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Resort Village of Etters Beach
Bylaw 20/2001
A BYLAW TO REGULATE THE OPERATION, PARKING OF
VEHICLES AND THE USE OF THE HIGHWAYS
The Council of the Resort Village of Etters Beach in the Province of Saskatchewan enacts as follows:
1
INTERPRETATION
(a) "clerk" means the administrator of the municipality;
(b) "curb" means the lateral boundaries of a roadway, whether or not marked by curbing;
(c) "highway" means a road, parkway, driveway, square or place designated and intended
for or used by the general public for the passage of vehicles, but does not include any
area, whether privately or publicly owned, that is primarily intended to be used for the
parking of vehicles and the necessary passageways on that area and does not include a
provincial highway within the municipality as designated pursuant to the provisions of
The Highways and Transportation Act, 1979;
(d) "justice" means a justice of the peace as per The Interpretation Act. 1995;
(e) "municipality" means the Resort Village of Etters Beach;
(f) "parking" has the meaning ascribed thereto by The Highway Traffic Act;
(g) "place of public assembly" means public assembly halls;
(h) "power turn" means to manoeuver a vehicle in such a manner to cause part of the
vehicle to depart from its ordinary line of progress by the sudden use of acceleration
and/or braking;
(i) "special constable" means the Royal Canadian Mounted Police or a person appointed
to enforce municipal bylaws;
(j) "speed zone" means any portion of a highway within the Town of Govan, as
designated herein, and identified by a sign erected and maintained at each end thereof,
indicating the maximum speed applicable thereto;
(k) "vehicle" means a vehicle, trailer or semi-trailer or a motor vehicle as ascribed to by
The Highway Traffic Act.
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2.
SCOPE
(1) "STOP" STREETS: highways listed in Appendix 1
(2) "YIELD" STREETS: highways listed in Appendix 2
3.
INFRACTIONS
(a) "STOP" STREETS
The provisions of The Highway Traffic Act shall apply to all traffic approaching and
facing a "stop" sign erected and maintained in accordance with the provisions of
subsection 4(a).
(b) "YIELD" STREETS
The provisions of The Highway Traffic Act shall apply to all traffic approaching and
facing a "yield" sign erected and maintained in accordance with the provisions of
subsection 4(b).
(c) MISCELLANEOUS SIGNS
(1) No person shall, except where authorized by resolution of Council, or when
duly authorized by law, erect upon or immediately adjacent to any highway, any
sign market, signal or light or any advertising sign or device.
(2) No person shall deface, damage, destroy or remove any sign or marker
erected pursuant to this bylaw.
(d) PARKING
(1) Except as otherwise provided herein, the parking of vehicles is permitted on all
highways with the municipality.
(2)
(i) Subject to the provisions of subclause 3(d)(2)(ii), no person shall park a
vehicle in any lane, or in any street so as to obstruct the entrance to any
lane or to a driveway or approach leading to private premises;
(ii) Notwithstanding the provisions of subclause 3(d)(2)(i), a vehicle may
be parked in any lane for the purpose of taking on or discharging cargo,
provided no such vehicle shall be so parked for a period exceeding thirty
(30) minutes at one time, unless written permission has first been obtained
from the clerk or a special constable of the municipality for an extension
of such time limit.
(3) No person shall park a vehicle within five (5) metres of any street intersection.
(4) No person shall park a vehicle on any highway at one place for any period of
time exceeding twenty-four (24) consecutive hours.
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(5) No person shall park any vehicle in any private parking place or an any private
property unless he is the owner, occupant, licensee or permittee of the parking
place or private property, except with the consent of such owner, occupant,
licensee or permittee.
(6)
(i) Subject to subclause 3(d)(6)(ii), no person shall park any vehicle
designated for carrying or intended for the carrying of oil, gasoline, or
other inflammable, combustible or explosive material, within 30 meters
from any building in the municipality used or intended for use, in whole or
in part, as a place of dwelling, a hotel or place of public assembly.
(ii) Nothing in subclause 3(d)(6)(i) shall be deemed to restrict the parking
of any such vehicle for such period of time as may be necessary to take
on or discharge cargo.
(e) POWER TURNS
The operator of a vehicle shall not execute "power turns" on any highway in the
municipality.
(f) SNOWMOBILES
Under the provisions of The Snowmobile Act, it shall be lawful to operate a snowmobile between the hours
of8:00a.m. and 11:00 p.m. on any highway within the limits of the municipality indicated in Appendix 6.
(g) SPEED
(1) Subject to clause 3(g)(2), no person shall operate a vehicle in the municipality
at a speed greater than twenty (20) kilometers per hour.
(2) No person shall operate a vehicle at a speed greater than forty (40)
kilometers per hour in the speed zones as set out in Appendix 3.
(h) U-TURNS
(1) No person shall cause a vehicle to make a U-Turn between intersections, and at the
intersection of a highway with a lane or an alley in the municipality.
(i) VEHICLES ON PUBLIC RESERVES, ETC.
(1) No person may operate or park a vehicle on any areas designated on Appendix 4.
(2) The provision of clause 3(l)(i) shall not apply to maintenance vehicles or vehicles using a
designated parking area.
(j) BICYCLES
(1) No person shall operate a bicycle without having at least one (1) hand on the handle bar.
(2) No person shall operate a bicycle without wearing a CSA approved bicycle helmet.
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4.
SIGNS
(a) Council shall cause to be erected and maintained at all stop streets in Appendix 1, at
a distance of approximately three (3) meters from point of intersection, an appropriate
sign containing the word "Stop", so placed to face the traffic approaching the
intersection.
(b) Council shall cause to be erected and maintained at all yield streets listed in Appendix
2, at a distance of approximately three (3) meters from point of intersection, an
appropriate "Yield" sign, so placed to face the traffic approaching the intersection.
5.
PENALTIES
(a) SIGNS
Any person who contravenes any of the provisions of clauses 3(c)(l) and 3(c)(2) of this
bylaw is guilty of an offence and liable on summary conviction to the penalties provided
in the General Penalty Bylaw of the municipality.
(b) POWER TURNS
Any person who contravenes any of the provisions of subsection 3 (e) of this bylaw shall
by liable on summary conviction to the penalties provided in the General Penalty Bylaw
of the municipality.
(c) PARKING, U-TURNS, PUBLIC RESERVE
A person who contravenes any of the provisions of subsection 3(d), 3(h) and 3(i) of this bylaw or fails
to comply therewith or with any of this bylaw or fails to comply therewith or with any
notice or order given there-under shall be guilty of an offence and upon conviction, shall
be liable to penalties as provided in the General Penalty Bylaw of the municipality.
(d) NOTICE OF VIOLATION
(1) A violator of any of the subsections of this bylaw, upon being served with a Notice of
Violation, may during the regular office hours, voluntarily pay the penalty at the municipal office,
and upon payment as so provided, that person shall not be liable to prosecution of the offence.
(2) The Notice of Violation shall be in Form "1", Appendix 5, attached to and
forming part of this bylaw.
(e) BICYCLE CONTRAVENTION
(1) The penalty for the contravention of section 3(j)(l) and 3(j)(2) is as follows:
(i) for the first (1st) infraction impounding the bicycle for seven (7) days; and
(ii) for the second (2nd) or additional infractions, impounding the bicycle for fourteen (14)
days.
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6.
IMPOUNDING
(a) On the request of the owner, occupant, licensee or permittee of lands described in
clause 3(d)(5), any member of the police service or any designated municipal employees
may move or remove or have moved or removed; or may impound or store, any vehicle
that is parked on the parking place or land contrary to this bylaw.
(b) Where a vehicle has been impounded or stored after it has been removed under
clause 5(a), it may be retained for a period of thirty (30) days after the date of the
removal unless the cost of removal and impoundment or storage are sooner paid. Upon
payment of the full costs herein, the vehicle may be released to the owner.
(c) If the costs of removal and impoundment or storage are not paid within the period of
thirty (30) days as specified in subsection 5(b), the municipality shall have the right to
recover same from the owner of the vehicle by:
(1) legal action in a court of competent jurisdiction; or
(2) sale by public auction on publication of a notice designating the time and place
of sale at least 14 days prior to the sale in a newspaper circulating in the
municipality and on sending such notice to the owner at the address last
appearing on the vehicle registration.
(d) A vehicle offered for sale by public auction under clause 5(c)(2) is to be considered
lost or unclaimed personal property and if not sold at the auction, may be otherwise
disposed of as the council directs.
(1) The purchaser of the personal property becomes the owner of the personal
property and any claim of the earlier owner is converted into a claim for the
proceeds of the sale, after the charges have been deducted for hauling, storage,
and other necessary expenses, including the cost of sale, that have been incurred
by the municipality.
(2) If no claim is made for the proceeds within one year from the date of sale,
the proceeds form part of the general funds of the municipality.
7.
IMPOUNDING - WHERE FINES UNPAID
(a) A vehicle found on a street, public parking place, other public place or municipality-
owned property, may be removed and impounded when:
(1) the owner of the vehicle owed three (3) or more outstanding fines to the
municipality for parking offences;
(2) the appeal period against the imposition and amount of said fines has expired;
(3) at least two (2) notices that the fines are outstanding were sent to the owner at
least one (1) week apart;
(i) a justice, having been satisfied by evidence provided by way of oath,
affidavit or statutory declaration of the existence of the facts mentioned in
clauses 7(a)(l) to (3), has issued an order authorizing the removal and
impoundment.
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(b) The municipality may retain the vehicle until the amount of the outstanding fines and
costs incurred in removing and impounding the vehicle has been paid.
(c) The municipality may, if the fines and costs have not been paid within a period of thirty
(30) days sell the vehicle at public auction on publication of a notice designating the time
and place of sale at least 14 days prior to the sale in a newspaper circulating in the
municipality and on sending such notice to the owner.
COMING INTO FORCE
This bylaw shall come into force and effect on the day it is approved by the Highway
Traffic Board.
( S E A L )
LfA
Administrator
Sections 158, 159, 160, 161, 161.1 and 180
The Urban Municipality Act. 1984
APPENDIX 1 of Bylaw No. 20/2001
"STOP" STREETS subsection 2(a)
1st Avenue
where intersected by
1st Street
Lakeshore Drive
where intersected by
1st Street
R. M. of Big Arm No. 250 road
where intersected by
1st Avenue
allowance located South of
SW21-26-24-W2nd
APPENDIX 2 of Bylaw No. 20/2001
"YIELD" STREETS subsection 2(a)
2nd Street
where intersected by
Lakeshore Drive
3rd Street
where intersected by
Lakeshore Drive
4th Street
where intersected by
Lakeshore Drive
APPENDIX 3 of Bylaw No. 20/2001
"SPEED ZONES" - ENTRY WAY clause 3(g)(2)
Street or Avenue
From
To
R. M. of Big Arm No. 250
R. M. of Big Arm No. 250
1st Avenue
road allowance located
road allowance located East
South of SW 21 -26-24-W2nd
of NE 20-26-24-W2nd
APPENDIX 4 of Bylaw No. 20/2001
"PUBLIC RESERVE" clause 3(1)(1)
APPENDIX 5 of Bylaw No. 20/2001
FORM1
NOTICE OF VIOLATION
Resort Village of Etters Beach
Name:
Address:
On the
day of
,
, at / near
, Saskatchewan at
am / pm.
Did unlawfully commit the following offence:
Parking
Bylaw No.
Dog
Bylaw No.
Other
Bylaw No.
Description of Offence:
Location of Offence:
You are charged with violation of Bylaw No.
Section No(s)
Penalty for the above violation:
may be paid voluntarily
(See note below)
may not be paid voluntarily
VOLUNTARY PAYMENT WITHOUT COURT APPEARANCE
Where the penalty for the above violation is $
or less, you may make voluntary payment of the
above penalty at the municipal office during regular office hours or by mail within
days from the
date of service of this Notice of Violation.
If you do not make a voluntary payment within the time set out above, you shall be liable to prosecution and, upon
summary conviction, you shall be liable to the penalty provided under section
of the said bylaw.
APPENDIX 6
of Bylaw No. 20/2001
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