Traffic Regulations of the Town of Pasadena

Pasadena, Newfoundland and Labrador

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4148-8856-9401 PUBLISHED BY AUTHORITY The following Regulations have been made by the Town of Pasadena under Section 414( 2) of the Municipalities Act, 1999, SNL 1999, c M- 24 and the authority conferred by the Minister of Transportation and Infrastructure der Sections 189 and 190 of the Highway Traffic Act, RSNL 1990. c H- Mayor Short Title 1. These Regulations may be cited as the Traffic Regulations of the Town of Pasadena. Definitions 2. In these Regulations: a) " Act" means the Highway Traffic Act, RSNL 1990, c H- 3, as amended. b) " Bicycle" means every device propelled by human power upon which a Person may ride, having two tandem wheels. c) " Commercial Motor Vehicle" means any Motor Vehicle with a registered mass weight exceeding Five Thousand ( 5, 000) kilograms, a bus with a seating capacity exceeding Ten ( 10) passengers, heavy equipment including loaders, backhoes or a trailer designed to carry freight or equipment of any description, but shall not mean a Motor Vehicle designed and used for recreational purposes. d) " Council" means the Town Council of the Town of Pasadena. e) " 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. f) " Double Park" means to park a Motor Vehicle alongside one that is already parked at the side of a Highway. g) " Driver" means a Person who drives or is in actual physical control of a Motor Vehicle, regardless of whether such Motor Vehicle is in motion. h) " Driver' s Licence" means a licence which has been issued under the Act, including a licence issued to a novice driver, authorizing the Person to whom it is issued to drive a Motor Vehicle and which has not expired or been suspended or cancelled, 4148- 8856- 9401 i) " 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. j) " Emergency Vehicle" means; i) a Motor Vehicle driven by a Peace Officer or by a member of the police branch of any of His Majesty' s Armed Forces where there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in these Regulations; ii) a Motor Vehicle carrying firefighting equipment in response 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 these Regulations; or iv) a Motor Vehicle where there is an urgent emergency. k) " 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. I) " 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. m) " Mayor" means the Mayor of the Town of Pasadena. n) " Motor Vehicle" means a vehicle propelled, driven or controlled by means other than muscular power, other than a trailer or a vehicle running on fixed rails. o) " Municipal Enforcement Officer" means a person appointed as a Municipal Enforcement Officer under the Act. p) " Owner" means: i) the Person who holds the legal title to a Motor Vehicle; or ii) in the case of a Motor Vehicle that is registered, the Person in whose name it is registered. q) 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 direction of a Traffic officer. r) " Peace Officer" means a member of: i) the Royal Canadian Mounted Police; 4148- 8856- 9401 ii) the Royal Newfoundland Constabulary; and iii) a Park Warden appointed under the Public Service Employment Act Canada) who is Stationed in the Province of Newfoundland and Labrador. s) " Pedestrian" means a natural person on foot, a handicapped person in a wheelchair, or a child in a carriage or on a sleigh. t) " Person" means a natural person or any other legal entity u) " Regulations" means these Traffic Regulations. v) " School Bus" means a Motor Vehicle designed or used to carry 7 or more passengers, in addition to the Driver, which is owned, operated by, or contracted to a school board or agent of a school board, and used to transport children to or from school or to and from places other than school for the purpose of school related activities. w) 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. x) " State of Emergency" means an order declaring a state of emergency under Section 17. y) " Taxi" means a Motor Vehicle other than a bus or school bus used by a Driver to transport passengers for compensation. z) " Town" means the Town of Pasadena. aa) " Traffic" includes Motor Vehicles, Pedestrians and animals. bb) " Traffic Officer" means any Person appointed by Council to enforce these regulations, including a Municipal Enforcement Officer. cc) " 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. dd) " Vehicle Licence" means a licence which has been issued under the Act in respect of a Motor Vehicle and which has not expired or been suspended or cancelled. Licenses 3. A Vehicle License shall be kept in the Motor Vehicle in respect of which it is issued and the driver of the vehicle shall produce the license whenever a traffic officer or Municipal Enforcement Officer so requests. 4. The Driver of a Motor Vehicle shall produce a Driver' s License whenever requested by a Traffic Officer no later than Forty Eight ( 48) hours after such a request is made. 4148- 8856- 9401 f) Identification 5. A Driver of a Motor Vehicle shall provide a Traffic Officer with the Driver' s name and place of residence upon the making of such a request. 6. Every Person commits an offence who, contrary to Section 5: a) refuses to provide a Traffic Officer with their name and place of residence; or b) provides a Traffic Officer with a false name or place of residence. Speed Limits 7. No Person shall drive a Motor Vehicle at a speed greater than 40 kilometers per hour within the Town unless expressly permitted by a Traffic Sign. 8. Every Person commits an offence who, contrary to Section 7: a) exceeds the speed limit by between one and ten kilometers per hour; b) exceeds the speed limit by between eleven and twenty kilometers per hour; c) exceeds the speed limit by between twenty- one and thirty kilometers per hour; or d) exceeds the speed limit by thirty- one kilometers per hour or more. Traffic Signaqe 9. The Council may cause or permit traffic lights or Traffic Signs to be placed on or near any Highway or Roadway within the limits of the Town, including but not limited to Traffic Signs which: a) regulate the movement of Traffic; b) indicate the route to be followed by Traffic; c) 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 Infrastructure within the limits of the Town; d) indicate maximum speed limits in any area or on any part of any Highway within the limits of the Town, so that Motor Vehicles driven in excess of such speed shall be taken to have failed to conform to the indication given by the sign; e) restrict or prohibit the parking of Motor Vehicles in any area or on any part of any Highway within the limits of the Town; restrict or prohibit temporarily the use of any Highway, other than a main Highway designated as such by the Minister of Transportation and Infrastructure, 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 4148- 8856- 9401 g) limit the loads of Motor Vehicles owing to the condition of the Highway if the Council deems it necessary, provided that the traffic lights or Traffic Signs shall not apply to any person granted a permit in writing by the Council to use the Highway in case of an emergency; h) warn users of the Highway of the need for special caution; I) set out proper Pedestrian crossing on any Highway within the limits of the Town; or j) restrict or reserve specific parking spaces for the sole use of a disabled individual. 10. Every Person commits an offence who, contrary to Section 9, fails to comply with the directions imposed by a traffic light or Traffic Sign. 11. No Person shall injure, deface, remove or in any manner interfere with any Traffic Sign or traffic control device lawfully placed on any Highway within the limits of the Town. Parking Restrictions 12. No Person shall stop, stand, or Park a Motor Vehicle on or along a Highway in a manner which results in the Motor Vehicle being: a) Double Parked; b) on a Sidewalk or an area generally used or intended for use by Pedestrians; c) in front of a public or private Driveway or in front of an authorized loading door designated as such; d) within 6 meters of any Intersection; e) within 5 meters of any fire hydrant; f) in or on a Crosswalk; g) within 6 meters of the approach side of a Crosswalk; h) within 8 meters upon the approach to any flashing beacon, stop sign, Traffic Sign, or signal located at any side of a highway; i) within 6 meters either side of the entrance to or exit from a hotel, church, school, public meeting place, theatre, dance hall or playground; j) within 20 meters from a bus stop erected under these Regulations, except where otherwise provided by a sign erected under these Regulations; k) within 6 meters of a Driveway entrance to a fire station; I) alongside or opposite a street excavation or obstruction when stopping, standing or parking obstructs Traffic; m) in a place in contravention of a Traffic Sign; 4148- 8856- 9401 n) parked on the left side of the Highway relative to the flow of Traffic, excepting where such parking is designated by Traffic Signs erected by the Council; o) more than 30 centimeters from a curb; p) within 150 meters of any site where a fire is in progress unless permission has been obtained from a Peace Officer, unless the Motor Vehicle is an Emergency Vehicle; q) parked in such a manner as to interfere with, hinder or obstruct the normal flow of Traffic; r) parked on Highway property between the curb or edge or the Highway and the boundary line of the Highway; s) parked for the purpose of advertising the Motor Vehicle for sale; t) for the purpose of washing, greasing or repairing the Motor Vehicle, except for such repairs as have been necessitated by an emergency; or u) parked in an area designated as a parking space for disabled persons only. Miscellaneous Prohibited Operations 13. No Person shall turn a Motor Vehicle in a U- shaped course as to face in the opposite direction in which the Motor Vehicle was travelling. 14. No Person shall drive a Motor Vehicle upon a sidewalk or footpath except to the extent necessary to directly cross the Sidewalk or footpath. Commercial Motor Vehicles 15. The Driver of a Commercial Motor Vehicle loading or unloading freight within the Town shall, if possible, place such Commercial Motor Vehicle off the Highway into some private parking space. If no such space exists, the Driver of the Commercial Motor Vehicle shall place such Commercial Motor Vehicle 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 Motor Vehicle in such a position as to excessively hinder or obstruct the normal flow of Traffic of other Motor Vehicles or Pedestrians. 16. The Driver of a Commercial Motor Vehicle shall, prior to crossing a Sidewalk or Highway to load or unload freight, stop and give fair warning to other Motor Vehicles and Pedestrians, provided that in no case shall a Commercial Motor Vehicle be permitted to be Parked on a sidewalk. Emergency Orders 17. Where, in the opinion of the Council or the Mayor, an emergency exists due to a natural disaster, the Council or the Mayor may declare a State of Emergency within the Town or a section thereof and restrict or prohibit the use of Motor Vehicles on any Highway within the Town Snow Clearing 4148- 8856- 9401 18. No person shall park any unattended Motor Vehicle on a Highway or any other Property in the Town in such a way as to interfere with the Town' s snow clearing operations. 19. During the period from the 1St day of December in each year to the 30th day of April in the succeeding year, both days inclusive, no person shall park an unattended Motor Vehicle, regardless of weather conditions, upon any Highway or municipal parking area within the Town between the hours of 12: 00 AM and 8: 00 a. m. Towing and Disposal 20. The Council or an authorized representative of the Council may order that a Motor Vehicle Parked contrary to these Regulations be towed to another location. 21. The risk and expense associated with a towing order made under Section 20 shall be borne by the Owner of that Motor Vehicle, in addition to any other penalties imposed by these Regulations. Neither the Council nor its authorized representatives shall accept any responsibilities for damages caused to any Motor Vehicle associated with said towing order. 22. A Motor Vehicle which has not been claimed within ninety ( 90) days of a towing order made under Section 20 may, at the discretion of Council, be sold or disposed of in any manner reasonably determined by the Council. Direction of Traffic 23. Notwithstanding these Regulations, a Traffic Officer or Peace Officer may direct Traffic according to their discretion when necessary to: a) ensure the orderly movement of Traffic; b) prevent injury or damage to Persons or Property; or c) facilitate a response to an emergency. Restrictions Regarding Bicycles 24. A Person shall not operate a Bicycle: a) on or along any Highway unless such Bicycle is equipped with a bell or a horn; b) on or along any Highway between sunset and sunrise unless there is affixed: i) at the front of the Bicycle, a light designed to cast a white light on the Highway in front of the Bicycle; and ii) at the rear of the Bicycle, a red light or red reflector. c) against the flow of Traffic; d) upon any Sidewalk or walkway designed for use by Pedestrians only; or e) in any manner which is otherwise contrary to these Regulations. 4148- 8856- 9401 Miscellaneous 25. A Driver shall not drive a Motor Vehicle: a) along a Highway if any windshield, window, or mirror of the Motor Vehicle is covered in snow, ice, mist, dust, or any other matter which obscures the vision of the Driver; or b) over an unprotected fire hose at the scene of an emergency without the consent of the Town' s fire department or a Peace Officer in command. 26. The Driver of a Motor Vehicle which, because of its nature or contents, can only travel at such a slow rate of speed as to impede or block the normal and reasonable movement of Traffic, shall drive such Motor Vehicle as near to curb or side of the Highway as the circumstances permit. 27. No Person shall attach themselves or any apparatus to a Motor Vehicle for the purpose of having the Driver of the Motor Vehicle tow any Person along a Highway unless expressly permitted by Council for the purposes of a parade or similar function. 28. No Person shall walk along a Highway unless there are no Sidewalks or similar areas intended for Pedestrians, or if such areas are obstructed such that they are inaccessible. 29. No Person shall throw, scoop, or dump any snow or ice onto a Highway or Sidewalk. Penalties 30. Notwithstanding Section 5 of the Provincial Offences Act, SNL 1995 c P- 31. 1, any Person who violates these Regulations is upon summary conviction guilty of an offence and is liable to a fine of not more than the maximum and not less than the minimum amount prescribed for such offence in Schedule " A" attached hereto. 31. A Person who commits an offence contrary to these Regulations for which no penalty is prescribed in Schedule " A" attached hereto is upon summary conviction guilty of an offence and is liable to a fine of not less than $ 100 and not more than $ 1, 000 or to a term of imprisonment of not more than six months or to both the fine and the imprisonment. Coming Into Force 32. These Regulations were adopted and passed by Council at a meeting held on the : S day of - , 2022 and are effective as of that date. 33. The Town of Pasadena ( Traffic) Regulations, 1999 are hereby rescinded and of no force and effect. 4148- 8856- 9401 MUNICIPAL TRAFFIC REGULATIONS SCHEDULE " A" PENALTIES Section and Sub -Section of Paragraph Offence A fine of not more than the dollar amount specified for a first, second and subsequent offence In default of payment of fine for no longer or shorter than specified 2(b)( i) Max Min Max Min Exceeding the speed limit by between 1 and 135 50 7 days 2 days 10 kilometers an hour Second offence Subsequent Offence 225 135 12 days 7 days 360 225 20 days 12 days ii) Exceeding the speed limit by between 11 and 135 50 7 days 2 days 20 kilometers an hour iv) 4148- 8856- 9401 Second offence 225 135 12 days 7 days Subsequent Offence 360 225 20 days 12 days Exceeding the speed limit by between 21 and 135 60 7 days 2 days 30 kilometers an hour Second offence Subsequent Offence 225 135 12 days 7 days 360 225 20 days 12 days Exceeding the speed limit by 31 kilometers an 135 75 7 days 2 days hour and over Second offence 225 135 12 days 7 days Subsequent Offence 360 225 20 days 12 days Stopping a vehicle other than a public service vehicle within 8 m of a bus stop 75 50 7 days 2 days Second offence 150 100 12 days 7 days Subsequent offence 300 200 20 days 12 days 4. Placing, maintaining, or displaying an 75 50 7 days 2 days unauthorized sign Second offence 150 100 12 days 7 days Subsequent offence 300 200 20 days 12 days 5. Injuring or removing an 75 50 7 days 2 days official sign Second offence 150 100 12 days 7 days Subsequent offence 300 200 20 days 12 days 6. Parking a vehicle so as to obstruct the normal 75 50 7 days 2 days flow of Traffic Second offence 150 100 12 days 7 days Subsequent offence 300 200 20 days 12 days 7. Loading or unloading a commercial vehicle in such a fashion as to 75 50 7 days 2 days obstruct the normal flow of Traffic Second offence 150 100 12 days 7 days Subsequent offence 300 200 20 days 12 days 8. Driving or parking so as to disrupt fire fighting 150 75 7 days 2 days operations Second offence 300 150 12 days 7 days Subsequent offence 600 300 20 days 12 days 9. Parking a vehicle so as to interfere with snow 75 50 7 days 2 days removal Second offence 150 100 12 days 7 days Subsequent offence 300 200 20 days 12 days 4148-8856-9401 10. Parking a vehicle carrying dangerous 75 50 7 days 2 days goods in a residential Second offence 150 100 12 days 7 days Subsequent offence 300 200 20 days 12 days 11. Parking solely the trailer portion of a tractor trailer 75 50 7 days 2 days on a highway in a Y Y residential area Second offence 150 100 12 days 7 days Subsequent offence 300 200 20 days 12 days 4148- 8856- 9401