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CITY OF PRINCE ALBERT
BYLAW NO. 12 OF 2021
A Bylaw of The City of Prince Albert to regulate the
operation of all bicycles upon or in the streets,
sidewalks, trails, shared-use paths, parks, and other
public places in the City of Prince Albert.
WHEREAS the Council of The City of Prince Albert deems it wise to
regulate the operation of bicycles upon or in the streets, parks, and other public
places in the City of Prince Albert;
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE
ALBERT IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
SHORT TITLE
1.
This Bylaw may be cited as "The Bicycle Bylaw."
DEFINITIONS
2.
In this Bylaw:
(a) "Act" means The Traffic Safety Act of the Province of Saskatchewan and
all amendments thereto.
(b) "bicycle" means any muscular propelled, chain-driven, wheeled device
in, on, or by which a person is or may be transported or drawn, including
electric bicycles.
(c) "bridge" means a structure carrying a road, path or railroad across a
canal, river, ravine, road, railroad or other obstacle, and includes an
interchange bridge.
BYLAW NO. 12 OF 2021
PAGE 1
(d) "bylaw enforcement officer" shall mean any person appointed as a
bylaw enforcement officer by Council to administer and oversee bylaw
enforcement for the City as permitted and authorized by section 337 of
The Cities Act or pursuant to other legislative authority.
(e) "curb" means the dividing line between that portion of any street
intended for the passage of motor vehicles and that intended primarily
for the use of pedestrians, whether marked with any form of curbstone
or not.
(f) "park" means any improved or unimproved lands owned by or subject to
the direction and control of the City of Prince Albert and intended for the
recreational use and enjoyment of the general public, and without
limitation, includes all those areas encompassed by what is commonly
known as the Rotary Trail, and as depicted in the attached Schedule "A".
(g) "electric bicycle", also known as an e-bike, is a bicycle with an integrated
electric motor used to assist propulsion.
(h) "motor vehicle" means a vehicle propelled or driven by any means other
than muscular power, but does not include bicycles.
(i) "pedestrian" means any person on foot or in a wheelchair.
(j) "police officer" means any sworn member of a police force in
Saskatchewan, and any person appointed pursuant to The Police Act,
1990 as a special constable or peace officer.
(k) "power assisted bicycle" means a vehicle that:
i. Has steering handlebars and is equipped with pedals;
ii. Is designed to travel on not more than three wheels in
contact with the ground;
iii. Is capable of being propelled by muscular power;
iv. has one or more electric motors that have, singly or in
combination, the following characteristics:
1. it has a total continuous power output rating,
measured at the shaft of each motor, of 500 W or
less;
BYLAW NO. 12 OF 2021
PAGE 2
2. if it is engaged by the use of muscular power, power
assistance immediately ceases when the muscular
power ceases;
3. if it is engaged by the use of an accelerator controller,
power assistance immediately ceases when the
brakes are applied; and
4. it is incapable of providing further assistance when
the bicycle attains a maximum speed of 32 km/hour
on level ground;
V. Bears a label that is permanently affixed by the
manufacturer and appears in a conspicuous location
stating, in both official languages, that the vehicle is a
power-assisted bicycle as defined in this subsection; and
vi. Has one of the following safety features:
1. an enabling mechanism to turn the electric motor on
and off that is separate from the accelerator
controller and fitted in such a manner that it is
operable by the driver, or
2. a mechanism that prevents the motor from being
engaged before the bicycle attains a speed of 3
km/hour.
(I) "shared-use path" means a sidewalk, trail or other path that is:
i. designated by traffic signs or physically separated from
motor vehicle traffic by an open space or barrier;
ii. within a street right-of-way or an independent right-of-
way; and
iii. shared by pedestrians, bicycles and other non-motor
vehicles.
(m) "sidewalk" means that portion of any street intended primarily for use by
pedestrians.
(n) "street" means all or any prat of a road allowance, highway, road, lane,
bridge, place, alley, square, thoroughfare or way intended for or used by
the general public for the passage of vehicles or pedestrians.
BYLAW NO. 12 OF 2021
PAGES
(o) "Traffic Bylaw" means The Traffic Bylaw, a Bylaw of the City of Prince
Albert to regulate vehicular and pedestrian traffic, the use of public
streets, and to preserve order thereon.
(p) "traffic sign" means any sign, signal, marking or other device placed,
painted or erected for the guidance, regulation, warning, direction or
prohibition of traffic.
APPLICATION
3.
This Bylaw shall apply to the operation of all bicycles upon or in the
sidewalks, streets, parks, shared-use paths and other public places in the
City of Prince Albert.
EQUIPMENT
4.
Brakes
No person shall operate a bicycle unless such bicycle is equipped with a
braking mechanism adequate to control the movement of and to stop the
bicycle whenever necessary. All such braking mechanisms shall be
maintained in efficient working condition at all times.
5.
Horn or Bell
No person shall operate a bicycle unless such bicycle is equipped with a
horn or bell capable of emitting sound audible under normal conditions
for a distance of not less than thirty-five (35) metres.
6.
Lights and Reflective Devices
No person shall operate a bicycle during the period from one half hour
after sunset to one half hour before sunrise, or at another time when
conditions of poor visibility exist, unless such bicycle is equipped with and
displays the following;
a. at least 1 (one) headlamp, but not more than two (2) headlamps;
b. at least 1 (one) red tail lamp; and
c. at least 1 (one) reflector mounted on the rear.
BYLAW NO. 12 OF 2021
PAGE 4
7.
Helmets
No person shall operate an electric bicycle or power assisted bicycle
without a helmet.
OPERATION
8.
A person operating a bicycle has the same duties as a person operating
a motor vehicle and shall also comply with the following sections outlined
under this "Operation" heading.
9.
Position on Street
Every person operating a bicycle shall ride as close as practical to the
right-hand curb, except that any such person operating a bicycle may
leave the proximity of the right-hand curb when approaching an
Intersection and Indicating an Intention to turn by giving the required
signal to that effect.
10. Two Abreast
Except as Is necessary for the purpose of passing, no person shall
operate a bicycle on the left side of any two other bicycles being operated
abreast.
11. Stunting
Every person operating a bicycle shall have at least one hand on the
handle bars at all times, and no person operating a bicycle shall perform
or engage In any acrobatic or other stunt.
12. Passengers
No person shall operate a bicycle while carrying more persons at one
time than the number for which It Is designed and equipped.
BYLAW NO. 12 OF 2021
PAGE 5
13. Loads
No person shall operate a bicycle while carrying a load which obstructs
clear vision in all directions or that the load size or weight hampers the
safe operation of the bicycle.
BICYCLE LANES
14. In any location where an exclusive lane for the passage of bicycles has
been established and is so designated by traffic signs and/or pavement
markings, every person operating a bicycle shall utilize such lane only,
except that any such person may depart from the exclusive bicycle lane
when approaching an intersection and indicating an intention to turn by
giving the required signal to that effect.
SIDEWALKS. TRAILS. SHARED-USE PATHS AND PARKS
15. Compiv with Traffic Signs
Every person operating a bicycle shall comply with the directions or
regulations contained on any traffic sign.
16. Due Care and Attention
Every person operating a bicycle shall do so with due care and attention
and with reasonable consideration for other persons.
17. Yield Right of Wav
Every person operating a bicycle shall yield the right of way to any
pedestrian therein.
18. Operating on Left Prohibited
Every person operating a bicycle upon any sidewalk, or shared-use path
shall, except when overtaking and passing a pedestrian or bicyclist
proceeding in the same direction, operate the bicycle to the right of the
centre of any such sidewalk, or shared-use path.
BYLAW NO. 12 OF 2021
PAGES
19. Passing and Overtaking
Every person operating a bicycle upon any sidewalk, or shared-use path
shall sound a horn or bell prior to overtaking and passing any pedestrian
or bicyclist proceeding in the same direction upon any such sidewalk, or
shared-use path.
20. Rate of Speed
a. Every person operating a bicycle, electric bicycle or power assisted
bicycle shall travel under control and at a reasonable rate of speed
having regard to the nature, condition and use of the sidewalk or
shared-use path including the amount of pedestrian traffic.
BRIDGES
21. In traversing any bridge, a person operating a bicycle may:
a. Utilize that portion of the bridge or river crossing as is intended for
the passage of motor vehicles; and
b. Notwithstanding any other provision hereof, utilize the sidewalk
portion of any bridge or river crossing.
22. Crossing on Sidewalk
In traversing any bridge or river crossing upon the sidewalk as provided
in Section 22(b) of this Bylaw, every person operating a bicycle shall:
a. Proceed with due care and attention and with reasonable
consideration for all pedestrians;
b. Yield the right of way to all pedestrians; and
c. Dismount and walk the bicycle when passing a pedestrian
proceeding in the same direction upon such sidewalk.
BICYCLE SERIAL NUMBER
23. No person shall alter or remove a serial number from a bicycle.
BYLAW NO. 12 OF 2021
PAGE 7
BYLAW NO. 12 OF 2021
PAGE 8
24. Subject to section 26 of this Bylaw, no person shall possess or operate a
bicycle wherein the bicycle serial number has been altered or removed.
25. Officers, municipal employees or agents are permitted to be in possession
of a bicycle with a removed or altered serial number for the purposes and
intent of seizure and impoundment or otherwise carrying out the purpose
and intent of this Bylaw.
SEIZURE AND IMPOUNDMENT
26. Where a police officer finds a person committing a violation under this
Bylaw and has reasonable grounds to believe that such violation was
willfully committed without regard to public safety, the police officer may
seize and/or impound the bicycle.
27. Upon application by the owner for return of the bicycle which was seized
pursuant to Sections 26 and 29 and upon three (3) clear days notice to
the City, a Justice of the Peace or Provincial Court Judge may make an
order:
a. Continuing the detention of the bicycle; or
b. Releasing the said bicycle on such reasonable conditions as he may
deem necessary in the public interest.
The Justice of the Peace or Provincial Court Judge may receive and base
his decision on evidence considered credible or trustworthy by him in the
circumstances of each case.
28. A police officer or bylaw enforcement officer from the City of Prince Albert,
may seize, impound and/or sell any bicycle owned by a person against
whom a fine or a penalty sum has been imposed and which remains
unpaid for a period of sixty (60) days, and in the event of such sale thereof
the City may apply the proceeds of sale to the fine or penalty sum and
29. A police officer or bylaw enforcement officer from the City of Prince Albert,
may seize, impound and/or sell any bicycle in possession by a person
wherein the bicycle serial number has been altered or removed.
OFFENCES AND PENALTIES
30. No person shall contravene any provision of this Bylaw.
31. Except as othenwise provided in this Bylaw, every person who
contravenes any provision of this Bylaw is guilty of an offence and,
subject to Sections 34 and 41, is liable on summary conviction:
i.
in the case of an individual, to a fine of not more than $2,000; and
ii.
in the case of a corporation, to a fine of not more than $5,000.
32. Any person who is in default of payment of a fine imposed pursuant to
this section may be liable to a term of imprisonment not exceeding ninety
(90) days.
NOTICE OF VIOLATION
33. Notwithstanding Sections 32 and 33 of this Bylaw, a bylaw enforcement
officer or a police officer may, as an alternative to proceeding by way of
summary conviction, issue a notice of violation for any contravention(s)
of this Bylaw.
34. Subject to Section 36, a notice of violation issued by a bylaw enforcement
officer or police officer shall be in a form provided by the City and shall
include the designated penalty sum(s) set forth in Schedule B, which
designated penalty sum shall, upon service on the person contravening
the Bylaw provision, become a debt due and owing the City, which upon
payment shall be accepted as an admission of the contravention.
BYLAW NO. 12 OF 2021
PAGES
35.
If a notice of violation is issued to a person pursuant to Section 34, such
person shall pay to the City the penalty sum specified in accordance with
this Bylaw within fifteen (15) days of the date the notice of violation is
delivered, failing which the penalty sum due and owing shall become the
"Late Payment" penalty sum designated in Schedule B.
36. The date of payment shall be determined as follows:
i. For payment in person, the date of payment shall be the date
payment is received by the City;
ii.
For payment by deposit, the date of payment shall be the date
payment is deposited in the depository at City Hall; or
III.
For payment by mail, the date of payment shall be the federal
post marked date on the remittance.
37. Subject to Section 41, the City's rights under these Notice of Violation
sections of this Bylaw shall be in addition to the City's right to seek
other legal remedies or actions for abatement of the contravention.
38. The penalty sum specified in a notice of violation is to be paid:
i.
In person, during regular office hours, to the cashier located at City
Hall, Prince Albert, Saskatchewan;
ii.
By mail addressed to the Office of the City Treasurer, City Hall,
Prince Albert Saskatchewan S6V 7P3; or
Hi.
By any other method indicated on the notice of violation.
39.
If payment as required under a notice of violation is not paid by the date
specified therein, then the penalty sum specified therein shall be
enforceable by the City as a debt due to the City.
BYLAW NO. 12 OF 2021
PAGE 10
40. Upon payment of a notice of violation, the person contravening the Bylaw
shall not be liable to prosecution for that offence by way of summary
conviction.
41. A person to whom a notice of violation is being issued pursuant to these
Notice of Violation sections of this Bylaw shall, upon request by the
person issuing the notice of violation, provide their name, address and
date of birth. Any person who fails to provide this information is guilty of
an offence and liable on summary conviction to the penalty contained in
Section 35 of this Bylaw.
APPLICATION OF THE ACT AND TRAFFIC BYLAW
42. Except to the extent they are inconsistent herewith, the relevant
provisions of both the Traffic Bylaw and the Act are applicable to the
operation of bicycles in the City of Prince Albert.
PARAMOUNTCY
43. In the event of any conflict between the provisions of this Bylaw and those
contained in The Recreation Facilities and Parks Bylaw of the City of
Prince Albert, and all amendments thereto, the provisions of this Bylaw
shall govern and supersede The Recreation Facilities and Parks Bylaw,
to the extent of the conflict.
BYLAW NO. 12 OF 2021
PAGE 11
CONSEQUENTIAL AMENDMENTS
44. Bylaw No. 20 of 2001 respecting bicycles is hereby repealed.
COMING INTO FORCE
45. This Bylaw shall come into force and take effect on the 13-^ day of
sJC^Iu
I A.D. 2021.
INTRODUCED AND READ A FIRST TIME THIS 12" DAY OF
vJuuly
,AD 2021.
READ A SECOND TIME THIS
12^"
DAY OF
Jtclij
,AD 2021.
READ A THIRD TIME AND PASSED THIS
1
DAY OF
Tu.ly
,AD 2021.
MAYOR
CITY CLE
BYLAW NO. 12 OF 2021
PAGE 12
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BYLAW NO. 12 OF 2021
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SCHEDULE"B"
Notice of Violation Penalty Sums
Penalty Sum applicable under Section 34
for contravention of Bylaw:
$100.00
Late Payment Penalty Sum under Section 35:
$300.00
BYLAW NO. 12 OF 2021
PAGE 14