Traffic Bylaw No. 00-21 (consolidated, as amended by 01-17, 03-08, 13-05)
Dawson, Yukon
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THE TOWN OF THE CITY OF DAWSON
BYLAW # 00-21
Office Consolidated as amended by 01-17, 03-08, & 13-05
A Bylaw to regulate and control vehicular and pedestrian traffic and use of highways
within the Town of the City of Dawson
WHEREAS the Municipal Act, Chapter 19, Statutes of the Yukon Territory and amendments
thereto provide that, subject to the Highways Act and the Motor Vehicles Act, a municipality
may pass bylaws regulating the use, management and control of municipal highways, and
WHEREAS the Town of the City of Dawson is desirous of consolidating various current bylaws
regulating the use, management and control of municipal highways, now
THEREFORE, under and by virtue of the authority conferred upon it by the Municipal Act,
Chapter 19, the Council of the Town of the City of Dawson, in open meeting duly assembled,
HEREBY ENACTS AS FOLLOWS:
PART 1.00
SHORT TITLE
1.01
This Bylaw may be cited as the "Traffic Bylaw"
PART 2.00
DEFINITIONS
2.01
In this Bylaw:
(1)
"Bicycle" means a device propelled solely by human power upon which a person
may ride, having one or more wheels of which at least one is more than forty (40)
centimeters in diameter.
(2)
"Bylaw Officer" means an individual appointed by Council to act on behalf of
the City of Dawson to enforce the bylaws.
(3)
"Central Business District" means the area bounded on the west by the Yukon
River dyke, on the east by the laneway immediately east of Fifth Avenue, on the
south by the southern edge of the Harper Street road allowance, and on the north
by the northern edge of the York Street road allowance.
(4)
"City Manager" means the person appointed by Council to the position of Chief
Administrative Officer for the City, or his designate.
(5)
"City" means the Town of the City of Dawson in the Yukon Territory.
(6)
"Commercial Vehicle" means any motor vehicle other than a private vehicle as
defined in the Motor Vehicles Act.
(7)
"Council" means the duly elected Council of the City.
(8)
"Driver" or "Operator" means a person who drives or is in actual physical
control of a vehicle.
(9)
"Heavy Vehicle" means any vehicle or combination of vehicles having a total of
more than three axles, including the steering axle but does not include:
a) vehicles primarily intended for conveyance of passengers;
b) vehicles in use for the purpose of construction or repair of any public
utility or infrastructure on or within the right-of-way of a highway;
c) emergency vehicles;
d) vehicles intended for the purpose of moving buildings while engaged
in conveying a building for which the necessary moving permits have
been issued; and
e) vehicles recovering a disabled vehicle from a highway.
(10)
"Highway" means any cul-de-sac, boulevard, thoroughfare, street, road, trail,
avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle
way or other place, whether publicly or privately owned, any part of which the
public is ordinarily entitled or permitted to use for the passage or parking of
vehicles, and includes
(a) a sidewalk, including a boulevard portion thereof,
(b) where a ditch lies adjacent to and parallel with the roadway, the ditch,
(c) where a highway right-of-way is contained between fences or
contained in a cut-line or between a fence and one side of the roadway, all
the land between the fences, all the land in the cut-line, or all the land
between the fence and the edge of the roadway, as the case may be,
(d) all the land shown on a registered plan of survey of a highway right-
of-way,
(e) where a highway right-of-way is not shown on a registered plan of
survey or is not contained between fences or cut-lines, all the land
with thirty (30) meters of the center line of the highway.
(11)
"Intersection" means the area embraced within the prolongation or connection of
the lateral curb lines or, if none, the exterior edges of the roadways of two or
more highways which join one another at an angle, whether or not one highway
crosses the other.
(12)
"Judge" or "Court" includes a Judge of the Territorial Court of the Yukon.
(13)
"Lane" means any highway where the width of the roadway is less than seven (7)
meters.
(14)
"Motor Coach/Bus" means a vehicle in excess of 11,000 kilograms and Nine (9)
meters in length primarily intended for conveyance of passengers.
(15)
"Officer" means a Bylaw Officer of the City, or a member of the Royal Canadian
Mounted Police.
(16)
"Official" means the Chief Administrative Officer or any other person authorized
by Council or the Chief Administrative Officer to act on behalf of the City.
(17)
"Owner" means the person in whose name a motor vehicle or trailer is or is
required to be registered under the Motor Vehicles Act of the Yukon Territory.
(18)
"Person" includes and individual, partnership, association, company, trustee,
executor, administrator or legal representative.
(19)
"Public Works Superintendent" means the person hired by the City to fulfill the
duties of Public Works Superintendent or his designate.
(20)
"Residential Area" means any district classed in the City=s Zoning and Historic
Control Bylaw as Mobile Home Residential, Multiple Unit Residential, Single
Detached Residential, or Country Residential or any grouping of dwellings in any
City of Dawson Bylaw #00-21, Page 3 of 17
other area in which the predominant use of buildings in the area is for single
family or multiple family dwellings.
(21)
"Road Allowance" means any surveyed road right-of-way or, where no surveyed
road right-of-way exists, all the land within thirty (30) meters of the center line of
the road.
(22)
"Skateboard" means any self-propelled device consisting of a platform mounted
on wheels, with or without a control pedestal, on which the rider stands.
(23)
"Summary Conviction" means summary conviction under and by virtue of the
Criminal Code and the Yukon Summary Convictions Act.
(24)
"Traffic Control Device" means any sign, signal, marking or device, including
the post or standard on which it is mounted, placed, marked or erected under the
authority of this Bylaw for the purpose of regulating, warning or guiding traffic.
(25)
"Traffic Control Signal" means a traffic control device whether manually,
electrically, or mechanically operated by which traffic is directed to stop and to
proceed.
(26)
"Vehicle" shall include a motor vehicle, trailer, semi-trailer, self-propelled
machine, traction engine, or any device in, upon or by which any person or
property is or may be transported or drawn upon a highway.
PART 3.00
ROAD PROTECTION AND SAFETY COMMITTEE
3.01
There is hereby established a Road Protection and Safety Committee, consisting of:
(1)
The Mayor, or in his / her absence the Deputy Mayor,
(2)
The Chief Administrative Officer, or in his / her absence his delegate, and
(3)
the Public Works Superintendent, or in his / her absence his delegate.
3.02
All decisions of the Road Protection and Safety Committee shall be recorded in writing.
PART 4.00
PROTECTION OF HIGHWAYS
4.01
No person shall cause or allow or do any act which is likely to cause or does cause
damage to or interfere with the operation of one or more of the following:
(1)
a highway
(2)
a culvert
(3)
a bridge
(4)
a traffic control device
(5)
any public property or permitted private property situated on a highway or within
a road allowance.
4.02
No person shall affix any advertising material poster, placard, sign, or other material on
any traffic control device or any part of a highway, bridge or culvert without written
permission of the City and no person shall erect any device or structure, either in or
outside of a road allowance which interferes with the effectiveness or visibility of a
traffic control device.
4.03
No person or public utility shall cause an obstruction for the purpose of working on
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power, phone or cable utilities without approval of an Official of the City. Once
approval has been obtained the City shall cause barriers to be erected and the fee for this
service shall be as set out in the Fees and Charges Bylaw.
4.04
No person shall cause or allow or do any act which is likely to cause or does cause any
obstruction to be on or within one or more of the following:
(1)
a highway
(2)
a culvert
(3)
a bridge
(4)
any public property or permitted private property situated on a highway or within
a road allowance.
(5)
power poles
4.05
No person shall:
(1)
excavate or otherwise destruct a highway, including the road allowance thereof,
or
(2)
transport material or loads of material over a highway which would be of an
extraordinary use likely to imperil the highway or people living on or near the
highway.
4.06
Notwithstanding Section 4.04, a person, with the written approval of an Official of the
City, may excavate or otherwise destruct a highway, including the road allowance
thereof, or make extraordinary use of a highway subject to such conditions as may be
imposed by the Official. If any unauthorized excavation or destruction occurs, the person
responsible for the action shall repair the disturbance to the satisfaction of the City or
reimburse the City for the cost of repair.
4.07
No person shall cause or allow to be caused by vehicular traffic any disturbance to the
traveled roadway surface of paved, gravel or dirt highways which will rut or mark the
traveled roadway surface of the paved highway, or which will rut or mark the traveled
roadway surface of the gravel or dirt highway to the extent that it will create a hazard for
a typical passenger car using that highway. If such a disturbance is caused, the person
responsible shall repair the disturbance to the satisfaction of the City or reimburse the
City for the cost of repair.
4.08
Where a person is using a highway to the extent that such usage creates a dust problem
annoying or hazardous to people living alongside of or near the highway, the city may
require said person to provide dust suppression treatment for the highway for as long as
the annoyance or hazard exists.
4.09
Where a person uses the highway to an extent which causes the need for more than
routine maintenance by the City, the City may require said person to be responsible for
providing the additional maintenance needed.
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4.10
No person shall dispose of rubbish in a public place or on a highway or within a road
allowance unless the rubbish is disposed of in a container placed for the purpose of
collecting rubbish.
4.11
An Officer of Official may destroy or otherwise dispose of rubbish or other matter which
has been unlawfully deposited on a highway or in a public place or within a road
allowance.
4.12
No person shall operate or move on a highway any vehicle, equipment or machine other
than personal used motorized toboggan not equipped with rubber tires which support the
weight of the vehicle, equipment or machine while being operated or moved on a
highway without the written permission of the City.
4.13
No person shall use any implement or machine to cultivate, mow or in any other way
disturb or cause damage to any road allowance or the shoulder of any highway without
the written permission of the City.
4.14
No person shall remove from any highway any gravel, asphalt, pavement or other
material used to surface a roadway, without the written permission of the City.
4.15
No person shall cause or do any act which causes all or parts of a load being transported
along a highway to be distributed or otherwise spread onto the surface of the highway or
onto the road allowance, without the written permission of the City.
4.16
No person shall deposit or dispose of rocks, earth, vegetation, petroleum products,
chemicals or other similar materials on a highway or within a road allowance without the
written permission of the City. Any person doing so without permission shall be
responsible for removal of all materials deposited and, where necessary, for the
restoration of the highway or road allowance to its original or better condition.
4.17
No person shall construct an access onto a highway, nor build a pipeline or other
infrastructure along or across a developed highway or undeveloped road allowance, nor
use an undeveloped road allowance without the written permission of the City.
4.18
An Officer or Official is hereby authorized to take any action deemed reasonable and
necessary to prevent continuation of any act prohibited by "PART 3: ROAD
PROTECTION AND SAFETY COMMITTEE" of this Bylaw and may do, but is not
restricted to, the following:
(1)
Impound a vehicle, or a vehicle and its cargo and/or equipment, or any other
machine or object or thing used to commit an offence under this Part and to hold
same until it is, in the opinion of the Officer, rendered inoffensive.
(2)
Order the vehicle, machine or equipment to be removed from the highway or road
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allowance.
(3)
Detour any vehicle and cargo or other machinery and equipment.
(4)
Order a person to cease any act which causes an offence under this Part.
(5)
Remove and dispose of any signs or other objects improperly affixed to or
interfering with traffic control devices, parts of a highway, bridge or culvert.
PART 5.00
RATES OF SPEED
5.01
For the purposes of this Part, Council hereby delegates authority for the fixing of
maximum rates of vehicle speed to the Road Protection and Safety Committee, who shall
from time to time set out on a form as prescribed in Schedule "B" maximum rates of
vehicle speed which shall have full force and effect in the zones or areas and highways
described in the said Schedule. In setting maximum rates of speed, the Road Protection
and Safety Committee shall consider policy of Council and recommendations of the
Manual of Uniform Traffic Control for Canada.
5.02
The Road Protection and Safety Committee, by signs posted along any highway, may fix
a maximum vehicle speed limit in respect of any curve in a highway where the design of
the curve requires a safe traveling speed which is less than the regular maximum vehicle
speed for that highway or portion of that highway. Said vehicle speed limit will be
applicable to all vehicles or to any class or classes of vehicles while traveling over that
part of the highway.
5.03
The Road Protection and Safety Committee, by signs posted along any highway, may fix
a maximum vehicle speed limit in respect of any part of the highway under construction
or repair or in a state of disrepair. Said vehicle speed limit will be applicable to all
vehicles or to any class or classes of vehicles while traveling over that part of the
highway.
5.04
The Road Protection and Safety Committee is hereby authorized to place such traffic
control devices and signals, including but not restricted to speed limit signs and warnings
of changes in speed limits as may be necessary to inform the traveling public of the
vehicle speed limits and recommended traveling speeds.
PART 6.00
WEIGHT AND DIMENSION CONTROL ON HIGHWAYS AND
BRIDGES
6.01
No person without the written permission of the City shall operate a vehicle on a
highway which exceeds the maximum allowable weight, width, height or length of the
vehicle as determined in the Yukon Highways Act Regulations or the license issued for
the vehicle.
6.02
The Road Protection and Safety Committee is hereby delegated the authority to:
(1)
prohibit the use of any highway by a traction engine or public vehicle, or by a
class or classes thereof, for a period or periods that the Committee determines.
(2)
limit or restrict the speed of a traction engine or public vehicle, or of a class or
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classes thereof, using a highway for a period or periods that the Committee
determines, and
(3)
increase, limit or restrict the maximum gross weight that may be borne by a tire,
an axle or an axle group, or any of them, or the maximum gross weight that may
be borne by a vehicle or combination of vehicles on a highway for a period or
periods that the Committee determines, when the Committee is of the opinion that
the prohibition, limitation or restriction is necessary for public safety or the
preservation of the highway, or that the increase is appropriate for the road
conditions at the time.
6.03
All decisions of the Road Protection and Safety Committee shall be recorded in writing.
Changes to standard Territorial road weights shall be advertised by posting the
appropriate signage on the highway affected and by notifying the Dawson Detachment of
the RCMP and the Territorial Vehicle Enforcement Section.
6.04
The Chief Administrative Officer is authorized to approve individual overload or over
dimensional permits. Such approvals shall be at the discretion of the approving Official
and shall have regard for public safety and road conditions.
PART 7.00
STOP AND YIELD
7.01
Subject to the provisions of this Bylaw, "stop" and "yield" regulations and prohibitions
shall be in compliance with the Yukon Motor Vehicle Act.
7.02
The Road Protection and Safety Committee is hereby authorized to determine the
locations at which stop signs and yield signs shall be affixed and at which operators are
required to stop or yield as the case may be. In determining these locations, the Chief
Administrative Officer shall consider public safety, the free flow of traffic, policy
approved by Council, and the recommendations of the Manual of Uniform Traffic
Control for Canada.
Part 8.00
PARKING AND RESTRICTED PARKING
8.01
For the purposes of this Part, Council hereby delegates to the Road Protection and Safety
Committee the authority for the designation and prescribing of "no parking" or
"restricted parking" zones, and to have appropriate signs erected. Without restricting the
generality of the term, "restricted parking" zones could include angle parking, limited
hours of parking, loading zones, and type or size of vehicle which may park. The Road
Protection and Safety Committee shall maintain an inventory of the said signage in the
form of a written inventory or map.
8.02
In exercising his authority under Section 8.01 above, the Road Protection and Safety
Committee shall have due regard for public safety, clear and unobstructed flow of traffic
and, to the degree that it does not hinder the first two objectives, the convenience of the
motoring public; as well as any policy approved by Council and the recommendations of
the Manual of Uniform Traffic Control for Canada.
City of Dawson Bylaw #00-21, Page 8 of 17
8.03
No person shall stop or park a vehicle upon a highway when it is practicable to stop or
park the vehicle off the highway, and in no event shall a person stop or park a vehicle on
a highway unless a clear and unobstructed width is left between the vehicle and the
center line of the highway for free passage of other vehicles thereon.
8.04
Where a vehicle is parked on a highway not in a developed residential, commercial or
industrial area, there must be a clear view of the parked vehicle for sixty (60) meters in
either direction from the vehicle along the highway and adequate night time warning of
the vehicle must be placed in front and to the rear of the vehicle.
8.05
No person shall park a vehicle in contravention of a "no parking" or "restricted parking"
sign erected by authority of this Part and no person shall park in a loading zone for any
other purpose than to load or unload a vehicle.
8.06
Unless required or permitted by this Bylaw, or by a traffic control device erected by the
authority of this Bylaw, or by the order of an Officer, or in order to prevent a traffic
accident, no person shall stop or park any vehicle:
(1)
on a sidewalk or boulevard,
(2)
in a crosswalk or on any part of a crosswalk,
(3)
within an intersection,
(4)
at an intersection nearer than within five (5) meters of the projection of the corner
property line lying at right angles to the direction of travel,
(5)
within 1.5 meters of an access to a garage, private road or driveway,
(6)
within, upon, alongside or opposite any public works excavation, obstruction,
road construction or road repair project,
(7)
on any bridge or overpass, or in any underpass, or in the approaches thereto,
(8)
within five (5) meters of a fire hydrant,
(9)
within six (6) meters of a stop or yield sign.
8.07
No vehicle in excess of five (5) tones gross vehicle weight may be parked on a road
within a residential area of the City. This section shall not be used to prohibit larger
vehicles from parking in a residential area for the period of time in which they are
engaged in delivering a service to a residence.
8.08
The parking or storing of a tanker truck with a capacity exceeding 17,000 liters and
generally used for the purpose of transporting flammable liquids or gases or other
dangerous goods shall be prohibited in the Central Business District and in any
residential area. Notwithstanding this Section, said vehicles may stop for the purpose of
immediately off-loading their contents.
8.09
Where a vehicle or other object is left standing upon a highway for more than twenty four
(24) hours without moving, it may be deemed by an Officer to be parked in contravention
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of this Bylaw.
8.10
Nothing in this Part shall be construed to prohibit firefighting vehicles or equipment,
police vehicles, ambulances, vehicles engaged in highway repair, maintenance and
inspection, or vehicles of a public utility from parking on a highway when it is advisable
to do so.
8.11
Nothing in this Part shall be construed to prohibit the driver of a school bus from parking
on a highway for the purpose of loading or unloading passengers if there is insufficient
space off the highway to load or unload passengers.
8.12
For the purpose of the enforcement of the parking provisions of this Bylaw, an Officer is
authorized to place a sticker, notice, or erasable mark on the tire of any parked or stopped
vehicle and the Officer and the City incur no liability for doing so.
8.13
An Officer may cause to be removed in any reasonable way any vehicle or object found
in contravention of this Part or which otherwise is unreasonably obstructing traffic.
8.14
A vehicle or object removed by authority of Section 8.10 may be held, stored, or kept in
any place deemed suitable or expedient by an Officer at the cost of the owner or person in
charge of the vehicle.
PART 9.00
HEAVY VEHICLES
9.01
Except as otherwise indicated by a traffic control device or as provided for in this Part,
no person shall operate, park or stop to load or off-load a heavy vehicle upon any
highway in the Central Business District.
9.02
Except as provided for in this Part, no person shall operate a heavy vehicle on a highway
not designated a truck route in Appendix "A" of this Bylaw.
9.03
Except as provided for in this Part, no person shall park a heavy vehicle upon a highway
for more than two (2) consecutive hours.
9.04
For the purpose of access to and exit from a work site and for the purpose of loading or
unloading furniture at a residence a person may operate, stop and park a heavy vehicle on
any highway.
9.05
A person may operate a heavy vehicle in the Central Business District between the hours
of 6:00 AM and 11:00 AM and between the hours of 7:00 PM and 12:00 Midnight for the
purpose of loading or off-loading the heavy vehicle. The Chief Administrative Officer or
his delegate is hereby authorized to extend the hours of loading and off-loading for a
heavy vehicle in an emergent situation.
9.06
For the purposes of Section 9.05, an emergent situation is one caused by illness of the
City of Dawson Bylaw #00-21, Page 10 of 17
operator; mechanical problems with the heavy vehicle; unforeseen road conditions;
shortages of medical supplies, perishable foods or fresh milk; or similar situations.
Council by resolution may approve policies to regulate emergent situations.
9.07
Where an emergent situation occurs which prevents the operator of a heavy vehicle from
complying with Section 9.05, the operator shall cause the situation to be reported to the
City Office on the next regular business day during regular hours. Any operator failing
to report said occurrence is in contravention of this Bylaw.
9.08
Notwithstanding Section 9.05, a person is permitted at any time of the day to off-load
fuel from a heavy vehicle to the Yukon Energy Corporation power plant at Fifth Avenue
and the Klondike Highway and to any service station in the Central Business District
providing that the heavy vehicle shall be parked entirely on private property during the
off-loading.
9.05
Where a heavy vehicle must operate on a highway not designated to be a truck route,
such heavy vehicle shall proceed on the most direct and shortest route between the
nearest truck route and the point of destination.
9.06
The operation of engine compression or engine exhaust brakes is prohibited in residential
areas.
10.00 TRACKED VEHICLES
10.01 Notwithstanding Section 4.11 above, a person may operate a tracked vehicle or
equipment on any gravel or dirt road within the Callison Industrial Subdivision and may
load or unload tracked vehicles and equipment at or near a work site without the written
permission of the City providing that the person shall be responsible for repairing any
damage caused to the road in accordance with Section 4.06 above.
10.02 For the purpose of installing, maintaining or altering installations in a road allowance, the
City and any public utility may operate tracked vehicles or equipment on a highway or in
a road allowance provided that the public utility has first obtained written authorization
from the City and provided that the owner shall be responsible for repairing any damage
caused to the road in accordance with Section 4.06 above.
PART 11.00 MOTOR COACH/BUS OPERATIONS
11.01 Council by resolution may establish restricted areas of operation and regulations
governing motor coaches and buses for the purpose of conducting tours. Within
residential areas, a person may only operate a bus on bus routes designated by Council
resolution and only between the hours of 8:00 AM and 9:00 PM.
11.02 A person shall not stop or park a bus on any highway in the Central Business District for
a duration of more than thirty (30) minutes except for the purpose of loading and off-
loading passengers and/or their luggage.
City of Dawson Bylaw #00-21, Page 11 of 17
11.03 A person may only stop or park a bus in a residential area for the purpose of loading and
off-loading of passengers and/or luggage at locations designated by Council resolution.
(1)
Where a person, in order to reach a designated location in a residential area, must
operate a bus on other than an approved bus route, he shall proceed on the most
direct and shortest route between the nearest truck route and the designated
location.
11.05 The use of down draft exhaust air conditioners and engine compression or engine exhaust
brakes in residential areas is prohibited.
PART 12.00 GENERAL TRAFFIC CONTROL
12.01 The Council hereby delegates to the Chief Administrative Officer or his delegate the
authority for designating and fixing of "regulatory" or "warning" traffic control devices.
12.02 The Chief Administrative Officer or his delegate is hereby authorized to designate the
location of, and to have erected, any other traffic control devices or signals of a
"regulatory", "warning" or "advisory" nature not already authorized by this or any other
Bylaw which might be necessary to ensure the safety of the traveling public and
pedestrians and to assist with the free flow of traffic on the highways.
12.03 An inventory of all signs erected under the authority of this or other Bylaws shall be kept
by the Chief Administrative Officer in writing or in map form.
12.04 The Chief Administrative Officer or his delegate and an Officer are each of them
authorized to sign, close, barricade or otherwise prevent vehicle passage on any highway
or bridge which, in their opinion, has become unsafe, and may, for the purposes of this
Section, detour traffic for the distance or on any routes deemed expedient by the officials
so authorized.
(1)
Devices erected for the purposes of this Section shall remain erected and in place
until the Chief Administrative Officer or his delegate or an Officer is satisfied the
highway or bridge is no longer unsafe.
12.05 Notwithstanding anything in this Bylaw, an Officer may direct traffic according to his
discretion where he reasonably considers it necessary to do so in order to:
(1)
ensure orderly movement of traffic,
(2)
prevent injury or damage to persons or property,
(3)
permit proper action in an emergency.
12.06 No operator of a vehicle shall make a U-turn in the Central Business District unless signs
have been erected permitting the making of a U-turn.
12.07 Vehicle operators are required to obey all regulatory signs erected under the authority of
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this Bylaw and to obey all directions from Officers issued in accordance with this Bylaw.
12.08 Where written permission of the City is required or provided for under this Bylaw, it may
be in the form of a letter, agreement or standardized form signed by an Official of the
City.
PART 13.00 ADMINISTRATION
13.01 The Chief Administrative Officer is hereby authorized to design and approve all forms,
agreements and permits necessary for the administration of this Bylaw.
13.02 A person who obtains written approval from the City for activities on highways or within
road allowances in accordance with this Bylaw but who fails to comply with the
conditions of those approvals is guilty of an offence.
13.03 Failure to comply with the conditions of a permit or agreement issued in accordance with
this Bylaw renders the permit or agreement invalid and any procedure or prosecution
subsequent to the violation of a condition of a permit or agreement will proceed as
though the permit or agreement did not exist.
13.04 Nothing in this Bylaw shall obligate municipal officials to issue any permit or agreement,
or give approval to any activity.
PART 14.00 PROCEDURE AND PROSECUTION
14.01 For the purpose of procedure and prosecution under this Bylaw, the Council adopts the
provisions of Part CCVII of the Criminal Code of Canada respecting summary
conviction; the Canada Interpretation Act; and the Summary Convictions Act,
Interpretation Act, Municipal Act, Highways Act, Motor Transport Act, and the Motor
Vehicles Act of the Revised Statutes of the Yukon Territory and amendments thereto.
14.02 The conviction of a person under the provisions of this Bylaw does not operate as a bar to
further prosecution for the continued neglect or failure on the part of the person to
comply with the provisions of this Bylaw, or conditions, orders or permits issued in
accordance with this Bylaw.
14.03 In a prosecution for contravening this Bylaw, the existence of a traffic control device or
signal is prima facie proof that the device was properly designated and erected by the
proper authority without other or further proof.
14.04 A certificate or document purporting to be signed by the Chief Administrative Officer
stipulating any particular relative to this Bylaw shall be admitted in evidence as prima
facie proof of the facts stated in the certificate or document, without proof of the facts
stated in the certificate or document, without proof of the signature or authority of the
persons signing the certificate.
City of Dawson Bylaw #00-21, Page 13 of 17
14.05 The owner of a vehicle is liable for any contravention of this Bylaw, regulations or
schedules in connection with the vehicle unless the owner proves to the satisfaction of the
Judge trying the case that at the time of the offence, the vehicle was not being operated
by him or by any other person having his consent, express or implied.
14.06 Where a person violates or contravenes any provisions of this Bylaw respecting the
transportation of cargo or a piece of equipment or machinery, the shipper and the carrier
shall be jointly and severally responsible for the violation or contravention unless the
shipper or the carrier, as the case may be, produces evidence to show that he did not
violate or contravene the provision.
14.07 While enforcing the provisions of this Bylaw, an Officer may do any reasonable thing
relevant to stopping vehicles and determining the identity of drivers, offenders, or
suspects, including contravening provisions of this Bylaw providing such contravention
is carried out in a manner which has concern for the safety of the general public.
14.08 Unless prohibited by territorial statute, an Officer may use any insignia, device or piece
of equipment which is reasonably necessary for carrying out duties imposed by this
Bylaw.
14.09 All schedules, regulations and acts of an Official of the Municipality or of the Road
Protection Committee established under the authority of this Bylaw shall be deemed to
have been made by Bylaw; and all such schedules, regulations and acts shall be construed
as part of this Bylaw.
14.10 For the intent and purpose of this Bylaw respecting the duties and powers of any Official
and the Road Protection Committee, it shall be deemed sufficient for those officials to
amend or rescind any schedule, regulation or order and to record such action in writing,
verified by the signature of the Official or one member of the Road Protection
Committee, where appropriate, and the date of the action.
14.11 It shall be sufficient for the purpose of this Bylaw if signs required by this Bylaw are
posted in the following forms and terms:
(1)
The speed limitations imposed by Part 5.00 "Rates of Speed" shall be expressed
on signage in block numerals and may be preceded by max or maximum or
maximum speed and may be followed by the terms kmph or km/h. Speed signs
featuring other alpha-numeric combinations which are in place at the time this
Bylaw comes into effect shall continue to have effect but shall be replaced with
new signs as it becomes convenient for the City.
(2)
New stop signs shall be comprised of the word STOP in white lettering on a red
octagonal or red circular background. Stop signs which are in place at the time
this Bylaw comes into effect shall continue to have effect but shall be replaced
with new signs as it becomes convenient for the City.
City of Dawson Bylaw #00-21, Page 14 of 17
(3)
New yield signs shall be comprised of the word YIELD in a contrasting color on a
yellow triangular background, or a red triangle on a white background with or
without the word YIELD in contrasting color. Yield signs which are in place at
the time this Bylaw comes into effect shall continue to have effect but shall be
replaced with new signs as it becomes convenient for the City.
(4)
Parking signs and all other traffic control devices shall have contrasting colors of
printing and background and shall use wording and/or symbols which clearly
convey the intent of the restriction or warning. Parking signs and all other traffic
control devices in place at the time this Bylaw comes into effect shall continue to
have effect but shall be replaced with new signs as it becomes convenient for the
City.
PART 15.00 PENALTIES
15.01 Any person who contravenes the provisions of Part 5.00 "Rates of Speed" is guilty of an
offence punishable on summary conviction and is subject to the penalties for speeds as
set out in Schedule "A" of this Bylaw.
15.02 Any person who contravenes the weight provisions of Part 6.00 "Weight Control on
Highways and Bridges" as per the Motor Vehicle Act is guilty of an offence punishable
in accordance with the overweight charges established in the Motor Transport Act of the
Yukon Territory.
15.03 Any person who contravenes any other provisions as set out in Schedule "A" is guilty of
an offence punishable on summary conviction and is liable to a penalty as set out in
Schedule "A".
15.04 Any person who contravenes any provisions of this Bylaw for which a penalty has not
otherwise been provided is guilty of an offence punishable on summary conviction and is
liable to a fine of not less than twenty five dollars ($25.00) and not more than two
thousand five hundred dollars ($2,500.00), and in default of payment is liable to
imprisonment for a term not exceeding six (6) months, or to imprisonment for a term not
exceeding six (6) months without the option of a fine, or to both a fine and imprisonment.
15.05 A person served with notice of an offence of this Bylaw may pay to the City the specified
penalty, out of Court, and in lieu of appearing in answer to a charge or information.
(1)
The voluntary payment option shall be valid for no more than ten (10) days
following issue of the notice. Thereafter, if the person does not pay the penalty,
they may be summoned to appear before a Judge in answer to a charge or
information.
15.06 Notwithstanding Section 15.05, an Officer may:
(1)
Issue to a person charged with an offence a summons forming part of a "Violation
City of Dawson Bylaw #00-21, Page 15 of 17
Ticket" according to the Summary Convictions Act, Violation ticket Regulation,
and indicate thereon the specified penalty applicable to the offence as prescribed
in Schedule "A".
(2)
Issue to a person charged with an offence, a Criminal Code Form 6 Summons
requiring a person to appear before a Judge of the Territorial Court of the Yukon
in answer to a charge or information.
15.07 Service of notice of an offence referred to in Section 15.05 and 15.06 above shall be
sufficient if it is:
(1)
personally served, or
(2)
attached to or left in or on the vehicle in respect of which an offence is alleged to
have been committed, and/or
(3)
mailed to the address of the registered owner of the vehicle or person in
possession of the vehicle.
15.07 Any fine or penalty imposed under this Bylaw shall inure to the benefit of the City.
15.08 Schedules "A" and "B" of this Bylaw may be amended from time to time by resolution of
Council.
PART 16.00 REPEAL OF OTHER BYLAWS
16.01 Section 9 of Bylaw #95-06 and all of Bylaws # 97-21, 97-22, 97-29, 98-13 and 00-16 are
hereby repealed.
PART 17.00 EFFECTIVE DATE
17.01 This Bylaw shall come into full force and effect on the final passing thereof.
READ a first time this 8th day of January, 2001
PUBLIC HEARING held this 5th day of March, 2001
READ a second time this 10th day of April, 2001
READ a third time this 17th day of April, 2001
________________________________
MAYOR
________________________________
CLERK
Town of the City of Dawson
BYLAW # 00 - 21
City of Dawson Bylaw #00-21, Page 16 of 17
Schedule AA@
ITEM SECTION
OFFENCE
PENALTY
1.
4.01/4.02
Cause/allow damage to a highway, culvert
or bridge or improperly affix signs, etc.
$
500.00
2.
4.01
Cause/allow damage to public/private
property on a highway
500.00
3.
4.03
Cause/allow an obstruction on a
highway, culvert or bridge
200.00
4.
4.04
Excavate a highway without permission
1,000.00
5.
4.06
Damage the highway surface
500.00
6.
4.09
Dispose of rubbish on a highway
500.00
7.
4.11
Operate a vehicle not equipped with
rubber tires
500.00
8
4.12
Improper cultivation on a road allowance
500.00
9.
4.14
Improperly secure load
200.00
10.
4.15
Deposit rocks, etc on a highway
100.00
11.
6.01
Operate an oversized (other than overweight)
vehicle on a highway
500.00
12.
Part 7 and 12.07
Fail to stop or yield
100.00
13.
12.07
Fail to obey a miscellaneous traffic control
device
50.00
14.
Part 8.00 and 12.06
Improper parking
50.00
Town of the City of Dawson
City of Dawson Bylaw #00-21, Page 17 of 17
BYLAW # 00 - 21
Schedule AB@
Maximum Rates of Vehicle Speed
1. General Rates
(1)
Except as otherwise provided in this Schedule, the maximum rate of speed on a highway
shall be Forty (40) kilometers per hour.
(2)
The maximum rate of speed in a school zone or playground zone shall be Twenty five
(25) kilometers per hour.
2. Other Rates
(1)
The maximum rate of speed on Front Street, Klondike Highway North of the Dome Road
Intersection shall be Forty (40) kilometers per hour.
(2)
The maximum rate of speed on the Klondike Highway from the Dome Road Intersection
South to the Bonanza Creek Road Intersection shall be Seventy (70) kilometers per hour.
(3)
The maximum rate of speed on the Klondike Highway South from Bonanza Creek Road
Intersection to the boundary limit of Dawson City (Quigley Dump) shall be Ninety (90)
kilometers per hour.
Approved:
Effective Date:
Chief Administrative Officer
THE TOWN OF THE CITY OF DAWSON
BYLAW # 01-17
APPENDIX "A"
1.
TRUCK ROUTES
The following highway sections are hereby designated to be truck routes.
1)
5th Avenue from Front to York Streets.
2)
Front Street for the entire length.
3)
Church Street from Front Street to 5th Avenue.=]
4)
York Street from Front Street to 5th Avenue.
City of Dawson Bylaw #00-21, Page 18 of 17
(4)
BUS ROUTES
(4)
5th Avenue from Front to Duke Streets.
(5)
Front Street for the entire length
(6)
5th Avenue from Front to King Streets
(7)
Front Street, down Harper Street to 2nd Avenue
(8)
2nd Avenue from Harper Street to King Street
(9)
5th Avenue from Front to Queen Streets
(10)
5th Avenue from 8th Avenue to Queen Streets
(11)
3rd Avenue from Princess Street to Queen Street
(12)
5th Avenue from 2nd Avenue to Princess Streets
(13)
Front Street along 5th Avenue to Duke Street
(14)
5th Avenue to 7th Avenue along Princess Street
(15)
7th Avenue between Princess Street and Harper Street
(16)
5th Avenue to 7th Avene along Harper Street
(17)
5th Avenue to 6th Avenue along Graig Street
(18)
Front to Graig Street on 6th Avenue
(19)
Front to Firth Street on 7th Avenue up to 8th Avenue on Firth Street
(20)
8th Avenue on Firth Street to Queen Street
3.
TRAFFIC PATTERN - ZONE I
1)
Zone I shall consist of 5th Avenue and Front Street.
2)
All access highways to Front Street shall be controlled by a Stop sign.
3)
All access highways to 5th Avenue shall be controlled by a Stop sign.
4)
The access from 5th Avenue to Front Street shall be controlled by a Stop sign.
4.
TRAFFIC PATTERN - ZONE II
1)
Zone II shall consist of the area bound by Front Street, York Street, 5th Avenue
and Church Street.
2)
All intersections in Zone II shall be controlled by a Stop sign pursuant to the
following pattern:
a)
On 2nd Ave at York Street, Queen Street, Princess Street and Harper Street.
b)
On 3rd Avenue at York Street, King Street, Queen Street, Princess Street,
Harper Street and Church Street.
c)
On 4th Avenue at York Street, King Street, Queen Street, Princess Street,
Harper Street and Church Street.
d)
On Princess Street and York Street at 3rd.
e)
on King Street at 2nd and 3rd.
f)
On Queen at 3rd.