Portugal Cove–St. Philip's, Newfoundland and Labrador
· adopted 2025-02-11
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TOWN OF PORTUGAL COVE - ST. PHILIPS
TRAFFIC BY-LAW
Pursuant to the authority conferred in section 8 (1) (g) of the Towns and Local Service Districts
Act, the Town Council of Portugal Cove-St. Philip's has adopted the following By-Law on the
11th day of February 2025.
1. TITLE
1.1 These By-Laws shall be known and citied as "Traffic By-Law."
2. PURPOSE
2.1 These By-Laws are enacted to facilitate the safe and orderly flow of traffic within
the Town of Portugal Cove-St. Philip's while also serving to protect, preserve and
promote the enjoyment of the visual aesthetics of the highways in Town.
3. INTERPRETATION/DEFINITIONS
In these Regulations, the following words, unless the context otherwise requires, shall
have the following meanings:
3.1 "Act" shall mean the Highway Traffic Act, 1990, RSNL 1990, c. H-3, as amended.
3.2 "Bus" shall mean 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.
3.3 "Commercial Motor Vehicle" 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.
3.4 "Commercial trailer" shall mean a vehicle which has no motive power of its own,
which may be attached to a truck, or other motor vehicle and is intended for
commercial use.
3.5 "Commercial use" shall mean for the purpose of trade or the generation of
income or profit.
3.6 "Commercial vehicle" shall mean a commercial motor vehicle or a commercial
trailer.
3.7 "Council" shall mean the Town Council of Portugal Cove - St. Philips.
3.8 "Crosswalk" shall mean:
3.8.1 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
3.8.2 The part of a roadway at an intersection that is included within the
connection of the lateral lines of the sidewalks on the opposite sides of a
highway, measured from the curbs, or in the absence of curbs, from the
edge of the roadway.
3.9 "Driveway" shall mean a clearly defined private road, way, way, path or passage
or a similar opening or space which is wide enough, but not wider than is
necessary, for the passage of a motor vehicle, which the owner, occupier or user
of property has vehicular access from a roadway to a point within the property.
3.10 "Emergency Vehicle" shall mean:
3.10.1 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 the maximum rate of speed provided
for in this Act and includes a vehicle so operated by a chief of a volunteer
fire department;
3.10.2 A motor vehicle carrying firefighting equipment in responding to an alarm
of fire; and
3.10.3 An ambulance responding to a call or transporting a patient where there
is an emergency justifying a rate of speed in excess of any maximum rate
of speed provided for in these By-Laws or the Act.
3.11 "Highway" shall mean 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;
3.12 "Intersection" shall mean the area enclosed within the prolongation or
connection of the lateral curb lines or, where there are no curb lines, the lateral
boundary lines of 2 or more highways that join one another at an angle, whether
or not 1 highway crosses the other;
3.13 "Motor Vehicle" shall mean a vehicle propelled, driven or controlled otherwise
than by muscular power, other than a trailer or a vehicle running on fixed rails.
3.14 "By-Law Officer" shall mean a person appointed as a By-Law Enforcement
Officer under section 278 (1) of The Towns and Local Service Districts Act, 2025
3.15 "Operator" shall mean a person driving a motor vehicle on a highway or who has
the care or control of the motor vehicle whether in motion or not.
3.16 "Owner" shall mean:
3.16.1 The person who holds the legal title to a vehicle;
3.16.2 In the case of a vehicle that is registered, the person in whose name it is
registered,
3.16.3 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,
3.16.4 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
3.16.5 In the case of a vehicle that is the subject of a conditional sale contract,
the buyer is under the conditional sale contract if the buyer is entitled to
possession of the vehicle.
3.17 "Park" shall mean to permit a vehicle, whether occupied or not, to stand otherwise
than temporarily for the immediate purpose of and while 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.
3.18 "Peace Officer" shall mean a member of the Royal Newfoundland Constabulary,
a member of the Royal Canadian Mounted Police Force stationed in the province,
a member of a municipal police force and a park warden appointed under the
Public Service Employment Act (Canada) who is stationed in the province.
3.19 "Pedestrian" shall mean
3.19.1 a person on foot,
3.19.2 a person in or on a mobility aid, or
3.19.3 a child in a carriage or sleigh
3.20 "Roadway" shall mean the 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;
3.21 "School Bus" shall mean a motor vehicle:
3.21.1 Designed or used to carry 7 or more passengers, in addition to the driver;
3.21.2 Owned, operated by or contracted to a school board or agent of a school
board; and
3.21.3 Used to transport children to or from school or to and from places other
than school for the purpose of school related activities.
3.22 "Sidewalk" shall mean that portion of a highway lying 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 a part of a highway set apart or marked as being for
the exclusive 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;
3.23 "Stop" shall mean;
3.23.1 when required shall mean the complete cessation of movement;
3.23.2 when prohibited, any stopping or standing of a vehicle whether
occupied or not except when necessary to avoid conflict with other
traffic in compliance with the directions of a traffic officer or traffic-
control device or signal.
3.24 "Town" shall mean the Town of Portugal Cove - St. Philips.
3.25 "Traffic" includes vehicles, pedestrians and animals while using a highway for
the purpose of travel.
3.26 "Traffic Officer" means any person appointed by Council to enforce these By-
Laws, including a By-Law Enforcement Officer or Peace Officer.
3.27 "Traffic Sign" shall include all traffic control signals, warning sign-posts, direction
posts, signs, lines, marks or other devices for the guidance of persons using
highways.
3.28 "Trailer" shall mean a vehicle which has no motive power of its own and which
is attached to a truck, or truck tractor or other motor vehicle but does not include;
3.28.1 an implement of husbandry temporarily attached to another vehicle,
3.28.2 a side car attached to a motorcycle, or
3.28.3 a tow dolly designed to be used to tow another motor vehicle where one
or more axles of the towed vehicle rest on the tow dolly
3.29 "Vehicle" shall mean a device in, upon or by which a person or thing may be
transported drawn upon a highway but does not include devices used exclusively
upon fixed rails.
4. APPLICATION
4.1 This By-Law applies to all members of the public
4.2 This Traffic By-Law applies to all roads, streets, highways, and public
thoroughfares within the jurisdiction the Town of Portugal Cove-St. Philip's as
well as all vehicles, pedestrians, cyclists, and other road users within the defined
area. The By-Law governs the movement, operation, and behavior of traffic to
ensure the safe and efficient flow of transportation, prevent accidents, and
protect public safety.
5. PROCEDURE
5.1 The Council may cause or permit traffic lights or signs to be placed on or near any
highway within the limits of the Town.
5.2 Traffic lights or signs erected or authorized under subsection (1) of these
By-Law may be signs for any of the following purposes;
5.2.1 To regulate the movement of traffic;
5.2.2 To indicate the route to be followed by traffic;
5.2.3 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;
5.2.4 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;
5.2.5 To restrict or prohibit the parking of vehicles in any area or on any part of
any highway within the limits of the Town;
5.2.6 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;
5.2.7 To warn users of the highway of the need for special caution;
5.2.8 To convey information to users of the highway within the limits of the Town;
5.2.9 To set out proper pedestrian crossing on any highway within the limits of
the town; and
5.2.10 To restrict or reserve specific parking spaces for the sole use of persons
with a disability.
5.3 Any person who fails to comply with the directions, restrictions, prohibitions, or
warnings given by traffic lights or signs erected in accordance with these By-Laws
shall be guilty of an offence against these By-Laws.
5.4 PARKING SPACES
5.4.1 No person shall stop, stand or park a vehicle on a highway so that the
vehicle or Any part of it is;
5.4.2 On a sidewalk or an area generally used by or intended for use by
pedestrians.
5.4.3 In front of a public or private driveway or in front of an authorized loading
door designated as such;
5.4.4 Within 6 metres of an intersection;
5.4.5 Within 1 metres from any fire hydrant;
5.4.6 Within a crosswalk;
5.4.7 Within 6 metres of the approach side of a crosswalk;
5.4.8 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; 5.1.8 Within
6 metres either side of the entrance to or exit from a hotel, church, school,
public meeting place, theatre, dance hall or playground;
5.4.9 Within a distance of 20 metres from a bus stop erected under these By-
Laws, except where otherwise provided by a sign erected under these By-
Laws;
5.4.10 Within 7 metres of a driveway entrance to a fire station;
5.4.11 Alongside or opposite a street excavation or obstruction when stopping,
standing or parking obstructs traffic;
5.4.12 In a place in contravention of a traffic control device that gives notice that
stopping, standing or parking is there prohibited or restricted;
5.4.13 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;
5.4.14 Within 150 metres of any site where a fire is in progress unless permission
has been obtained from a peace officer, By-Law officer of traffic officer,
excepting an emergency vehicle, clergy vehicle, medical doctor's vehicle
or nurse's vehicle; 5.1.15 Parked in such a manner as to interfere with,
hinder or obstruct the normal flow of traffic; 5.1.16 Parked on highway
property between the curb or edge or the roadway and the boundary line
of the highway;
5.4.15 On any property classified as an easement or upon which Council grants
a permit;
5.4.16 For the purpose of displaying the vehicle for sale; 5.1.19 For the purpose
of washing, greasing or repairing the vehicle, except for such repairs as
have been necessitated by an emergency;
5.4.17 Parked in an area designated as a parking space for persons with a
disability only.
5.5 No person shall double park any motor vehicle on any highway within the limits of
the Town.
5.6 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.
5.7 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.
5.8 COMMERCIAL VEHICLE OFFENCES
5.8.1 The Council is hereby authorized to determine and designate the highways
in the Town, which shall be used by commercial motor vehicles.
5.8.2 These By-Laws shall not prohibit:
5.8.2.1 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;
5.8.2.2 The operation of an emergency vehicle upon any street in the
Town;
5.8.2.3 The operation of commercial motor vehicles 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 Portugal Cove - St.
Philips; or
5.8.2.4 The operation of commercial motor vehicles upon any officially
established detour in the Town of Portugal Cove - St. Philips.
5.8.3 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.
5.8.4 No Commercial Vehicle shall be parked on any highway within the Towns
limits between the hours of 1:00 am and 5:00 am.
5.9 SNOW CLEARING
5.9.1 During the period from November 1st, in each year to the 30th, day of April
in the succeeding year, both days inclusive, no person shall park, leave or
abandon any vehicle or portion of any vehicle upon any Highway within
the Town:
5.9.1.1 Between the hours of 12:00 midnight to and including 8:00 am:
and
5.9.1.2 At any time when there is a snowfall and for twelve hours after
the snowfall has ceased.
5.9.2 Any motor vehicle parked contrary to By-Law 5.9.1, or 5.10.1.1.3 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.
5.10 ABANDONED VEHICLES
5.10.1 When a vehicle:
5.10.1.1 Is standing, stopped or parked upon a highway within the
Town limits or bridge in such a position that it may;
5.10.1.1.1 Interfere with the pedestrian or vehicular traffic;
5.10.1.1.2. Constitute a hinderance to the maintenance repair
or improvement thereof;
5.10.1.1.3 Hinder or impede the ploughing of or removal of
snow or ice therefrom; or
5.10.1.1.4 Hinder or impede the carrying out of any
undertaking of the Council; or
5.10.1.2 Has been apparently abandoned upon a highway within the
Town limits, sidewalks or bridges for longer than (24) hours; or
5.10.1.3 Has been left unattended upon any highway within the Town
limits, Sidewalks or bridges in contravention of these By-Laws, 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.
5.10.2 The Council may dispose of any vehicle removed and stored under these
By-Laws, by Public Sale or Auction, if the vehicle is not claimed within thirty
(30) days of removal and storage.
5.10.3 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.
6. OFFENCES
6.1 A person who violates this By-Law commits an offense in accordance with s. 289
(g) of the Towns and Local Service Districts Act.
6.2 This By-Law shall not exclude the application of other penalties not expressly
listed.
6.3 A person who commits an offense under s. 289 of the Act is liable on Summary
Conviction to penalties under s. 290 of the Towns and Local Service Districts Act
6.4 Prosecutions for offenses in this By-Law may be carried out by the Town under s.
291 (1) of the Act
6.5 Prosecution shall not be commenced by the Town with respect to an Offence
under the Act until after an appeal period which may apply to the activity giving
rise to the Offence has passed.
7.
REPEAL OF PREVIOUS REGULATIONS AND AMENDMENTS
7.1 All previous Town of Portugal Cove - St. Philips Traffic Regulations are
repealed.
8.
CAME INTO EFFECT
8.1 This s By-Law first came into effect on February 11, 2025, through a resolution
of Council, #2025-054.
_____________________________________
Claudine Murray, Town Clerk
_____________________________________
Carol McDonald, Mayor
SCHEDULE A
TOWN OF PORTUGAL COVE - ST. PHILIPS
SCHEDULE OF FINES
section
subsection
offence
fine
5
5.1.1
Parking on sidewalk
$50.00
5.1.2
Parking in front of public or private driveway
$50.00
5.1.3
Parking within 6 metres of an intersection
$50.00
5.1.4
Parking within 1metres of fire hydrant
$50.00
5.1.5
Parking within a crosswalk
$100.00
5.1.6
Parking within 6 metres of a crosswalk
$50.00
5.1.7
Parking within 10 metres of a traffic control
device
$50.00
5.1.8
Parking within 6 metres of an entrance or exit
to hotel, church, school, public meeting
place, theatre, dance hall or playground
$50.00
5.1.9
Parking within 20 metres of a bus stop
$50.00
5.1.10
Parking within 7 metres of a fire station
$50.00
5.1.11
Parking
opposite
or
beside
a
street
excavation
$50.00
5.1.12
Parking contrary to signs
$100.00
5.1.13
Parking on left side of highway
$50.00
5.1.14
Parking within 150 metres of the site of a fire
$50.00
5.1.15
Parking as to obstruct traffic
$50.00
5.1.16
Parking on highway property outside curb
$50.00
5.1.17
Parking on property classified as easement
$50.00
5.1.18
Parking on highway to display vehicle for
sale
$50.00
5.1.19
Parking on highway for repairs
$50.00
5.1.20
Parking in a designated mobility impaired
parking space
$400.00
5.2
Double Parking
$50.00
5.3
Parking away from the curb
$50.00
5.4
Stop stand or park in area prohibited by signs
$50.00
6
6.3
Commercial motor vehicles parking in
residential zones without a permit
$100.00
6.4
Commercial vehicle parked on highway
within the Town from 1:00 am - 5:00 am
$50.00
7
7.1
Parking so as to obstruct snow clearing
$50.00
7.1.1
Parking on a highway or municipal parking
area between 12 midnight and 8:00 am
$50.00