the owner of the vehicle shall be liable for any removal,
towing and storage charges.
Rothesay Traffic By-law
Page 7
49. No person shall place or park on any street, at any time, a motor vehicle for
the purpose of sale, or display for offer of sale and if a traffic officer or person
designated by Council orders the vehicle removed, the owner of the vehicle
shall be liable for the cost of removal, towing and storage of the vehicle.
IMPOUNDING OF VEHICLES
50. A traffic officer may remove and impound any vehicle which is found to be
parked on any street in contravention of any By-law and no person shall take
possession of a vehicle so removed or impounded until all costs and charges
for removal, towing and storage of such vehicle have been paid.
OFFENCES
51. Every person is guilty of an offence under this By-law who,
(a) in any manner, except in the reasonable use of the highway, breaks the
shoulder of or otherwise damages a highway;
(b) defaces, destroys or removes any tree located in the highway right-of-way;
(c) damages or defaces any highway, bridge or culvert;
(d) willfully hinders or interrupts any officer, engineer or agent acting under
the authority of the Council in the lawful exercise of his duties;
(e) refuses or neglects to perform a duty imposed upon him by this By-law; or
(f) violates or fails to comply with a provision of this By-law, or of a resolution
made under authority thereof.
ADMINISTRATION, ENFORCEMENT AND PENALTIES
52. The Council, or its designate, may from time to time cause to be erected
signs or other devices for the purpose of directing or regulating vehicle and or
pedestrian traffic and may remove such signs or devices and any such sign or
device is a traffic control device under the Motor Vehicle Act.
53. Every person charged with an offence under this By-law may, on or before
the date a charge pertaining to the offence has been laid in Provincial Court,
make a voluntary payment of $25.00 (Twenty-five Dollars) to the Rothesay
Regional Police Force as follows:
i. in person at the Rothesay Regional Police Station, Quispamsis, New
Brunswick, in cash or by cheque or money order made payable to the
Rothesay Regional Police Force; or
ii. by mail to: Rothesay Regional Police Force, 3 Landing Court, Quispamsis,
New Brunswick, E2E 4R2, Attention Fine Revenue Clerk, by cheque or
money order only, payable to the Rothesay Regional Police Force;
at which time the ticket or ticket number shall be surrendered to the Rothesay
Regional Police Force and such payment shall be deemed payment in full.
54. If the voluntary payment set out in section 53 has not been received on or
before the date a charge pertaining to the offence has been laid in Provincial
Court, the person charged with the offence may make a voluntary payment of
$50.00 (Fifty Dollars) as follows:
Rothesay Traffic By-law
Page 8
i.
in person at the Hampton Court House, Hampton, New Brunswick, by
cash or certified cheque or money order payable to the Minister of
Finance; or
ii.
by mail to: Province of New Brunswick, P. O. Box 6000, Fredericton,
New Brunswick, E3B 5H1, Attention Provincial Court, by certified
cheque or money order only, payable to the Minister of Finance;
at which time the ticket or ticket number shall be surrendered to the Provincial
Court and such payment shall be deemed payment in full.
55. If the voluntary payments set out in section 53 and section 54 have not been
received on or before the hearing scheduled for entering of a plea before the
Provincial Court, the person charged with the offence is liable, on conviction,
to a fine of $125.00.
REPEAL PROVISIONS
56. All By-laws, rules and regulations and amendments heretofore passed,
adopted and observed by the councils of the former Town of Rothesay and
the former Villages of Fairvale, East Riverside-Kingshurst and Renforth, more
specifically but not limited to: By-Law 10 (Rothesay), By-Law 75 (Fairvale)
and By-Laws 35 and 36 (Renforth) are hereby repealed.
Rothesay Traffic By-law
Page 9
EFFECTIVE DATE
This By-law comes into effect on the date of final enactment thereof.
FIRST READING BY TITLE
July 14th, 2003
SECOND READING BY TITLE
August 11th, 2003
READ BY SECTION NUMBER:
(Advertised as to content on the Rothesay
website in accordance with Municipalities
Act, R.S.N.B. (1973) Chapter M-22)
November 21st, 2003
(Posted to Rothesay
website)
THIRD
READING
BY
TITLE
AND
ENACTMENT
December 8th, 2003
CONSOLIDATED WITH
By-law No. 3-03-1
February 9th, 2004
CONSOLIDATED WITH
BY-LAW NO. 3-03-2
April 13th, 2004
ORDER
OF
THE
LIEUTENANT-
GOVERNOR IN COUNCIL #2004-244
June 30th, 2004
Department of Public Safety - Deputy
Minister
July 15th, 2004
William J. Bishop
MAYOR
Mary Jane E. Banks
CLERK
Rothesay Traffic By-law
Page 10
Schedule A
A-1
STREETS WITH 60
KILOMETRE SPEED
LIMITS
(a) Bradley Lake Road
(b) Millennium Drive
STREETS WITH 50
KILOMETRE SPEED
LIMITS
(a) Clark Road
(b) French Village Road
(c) Gondola Point Road
(d) Grove Avenue
(e) Marr Road
(f) Vincent Road
A-2
SCHOOL ZONES
(a) Broadway Street from the intersection
with Park Drive west 275m
(b) Clermont Lane south of the
intersection with Hillcrest Drive and
Crestwood Drive west of the
intersection with Elmhurst Crescent
(c) School Avenue
A-3
TRAFFIC CONTROL
SIGNALS with WALK
LIGHTS
(a) Hampton Road and Marr Road
(b) Hampton Road and Oakville Lane
A-4
THROUGH HIGHWAYS
(a) Bradley Lake Road
(b) Campbell Drive
(c) Clark Road
(d) Dofred Road
(e) Dolan Road
(f) Donlyn Drive
(g) Fox Farm Road
(h) Frances Avenue
(i) French Village Road
(j) Gondola Point Road
(k) Grove Ave
(l) Highland Avenue
(m) Marr Road
(n) Millennium Drive
(o) Monaco Drive
(p) Park Drive
(q) Rothesay Road
(r) Simone Street
(s) Vincent Road
Rothesay Traffic By-law - Appendix A
Page i
A-5
TRUCK ROUTES
(a) Bradley Lake Road
(b) Campbell Drive
(c) Dolan Road
(d) Fox Farm Road
(e) French Village Road
(f) Grove Ave.
(g) Hampton Road
(h) Marr Road
(i) Millennium Drive
(j) Rothesay Road
(k) Route 1 (McKay Highway)
(l) Route 111 (Airport Arterial)
(m) Southridge Road
A-6
ONE WAY HIGHWAYS
(a) Rothesay Park Road
A-7
RESTRICTED PARKING
ZONES
(a) Ballpark Road
-
both sides from Gondola Point Road and
extending 325 metres along Ball Park Road
(b) French Village Road
-
Both sides from Route 111 to the
Quispamsis boundary
(c) Gondola Point Road
-
east side from Rothesay Road to Church
Avenue
(d) James Renforth Drive
-
both sides from the northern intersection
with Rothesay Road and extending 500
metre southerly
(e) McGuire Road
-
both sides from Highway 1 extending 150
metres east
(f) Park Drive
-
from the City boundary extending north 300
metres
(g) Rothesay Road
-
both sides for the entire length of the street
(h) Wharf Road
-
both sides for the entire length of the street
A-8
CONTROLLED ACCESS
HIGHWAYS
(a) Campbell Drive from the intersection
with Hampton Road to the intersection
with Route 111.
Rothesay Traffic By-law - Appendix A
Page ii