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TOWN OF ROSETOWN
BYLAW NO. 765-17
A BYLAW TO REGULATE TRAFFIC
IN THE MUNICIPALITY OF ROSETOWN
TABLE OF CONTENTS
SECTION I: SHORT TITLE, APPLICATION AND INTERPRETATION .................................
1
1.
SHORT TITLE...................................................................................................
1
2.
APPLICATION ................................................................................................... 1
3.
INTERPRETATION .............................................................................................. 1
4.
DEFINITION ....................................................................................................... 7
5.
GENDER ............................................................................................................ 7
6.
VALIDITY .......................................................................................................... 7
SECTION II: STOPPING AND PARKING ...................................................................... 8
7.
NO STOPPING .................................................................................................
8
8.
METHOD OF PARKING ........................................................................................ 8
9.
RETAIL & RESIDENTIAL PARKING TIME LIMIT ...................................................
8
10.
PARKING ON PRIVATE PROPERTY ...................................................................
8
11.
PARKING ON PUBLIC PARKING LOTS ................................................................
9
12.
NEW PAINT LINES ............................................................................................. 9
13.
NO PARKING ....................................................................................................
9
14.
UNATTENDED VEHICLE ON JACKS ....................................................................
9
15.
INOPERATIVE VEHICLE (UNATTENDED VEHICLE) .................................................. 10
16.
UNREGISTERED VEHICLES ...............................................................................
10
17.
DOUBLE PARKING .............................................................................................. 10
18.
CONTRACTOR PARKING ..................................................................................... 10
19.
OPENING OF VEHICLE DOORS ..........................................................................
10
20.
LIMITED PARKING .......................................................................................... 10
21.
LOADING ZONE ..............................................................................................
11
22.
LOADING PERMITS ............................................................................................ 11
23.
HEAVY TRUCK PARKING ...................................................................................
11
24.
RECREATIONAL VEHICLE PARKING .................................................................... 11
25.
PARKING PROHIBITED IN DESIGNATED SNOW ROUTE AREAS ............................... 11
26.
PARKING PROHIBITED IN DESIGNATED ROADWAY MAINTENANCE AREAS .............12
27.
CHALKING TIRES ............................................................................................... 12
- ii -
28.
WARNING NOTICE ...............................................................................................12
SECTION III: RULES FOR OPERATION AND CONDITION OF VEHICLE ...........................
12
29.
NO U-TURNS ...................................................................................................... 12
30.
STOP SIGNS ...................................................................................................... 13
31.
YIELD SIGNS ...................................................................................................... 13
32.
MISCELLANEOUS SIGNS .................................................................................
13
33.
TRAFFIC OBSTRUCTION .................................................................................... 13
34.
STOPPING WHEN TRAFFIC OBSTRUCTED ........................................................... 13
35.
TOWING VEHICLES ............................................................................................ 14
36.
MAXIMUM SPEED .............................................................................................. 14
37.
VEHICLE NOT TO BE DRIVEN ON SIDEWALK ........................................................ 14
38.
BACKING-UP OF VEHICLES ................................................................................ 14
39.
FOLLOWING EMERGENCY VEHICLES .................................................................
14
40.
DRIVING ON PLAYGROUNDS AND PARKS ............................................................ 15
41.
SPLASHING OF PEDESTRIANS .............................................................................15
42.
UNNECESSARY NOISE, THROWING GRAVEL ........................................................ 15
43.
LUG VEHICLES .................................................................................................. 15
44.
SCHOOL BUS ROUTE ......................................................................................... 15
45.
SCHOOL PATROL ............................................................................................
15
46.
COMPRESSION RELEASE ENGINE BRAKES ........................................................
16
47.
TWO-WAY SINGLE LANE ROADWAYS ...............................................................
16
48.
MOBILITY SCOOTER .........................................................................................
16
SECTION IV: VEHICLE WEIGHTS AND REGULATIONS ................................................... 16
49.
DAMAGE TO ROADWAYS .................................................................................
16
50.
MAXIMUM LENGTH AND WEIGHT RESTRICTIONS ................................................
16
51.
MEASUREMENT OF WEIGHT ................................................................................ 17
52.
EXEMPTIONS TO VEHICLE WEIGHTS .................................................................... 17
53.
COVERING OF LOAD .........................................................................................
18
54.
SPILLING MATERIAL .......................................................................................... 18
55.
HEAVY VEHICLE ROUTE .................................................................................. 18
- iii -
SECTION V: BICYCLES ............................................................................................
18
56.
USING THE HANDLEBARS .................................................................................. 18
57.
TWO ABREAST .................................................................................................. 18
58.
PASSENGERS ..................................................................................................
18
59.
RECKLESS RIDING AND ACROBATICS ................................................................. 19
60.
RIGHT HAND SIDE ............................................................................................
19
61.
ON SIDEWALK ..................................................................................................
19
62.
RULES OF THE ROAD ......................................................................................... 19
63.
HELMET USE ..................................................................................................... 19
64.
BICYCLES ON STREETS ...................................................................................... 20
65.
SEIZURE OF BICYCLES ...................................................................................... 20
SECTION VI: SKATEBOARDS, LONGBOARDS, ROLLERBLADES AND OTHER MEANS OF
CONVEYANCE .......................................................................................................... 20
66.
INTERPRETATION OF PART ...............................................................................
20
67.
STUNTING ........................................................................................................
20
68.
DAMAGING PROPERTY ....................................................................................... 21
SECTION VII: PARADES AND ROADWAY CLOSURE ...................................................... 21
69.
PARADE PERMIT ............................................................................................... 21
70.
DIVERSION OF TRAFFIC FOR PARADES ............................................................... 21
71.
VEHICLE OR PEDESTRIAN CROSSING ................................................................. 21
72.
CLOSING ROADWAYS ......................................................................................... 22
SECTION VIII: HEDGES, TREES AND OBSTRUCTIONS ...................................................22
73.
NEAR INTERSECTIONS ...................................................................................... 22
74.
DANGEROUS TO TRAFFIC OR OBSTRUCTION OF SIDEWALKS .............................. 22
75.
DAMAGE TO ROADWAYS .................................................................................... 22
76.
OBSTRUCTION OF ROADWAY OR SIDEWALK ...................................................
23
SECTION IX: TRAFFIC SIGNS AND SIGNALS ...............................................................
23
77.
STOP SIGNAGE ................................................................................................
23
78.
YIELD SIGNAGE ...............................................................................................
23
79.
NO PARKING ..................................................................................................... 23
- iv -
80.
GENERAL SIGNS ..............................................................................................
23
SECTION X: LOITERING AND OBSTRUCTION OF ROADWAYS ....................................
23
81.
INTERPRETATION OF PART .............................................................................
23
82.
LOITERING .....................................................................................................
24
SECTION XI: ENFORCEMENT AND PENALTIES ...........................................................
24
83.
EMERGENCY TRAFFIC ......................................................................................
24
84.
ALL TO COMPLY ................................................................................................ 25
85.
OWNER OF VEHICLE .......................................................................................... 25
86.
PLACING TICKETS .............................................................................................. 25
87.
CANCELLATION OF TICKETS ............................................................................... 25
88.
REMOVAL OF OBSTRUCTION, ENCUMBRANCE OR ENCROACHMENT ......................25
89.
ADDITIONAL PENALTIES ....................................................................................
26
90.
PROSECUTION FOR DAMAGES .........................................................................
26
91.
SEIZURE, REMOVAL, AND IMPOUNDING OF VEHICLES ....................................... 26
92.
FALSE STATEMENT .......................................................................................
27
93.
EXCEPTIONS ................................................................................................
27
94.
PENALTIES ...................................................................................................
27
95.
PAYMENT OF FINES .......................................................................................
28
SECTION XII: REPEAL OF FORMER BYLAWS ......................................................... 28
96.
REPEAL ......................................................................................................
28
97.
EFFECTIVE DATE .......................................................................................
28
ADDENDA
SCHEDULE A: ENFORCEMENT AND PENALTIES
SCHEDULE B: NOTICE OF VIOLATION
SCHEDULE C: SECTION II: STOPPING AND PARKING - WARNING NOTICE
SCHEDULE D: SECTION II - PARKING PERMIT
SCHEDULE E: SECTION IV - HEAVY VEHICLE ROUTE
SCHEDULE F: SECTION IV - VEHICLE WEIGHTS AND REGULATIONS
SCHEDULE G: OVERWEIGHT OR OVERSIZE PERMIT
SCHEDULE H: TEMPORARY ROAD/SIDEWALK CLOSURE PERMIT
SCHEDULE I: CONTRACTOR'S PARKING PERMIT
MUNICIPALITY OF ROSETOWN
BYLAW NO.
A BYLAW TO REGULATE TRAFFIC
IN THE MUNICIPALITY OF ROSETOWN
The Council of the Municipality of Rosetown, in the Province of Saskatchewan, enacts as
follows:
SECTION I: SHORT TITLE, APPLICATION AND INTERPRETATION
1.
SHORT TITLE
1.1
This Bylaw may be cited as "The Traffic Bylaw".
2.
APPLICATION
2.1
All of the provisions and enactments set forth in this Bylaw shall relate to and be in full
force and effect within the limits of the Municipality.
2.2
The headings throughout this Bylaw are for convenience only and are not intended to
be used to construe the intent of this Bylaw or any part hereof, or to modify, amplify,
or aid in the interpretation or meaning of the provisions of this Bylaw.
2.3
If a court of competent jurisdiction should declare any section or subsection of this
Bylaw to be invalid, such section or subsection shall not be construed as having
persuaded the Council to pass the remainder of the Bylaw, and it is hereby declared
that the remainder of this Bylaw shall be valid and remain in force.
2.4
In the prosecution of an alleged contravention of any of the provisions of this Bylaw,
the onus of proof that the action giving rise to the charge was previously authorized
shall lie upon the person charged.
3.
INTERPRETATION
3.1
In this Bylaw, unless the contest otherwise requires, the expression(s):
(a)
"ACT" shall mean The Traffic Safety Act, SS 2004, Chap. T-18.1 and
amendments thereto, or any other Act enacted in its stead;
(b)
"CHIEF ADMINISTRATIVE OFFICER" shall mean the Administrator of the
Municipality;
(c)
"ANGLE PARKING" shall mean the parking of vehicles with the right front
wheel drawn up on the right-hand side of the roadway, or a distance of not
more than thirty (30) centimeters from such curb, the vehicle to be placed at
an angle of forty-five (45) degrees with the curb;
- 2 -
(d)
"BICYCLE" shall mean any muscular propelled, chain-driven wheeled device
in, on, or by which a person or persons may be transported or drawn and shall
include:
(i)
any device adapted from a bicycle by the addition of one (1) or more
wheels;
(ii)
a unicycle;
(iii)
a motorized bicycle that is propelled by a combined muscular and
electrical-assisted power, fitted with pedals that are operable to
propel it, weighing no more than 35 kilograms and does not have
sufficient electrical power to attain a speed greater than 34 km/h on
level ground within a distance of two km from a standing start which
a person may ride, regardless of the number of wheels it may have;
(e)
"BOULEVARD" shall mean that portion of property located between the
sidewalk and the adjacent roadway whether marked with a curb or not, or that
portion of property located between the sidewalk and the roadway;
(f)
"BUS" shall mean a bus owned by the Municipality for the transportation of the
disabled and shall include any vehicle designated and used to carry more than
7 passengers operated by a public transit utility or by a private utility, company
or organization;
(g)
"BUS STOP" shall mean that portion of a roadway designed by a sign or curb
marking for use by the Municipality for the purpose of loading and unloading
bus passengers;
(h)
"CHIEF OF POLICE" shall mean the Officer in charge of the Rosetown
Detachment of the Royal Canadian Mounted Police;
(i)
"COUNCIL" shall mean the Council of the Municipality;
(j)
"CONTRACTOR"
shall
mean
a
person
who
contracts,
sub-contracts,
constructs, alters, maintains, repairs or removes buildings or structures,
installs heating, plumbing or other fixtures, painting and/or allied trades
including journeyman or jobber and shall include those businesses or persons
engaged, under contract, in any municipal works;
(k)
"CONTRACTOR
VEHICLE"
shall
mean
trucks,
vans,
utility/cargo/construction/flatbed trailers or other such vehicles owned, leased,
used and/or operated by contractors while carrying out work associated with
the contractors business;
(l)
"CURB" shall mean the dividing line of the roadway between that part of the
roadway intended for use of vehicles and that part of the roadway not so
intended, whether marked with a curb or not;
(m)
"DANGEROUS GOODS" shall mean any product, substance or organism
included by its nature or by the regulations in the schedule to The Dangerous
Goods Transportation Act, SS 1984-85-86, c D-1.2., or any other Act enacted
in its stead;
- 3 -
(n)
"DISABLED PERSON'S PARKING AREA" shall mean all that portion of any
roadway or other public place or public parking lot that has been designated
by sign or other marking for the exclusive parking of disabled person's vehicle;
(o)
"DISABLED PERSON'S VEHICLE" shall mean any vehicle which displays a
special license plate or placard depicting thereon the international symbol of
the disabled issued by the Province of Saskatchewan or other competent
governmental jurisdiction;
(p)
"DRIVER" (passengers excluded) includes the rider of a bicycle, motorcycle
and also the operator of any vehicle;
(q)
"DOUBLE PARKING" shall mean the standing of a vehicle whether occupied
or not:
(i)
parallel to a vehicle parked beside the curb in a designated parking
area; or,
(ii)
parking to the rear of any vehicle that is angle-parked at the curb in a
designated angle-parking area for any reason other than delay due
to traffic signs or signals;
(r)
"FIRE LANE" shall mean that area designated by signs or markings as a fire
lane;
(s)
"IMPOUND" shall mean and includes the seizure, removal and detention of a
vehicle;
(t)
"INTERSECTION" shall mean the area where two or more roadways meet or
cross each other but does not include a lane intersection;
(u)
"LANE" shall mean a public roadway intended primarily to give access to the
rear of real property;
(v)
"LANE CROSSING" shall mean that portion of a sidewalk within the
boundaries of the lane projected;
(w)
"LANE INTERSECTION" shall mean that area where a lane meets a roadway;
(x)
"LOADING ZONE" shall mean the portion of a roadway adjacent to the curb
designated by signs and/or markings for the exclusive use of vehicle loading
or unloading passengers or goods;
(y)
"LUG VEHICLE" shall mean any truck, portable engine or traction engine
having metal spikes, lugs or cleats projecting from the face of the wheels or
tires thereof or having a metal track tread;
(z)
"MUNICIPALITY" shall mean the Municipal Corporation of the Town of
Rosetown, in the Province of Saskatchewan;
(aa)
"MUNICIPAL ENFORCEMENT OFFICER" shall mean the Municipal or Bylaw
Enforcement Officer appointed or designated by Council for the Municipality;
- 4 -
(bb)
"OPERATOR" shall mean a person who drives, operates, or is in charge of a
vehicle on a public roadway and shall include a person leading, riding, or
driving one or more horses;
(cc)
"OWNER" shall mean the registered owner of a vehicle and includes:
(i)
a lessee of a motor vehicle; or
(ii)
a person who is in possession of a motor vehicle under a contract by
which that person may become the owner of the motor vehicle on full
compliance with the terms of the contract;
(dd)
"PARADE" shall mean any procession or body of pedestrians numbering more
than twenty, standing, marching or walking on any roadway or sidewalk, or
any group of vehicles numbering ten or more (except Funeral Processions)
standing or moving on any roadway;
(ee)
"PARALLEL PARKING" shall mean the parking of a vehicle with both right
wheels thereof drawn up to the curb on the right hand side of the roadway or
at a distance of not more than thirty (30) centimetres from such curb and shall
also include, in the case of one-way roadways and other roadways that allow
a vehicle with both left wheels thereof drawn up to the curb on the left hand
side of the roadway;
(ff)
"PARKING" shall mean the standing of a vehicle whether occupied or not,
upon a roadway, otherwise than temporarily in obedience to traffic regulations
or traffic signs or signals;
(gg)
"PARKING AREA" shall mean a portion of a roadway or an area indicated by
signs or markings or parking meters as a place to park;
(hh)
"PEDESTRIAN" shall mean a person traveling on foot or confined to a
wheelchair, whether powered by human power or by motor, and shall include
a baby carriage;
(ii)
"PEDESTRIAN CROSSWALKS" shall mean:
(i)
that portion of a public roadway designated by signs, signals, and/or
pavement markings, or combination thereof, for the use of pedestrians
to cross a public roadway;
(ii)
where there are no signs or pavement markings, that portion of a public
roadway within the prolongation of the lateral boundary lines of the
adjacent or intersecting sidewalk at the end of a block; or
(iii)
where there are no signs or pavement markings, that portion of the
roadway measured five metres back from the street intersection and
parallel across the public roadway:
(jj)
"PERSON" shall mean a corporation or partnership as well as a man, woman
or child;
- 5 -
(kk)
"POLICE OFFICER" shall have the same meaning as "peace officer" as
defined in the Act, and shall mean:
(i)
a member of a police service in Saskatchewan;
(ii)
a person or class of persons designated by the Lieutenant Governor
Council as traffic officers; or
(iii)
any person appointed pursuant to The Police Act, 1990 as a special
constable for the enforcement of this Act;
(ll)
"POWER UNIT" shall mean a motor vehicle designed and used primarily for
pulling a semi-trailer:
(mm) "PUBLIC PLACE" shall mean any place, building or conveyance to which the
public has access by right or by invitation, expressed or implied and for
greater certainty but not to restrict the meaning thereof, shall include dance
halls, theatres, skating and hockey rinks, curling rinks, churches, church halls,
meeting halls, restaurants, beer parlors, bowling alleys, poolrooms, hotels,
motels, motor hotels, stores malls and the West Central Events Centre and
public parks:
(nn)
"RECREATIONAL VEHICLE" shall mean a self-propelled or towed vehicular
type unit, primarily designed as temporary living quarters for recreational,
camping or travel use and which is used solely as a family or personal
conveyance and in no way used for commercial purpose. Without limiting the
foregoing, recreational vehicles include:
(i)
Travel trailer;
(ii)
Cabin trailer;
(iii)
Tent trailer;
(iv)
Truck camper;
(v)
Motor home;
(vi)
Park trailer;
(vii)
Fifth-wheel travel trailer;
(oo)
"RESIDENT ONLY PARKING" shall mean the resident of said property,
including guests and contractors, are the only allowable vehicles to park
where signed on the frontage of the private property;
(pp)
"ROAD
MAINTENANCE
EQUIPMENT"
includes
sanding
trucks,
snow
blowers, street sweeper, de-icers, asphalt sprayers, patching equipment and
other similar equipment operated by an employee or agent of the Municipality
while actually engaged in road maintenance;
(qq)
"ROADWAY" shall mean 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 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
- 6 -
the municipalities as designated pursuant to the provisions of The Highways
and Transportation Act, RSS 1978, c H-3, or any other Act enacted in its
stead;
(rr)
"SCHOOL BUS" shall mean a motor vehicle designed for the conveyance of
school children and other people.
For the purpose of this Bylaw where the
term "Truck" is used, it shall be deemed to include "School Bus";
(ss)
"SCHOOL PATROLLER" shall mean any person designated by the Sun West
School Division #207, or the principal of any school within the Municipality, as
a "School Patroller";
(tt)
"SCHOOL SPEED ZONE" shall mean that portion of a roadway designated by
a sign or signs for the control of traffic adjacent to or in close proximity to a
school;
(uu)
"SCOOTER" shall mean a motorized vehicle designed to be ridden by one
person, which is principally for the purpose of transportation of handicapped,
disabled or elderly people;
(vv)
"SEMI-TRAILER" shall mean a vehicle that is at any time drawn on a highway
by a motor vehicle and that is designed for the conveyance of goods or as
living quarters for persons and so that its weight and the weight of its load is
carried partly on its own axles and partly on another vehicle, but does not
include:
(i)
a farm implement;
(ii)
a timber or metal beam with wheels attached used for the purpose of
moving buildings;
(iii)
an asphalt distributor used for the construction or maintenance of
bituminous surfaced highways; or
(iv)
an axle unit with a fifth wheel assembly used to convert a semi-trailer to
a trailer;
(ww)
"SIDEWALK" shall mean that portion of a roadway used exclusively for
pedestrians, including walking trails;
(xx)
"SIDEWALK CROSSING" shall mean that portion of a sidewalk permanently
improved or designated for the passage of vehicular traffic;
(yy)
"SNOWMOBILE" shall means a vehicle that:
(i)
is not equipped with wheels but is equipped with tractor treads alone or
with skis or with skis and a propeller; or
(ii)
is a toboggan equipped with tractor treads or a propeller; and
(iii)
is designed primarily for operating over snow and is used exclusively
for that purpose; and
(iv)
is designed to be self-propelled; and
(v)
does not weigh more than 500 kilograms;
- 7 -
other than any vehicle that is designed to accommodate eight or more persons
and is used for the transportation of goods or persons;
(zz)
"SPEED ZONE" shall mean any portion of a roadway within the Municipality
as designated herein, and identified by a sign erected and maintained at each
end thereof, indicating the maximum speed applicable thereto;
(aaa)
"STOP" shall mean:
(i)
when required, a complete cessation from movement; and
(ii)
when prohibited, any stopping, even momentarily, of a vehicle, whether
occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a Police Officer or traffic
control signal;
(bbb) "STREET OR AVENUE" shall mean any street or public roadway within the
Municipality therein as designated pursuant to the provisions of the Act;
(ccc) "TRAFFIC" shall mean pedestrians, ridden animals, vehicles, buses, and other
conveyances either singly or together while using any roadways;
(ddd) "TRAFFIC SIGN" shall mean any sign, signal (other than traffic signals),
marking or other device placed, painted, or erected for the guidance,
regulation, warning, direction, or prohibition of traffic;
(eee) "TRAFFIC SIGNAL" shall mean a device whether manually, electrically or
mechanically operated for the purpose of directing, warning or regulating
traffic by ways of an illuminated signal;
(fff)
"U-TURN" shall mean the turning of a vehicle so as to cause it to proceed in
the opposite direction from which it was proceeding immediately prior to the
commencement of such turn;
(ggg) "VEHICLE" means a device in, on or by which a person or thing is or may be
transported or drawn on a roadway and includes special mobile machines
and farm equipment but does not include vehicles running only on rails or
solely on railway company property;
4.
DEFINITION
4.1
Other words and expressions used in this Bylaw shall have the same meaning as
given them in the Act.
5.
GENDER
5.1
Except where the context otherwise requires, all references in the masculine gender
shall also be deemed to include the feminine gender.
- 8 -
6.
VALIDITY
6.1
If any section, clause or provision of this Bylaw is for any reason declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
Bylaw as a whole or any part thereof, other than the section, clause, or provision so
declared to be invalid.
SECTION II: STOPPING AND PARKING
7.
NO STOPPING
7.1
No operator of a vehicle shall stop such vehicle in any of the following places, except
when necessary to avoid collision or conflict with other traffic or in compliance with the
directions of a Police Officer or traffic sign or signal:
(a)
On the driving lane of any roadway;
(b)
Within an intersection;
(c)
On a sidewalk or sidewalk crossing;
(d)
On a crosswalk;
(e)
On a boulevard; or
(f)
Within four and one-half (4.5m) metres of the driveway entrance to any fire
station.
8.
METHOD OF PARKING
8.1
Except when necessary in obeying traffic regulations or traffic signs or signals, unless
otherwise authorized by order of the Municipality, no operator of a vehicle shall park
such vehicle in a roadway other than parallel with the curb and with the right side
wheels of the vehicle not more than thirty (30) centimeters from the curb and within
the limits of the designated parking stall, and where there is no curb, with the right
side wheels as near to the right hand limit of the roadway as is practical; with the
exception of the 100 block, the 200 block and the 300 block of Main Street, the west
side of the 400 block of Main Street, the north side of the 100 block of First Avenue
West and the north side of the 100 block of First Avenue East which are designated
as angle parking.
9.
RETAIL & RESIDENTIAL PARKING TIME LIMIT
9.1
Subject to Section 18; Contractor Parking, no person shall park any vehicle
continuously longer than seventy-two (72) hours in a residential zone. Town Centre
Commercial District (Main Street from Railway Avenue to the intersection of 4th
Avenue) will be limited to eight (8) hours during the hours of 8:00 am - 8:00 pm.
10.
PARKING ON PRIVATE PROPERTY
10.1
No operator of a vehicle shall park said vehicle in any private parking place, private
parking entrance/driveway or on any private property of which he is not the owner,
occupant, licensee, or permittee except with the consent of the said owner, occupant,
licensee or permittee.
- 9 -
11.
PARKING ON PUBLIC PARKING LOTS
11.1
Parking on public parking lots shall be limited to use only by patrons of the attached
public facility or at the discretion of the Municipality.
12.
NEW PAINT LINES
12.1
No person shall drive or walk on or over a newly painted line on any roadway where
such line is indicated by accepted warning or directional markers or signs.
13.
NO PARKING
13.1
No operator of a vehicle shall park said vehicle
(a)
at locations where designated signage prohibits parking.
(b)
at locations where signed "Resident Only" parking, unless a resident placard is
placed face up on the dashboard of the said vehicle.
(c)
anywhere within a fire lane.
(d)
within three (3) metres of the entrance of any lane.
(e)
within six (6) metres of a corner.
(f)
within five (5) metres of a fire hydrant.
(g)
next to a curb that has been painted yellow.
(h)
next to a curb that is painted blue, unless said vehicle is displaying the
International sign of the disabled with license plates or placards
(i)
so that any portion of the vehicle extends over a sidewalk or sidewalk
crossing.
(j)
in any lane or street so as to obstruct the entrance to any driveway or
approach leading to private or public premises.
(k)
on any Municipal property where parking is specifically reserved for:
(i)
Fire, Police or Ambulance vehicles, as designated by signs.
(ii)
Staff only as designated by signs.
(iii)
Vehicles with license plates or placards displaying the International sign
of the disabled.
13.2
No person shall park a cargo, utility, flatbed, construction, boat or snowmobile trailer
that is unattached from the vehicle used for moving the same, on any lane or street,
excepting town-owned equipment.
- 10 -
14.
UNATTENDED VEHICLE ON JACKS
14.1
No person shall leave a vehicle unattended on a jack or jacks with one or more
wheels removed for more than three (3) hours on any roadway or on unoccupied
Municipal property without the vehicle being sufficiently blocked to stop the vehicle
from falling onto the ground.
15.
INOPERATIVE VEHICLE (UNATTENDED VEHICLE)
15.1
No person shall stand or park a vehicle or recreational vehicle on any roadway or
public property for the purpose of vehicle repairs, with the exception of emergency
repairs limited to three (3) hours.
16.
UNREGISTERED VEHICLES
16.1
No motor vehicle, which requires a license plate, shall be parked on a roadway unless
it displays license plates valid for the current year.
17.
DOUBLE PARKING
17.1
No person shall double park a vehicle upon any roadway in the Municipality.
18.
CONTRACTOR PARKING
18.1
Contractor vehicles used by contractors while carrying out work inside buildings or
other places of work shall be exempt from the hourly restricted parking provisions of
this Bylaw, providing that any such contractor vehicle is parked adjacent to the
building or place where the contractor is actively carrying out the work, and providing
that it is carrying equipment or material necessary to the work which cannot be
conveniently unloaded and kept otherwise than on or in the contractor vehicle in
question. Contractors must have a current Rosetown business license as well as a
current parking permit showing the location where the work is being done and that the
applicable fee has been paid. (Schedule I)
19.
OPENING OF VEHICLE DOORS
19.1
No person shall open the door of a vehicle on the side available to moving traffic
unless and until it is reasonably safe to do so, nor shall any person leave a door open
upon the side of a vehicle available to moving traffic, for a period of time longer than
necessary to load and unload passengers.
- 11 -
20.
LIMITED PARKING
20.1
No operator of a vehicle shall park said vehicle for a period exceeding said time limits
set forth by designated signage.
21.
LOADING ZONE
21.1
During the hours specified, no operator of a vehicle shall remain in a loading zone for
a longer period than allowed by the designated loading zone sign for the purpose of
loading or unloading passengers, merchandise, and/or goods;
22.
LOADING PERMITS
22.1
Municipal Enforcement Officers are hereby authorized to issue special permits to
allow persons to park vehicles otherwise than as herein provided in order to load or
unload merchandise or materials.
23.
HEAVY TRUCK PARKING
23.1
No person shall leave a semi-trailer unattached from a power unit parked in a public
roadway.
23.2
No power unit attached or unattached to a semi-trailer shall be parked on a roadway
or lane in any residential district at any time, unless actually engaged in loading or
unloading furniture, goods, or merchandise.
23.3
No power unit attached or unattached to a semi-trailer shall be parked on any lane in
any commercial or industrial district at any time, unless actually engaged in loading or
unloading furniture, goods, or merchandise.
23.4
No person shall park any semi-trailer upon any roadway unless the said semi-trailer is
attached to a power unit and when so attached the semi-trailer shall be deemed part
of the power unit and subject to the regulation pertaining to power units unless
otherwise authorized by order of the Municipality.
24.
RECREATIONAL VEHICLE PARKING
24.1
No operator of a Recreational Trailer, whether attached or unattached to any towing
vehicle, shall park said vehicle(s) on any roadway or alley for a period beyond
seventy-two (72) hours.
- 12 -
25.
PARKING PROHIBITED IN DESIGNATED SNOW ROUTE AREAS
25.1
No person shall park or stop a vehicle on any roadway identified for snow clearing or
removal. This can be identified by snow route signage (sandwich boards) or through
other designated signage or maps.
25.2
Any vehicles parked on designated snow routes may be moved, without notice, for
such distance as is necessary, or impounded by the Municipality at the expense of
the registered owner of the vehicle.
26.
PARKING PROHIBITED IN DESIGNATED ROADWAY MAINTENANCE AREAS
26.1
Roadway maintenance may include, but not limited to, street cleaning, snow removal,
line painting, roadway repair and other similar activities.
26.2
No person shall park or stop on any roadway identified for maintenance. This can be
identified by maintenance signage (sandwich boards) or through other designated
signage or maps.
26.3
Any vehicles parked on designated roadways where maintenance is scheduled may
be moved, without notice, for such distance as is necessary, or impounded by the
Municipality at the expense of the registered owner of the vehicle.
27.
CHALKING TIRES
27.1
In order to determine the time which a vehicle or recreational vehicle has been parked
in a location where parking is restricted to a specific time, any Police Officer,
Municipal Enforcement Officer, or person authorized by this Bylaw may place an
erasable chalk mark on the tread base of the tire of the parked or stopped vehicle or
recreational vehicle without such person or the Municipality incurring any liability for
doing so.
27.2
No person shall remove an erasable chalk mark placed under subsection a) while the
vehicle or recreational vehicle remains parked in the location where it was marked.
28.
WARNING NOTICE
28.1
In order to determine the time which a vehicle or recreational vehicle has been parked
in a location where parking is restricted to a specific time, any Police Officer,
Municipal Enforcement Officer, or person authorized by this Bylaw may place a
Warning Notice as specified in Schedule "C" on the parked or stopped vehicle or
recreational vehicle.
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SECTION III: RULES FOR OPERATION AND CONDITION OF VEHICLE
29.
NO U-TURNS
29.1
No person driving a vehicle shall turn the vehicle so as to proceed in the opposite
direction:
(a)
Between intersections
(b)
At the intersection with a lane
(c)
At areas posted as U-turns prohibited.
29.2
The driver of a vehicle when making a legal turn at an intersection shall not proceed
to do so until it shall be safe to do so.
30.
STOP SIGNS
30.1
At a junction where two or more traffic directions are controlled by stop signs, the
driver who arrives and stops first continues first. If two or more drivers in different
directions stop simultaneously at a junction controlled by stop signs, the driver on the
left must yield the right-of-way to the driver on the far right.
30.2
At any three or four-way stop, the first vehicle to come to a complete stop has the
right-of-way.
31.
YIELD SIGNS
31.1
At any intersection where a yield sign is present, driver facing the sign must yield the
right of way to any other motorist approaching the intersection.
32.
MISCELLANEOUS SIGNS
32.1
No person shall, except where authorized in writing by the Municipality or when duly
authorized by law, erect upon or adjacent to any roadway; any sign, marker, signal or
light or any advertising sign or device.
32.2
No person shall deface, damage, destroy or remove any sign or marker erected
pursuant to this Bylaw.
32.3
All signs shall be removed with-in 48 hours following the event being advertised.
33.
TRAFFIC OBSTRUCTION
33.1
No vehicle operator shall drive, stop or park a vehicle upon any roadway in such a
manner as to block, obstruct, impede, or hinder traffic thereon. Where the obstruction
- 14 -
is unavoidable due to mechanical failure, the operator will not be in breach of this
section provided he promptly takes measures to clear the faulty vehicle from the
roadway.
34.
STOPPING WHEN TRAFFIC OBSTRUCTED
34.1
Notwithstanding any traffic signal indication to proceed, no driver of a vehicle shall
enter an intersection unless there is sufficient space on the other side of the
intersection
to
accommodate
the
vehicle
without
obstructing
the
passage
of
pedestrians or other traffic.
35.
TOWING VEHICLES
35.1
No person shall tow a vehicle on a street in an unsafe manner or with an unsafe tow
rope, tow chain or other connecting device.
35.2
No person shall tow any vehicle upon any roadway unless connection is so arranged
that the towing vehicle and the vehicle being towed are separated by more than two
and one-half (2.5m) metres.
36.
MAXIMUM SPEED
36.1
No person shall drive any vehicle at a speed greater than 40 km/h unless otherwise
posted by designated signage.
37.
VEHICLE NOT TO BE DRIVEN ON SIDEWALK
37.1
No operator shall drive, park, or operate a vehicle within, upon, across or over any
sidewalk area, except at a permanent or temporary driveway, nor upon any
pedestrian path in a public park, unless under the direction of the Municipality.
37.2
A person who obtains permission to cross a sidewalk with a vehicle pursuant to
subsection (i) will be required to submit a refundable damage deposit to the
Municipality of at least one thousand ($1,000) dollars to a maximum of actual
potential damage. Said deposit shall be refunded upon satisfaction of the Municipality
that the sidewalk mentioned has not been damaged.
37.3
No person shall build, construct, or install any type of access road, path, or driveway
for the purpose of access from any private property to any roadway or sidewalk
without first having obtained the written approval of the Municipality.
38.
BACKING-UP OF VEHICLES
38.1
Prior to driving a vehicle in reverse, the operator must ensure it is safe to do so.
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38.2
No person shall drive a vehicle in reverse around the corner of any roadway.
39.
FOLLOWING EMERGENCY VEHICLES
39.1
When any emergency vehicle, including a fire truck, has emergency lights and/or
sirens engaged, no vehicle shall follow at a distance of less than sixty (60m) metres.
39.2
No person driving or operating a vehicle shall cause the said vehicle to pass over or
interfere with a fire hose.
40.
DRIVING ON PLAYGROUNDS AND PARKS
40.1
No person shall drive a vehicle upon or across a public playground, park, or green
space without written permission of a Municipal Enforcement Officer or designate.
41.
SPLASHING OF PEDESTRIANS
41.1
When water, mud, or slush is lying on any roadway, the driver of every vehicle shall
drive on the roadway so as to avoid splashing any pedestrian using the sidewalk or
crosswalk.
42.
UNNECESSARY NOISE, THROWING GRAVEL
42.1
No person shall drive a vehicle on any roadway or parking lot in such a manner as to
cause the tires to make excessive, unusual or unnecessary noise.
42.2
No person driving a vehicle on any roadway or parking lot shall accelerate the vehicle
to such an extent so as to cause the tires to slide, spin or throw gravel or other
substances.
43.
LUG VEHICLES
43.1
No person shall propel, operate, or drive any lug vehicle upon any roadway within the
Municipality without first having obtained a permit from the Municipality to do so
(Schedule F).
44.
SCHOOL BUS ROUTE
44.1
The public school division shall designate, subject to the approval of the Municipality,
school bus routes and shall notify the Municipality in writing of any changes in the
said routes.
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45.
SCHOOL PATROL
45.1
Any driver approaching and facing a stop sign being displayed by a School Patroller
shall bring their vehicle to a complete stop, and shall not proceed or permit their
vehicle to enter the crosswalk until the stop sign is no longer being displayed by the
School Patroller.
46.
COMPRESSION RELEASE ENGINE BRAKES
46.1
No person shall operate, apply, or use compression release engine brakes, except in
the case of an emergency, when the operation of such brakes is necessary to avoid
the possibility of a collision or dangerous situation.
47.
TWO-WAY SINGLE LANE ROADWAYS
47.1
All roadways, unless otherwise signed, are deemed to be two-way single lane
roadways.
48.
MOBILITY SCOOTER
48.1
No person shall operate a mobility scooter on any public roadway unless the mobility
scooter displays a red, yellow or orange flag with a total surface area not less than
500 cm2 (77.5 inches2) at a height of not less than 1.5 metres (4.92 feet) from the
ground.
SECTION IV: VEHICLE WEIGHTS AND REGULATIONS
49.
DAMAGE TO ROADWAYS
49.1
No person shall use a vehicle on a roadway if the vehicle would cause damage to the
roadway surface.
50.
MAXIMUM LENGTH AND WEIGHT RESTRICTIONS
50.1
A vehicle, or a vehicle with a trailer attached, including its load, shall not exceed a
total length of 6.10 metres (20 feet) or a maximum gross weight exceeding 12,000
kilograms (26,450 pounds) on a roadway at any time.
50.2
No vehicle with more than two (2) axles or weighing more than 8,000 kilograms
(17,600 pounds) is permitted on Marshall Avenue between Highway #4 North and 14th
Street East.
50.3
This section does not apply if the vehicle:
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(a)
is a recreational vehicle; or
(b)
is travelling on designated Heavy Vehicle Routes as set forth in Schedule "E";
(c)
is a vehicle directly related to the supply or service of goods to any residential
or commercial property and is travelling the most direct and appropriate route
to and from a heavy haul road and that property.
50.4 Movement of any pre-assembled building or structure that requires a development
permit will also require an Overweight & Oversize Permit as set forth in Schedule "G".
50.5
Overweight & Oversize Permit as set forth in Schedule "G", shall be obtained and
approved prior to travelling on any roads not designated as Heavy Vehicles Routes
with the following criteria:
(a) One permit, including the permit fee shall be obtained per destination address
on a per project basis.
(b) Prior to approval of permit the valid time period will be defined with the
applicant for the project.
(c)
Prior to the expiry of the approved permit, an application may be made for an
extension of the permit, and at no additional charge. Requests following expiry
of permit will be required to submit a new permit application and permit fee.
51.
MEASUREMENT OF WEIGHT
51.1
Where a vehicle is weighed using a portable weigh scale approved by the Minister of
Highways, a Police Officer or Municipal Enforcement Officer shall immediately advise
the operator of the vehicle that in lieu of having the weight determined using the
portable weigh scale, he or she has the right to immediately take the vehicle to the
nearest weigh scales certified by an inspector within the meaning of the Weights and
Measures Act (Canada) that are capable of weighing the vehicle.
51.2
Where the operator of the vehicle decides to have the vehicle weighed at the nearest
weigh scales, a Police Officer or Municipal Enforcement Officer has the power to take
any steps that he or she considers necessary to ensure that no alteration in the
weight of the vehicle or the distribution of the weight of the load occurs during transit
to the weigh scales.
51.3
No operator of a vehicle shall take any action to alter the weight of the vehicle or the
distribution of the weight of the load during transit to the weigh scales.
52.
EXEMPTIONS TO VEHICLE WEIGHTS
52.1
The maximum gross vehicle weights shall not apply to:
(a)
motor vehicles designed specifically to convey garbage;
(b)
buses used for public transportation; or
- 18 -
(c)
emergency vehicles.
53.
COVERING OF LOAD
53.1
No person shall operate any vehicle transporting waste, refuse or debris of any kind,
along or over any roadway unless the load is covered with appropriate materials to
sufficiently cover all waste, refuse or debris and securely fastened in order to prevent
any material from being ejected or blown onto roadways during transportation.
54.
SPILLING MATERIAL
54.1
Should any material being transported be spilled on roadways, it shall immediately be
removed by the responsible party. The area shall be left in as clean and usable state
as prior to the incident. The Municipality may recover any costs, from the responsible
party, if personnel or designates of the Municipality are required to complete the
necessary cleanup.
54.2
If the material described in subsection (a) is a dangerous good as described under
The Dangerous Goods Transportation Act, then the spill response procedure
contained in the The Dangerous Goods Transportation Act must be strictly followed.
55.
HEAVY VEHICLE ROUTE
55.1
The roadways set out in Schedule "E" attached to and forming part of this Bylaw are
designated as the Heavy Vehicle Routes or where designated signage indicates
maximum gross vehicle weight.
SECTION V: BICYCLES
56.
USING THE HANDLEBARS
56.1
No person shall operate a motorcycle or ride a bicycle without having at least one
hand on the handlebars.
57.
TWO ABREAST
57.1
All persons shall ride a bicycle or operate a motorcycle on a roadway with said
operators in single or double file, and at no time shall a bicycle or motorcycle be
operated more than two abreast except for the purpose of passing.
- 19 -
58.
PASSENGERS
58.1
No person shall operate a bicycle, except a tandem bicycle, with more than one
person unless such bicycle is equipped with a passenger carrier mounted in
accordance with manufacturers' instructions and the passenger is mounted behind
the operator of the bicycle.
59.
RECKLESS RIDING AND ACROBATICS
59.1
No person shall operate a bicycle on a street recklessly or negligently or at a speed or
in a manner dangerous to the rider or to the public. Bicycle riders shall at all times
operate their bicycle with due care and attention to the nature and condition of the
street and the traffic thereon and no such rider shall engage in any acrobatic feats or
any fancy riding on any street. For the purpose of this section "acrobatics" and/or
"fancy riding" may include, but shall not limited to:
(a)
removing both hands from the handlebars or feet from the pedals
(b)
riding a two-wheeled bicycle on one wheel;
(c)
jumping curbs or medians; or
(d)
stunting
60.
RIGHT HAND SIDE
60.1
Every person riding a bicycle shall ride as close as possible to the right hand curb, but
this shall not apply when the rider is approaching an intersection and indicates his
intention to turn from a direct line by giving a visible signal.
61.
ON SIDEWALK
61.1
No person shall ride a bicycle or drive a motorcycle upon any sidewalk in the
Municipality except that bicycles may be ridden upon any pathways provided for
bicycle traffic where signs are erected to authorize such traffic.
62.
RULES OF THE ROAD
62.1
Every person riding a bicycle on a roadway in the Municipality shall conform to The
Traffic Safety Act.
- 20 -
63.
HELMET USE
63.1
Every person aged fourteen (14) years and under must wear a properly fitted and
fastened CSA approved protective helmet when he or she:
(a)
operates a bicycle;
(b)
rides as a passenger on a bicycle as allowed by this Bylaw;
(c)
rides on or is towed in anything that is attached to or towed by a bicycle as
allowed by this Bylaw.
64.
BICYCLES ON STREETS
64.1
No person shall leave a bicycle in a reclining position on a street, sidewalk or public
place in the Municipality. On those streets on which there is a curb, bicycles when left
at the curb shall be left in an upright position. No person shall chain or secure by any
means whatsoever a bicycle to a pole, tree or any structure on a street, sidewalk or
boulevard other than designated bicycle stands.
65.
SEIZURE OF BICYCLES
65.1
The Municipal Enforcement Officer or a Police Officer may seize, without warrant, any
bicycle that is being operated in an unsafe manner or deemed abandoned. Bicycle
shall be impounded for a period not exceeding thirty (30) days.
65.2
Any bicycle impounded and unclaimed for ninety (90) days or more shall be dealt with
as lost or unclaimed personal property and sold as per Section X, (80) Seizure,
Removal and Impounding of Vehicles.
SECTION VI: SKATEBOARDS, LONGBOARDS, ROLLERBLADES AND OTHER MEANS
OF CONVEYANCE
66.
INTERPRETATION OF PART
66.1
In this Part:
(a)
"skateboard" includes longboard and "skateboarding" includes longboarding;
(b)
"vehicle" includes a skateboard, rollerblades, and other similar means of
conveyance, but does not include a wheelchair.
- 21 -
67.
STUNTING
67.1
Except as provided in Subsection (2), no person operating or using a vehicle shall
perform or engage in any stunt or activity on a sidewalk or other public place that is
likely to distract, startle or otherwise interfere with other users of the sidewalk or other
public place.
67.2
Stunting is permitted only within designated skate parks.
68.
DAMAGING PROPERTY
68.1
No person skateboarding, longboarding or roller-blading shall do so in a manner
which causes damage to roadway or other public place designed and intended for or
used by pedestrians or any City property affixed or placed on a street, sidewalk or
other public place designed and intended for or used by pedestrians.
SECTION VII: PARADES AND ROADWAY CLOSURE
69.
PARADE PERMIT
69.1
No parade shall be held without first obtaining a Road Closure Permit from the
Municipality for the proposed parade.
69.2
No person shall participate in a parade for which Road Closure Permit has not been
granted.
69.3
Application for a Road Closure Permit for a parade, and payment of the required fees,
shall be made in writing to the Municipality in the form found in Schedule "I" hereto,
giving the nature of the parade, the intended route, the number of persons and
vehicles expected to take part, and the estimated time required for the parade to pass
a given point.
69.4
All applications for a Road Closure Permit for a parade shall be made to the
Municipality at least seven days prior to the day of the parade to allow the Municipality
ample time to arrange for policing the route.
69.5
Unless otherwise permitted in writing by the Municipality a parade on a day other than
a Saturday, Sunday or statutory holiday shall only be held during the hours of:
(a)
0900 - 1600 hours; or
(b)
1800 - 2300 hours
70.
DIVERSION OF TRAFFIC FOR PARADES
70.1
The Municipality is hereby empowered to close whatever streets they deem
necessary during the passage of any parade and to divert traffic to other streets.
- 22 -
During any parade all pedestrians not taking part therein shall be restricted to the use
of the sidewalk.
70.2
Except with permission in writing by the Municipality all parades must proceed on the
right side of the street.
71.
VEHICLE OR PEDESTRIAN CROSSING
71.1
No vehicle and/or pedestrians shall interfere, obstruct or cross through any roadway
of a parade route.
72.
CLOSING ROADWAYS
72.1
The Municipality may close any roadway or sidewalk for the purpose of carrying out
road, sewer line or water line construction, repair or improvement or any other work
where the Municipality believes it is necessary to close the roadway or sidewalk to the
public.
72.2
Where the Municipality has closed a roadway or sidewalk, no person shall enter or
attempt to enter the roadway or sidewalk without authorization from the Municipality.
72.3
The Municipality may temporarily close any roadway or sidewalk where in his opinion
an emergency exists which requires that the roadway be closed.
72.4
Individuals and organizations must complete and pay permit fee prior to approval of
any road or sidewalk closure. (Schedule "H").
72.5
Prior to approval of permit the valid time period will be defined with the applicant for
the closure.
72.6
Prior to the expiry of the approved permit, an application may be made for an
extension of the permit, and at no additional charge.
Requests following expiry of
permit will be required to submit a new permit application and permit fee.
SECTION VIII: HEDGES, TREES AND OBSTRUCTIONS
73.
NEAR INTERSECTIONS
73.1
No person shall plant trees, hedges or shrubs, exceeding one (1) metre in height,
within seven and one-half (7.5) metres at any intersection.
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74.
DANGEROUS TO TRAFFIC OR OBSTRUCTION OF SIDEWALKS
74.1
The Municipal Enforcement Officer or designate may order that any hedge, shrub or
tree or other obstruction be removed, trimmed, or cut down, for the safety of
pedestrians or drivers on a roadway, where a visual obstruction is present.
75.
DAMAGE TO ROADWAYS
75.1
No person shall willfully excavate or trench any roadway without written approval from
the Municipality.
75.2
No person shall operate a vehicle on a roadway if the vehicle would tear, gouge, scar,
or otherwise cause damage to the roadway.
76.
OBSTRUCTION OF ROADWAY OR SIDEWALK
76.1
No person shall place any electrical cord, lumber, tree branch or any other material
across any roadway or sidewalk in such a manner that it obstructs or provides an
unsafe situation for pedestrian or vehicular traffic.
SECTION IX: TRAFFIC SIGNS AND SIGNALS
77.
STOP SIGNAGE
77.1
All stop signs shall be erected and maintained at a distance of approximately three (3)
metres from a roadway intersection at a 90-degree angle to the traffic approaching
the intersection.
78.
YIELD SIGNAGE
78.1
All yield signs shall be erected and maintained at a distance of approximately three
(3) metres from a roadway intersection at a 90-degree angle to the traffic approaching
the intersection.
79.
NO PARKING
79.1
The Municipality shall maintain and/or erect any signage or curb markings to indicate
"No Parking" areas. Such signs or curb markings shall be visible from that part of the
roadway to which the restriction applies.
- 24 -
80.
GENERAL SIGNS
80.1
The Municipality may maintain and/or erect any signage as it may deem relevant for
warning, guidance, directions or information purposes. General signage as referred
to in the Traffic Bylaw is exempt from conditions and/or specifications set forth in the
Municipality Zoning Bylaw.
SECTION X: LOITERING AND OBSTRUCTION OF ROADWAYS
81.
INTERPRETATION OF PART
81.1
In this part "loiter" or "loitering" shall be defined as follows:
(a)
lounging, sitting, standing or remaining at, about, or near the vicinity of any
public place without any apparent purpose or reason; or
(b)
lounging, sitting, standing or remaining at, about or near the vicinity of any
public place in a manner so as to obstruct, interfere, block or slow the free
passage of vehicle or pedestrian traffic; or
while on any roadway or sidewalk make gestures, comments or ask for gifts or
money or to otherwise "panhandle".
81.2
In this part "public place" shall include:
(a)
a roadway, sidewalk or boulevard;
(b)
public parking lot;
(c)
a place or building to which the public has or is permitted access;
(d)
a park or playground; or
(e)
any unoccupied land or building;
82.
LOITERING
82.1
Every person found loitering is found guilty of this offence with the exception of:
(a)
where, at the time of the alleged offence, the individual has consent or
permission of the lawful owner or occupant of that land or building; or
(b)
the gifts or money requested is made by a person in the employ of or on
behalf of a charitable corporation as that term is defined in The Non-profit
Corporations Act, 1995, SS 1995, c. N-4.2, and amendments thereto, or any
other Act enacted in its stead Act.
SECTION XI: ENFORCEMENT AND PENALTIES
- 25 -
83.
EMERGENCY TRAFFIC
83.1
A Police Officer is hereby authorized to direct traffic in conformity with this Bylaw and
the Act.
83.2
Notwithstanding any other provisions of this Bylaw, a Police Officer, a person
designated by a Police Officer, a firefighter or Municipal Enforcement Officer are
hereby authorized to direct or prohibit traffic on any public roadway in any manner
they deem necessary to expedite traffic, safeguard pedestrians, prevent accidents or
meet any unforeseen conditions, whether or not in conformity with this Bylaw or the
Act, in the event of a fire, traffic accident, traffic signal light malfunction or other
emergency.
83.3
Every person shall comply with any traffic signal or direction of a Police Officer,
person designated by a Police Officer, a firefighter or Municipal Enforcement Officer
given pursuant to this section.
84.
ALL TO COMPLY
84.1
Any person who contravenes any of the provisions of this Bylaw or fails to comply
therewith or with any notice given thereunder is guilty of an offence and be liable to
the penalties as hereinafter provided. Said offence and penalties shall be listed on
Form 2, or where applicable Summary Offences Traffic Information as set out by the
Province of Saskatchewan, and provided to the said person.
84.2
Any Police Officer responsible for policing the Municipality, the Municipal Enforcement
Officer or any other person specifically appointed by the Municipality are hereby
designated to enforce all Sections of this Bylaw.
85.
OWNER OF VEHICLE
85.1
The Owner of a vehicle shall be liable for violation of any of the provisions of this
Bylaw in connection with the operation of a vehicle, unless such owner proves to the
satisfaction of a Provincial Magistrate or Justice of the Peace trying the case, that at
the time of the offence the vehicle was not being operated by him/her nor by any
person with his/her consent express or implied.
86.
PLACING TICKETS
86.1
No person, other than a Police Officer, Municipal Enforcement Officer, or person
authorized by this Bylaw may place a Notice of Violation or warning ticket on any
vehicle.
- 26 -
86.2
No person, other than the owner or operator of the vehicle, shall remove a Notice of
Violation or a Warning Ticket from any vehicle.
87.
CANCELLATION OF TICKETS
87.1
The CAO of the Municipality may only cancel a Notice of Violation where, in their
opinion, that Notice of Violation was issued improperly or in error.
88.
REMOVAL OF OBSTRUCTION, ENCUMBRANCE OR ENCROACHMENT
88.1
Where an obstruction, encumbrance or encroachment is created or left on any
roadway, boulevard, or sidewalk, any Police Officer or other person authorized by the
Municipality
may
remove
or
dispose
of
that
obstruction,
encumbrance
or
encroachment at the cost of the person responsible.
89.
ADDITIONAL PENALTIES
89.1
The owner, driver or operator of a vehicle that is unlawfully placed, parked or kept on
any street, parking place or other public place where the length of time parking is
allowed is controlled is subject to an additional violation tag each time the allowed
time has elapsed.
90.
PROSECUTION FOR DAMAGES
90.1
Nothing in this Bylaw shall be construed to curtail or abridge the right of the Town to
prosecute an action for damages by reason of damage suffered to any municipal
property resulting from the contravention of any of the provisions of this Bylaw.
91.
SEIZURE, REMOVAL, AND IMPOUNDING OF VEHICLES
91.1
In addition to, and notwithstanding any penalties provided herein, any Police Officer
or the Municipal Enforcement Officer may remove or cause to be removed any
vehicle that contravenes any section of the Bylaw and may include, but is not limited
to:
(a)
any vehicle that is unlawfully placed, left or kept on any roadway, other public
place, or on Municipal property;
(b)
any vehicle that is unlawfully parked pursuant to Section II, Stopping and
Parking;
(c)
any vehicle which is found on a roadway, public parking place other public
place or on Municipal property where:
(i)
the owner of the vehicle owes three (3) or more outstanding fines to the
Municipality for parking offences;
- 27 -
(ii)
the appeal period against the imposition and amount of said fines has
(iii)
expired; and
(iv)
at least two (2) notices that the fines are outstanding were sent to the
owner at least one (1) week apart;
and seize, impound or store such vehicle.
91.2
The Municipality may retain a vehicle which has been impounded or stored after it has
been removed under subsection 1 until the amount of outstanding fines, if any, and
the costs incurred in removing and impounding or storing the vehicle have been paid,
and upon payment of said outstanding fines and cost the vehicle shall be released to
the Owner. The costs mentioned in this subsection shall include, but are not limited
to, the following:
(a)
The actual cost of removal.
(b)
Administration fee of fifty ($50.00) dollars.
(c)
The cost of storage at a rate of ten ($10.00) dollars per day to a maximum of
one hundred fifty ($150.00) dollars.
(d)
Any actual cost of any legal action.
91.3
Following full payment of any fines, seizure, removal and impounding fees of the
vehicle, the vehicle will be released to the Owner. Owners must remove the vehicle
within forty-eight (48) hours.
91.4
If the fines and costs described in subsection (2) have not been paid within a period of
thirty (30) days from the date of seizure, the Municipality shall have the right to
recover same from the Owner of the vehicle by:
(a)
legal action in court of competent jurisdiction;
(b)
sale through public auction; or
(c)
by private sale of the vehicle.
91.5
Prior to the sale of a vehicle which has been impounded or stored under this section,
the Municipality shall provide notice designating the time and place of the sale at least
fourteen (14) days prior to the sale by:
(a)
publishing a notice on the Municipality website;
(b)
sending a copy of said notice by regular mail to the Owner at the address last
appearing on the vehicle registration; and
(c)
by any other means which council may consider appropriate.
91.6
The proceeds from such sale shall be applied firstly on the fines and costs described
in subsection (2) and the balance remaining, if any, shall be paid to the Owner.
91.7
If the proceeds from such sale are insufficient to satisfy the fines and costs described
in subsection (2), the amount of the shortfall shall be a debt due and owing from the
Owner and enforceable by the Municipality in any manner allowed by law.
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92.
FALSE STATEMENT
92.1
No person shall in any verbal information, report or document for purposes of this
Bylaw, make a statement false in any material particular.
93.
EXCEPTIONS
93.1
Municipality employees are exempt from this Bylaw while in the execution of their
duties.
94.
PENALTIES
94.1
Any person convicted of a breach of the provisions of this bylaw shall forfeit and pay
the ticket, summary or notice of violation as set out in Schedule "A".
95.
PAYMENT OF FINES
95.1
Where any person has committed or is alleged to have committed a breach of any of
the provisions of this Bylaw, a ticket, summary, or notice may be served on such
person by a Police Officer, Municipal Enforcement Officer, or any person duly
authorized by Council. Such person served with a ticket or notice may pay same at
the Rosetown Municipality Administration Office between the hours of 9:00 a.m. and
5:00 p.m., excepting Saturdays, Sundays, and public holidays, provided that payment
must be made within a period of ten (10) days from the service of the said ticket or
notice. If payment is made within such time and accepted, then that person shall not
be liable to prosecution for the offense.
95.2
Service of such ticket or notice may be made personally or by attaching the ticket,
summary or notice to the vehicle in respect of which an offense has been committed
or by mailing such ticket, summary or notice addressed to the registered owner of the
vehicle.
95.3
If the person given such ticket, summary or notice fails to pay the specified ticket,
summary or notice within ten (10) days of issue date of ticket, summary or notice, the
dollar amount doubles as set out in Schedule "A".
SECTION XII: REPEAL OF FORMER BYLAWS
96.
REPEAL
96.1
Bylaw No. 526-06 and all amendments are hereby repealed.
- 29 -
97.
EFFECTIVE DATE
97.1
This Bylaw shall come into force and be in effect on the final passing thereof.
MAYOR
(SEAL)
CHIEF ADMINISTRATIVE OFFICER
Read a third time and adopted this 15th day of January, 2019.
SCHEDULE A: ENFORCEMENT AND PENALTIES
OFFENCE
PENALTY
Time of Issuance
After 10 days
Bicycle - Acrobatics
$25.00
$50.00
Bicycle - Failing to wear a Helmet
$25.00
$50.00
Bicycle - Improper Riding
$25.00
$50.00
Bicycle - Improper Transport of Passengers
$25.00
$50.00
Bicycle - Left Reclining
$25.00
$50.00
Bicycle - Riding on Sidewalk
$25.00
$50.00
Bicycles- More than Two Abreast
$25.00
$50.00
Damage to Roadway or Public Place
*Fine plus applicable costs to restore to previous state
$250.00
$500.00
Disobey School Patroller
$50.00
$100.00
Driving - Backing when unsafe
$25.00
$50.00
Driving - Entering Intersection when Prohibited
$25.00
$50.00
Driving - Failure to Obey Rules of Road
$25.00
$50.00
Driving - Following Emergency Vehicles
$50.00
$100.00
Driving - New Paint Line
$25.00
$50.00
Driving - Turning Where Prohibited
$25.00
$50.00
Driving - where Prohibited
$250.00
$500.00
Excessive Load
$200.00
$400.00
Excessive Weight
$200.00
$400.00
Improper Installation of signs, damage to signs
$25.00
$50.00
Improper Towing of Vehicles
$25.00
$50.00
Load not Covered
$50.00
$100.00
Lug Vehicles (without permit)
$100.00
$200.00
Obstruct Roadway or Sidewalk (Traffic Obstruction)
$50.00
$100.00
Obstructing Traffic
$25.00
$50.00
Operate Jake Brakes (Compression Release Engine
Brakes)
$25.00
$50.00
Parking - Unattended Vehicle or Recreational Vehicle
$100.00
$200.00
Parking - Disabled or Fire Lane
$100.00
$200.00
Parking - Exceed time limit
$100.00
$200.00
Parking - Improper
$100.00
$200.00
Parking - where Prohibited
$100.00
$200.00
Passing Flashing School Bus Lights
$100.00
$200.00
Prohibited Planting of Trees
$25.00
$50.00
Skateboard - Acrobatics/stunting
$25.00
$50.00
Skateboard - Ride Skateboard on sidewalk
$25.00
$50.00
Scooter - Operate without Safety Flag
$25.00
$50.00
Spilled Oil and/or Hazardous Material
*Fine plus applicable costs to restore to remedy
$250.00
$500.00
Splashing of Pedestrian
$25.00
$50.00
Stopping by Hydrants
$100.00
$200.00
Unapproved Roadway or Sidewalk Closure
$50.00
$100.00
Unnecessary Noise, Throwing Gravel, etc.
$50.00
$100.00
Unregistered Vehicle or Recreational Vehicle
$50.00
$100.00
18828670.3
SCHEDULE B: NOTICE OF VIOLATION
18828670.3
WARNING NOTICE
SCHEDULE C: SECTION II - STOPPING AND PARKING - WARNING NOTICE
ROSETOWN MUNICIPAL ENFORCEMENT
This vehicle has been parked in a location where parking is either
restricted and/or a parking time limit exists. Failure to remove your vehicle
prior to the below time will result in TICKETING, SEIZURE, REMOVAL,
and IMPOUNDING of this vehicle at owner's expense.
Removal Time: _______________________________
Drivers Licence No.
Class
Province:
DRI
Make
Model
Color
Year
Vehicle Plate or VIN No. Prov.
Exp.
VEHICLE
OWNER'S
NAME
OWNER'S
ADDRESS
(Last)
(First)
(Other)
(Address)
(City/Municipality)
(Province)
(Postal Code)
NAME OF ISSUING OFFICER
OFFICER SIGNATURE
417 Main Street, Box 398
Rosetown, Saskatchewan S0L 2V0
Website: www.rosetown.ca Phone: 306-882-2214
SCHEDULE D: SECTION II - PARKING PERMIT
Location:
ROSETOWN MUNICIPAL ENFORCEMENT
PARKING PLACARD
Permit No: _____________
Address: _____________________________
Issued by:
Issue Date:
417 Main Street, Box 398
Rosetown, Sask
S0L 2V0
Website: www.rosetown.ca Phone: 306-882-2214
SCHEDULE E: SECTION IV HEAVY VEHICLE ROUTE
SCHEDULE F: SECTION IV - VEHICLE WEIGHTS AND REGULATIONS
ROSETOWN MUNICIPAL ENFORCEMENT
PERMIT
OPERATION OF LUG VEHICLE
Permit cost: $40.00
Permit No.
NAME: __________________________
ADDRESS: ____________________________________________________
VEHICLE DESCRIPTION: ______________________________________________________________
____________________________________________________________________________________
PLATE #: __________________________
ROUTE: ____________________________________________________________________________
DEPOSIT: __________________________
I declare that:
(1)
I will use reasonable care in propelling, operating or driving such lug vehicles over the roadway
to prevent any damage resulting to the roadway.
(2)
I will, when operating such lug vehicle over any bridge or culvert on any roadway or on any
specified bridge or culvert, without first laying down on such bridge or culvert approved
protected materials (planks or timbers) of not less than Five (5cm) centimeters in thickness or
less than Four (4m) metres in length, such material is to be laid lengthwise across the bridge or
culvert in the direction in which the lug vehicle is proceeding in such a manner that they will
support the wheels or tread of the lug vehicle on both sides throughout its entire passage over
such bridge or culvert.
(3)
I will pay for all damages caused to such roadway or to any bridge or culvert as a result of
propelling, operating or driving such lug vehicle.
______________________________
Owner/Operator
417 Main Street, Box 398
Rosetown, Sask, S0L 2V0
Website: www.rosetown.ca Phone: 306-882-2214
SCHEDULE G: OVERWEIGHT OR OVERSIZE PERMIT:
ROSETOWN MUNICIPAL ENFORCEMENT
APPLICATION FOR
OVERWEIGHT or OVERSIZE PERMIT
Permit Fee: $40.00
Permit No.
Overweight Permit Application Oversize Permit Application
Applicants Name: ________________________________________ Contact Name: ____________________________________
Mailing Address:__________________________________________________________________________________________
City/Municipality: ___________________________________________________ Province: ______________________________
Telephone: __________________________ Fax: ____________________________ Email: ______________________________
Originating Location: Civic address or location
Lot Block Registered Plan
Destination: Civic address or location: _______________________________________________________________________
Lot Block Registered Plan
OR Out of the municipality
Approximate Date/Time of Load: ___________________________________________________________________________
Detailed Load Description: Example: Moving a Building -- ______________________________________________________
Power Unit
# of Axles
Width
Gross Weight
Licensed Weight
Vin #
Trailing
Unit # of
Axles
Height
Load Width
Load Length
Total Length
Tractor / Trailer
(Connected by 5th wheel)
Truck/Trailer
(Connected by Hitch)
Single Vehicle
I hereby agree to comply and to be responsible and pay for any damage done to any infrastructure as a result of the overweight and/or oversize of said
vehicle/building, and damage deposit of $1,000 - $2,500 may be required. I acknowledge that it is my responsibility to ensure compliance with any other
applicable bylaws, acts and regulations, and to obtain the required permits and approvals prior to route.
Owner or Authorized Agent (Print)
Date (DD/MM/YYYY)
Signature of Owner/Authorized Agent
To be completed by Administration:
Permission is hereby granted to the applicant for a single trip Overweight and/or Oversize Permit.
PERMIT VALID: From: ____________________________________ To: ____________________________________
ROUTE OF TRAVEL APPROVED: ____________________________________________________________________
________________________________________________________________________________
_____ _______
Date (DD/MM/YYYY)
Signature
Refundable Damage Deposit ($1,000-$2,500)
Department Advised:
___ Engineering
___ Public Works
___ Bylaw
___ Other:
SCHEDULE H: TEMPORARY ROAD/SIDEWALK CLOSURE PERMIT
ROSETOWN MUNICIPAL ENFORCEMENT
APPLICATION FOR
TEMPORARY ROAD / SIDEWALK CLOSURE PERMIT
Permit Fee: $40.00
Permit No.
Road Closure Sidewalk Closure
Road & Sidewalk Closure
Applicants Name: ________________________________________ Contact Name: ___________________________
Mailing Address: _________________________________________________________________________________
City/Municipality: ____________________________________________________________ Province: ____________
Telephone: __________________________ Fax: _________________________ Email: __________________
_______________________________________________________________________________________________
Location of Proposed Closure:
Civic address or location _______________________ ____
Lot Block Registered Plan ____
*Please highlight the exact location on the enclosed map.
Purpose:
Infrastructure Repair
Parade/Festival/Event
Other: _______________________
Approximate Date/Time of Closure: ___________________________________________________________
START Date/Time of Closure
END Date/Time of Closure
Please choose one of the following:
____1.
It is the Applicant's responsibility to call 306-463-2675 on the preceding day for a confirmation reminder to
have the barricades delivered to proposed site closure.
OR
____2.
It is the Applicant's responsibility to pick up the barricades from 411-1st Avenue West on the last working
day preceding the proposed closure and return the barricades after the proposed closure. Please show
permit at time of arrival.
___________________________
Applicant Name (PRINT)
Date (DD/MM/YYYY)
Signature of Applicant
To be completed by Administration:
Permission is hereby granted to the applicant for a Temporary Road / Sidewalk Closure Permit.
PERMIT VALID: From: ____________________________________ To: ____________________________________
EXACT LOCATION APPROVED: ___________________________________________________________________
_______________________________________________________________________________________________
_________________________________________________________________________________________________
___
____
DATE (DD/MM/YYYY)
PRINT NAME
SIGNATURE
DEPARTMENT
ADVISED:
___ RCMP
___ EMS
___ FIRE
___ Public Works
___ Bylaw
___ Other:
SCHEDULE I: CONTRACTOR PARKING PERMIT