Borden-Carleton, Prince Edward Island
· adopted 2021-12-14
· summary & facts
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COMMUNITY OF BORDEN-CARLETON
TRAFFIC BY-LAW
By-Law No. 2021-2
WHEREAS the Council for the Community of Borden-Carleton has determined,
pursuant to sections 30(i) of the Municipalities Act R.S.P.E.I. 1988 Cap. M-13, that it will provide
roads, streets, parking and the regulation of traffic.
NOW THEREFORE BE IT ENACTED by the Council for the Community of
Borden-Carleton under the authority provided by section 57 and 64(p) of the Municipalities Act,
R.S.P.E.I. 1988, Cap. M-13 and section 310 of the Highway Traffic Act, R.S.P.E.I. 1988 Cap. H-5,
as follows:
PART I - APPLICATION
Title
1.
This by-law may be cited as the Traffic By-Law.
Scope and Application
2.
The Community may establish and maintain roads, streets and parking and may regulate
traffic in accordance with this by-law.
PART II - INTERPRETATION
Definitions
3.
In this by-law:
(a)
"bicycle" means every device propelled by human power upon which a person may
ride, having two tandem wheels;
(b)
"Chief of Police" means the Chief of Police of the Community of Borden-Carleton
and his designates;
(c)
"Community" means that area incorporated and known as the Community of Borden-
Carleton;
(d)
"Council" means the Community Council of Borden-Carleton;
(d)
"crosswalk" means that portion of a roadway ordinarily included within the
prolongation or connection of curb lines and of property lines at intersections or any
other portion of a roadway clearly indicated for pedestrian crossing by liens or other
markings on the surface;
(e)
"emergency vehicle" means:
(i)
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 by law;
(ii)
a motor vehicle carrying rescue or first-aid equipment where there is an
urgent emergency justifying a rate of speed in excess of any maximum rate of
speed provided for in this Act;
(iii)
a motor vehicle carrying fire-fighting equipment in responding to an alarm of
fire; or
(iv)
a motor vehicle driven by a peace office or constable or by a member of the
police branch of any of Her Majesty's Armed Forces in the discharge of his
duty where there is an urgent emergency justifying a rate of speed in excess
of any maximum rate of speed provided for in this Act;
(f)
"motorcycle" means a motor vehicle, other than a tractor, having a saddle for the use
of the rider and designed to travel with not more than three wheels in contact with the
ground and includes a bicycle with a motor attached and a motor scooter;
(g)
"motor vehicle" means a vehicle that is powered, drawn, propelled or driven by any
means other than muscular power, but does not include:
(i)
a vehicle of a railway that operates on rails, or
(ii)
a moped, except that for the purposes provided for in this by-law, a moped is
deemed to be a motor vehicle;
(h)
"moped" or "motor assisted pedal bicycle" means a vehicle that:
(i)
is provided with an electric motor or a motor having a piston displacement no
greater than fifty cubic centimetres,
(ii)
is not capable of obtaining speed of greater than 50km/h on the level when
driven by a person weighting 60 kg, and
(iii)
has no more than three wheels in contact with the ground;
(i)
"owner" includes
(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 he
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 sales contract, the
buyer under the conditional sales contract, if he is entitled to possession of
the vehicle;
(j)
"highway" means the entire width between the boundary lines of every road, street,
alley, or right-of-way designed or intended for or used by the general public for the
passage of vehicles, and includes any bridges over which every such road, street,
lane, alley, or right-of-way is laid, and every private place or passage way to which
the public, for the purpose of the parking or servicing of vehicles, has access or is
invited;
(k)
"park" or "parking" means the standing of a vehicle, whether occupied or not, upon
or partly upon a roadway, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading, or in obedience to traffic regulations or
traffic signs or signals;
(l)
"private road or driveway" means a road or driveway not open to the use of the
public for purposes of vehicular traffic;
(m)
"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 use of
pedestrians;
(n)
"stop" when required, means the complete cessation from movement;
(o)
"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 directions of a peace officer or traffic control sign or signal;
(p)
"taxicab" means a motor vehicle other than a bus used to transport passengers for
compensation;
(q)
"traffic authority" means:
(i)
the Minister charged with the administration of the Highway Traffic Act and
any other provincial law applicable to the regulation of traffic;
(ii)
the Community Council of the Community of Borden-Carleton with their
respective jurisdictions;
(iii)
the council of the Community but only in respect to matters approved by the
Minister;
(r)
"vehicle" means every device in, upon or by which a person or property is or may be
transported or drawn upon a highway, excepting devices upon exclusively upon
stationary rails or tracks.
PART III - PROHIBITIONS
Parking
4.
From the 1st day of December to the 30th day of April, no motor vehicle shall be parked,
stopped or left on any street within the Community of Borden-Carleton between the hours of
12:01 a.m. and 8:00 a.m.
5.
Notwithstanding Section 4 and regardless of the time of day, no person wilfully shall park or
leave standing a vehicle whether attended or unattended, upon a highway or any part thereof in
such manner that it might interfere with or obstruct snow removal or winter maintenance
operations on the street or highway
6.
Where a vehicle is parked or left standing on a street or highway in such manner that it
interferes with or obstructs snow removal or winter maintenance operations, the Town CAO or
contracted street maintenance operator or a peace officer may cause the vehicle to be moved
or towed .
7.
Any cost incurred to move or remove said vehicle will be the owner's expense.
8.
Council may designate certain areas within the Community as "NO PARKING",
"RESTRICTED PARKING" and "DISABLED PARKING" area, which areas shall be
identified by signs having the words "NO PARKING", "RESTRICTED PARKING" and
"DISABLED PARKING" inscribed thereon.
9.
No person shall stop, stand or park any vehicle in an area designated and identified as "NO
PARKING".
10..
No person shall stop, stand or park any vehicle in front of any driveway so as to block or
hinder entrance or exit from such driveway.
11
No person shall stop, stand or park in a restricted parking area designated and identified as
"RESTRICTED PARKING".
12
No person shall stop, stand or park in a disabled parking area designated and identified as
"DISABLED PARKING."
13.
No person shall stop, stand or park facing opposing traffic.
14.
No person shall stop, stand or park on a sidewalk.
Speed Limits
15.
The speed limit on all streets in the Community of Borden-Carleton shall be fifty (50)
kilometres per hour, unless otherwise designated and posted by the Community Council.
16.
Any person exceeding these speed limits in the operation of a motor vehicle shall be subject
to the penalties provided for such violation.
Obstructions
17.
No person in the Community shall maintain on corner lots any obstruction including but not
limited to a fence, hedge, shrubbery, exceeding thirty six (36) inches in height, so as to
impair the view of traffic approaching such corner.
All-Terrain Vehicles
18.
No person shall operate an all-terrain vehicle or off-highway vehicle as defined in the
Highway Traffic Act, R.S.P.E.I. 1988, Cap. H-5, upon the streets, sidewalks or public
property within the boundaries of the Community of Borden-Carleton unless specifically
authorized by the Community Council.
19.
No person shall use off-highway vehicles and all-terrain vehicles that have no baffled
muffler system after 8 p.m. and before 7 a.m.
Bicycles
20..
Children under the age of twelve (12) are required to wear an approved safety helmet and
Parents or Guardians are responsible to ensure proper use and are liable for any penalty
under this by-law.
PART III - GENERAL
Governing Legislation
21..
The Highway Traffic Act, R.S.P.E.I., 1988, Cap. H-5 shall apply in all respects of the
Community of Borden-Carleton.
Penalties
22.
Every person who fails to comply with this by-law is guilty of an offence and on summary
conviction is liable to a fine not more than $500.00 and not less than $25.00, and in default
in payment thereof, is liable to imprisonment for a period of time not exceeding one (1) day
for each one hundred dollars ($100.00) of fine in default.
Liability
23.
The owner of a motor vehicle shall be liable for the penalties provided for any violation of
this by-law;
24.
If at any time of the violation, the motor vehicle was in the possession of some person other
than the owner without the owner's consent, the driver of the motor vehicle shall incur the
penalties for such violations.
Effective Date
This Bylaw previously known as Traffic Bylaw #10 came into effect August 02 2004
This Traffic Bylaw Amendment 2021-2, was read a first time at the Council meeting held on the
7th day of December 2021
This Traffic Bylaw Amendment 2021-2, was approved by a majority of Council members present
at the Council meeting held on the 7th day of December, 2021
Second Reading:
This Traffic Bylaw Amendment 2021-2, was read a second time at the Council meeting held on
the 14th day of December 2021
This Traffic Bylaw Amendment 2021-2, was approved by a majority of Council members present
at the Council meeting held on the 14th day of December 2021.
Approval and Adoption by Council:
Approval and Adoption by Council:
This Traffic Bylaw Amendment 2021-2, was adopted by a majority of Council members present
at the Council meeting held on the 14th day of December 2021
Signatures
____________________________
________________________________
Charles Mackenzie
Jim Wentzell
Chief Administrative Officer
This Traffic Bylaw 2021-as amended was adopted by the Council of the Town of Borden-Carleton on December 14,
2021 is certified to be a true copy.
____________________________
____________________________
Jim Wentzell
Chief Administrative Officer Signature
Date
___________________________________________________________________
Elmer MacFadyen Minister of Community and Cultural Affairs