Town of Conception Bay South Traffic By-Law

Conception Bay South, Newfoundland and Labrador · adopted 2025-01-22

This is the exact embedded text of the captured official document. Snapshot 8e9dceefd57b · verified 2026-08-29 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TRAFFIC BY-LAW PUBLISHED BY AUTHORITY Pursuant to the power delegated by the Minister of Transportation and Infrastructure under section 189 of the Highway Traffic Act, and pursuant to the authority conferred by section 8 (g) of the Towns and Local Service Districts Act, the Town of Conception Bay South has made the following Traffic By-Law. _____________________ DARRIN BENT MAYOR 1. TITLE This By-law shall be known and cited as "The Town of Conception Bay South Traffic By-Law." 2. DEFINITIONS In this By-law, the following words, unless the context otherwise requires, shall have the following meanings: (a) "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. (b) "Commercial Motor Vehicle" means a vehicle designated to carry goods and persons and includes a bus, a school bus, a truck (excluding vehicles 1 ¼ tones and under), a truck trailer and other motor vehicles designed for commercial use but does not include camper type vehicles designed or adopted exclusively for recreational purposes. (c) "Council" means the Town Council of Conception Bay South. This is not the official version. Town of Conception Bay South Traffic By-Law Page 2 (d) "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. (e) "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. (f) "Emergency Vehicle" means: (i) A motor vehicle driven by a constable or by a member of the police branch of any of Her Majesty's Armed Forces or a peace officer being a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police where there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in this By-law; (ii) A motor vehicle carrying firefighting equipment in responding to an alarm of fire; (iii) An ambulance responding to a call or transporting a patient where there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in this By-law; or (iv) A motor vehicle where there is an urgent emergency. (g) "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 and includes all the space between the boundary lines of the place or way. (h) "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 two or more highways that join one another at an angle, whether or not one of the highways cross the other. Town of Conception Bay South Traffic By-Law Page 3 (i) "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. (j) "By-law Enforcement Officer" means for the purpose of this By-law a person appointed as a By-law Enforcement Officer under section 278(1) of the Towns and Local Service Districts Act. (k) "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. (l) "Owner" means: (i) The person who holds the legal title to a vehicle; or (ii) In the case of a vehicle that is registered, the person in whose name it is registered. (m) "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 By-law or traffic signs or the direction of a traffic officer. (n) "Peace Officer" means a member of the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police, or a park warden appointed under the Public Service Employment Act (Canada) who is stationed in the province. (o) "Pedestrian" means a person on foot, a handicapped person in a wheelchair, or a child in a carriage or on a sleigh being pushed or pulled. (p) "Persons" means any persons, firm, partnership, association, corporation, or any organization of any kind. (q) "By-law" means Conception Bay South Traffic By-law made under the authority of the Highway Traffic Act and amendments and the Towns and Local Service Districts Act. (r) "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 Town of Conception Bay South Traffic By-Law Page 4 separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively. (s) "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 (iii) Used to transport children to or from school or to and from places other than school for the purpose of school related activities. (t) "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. (u) "Stop" when required means the complete cessation of movement. (v) "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 direction of a traffic officer or traffic control device or signal. (w) "Town" means the Town of Conception Bay South. (x) "Traffic" includes vehicles, pedestrians and animals while using a highway for the purpose of travel. (y) "Traffic Officer" means any person appointed by Council to enforce this By-law, including a By-law Enforcement Officer. (z) "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. (aa) "Vehicle" means a device in, upon or by which a person or property may be transported or driven upon a highway. Town of Conception Bay South Traffic By-Law Page 5 3. COUNCIL AUTHORITY (a) The Council may cause or permit traffic lights or signs to be placed on or near any highway within the limits of the Town. (b) Traffic lights or signs erected or authorized under subsection (a) of this By-law may be signs for any of the following purposes; (i) To regulate the movement of traffic; (ii) To indicate the route to be followed by traffic; (iii) To restrict or prohibit the use of any part of any highway, other than a main highway designed as such by the Minister of Transportation and Works, within the limits of the Town; (iv) To indicate maximum speed limits in any area or on any part of any highway within the limits of the Town, so that vehicles driven in excess of such speed shall be taken to have failed to conform to the indication given by the sign; (v) To restrict or prohibit the parking of vehicles in any area or on any part of any highway within the limits of the Town; (vi) To restrict or prohibit temporarily the use of any highway, other than a main highway designated as such by the Minister of Transportation and Works, or any part of any highway within the limits of the Town, whenever, owing to the likelihood of danger to the public or serious damage to the highway, it appears to the Council to be necessary; and to limit the loads of vehicles owing to the condition of the highway if the Council deems it necessary, provided that the traffic lights or signs shall not apply to any person granted a permit in writing by the Council to use the highway in case of an emergency; (vii) To warn users of the highway of the need for special caution; (viii) To convey information to users of the highway within the limits of the Town; (ix) To set out proper pedestrian crossing on any highway within the limits of the town; and Town of Conception Bay South Traffic By-Law Page 6 (x) To restrict or reserve specific parking spaces for the sole use of disabled person. (c) Any person who fails to comply with the directions, restrictions, prohibitions, or warnings given by traffic lights or signs erected in accordance with this By-law shall be guilty of an offence against this By- law. 4. PARKING OFFENCES (a) No person shall stop, stand or park a vehicle on a highway so that the vehicle or any part of it is: (i) On a sidewalk or an area generally used by 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 such; (iii) Within 6 metres of an intersection; (iv) Within 1 metre from any fire hydrant; (v) Within a crosswalk; (vi) Within 6 metres of the approach side of a crosswalk; (vii) Within 10 metres upon the approach to any flashing beacon, stop sign, or traffic-control sign or signal located at any 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) Within a distance of 20 metres from a bus stop erected under this By-law, except where otherwise provided by a sign erected under this By-law; (x) Within 7 metres of a driveway entrance to a fire station; (xi) Alongside or opposite a street excavation or obstruction when stopping, standing or parking obstructs traffic; Town of Conception Bay South Traffic By-Law Page 7 (xii) In a place in contravention of a traffic control device that gives notice that stopping, standing or parking is there prohibited or restricted; (xiii) Parked on the left side of the highway in the direction it is heading, excepting where such parking is designated by proper signs erected by Council; (xiv) Within 150 metres of any site where a fire is in progress unless permission has been obtained from a police constable, excepting a fire engine, ambulance, clergy car, police car, medical doctor's car or nurse's car; (xv) Parked in such a manner as to interfere with, hinder or obstruct the normal flow of traffic; (xvi) Parked on highway property between the curb or edge or the roadway and the boundary line of the highway; (xvii) On any property classified as an easement or upon which Council grants a permit; (xviii) For the purpose of displaying the vehicle for sale; (xix) For the purpose of washing, greasing or repairing the vehicle, except for such repairs as have been necessitated by an emergency; (xx) Parked in an area designated as a parking space for disabled persons only. (b) No person shall double park any motor vehicle on any highway within the limits of the Town. (c) No person shall park or stop any vehicle on any roadway unless on the right hand side of the roadway having regard to the direction in which the vehicle was proceeding with the right front and rear wheels parallel to and not more than thirty (30) centimeters from the curb where there is a raised curb, or where there is no curb or a rolled curb, with the right front and rear wheels parallel to and as near the right hand limit of the roadway as is practical without stopping or parking over a sidewalk or footpath or over any part of the road where grass is grown or which is not intended for the use of vehicles. Town of Conception Bay South Traffic By-Law Page 8 (d) No person shall stand, stop or park or drive a vehicle upon any highway or public area within the Town in contravention to any signs that may be posted by Council. (e) On the day of Regular Garbage collection, as indicated in the Town of Conception Bay South's Garbage Collection Schedule, no person shall park an unattended motor vehicle on any street or road reservation that is scheduled for automated garbage collection between the hours of 7:00 a.m. and 5:00 p.m. (f) No person shall park or store a trailer or off-road motor vehicle on any highway or road reservation in the Town. (g) 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 metres, except for the purpose of repairing the vehicle when repairs to the vehicle on the highway are necessary. 5. COMMERCIAL VEHICLES OFFENCES (a) The Council is hereby authorized to determine and designate these streets in the Town, which shall be used by commercial motor vehicles. (b) This By-law shall not prohibit: (i) The operation of commercial motor vehicles upon any street where necessary to the conduct of business at a destination point, provided that streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point; (ii) The operation of an emergency vehicle upon any street in the Town; (iii) 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 of Conception Bay South; or (iv) The operation of commercial motor vehicles upon any officially established detour in the Town of Conception Bay South. (c) No person shall park any commercial motor vehicle in any residential zone in the Town of Conception Bay South, unless a permit for the parking has Town of Conception Bay South Traffic By-Law Page 9 been issued by the Council in conformity with the Conception Bay South Commercial Motor Vehicle By-Law. (d) An application for a permit to park any commercial motor vehicle in any residential zone shall be made to the Council in such form as prescribed by the Council and every applicant for a permit shall furnish with the application such information as Council may require. (e) The Council shall attach to the permit such conditions as it deems fit for the parking of any commercial motor vehicle in a residential zone and may permit parking for such limited time as it deems fit. (f) The driver of a commercial vehicle loading or unloading freight within the Town shall, if possible, place such vehicle off the highway into some private parking space; where no alternative loading or unloading point exists, place such vehicles as near as possible to the curb or side of the highway and load or unload as quickly as possible, but in no case shall a driver place a commercial vehicle in such a position as to excessively hinder or obstruct the normal flow of traffic either vehicular or pedestrian. 6. SNOW CLEARING (a) No person shall park any unattended motor vehicle on any highway or municipal parking area in such a way as to interfere with, hinder or obstruct snow clearing operations. (b) No person shall park an unattended vehicle on any highway or road reservation within the Town: (i) Between the hours of 12:00 midnight and 10:00 am during the snow clearing period (ii) During a snow storm (iii) During the 24 hours immediately following a snow storm. (c) Any motor vehicle parked contrary to 6 (a) or (b) may be towed away by Council or their representatives, at the owner's risk and expense, to a place selected by the Council or person so authorized. (d) No person shall deposit or cause or permit to be deposited any snow and/or ice from driveways, sidewalks, parking lots or any other property, under their ownership or control, onto any street or road reservation within the Town. Town of Conception Bay South Traffic By-Law Page 10 7. OTHER LIMITATIONS (a) No structure, object or vehicle, other than a vehicle licensed under the Highway Traffic Act, shall move over a highway or bridge, within the Town except with the written approval of Council. (b) Notwithstanding subsection (1), no vehicle that is propelled over tracks or other device, other than tires, shall move over a highway or bridge, within the Town except with the written approval of Council. 8. ABANDONED VEHICLES (a) When a vehicle: (i) Is standing, stopped or parked upon a highway within the Town limits or bridge in such a position that it may; (1) Interfere with the pedestrian or vehicular traffic; (2) Constitute a hindrance to the maintenance, repair or improvement thereof; (3) Hinder or impede the ploughing of or removal of snow or ice therefrom; or (4) Hinder or impede the carrying out of any undertaking of the Council; or (ii) Has been apparently abandoned upon a highway within the Town limits, road reservation, sidewalk, bridge or municipal parking area for longer than forty-eight (48) hours; or (iii) Has been left unattended upon any highway within the Town limits, sidewalk or bridge in contravention of this By-law, 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. (b) The Council may dispose of any vehicle removed and stored under this By-law, by Public Sale or Auction, if the vehicle is not claimed within ninety (90) days of removal and storage. Town of Conception Bay South Traffic By-Law Page 11 (c) 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 on Public Sale or Auction to satisfy such costs upon notice to the owner, including the costs, if any, of or incidental to the Public Sale or Auction. 9. ANTI LITTER OFFENCES (a) A person shall not throw or deposit or cause to be thrown, deposited or left on a highway, glass, nails, tacks scraps of metal or other material, rubbish, refuse or waste which may injure tires of vehicles. (b) A person who removes a wrecked or damaged vehicle from a highway shall remove glass or any injurious substance or thing dropped upon the highway from the vehicle. (c) 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. 10. OFFENCE Notwithstanding Section 5 of the Provincial Offence Act, any person who violates any of the provisions of this By-law, shall be guilty of an offence and shall be liable on summary conviction to a fine of not more than the maximum and not less than the minimum amount as prescribed for the offence in Schedule "A" to this By-law and appearing in that Schedule opposite the number or letter or both of the By-law, subsection or paragraph. 11. APPLICATION (a) No person other than a Peace Officer may use emergency lights on his or her vehicle to stop a moving vehicle that is engaged in the commission of an offence under this By-law to apprehend an offender. (b) Subject to subsection 11 (a), a Peace Officer, a By-law Enforcement Officer or a Traffic Officer may enforce this By-law. Town of Conception Bay South Traffic By-Law Page 12 12. REPEAL OF PREVIOUS REGULATIONS AND AMENDMENTS All previous Town of Conception Bay South Traffic Regulations and amendments are repealed. 13. COMPLIANCE WITH OTHER ACTS AND REGULATIONS Nothing in this By-law serves to exempt any person from obtaining any license, permission, permit, authority or approval required by any other regulation of the Town or any statute or regulation of the Province of Newfoundland and Labrador, and in such cases where more than one regulation or statute applies the more restrictive regulation or statute shall apply. 14. EFFECTIVE DATE This By-law shall come into force on the 22nd day of January, 2025. In witness whereof the Seal of the Town of Conception Bay South has been affixed hereto and this By-law has been signed by the Mayor and the Chief Administrative Officer on behalf of Council on this 22nd day of January, 2025. Darrin Bent Brian Crawley Mayor Chief Administrative Officer Town of Conception Bay South Traffic By-Law Page 13 SCHEDULE A Town of Conception Bay South Schedule of Fines section subsection offence fine 4 (a) (i) Parking on sidewalk $50.00 (ii) Parking in front of public or private driveway $50.00 (iii) Parking within 6 metres of intersection $50.00 (iv) Parking within 1 metre of fire hydrant $50.00 (v) Parking within a crosswalk $100.00 (vi) Parking within 6 metres of a crosswalk $50.00 (vii) Parking within 10 metres of a traffic control device $50.00 (viii) Parking within 6 metres of an entrance or exit to hotel, church, school, public meeting place, theatre, dance hall or playground $50.00 (ix) Parking within 20 metres of a bus stop $50.00 (x) Parking within 7 metres of a fire station $50.00 (xi) Parking opposite or beside a street excavation $50.00 (xii) Parking contrary to signs $50.00 (xiii) Parking on left side of highway $50.00 (xiv) Parking within 150 metres of the site of a fire $50.00 (xv) Parking as to obstruct traffic $50.00 (xvi) Parking on highway property outside curb $50.00 (xvii) Parking on property classified as easement $50.00 (xviii) Parking on highway to display vehicle for sale $50.00 (xix) Parking on highway for repairs $50.00 (xx) Parking in accessible parking space $400.00 (b) Double Parking $50.00 (c) Parking away from the curb $50.00 Town of Conception Bay South Traffic By-Law Page 14 (d) Stop stand or park in area prohibited by signs $30.00 (e) Parking on Highway or road reservation on garbage collection day between 7am and 5pm $50.00 (f) Parking a trailer or Off-Road motor Vehicle on a highway $50.00 (g) Parking on highway where vehicle not visible to approaching traffic $50.00 5 (c) Commercial motor vehicles parking in residential zones without a permit $100.00 6 (a) Parking so as to obstruct snow clearing $50.00 (b) (i) Parking on a highway or municipal parking area between 12 midnight and 10:00 am $50.00 (b) (ii) Parking on a highway during a storm $50.00 (b) (iii) Parking on a highway 24 hours immediately following a snow storm $50.00 (d) Depositing snow on a street or road reservation $50.00 7 (a) Movement of structure, object or vehicle not licensed under the Highway Traffic Act without Council approval. $50.00 (b) Movement of vehicle not on tires without approval of Council $50.00 9 (a) Throwing injurious materials or rubbish on highway $50.00 (b) Failure to remove glass injurious substance dropped upon the highway from a wrecked vehicle $50.00 (c) Placing object or structure on a street $50.00