Bay Roberts, Newfoundland and Labrador
· adopted 2020-06-09
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Town of Bay Roberts Traffic Regulations
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PUBLISHED BY AUTHORITY
Pursuant to the power delegated by the Minister of Transportation and Works under section
189 of the Highway Traffic Act, and pursuant to the authority conferred by sections 414(2) and
421.1 of the Municipalities Act, 1999, the Town of Bay Roberts hereby enacts the following
Regulations which were adopted at a Public Council Meeting held on the nineth day of June
A.D. 2020.
Phillip Wood
MAYOR
TITLE
1.
These Regulations shall be known and cited as "The Town of Bay Roberts Traffic
Regulations."
DEFINITIONS
2.
In these Regulations, the following words, unless the context otherwise requires, shall
have the following meanings:
a)
"ambulance" means a vehicle designed or used for carrying ill or injured persons
for compensation;
b)
"bicycle" means a device propelled by human power upon which a person may
ride, having 2 wheels in tandem;
c)
"bus" means a motor vehicle designed or used for the transportation of
passengers with a seating capacity of 10 or more in addition to the driver, but
excluding those motor vehicles when used for personal transportation by the
owner or with the owner's permission.
d)
"commercial motor vehicle" means a vehicle designed to carry goods, and
includes a bus, a school bus, a truck, a truck tractor and other motor vehicles
designed for commercial use but does not include camper type vehicles designed
or adapted exclusively for recreational purposes;
Town of Bay Roberts Traffic Regulations
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e)
"council" means the council or board of trustees established to control and
manage a municipality;
f)
"crosswalk" means:
(i)
Any part of a roadway at an intersection or elsewhere distinctly indicated
for pedestrian crossing by signs or by lines or other markings on the
surface; or
(ii) The part of a roadway at an intersection that is included within the
connection of the lateral lines of the sidewalks of the opposite sides of a
highway, measured from the curbs, or in the absence of curbs, from the
edge of the roadway.
g)
"driver" means a person who drives or is in actual physical control of a vehicle;
h)
"driveway" means a clearly defined private roadway, path or passage or a like
opening or space which is wide enough, but not wider than is necessary for the
passage of a motor vehicle, whereby the owner, occupier or user of property has
vehicular access from the roadway to a point within the property.
i)
"emergency vehicle" means:
(i)
a motor vehicle driven by a peace officer or by a member of the police
branch of 1 of the Crown's Armed Forces where there is an emergency
justifying a rate of speed in excess of a maximum rate of speed provided
for in this Act and includes a vehicle so operated by a chief of a volunteer
fire department,
(ii)
a motor vehicle carrying firefighting equipment in responding to an alarm
of fire, and
(iii)
an ambulance responding to a call or transporting a patient where there
is an emergency justifying a rate of speed in excess of a maximum rate of
speed provided for in this Act;
j)
"highway "means a place or way, including a structure forming part of the place
or way, designed and intended for, or used by, the public for the passage of
traffic or the parking of vehicles and includes all the space between the
boundary lines of the place or way;
k)
"intersection" means the area enclosed within the prolongation or connection of
the lateral curb lines or if there are no curb lines, the lateral boundary lines of
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two or more highways that join one another at an angle, whether or not one of
the highways cross the other.
l)
"left" or "left-hand" in reference to a highway or the position of traffic on the
highway means the left when facing or moving in the direction of travel;
m)
"mobility aid" means a wheelchair or other device, whether motorized or not,
designed and being used to facilitate the transport, in a normal seated
orientation, of a person with a physical disability, including a physical limitation
on the ability to walk or move;
n)
"motor vehicle" means a vehicle propelled, driven or controlled otherwise than
by muscular power, other than a trailer or a vehicle running on fixed rails.
o)
"municipality" means The Town of Bay Roberts.
p)
"operator" means a person driving a motor vehicle on a highway or who has the
care or control of the motor vehicle on a highway whether in motion or not.
q)
"owner" means,
i.
the person who holds the legal title to a vehicle,
ii.
in the case of a vehicle that is registered, the person in whose name it is
registered,
iii.
in the case of a vehicle that is the subject of a mortgage, the mortgagor if the
mortgagor is entitled to possession of the vehicle,
iv.
in the case of a vehicle that is the subject of a hire-purchase agreement, the
person in possession of the vehicle under the agreement, or
v.
in the case of a vehicle that is the subject of a conditional sale contract, the
buyer under the conditional sale contract if the buyer is entitled to
possession of the vehicle;
r)
"park" means to permit a vehicle, whether occupied or not, to stand otherwise
than temporarily for the immediate purpose of and while actually engaged in
loading or unloading goods or taking up or setting down passengers or in
obedience to traffic regulations or traffic signs or the directions of a traffic
officer;
s)
"peace officer" includes a member of the Royal Newfoundland Constabulary, the
Royal Canadian Mounted Police Force stationed in the province, a member of a
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municipal police force and a park warden appointed under the Public Service
Employment Act (Canada) who is stationed in the province;
t)
"pedestrian" means
(i) a person on foot,
(ii) a person in or on a mobility aid, or
(iii) a child in a carriage or sleigh;
u)
"permit" means a permit which has been issued under these regulations and
which has not expired or been suspended or cancelled.
v)
"regulations" means Bay Roberts Traffic Regulations made under the authority
of the Highway Traffic Act and amendments there to and the Municipalities Act,
1999 and amendments there to.
w)
"right" or "right-hand" in reference to a highway or the position of traffic on the
highway means the right when facing or moving in the direction of travel.
x)
"roadway" means a portion of a highway that is improved, designed, or
ordinarily used for vehicular traffic, but does not include the shoulder unless the
shoulder is paved, and where a highway includes two or more separate
roadways, the term "roadway" refers to any one roadway separately and not to
all of the roadways collectively.
y)
"salvage vehicle" means a vehicle which is damaged by collision, fire, flood,
accident, trespass or other occurrence to the extent that the cost of repairing
the vehicle for operation on the highway exceeds the vehicle's fair market value
immediately prior to the damage.
z)
"safety zone" means an area or space which is set apart within a highway for the
exclusive use of pedestrians and which is protected or is so marked or indicated
by signs as to be plainly visible at all times while set apart as a safety zone;
aa)
"school bus" means a motor vehicle:
(i)
Designed or used to carry 7 or more passengers, in addition to the driver;
(ii)
Owned, operated by or contracted to a school board or agent of a school
board; and
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(iii) Used to transport children to or from school or to and from places other
than school for the purpose of school related activities.
bb)
"sidewalk" means that portion of a highway 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 or intended use of pedestrians and is considered to include an area
of a highway lying between the curb lines or the lateral lines of a roadway and
that portion of a highway set apart for the use of pedestrians.
cc)
"stop" means
i.
when required, the complete cessation of movement, and
ii.
when prohibited, 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 traffic officer or traffic-control device
or signal;
dd)
"taxi" means a motor vehicle used to transport passengers for compensation
other than;
i. a bus or a school bus used to transport passengers for compensation, and
ii. another motor vehicle not referred to in subparagraph (i) that only
transports children to and from school and school related activities under a
contract with a school board for that purpose;
ee)
"tire" means that part of a wheel, roller or other contrivance for the moving of
an object upon a highway which comes into direct contact with the surface of
the highway;
ff)
"town" means the Town of Bay Roberts.
gg)
"traffic" includes vehicles, pedestrians and animals while using a highway for the
purpose of travel.
hh)
"traffic-control device" means a traffic sign, traffic-control signal, marking,
symbol or device consistent with this Act placed or erected by authority of the
Minister of Works, Services and Transportation or a traffic authority for the
purpose of regulating, warning or guiding traffic and includes those contained in
the Manual of Uniform Traffic Control Devices for Canada;
ii)
"traffic-control signal" means a traffic-control device, whether manually,
electrically or mechanically operated, by which traffic is alternately directed to
stop and to proceed;
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jj)
"traffic sign" includes all traffic control signals, warning sign posts, direction
posts, signs, lines, marks or other devices for the guidance or persons using
highways.
kk)
"vehicle" means a device in, upon or by which a person or thing may be
transported or drawn upon a highway, but does not include devices used
exclusively upon fixed rails; and
ll)
"Violation Notice" means a notice pursuant to s.421.1 of the Municipalities Act,
1999
COUNCIL AUTHORITY
3.
a) The Minister of Works, Services and Transportation may by order delegate to the
council of a municipality power to make regulations, which shall not conflict with this Act,
i.
fixing the maximum or minimum speeds at which motor vehicles may be
driven upon a highway in the municipality;
ii.
regulating the use of specified highways or parts of them either absolutely
or subject to conditions, including conditions as to place and direction of
entry and departure and either generally or at or between specified times;
iii.
regulating the routes or directions to be followed by vehicles from one
specified point to another;
iv.
regulating the relative position in the roadway of traffic of differing speeds or
types;
v.
prescribing the places where vehicles may not turn so as to face in the
opposite direction to that in which they were proceeding or where they may
so turn only under conditions prescribed by the regulations;
vi.
regulating the loading and unloading of articles onto or from vehicles on
specified highways;
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vii.
regulating the stopping of vehicles on specified highways for the purpose of
picking up or discharging passengers;
viii.
regulating the manner in which and the times and places at which and the
conditions on which vehicles may draw up, stand, park, wait or be left
unattended on highways;
ix.
for the purpose of paragraph (vii) defining the expressions "draw up",
"stand", "park", "wait" and "unattended";
x.
regulating the parking, standing or waiting of vehicles on highways, in order
to facilitate snow ploughing, snow removal or street cleaning;
xi.
regulating the leading or driving of horses, cattle, sheep and other animals on
highways;
xii.
regulating the manner and prescribing the conditions subject to which and
the times at which horses may be ridden on highways;
xiii.
prescribing places on highways and in other public places where vehicles may
or may not wait, either generally or at particular times, and the manner of
placing those vehicles;
xiv.
regulating the reservation of highways or parts of highways for parking
purposes and the charging and collection of fees for parking, and generally in
respect of other matters in connection with parking for which the council
considers regulations necessary; and
xv.
for enabling the council, in the event of a person failing to do anything which
under the regulations that person ought to have done, to do that act and to
recover the expenses of that act from the person so in default as a civil debt.
b) A council to which the Minister of Works, Services and Transportation has delegated
power under subsection (a) may make different regulations under that subsection in
respect of different classes or descriptions of vehicles or traffic and in respect of the
same class or description of vehicles or traffic in different circumstances, and may make
regulations to apply generally or to a particular part of the municipality or to particular
places or roads, streets or bridges and generally or during particular periods or at or
between specified times or on specified occasions or at specified times only or in
particular circumstances or conditions only, and may prescribe exceptions or limitations
in favour of or against vehicles or traffic of a particular class or kind of vehicles operated
for a specified purpose.
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c) Subject to the approval of the Minister of Works, Services and Transportation, a council
may make regulations under subsection (a) specifying penalties.
d) A council which makes regulations in respect of a matter referred to in paragraphs (a)(i)
to (xii) may appoint 1 or more peace officers to enforce the regulations.
e) A peace officer appointed under subsection (d) has and may exercise within the limits of
the municipality under the control and management of the council the powers of a
peace officer in connection with the enforcement of the regulations made by the
council under subsection (a).
f) Notwithstanding subsection (g), regulations made by a council under subsection (a)
have effect only within the limits of the municipality and in respect of those roads,
streets, lanes, sidewalks, parking areas and bridges within the municipality the
ownership, management or control of which is vested in the council and, subject to the
approval of the minister, in respect of a highway which passes through the municipality
and the ownership, management and control of which is not vested in the council.
g) A council to which the minister has delegated the power to make regulations under
subsection (a) has and shall be considered to have had power to amend or revoke and
substitute other regulations for regulations made by the minister under section 187 or
section 60 of the Works, Services and Transportation Act on a matter referred to in
subsection (a) and regulations made under subsection (a) prevail over regulations made
under section 187 or section 60 of the Works, Services and Transportation Act in respect
of those matters referred to in subsection (a) of this section.
h) A council shall publish a notice in the Gazette and in at least one newspaper circulating
in the municipality stating that it has made regulations under this section and the
council shall make the regulations available upon request, without charge.
i) Regulations made by a council under this section have effect from the date of
publication of the notice referred to in subsection (h) in the Gazette or from a later date
that may be specified in the regulations.
j) Regulations made by a council under this section but not published in the Gazette as
required by subsection (h) as it read before the passage of subsection (h) at the same
time as the passage of this subsection are considered to have had effect for all purposes
notwithstanding that they were not published.
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PARKING ON ROADWAY PROHIBITED
4.
a) Where outside of an urban district it is practicable to stop, park or leave a vehicle off the
roadway, a person shall not stop, park or leave the vehicle either unattended or
attended on the roadway.
b) A person shall not park a vehicle so as to obstruct the free passage of traffic on the
roadway.
c) Subsections (a) and (b) do not apply when a vehicle is so disabled that it is not
practicable to avoid stopping and temporarily leaving it on a roadway.
PARKING NEAR BUS STOP
5.
a) Except where otherwise provided by a sign erected under this Act, a person shall not
stop or park a vehicle within a distance of 20 meters from a bus stop or school bus stop
erected under this Act or the regulations where the distance is measured from the sign in
the direction from which traffic approaches the sign on the side of the highway on which
the sign is erected.
PARKING ON PRIVATE LAND
6.
a) Except with the permission of the owner of the land given either orally or in writing
and without or subject to conditions, the driver of a vehicle shall not park the vehicle
upon private land.
b) A driver who receives permission under subsection (a) shall park the vehicle in
accordance with the conditions to which the permission is subject or, where there are
no conditions, as otherwise directed by the owner of the land.
c) A driver who commits a breach of this section is guilty of an offence and liable on
summary conviction to a fine prescribed in the Schedule.
d) A fine paid under subsection (c) shall, where a prosecution is taken and conducted in
accordance with paragraph (6)(a), after deduction of the costs of the court be paid to
the owner of the land.
e) A court shall not convict an owner of a vehicle parked in contravention of this section
where the court is satisfied that the owner did not park the vehicle and that the
vehicle was parked contrary to the owner's instructions.
f) Prosecutions under this section may be taken and conducted
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i.
by and in the name of the owner of the land on which the vehicle is
parked; or
ii.
where the land in respect of which the offence was committed is owned
by a church, school or hospital and whether or not the land forms part of
the land on which the church, school or hospital is located
Ø by and in the name of a peace officer acting on a complaint of the
owner or of a person representing the owner, or
Ø by and in the name of a municipality.
g) Nothing contained in this section is a bar to an action for trespass but, where
i.
an action for trespass is taken based on an occurrence which is a breach
of this section, a prosecution shall not be taken under this section; or
ii.
a prosecution is taken under this section, an action does not lie or shall
not be taken for trespass based on the occurrence which gave rise to the
prosecution.
h) For the purpose of this section
i.
"driver" includes the owner of the vehicle;
ii.
"owner", where the reference is to land and not to a vehicle, includes the
lessee or occupier of the land;
iii.
"park" means to permit a vehicle whether occupied or not to remain in a
stationary position; and
iv.
"person" includes a partnership.
i) This section does not apply to land outside a municipality unless the land is
surrounded by a fence or unless the owner by sign erected on the land or otherwise
indicates that the land is private or that parking on it is prohibited or restricted.
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PLACES WHERE PARKING PROHIBITED
7.
a)
Except where otherwise provided in an urban district by a traffic authority or where
necessary to avoid conflict with traffic or to comply with the law or the directions of a
traffic officer or traffic-control device, a person shall not stop, stand or park a vehicle on
a highway so that the vehicle or a part of it is
i. on a sidewalk or an area generally used or intended for use by pedestrians;
ii. in front of a public or private driveway or in front of an authorized loading door
designated as that by the minister or a traffic authority;
iii. within an intersection or within 6 meters of an intersection;
iv. within 1 meter from the point on the curb or edge of the roadway immediately
opposite a fire hydrant;
v. within a crosswalk;
vi. within 6 meters of the approach of a crosswalk;
vii. within 10 meters upon the approach to a flashing beacon, stop sign or traffic-control
signal located at the side of a roadway;
viii. within 6 metres either side of the entrance to or exit from a hotel, church, school,
public meeting place, theatre, dance hall or playground;
ix. between a safety zone and the adjacent curb or within 10 meters of points on the curb
immediately opposite the ends of a safety zone, unless a traffic authority indicates a
different length by signs or markings;
x. within 7 meters of a driveway entrance to a fire station or on the side of a street
opposite the entrance to a fire station within 100 meters of the entrance when properly
marked with signs;
xi. alongside or opposite a street excavation or obstruction when stopping, standing or
parking obstructs traffic;
xii. on the roadway side of a vehicle stopped or parked at the edge or curb of a roadway;
xiii. upon a bridge or other elevated structure upon a highway, or within a highway tunnel;
or
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xiv. in a place in contravention of a traffic-control device that gives notice that stopping,
standing, or parking is there prohibited or restricted.
xv. No person shall park an unattended vehicle on any street or road in the Town during
and for 48 hours after a snowfall where it impedes or hinders snow clearing operations.
xvi. Where a sign which has the words "NO PARKING " or a symbol for "NO PARKING"
inscribed on it is erected on a highway and the part of the highway to which the sign is
applicable is clearly indicated by painted red or white lines or words or markers on the
highway or by additional words inscribed on the signs describing the area to which the
prohibition of the sign is applicable by name or other description or by reference to
another sign erected on or near the same highway, the driver of a vehicle shall not park
the vehicle in the area to which the sign applies, or between the hours or during the
time specified on the sign.
xvii. Where a sign which has the words "NO PARKING EXCEPT UNDER PERMIT" or a symbol
for "NO PARKING EXCEPT UNDER PERMIT" inscribed on it is erected on a highway and
the part of the highway to which the sign is applicable is indicated by painted red or
white lines or words or markers on the highway or by additional words or symbols
inscribed on the sign describing the area to which the prohibition of the sign is
applicable by name or other description or by reference to another sign erected on or
near the same highway, a person other than the person to whom the permit was issued
shall not park a vehicle in the area to which the sign applies.
xviii. Signs to indicate places where commercial motor vehicles may be parked on a highway
shall be considered to prohibit a vehicle other than a commercial motor vehicle from
stopping or standing
(a) nearer to the sign than the distance; or
(b) within the area inscribed or referred to on the sign by name or other
description or by reference to another sign erected on or near the same highway.
PARKING ON THE RIGHT SIDE
8.
a) Except where a traffic authority otherwise permits, a driver shall not stop, stand or
park a vehicle on a highway other than on the right side of the highway parallel to
that side and, where there is a curb, with the wheels within 30 centimeters of the
curb.
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PARKING IN DANGEROUS POSITION
9.
a) A person in charge of a vehicle shall not permit the vehicle or a trailer attached to
the vehicle to remain at rest on a highway in a position or condition or under
circumstances likely to cause danger to other persons using the highway.
PARKING WHERE NOT VISIBLE TO TRAFFIC
10.
a) A person shall not park a vehicle upon a highway in a position that it is not visible to
approaching traffic in both directions on the highway for a distance of 60 meters,
except for the purpose of repairing the vehicle when repairs to the vehicle on the
highway are necessary.
PARKING OF VENDING VANS
11.
a) The owner or operator shall not permit to remain in a stationary position a vehicle
or trailer designed and used for the purpose of preparing for sale or selling cooked
foodstuffs, candy, bottled or other beverages, tobacco or cigarettes, on a highway
outside a municipality or, within a municipality, on a highway which is not under the
management or control of the municipality.
LITTERING HIGHWAY
12.
a) A person shall not throw, deposit or leave on a highway ordinary litter, rubbish,
refuse, waste, glass, nails, tacks, scraps of metal or other waste material.
b) A person who removes a wrecked or damaged vehicle from a highway shall remove
any glass, any substance which may injure tires of a vehicle or any other substance
referred to in subsection (1) deposited upon the highway by the vehicle or as a result
of the damage or wreck.
c) A person shall not deposit or throw ice or snow on a highway unless permission to
do so has been granted by the authority responsible for road maintenance in the
area.
d) A vehicle owner is responsible for a violation of this section and shall incur the
penalty that arises from that violation.
e) Notwithstanding subsection (4) of this section and section 210, where an owner
proves that at the time of a violation of this section he or she was not the driver of
the vehicle or that the vehicle was in possession of some person other than the
owner without the owner's consent, the owner shall not incur the penalties provided
for that violation.
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f) No person shall place any object or structure including objects or structures used for
street sports), on any street which interferes with the flow of traffic. Any object or
structure so placed may be removed by any person authorized by Council, at the
owner's expense.
COMMERCIAL VEHICLES
13.
a) The Council is hereby authorized to determine and designate from time to time by
resolution those streets in the Town, access to which by commercial vehicles may be
restricted or prohibited.
b) No person shall operate a commercial vehicle upon any street in a manner contrary
to any restriction or prohibition.
c) All Commercial Vehicles within the Town shall be parked only on;
i. land approved by Council for business or commercial purposes,
ii. commercial parking lots,
iii. other land as approved by council, at their discretion.
d) No business or person shall park or permit to park a Commercial Vehicle on any part
of a highway, or on any designated public parking area within the Town.
e) No business or person shall park or permit to park any Commercial Vehicle on a
landscaped area or a vacant lot whether the land is publicly or privately owned
without written permission from the Town.
f) Notwithstanding the provisions of subsections 13 (c), (d), (e) one Taxi may be parked
or permitted to be parked on any part of a driveway which abuts or is adjacent to any
residential or accessory building.
g) Notwithstanding the provisions of subsections 13 (c), (d), (e) Council may grant
permission in their discretion, that one Commercial Vehicle may be parked or
permitted to be parked on any land or any part of a highway which abuts or is
adjacent to any residential or accessory building on the property. Council may fix
terms of such permit as they see fit. The provisions of this regulation shall not apply
to construction related Commercial Vehicles without written permission from the
Town.
h) No person shall park a commercial vehicle operating refrigerating equipment within
50 meters of a residential dwelling unit.
i) Subsection (d) shall not apply to a commercial vehicle while actively engaged in the
process of delivery of or removal of, goods from any premises adjoining and or
abutting such street.
Town of Bay Roberts Traffic Regulations
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j) No person shall park any commercial vehicle carrying hazardous, contaminated or
dangerous substances or materials, waste, garbage, or which harbor vermin or
pestilence, or which remit noxious or unwholesome odours on any street.
k) No person shall transfer hazardous, contaminated or dangerous substances or
materials from one commercial vehicle to another within the Town of Bay Roberts
except where written permit is provided by Council and in accordance with approvals
from applicable government departments and agencies.
l) The operator of a commercial vehicle loading or unloading freight within the Town
shall,
(i)
if practicable, place such vehicle off the highway into a private parking
space;
(ii)
where no private parking space is available; place such vehicle as near as
possible to the curb or side of the highway and load or unload as quickly
as possible;
(iii)
in no case shall an operator place a commercial vehicle in such a position
as to excessively hinder or obstruct the normal flow of traffic either
vehicular or pedestrian.
J) These Regulations shall not prohibit:
i.
The operation of an emergency vehicle upon any street in the Town;
ii.
The operation of commercial motor vehicle owned or operated by the Town,
Public Utilities or any contractor engaged in the repair, delivery of materials,
maintenance or construction of streets, street improvements, or street utilities
within the Town; or
iii.
The operation of commercial motor vehicles upon any officially established
detour in the Town
OTHER LIMITATIONS
14.
a) No structure, object or vehicle, other than a vehicle licensed under the Highway Traffic
Act, shall be moved or operated, by any person, over a highway or bridge, within the
Town, except with a written permit of Council, which permit may be subject to such
conditions, if any, as Council may deem appropriate.
b) Notwithstanding subsection (a), no vehicle that is propelled over tracks or other device,
other than tires, shall be moved or operated, by any person, over a highway or bridge
Town of Bay Roberts Traffic Regulations
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within the Town, except with a written permit of Council, which permit may be subject
to such conditions, if any, as Council may deem appropriate.
c) A person shall not cause or permit any vehicle which is wholly or partially on any street
to be repaired, except for minor repairs in the event of a breakdown or emergency.
d) A person shall not transport in any manner whatsoever on a street, sand, stone, earth,
dirt, manure, lumber, metals or rubbish or any loose fluid or semi-fluid in such manner
as to cause or permit the spilling or the scattering of same on a street.
e) A person shall not place or caused to be placed anything upon any street or engage in
action which will interfere with or tend to interfere with the free and/or uninterrupted
and/or unobscured passage of persons and/or vehicles over a street, except as may be
permitted in these regulations, and without restricting the generality of the foregoing,
no owner of property shall permit a plant or shrubbery on that person's property to
grow into or over a street and/or sidewalk and/or street reservation in such a way that
it will interfere with the free and uninterrupted and/or unobscured passage of the
public and/or vehicles over a street or sidewalk.
f) Where any person has let stand, stop and or park a motor vehicle upon any highway
within the Town, in contravention of these Regulations, or where any motor vehicle has
been apparently abandoned upon a highway within the Town for longer than twenty-
four hours, the Council or any person authorized for the purpose by the Council, may
remove that vehicle, at the owner's risk and expense, to a place selected by the Council
or person so authorized.
g) The Council may dispose, in the manner outlined in section 14 (h) of these Regulations,
of any vehicle removed and stored under these regulations, if the vehicle is not claimed
by the owner within ninety (90) days of removal and storage and the requirements of
paragraph 14 (h) of these Regulations are not met.
h) Prior to the return of the vehicle to its owner the owner shall pay the costs of its
removal and storage as determined by the Council and where such costs are not paid by
the owner, the Council may sell the vehicle by public sale or public auction to satisfy
such costs including the costs of and incidental to the public sale or public auction
OFFENCE
15.
a)
Any person who violates or otherwise contravenes any of the provisions of these
Regulations, shall be guilty of an offence and shall be liable on summary
conviction to a fine or not more than the maximum and not less than the
minimum amount as prescribed for the offence in Schedule "A" to these
Regulations and appearing in that Schedule opposite the number or letter or
both of the Regulations, subsection or paragraph concerned.
Town of Bay Roberts Traffic Regulations
Page 17 of 20
b)
Each separate day upon which the same offence is committed or continued is a separate
offence
c)
Neither Council nor its authorized agents shall be responsible for damages caused to
any vehicle in the enforcement of these regulations.
ENFORCEMENT
16.
a)
Enforcement of these regulations may be taken summarily by a Police Constable,
Municipal Enforcement Officer, Director of Protective Services and/or Town
employee specially authorized for such purpose and or by any other individual
duly appointed as an agent representing the Town for such purpose.
b)
Any person referred to paragraph 16 (a) of the regulation may issue a violation
notice to a person who contravenes any regulation herein.
(c)
Any offence under these regulations may be prosecuted by means of a traffic
ticket issued under these regulations pursuant to the provisions of the Provincial
Offences Act.
COMPLIANCE WITH OTHER ACTS AND REGULATIONS
17.
Nothing in these Regulations serves to exempt any person from obtaining any license,
permission, permit, authority or approval required by any other regulation of the Town
or by any statute or regulation of the Province of Newfoundland and Labrador, or of
Canada.
In Witness Whereof the Seal of the Town of Bay Roberts has been affixed hereto and these
regulations have been signed by the Mayor and the Chief Administrative Officer on behalf of
Council on this nineth day of June 2020.
Phillip Wood
Nigel Black
Mayor
Town Administrator
Town of Bay Roberts Traffic Regulations
Page 18 of 20
SCHEDULE A
Town of Bay Roberts
Schedule of Penalties
Section
Subsection
Offence
Fine
4
(a)
Parking on roadway
$45.00
(b)
Parking so as to obstruct traffic
$45.00
5
(a)
Parking too close to bus stop
$45.00
6
Parking on private land
$45.00
7
(a)
(i)
Parking on sidewalk
$45.00
(ii)
Parking in front of driveway or
authorized loading door
$45.00
(iii)
Parking within an intersection
$45.00
(iv)
Parking too close to fire hydrant
$45.00
(v)
Parking within a crosswalk
$45.00
(vi)
Parking within 6 meters of the
approach side of crosswalk
$45.00
(vii)
Parking within 10 meters of traffic-
control signal on side of roadway
$45.00
(viii)
Parking too near the entrance to
or exit from hotel, school, church,
etc.
$45.00
(ix)
Parking too near safety zone
$45.00
(x)
Parking too near fire station
$45.00
(xi)
Parking too near street excavation
or obstruction and obstructing
traffic
$45.00
(xii)
Parking on the road- way side of a
stopped or parked vehicle
$45.00
(xiii)
Parking on a bridge or in a highway
tunnel
$45.00
(xiv)
Failure to observe traffic-control
device prohibiting parking or
stopping
$100.00
(xv)
Parking on a street during a
snowfall extending up to 48-hours
immediately following a snowfall
$45.00
(xvi)
Failing to obey no parking signs
$45.00
(xvii)
Parking in prohibited area without
permit
$45.00
Town of Bay Roberts Traffic Regulations
Page 19 of 20
(xviii)
Parking in places reserved for
commercial motor vehicles
$45.00
8
(a)
Failing to park on right side of
highway
$45.00
9
(a)
Parking so as to cause danger to
persons using highway
$100.00
10
(a)
Parking on highway where vehicle
not visible to approaching traffic
$45.00
11
(a)
Parking vending vehicle on
highway
$45.00
12
(a)
Throwing glass, etc., upon highway $100.00
(b)
Failing to remove injurious
material
$100.00
(c)
Deposit or throw ice or snow on a
highway
$45.00
(d)
Placing object or structure on a
street
$50.00
13
(b)
Operating a commercial vehicle
upon any street in a manner
contrary to any restriction or
prohibition
$100.00
(d)
Commercial Vehicle parked on any
part of a highway, or on any
designated public parking area
$100.00
(e)
Commercial Vehicle parked on a
landscaped area or a vacant lot.
$100.00
(h)
Refrigerating equipment within 50
meters of a residential dwelling
unit
$100.00
(j)
Commercial vehicle carrying
hazardous, contaminated or
dangerous substances or
materials, waste, garbage, or
which harbor vermin or pestilence,
or which remit noxious or
unwholesome odors on any street.
$100.00
(k)
Transferring hazardous,
contaminated or dangerous
substances or materials from one
commercial vehicle
$100.00
Town of Bay Roberts Traffic Regulations
Page 20 of 20
14
(a)
Movement of structure, object or
vehicle not licensed under the
Highway Traffic Act without
Council approval.
$45.00
(b)
Movement of vehicle not on tires
without approval of Council
$45.00
(c)
Repairing a vehicle on a street
$45.00
(d)
Transporting of substances in a
manner to permit spilling unto
street
$45.00
(e)
Placing object or structure on a
street or within a street
reservation
$45.00