Town of Bow Island Traffic By-Law No. 2022_03

Bow Island, Alberta · No. 2022_03 · adopted 2022-05-24 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 32d4f787fb93 · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 1 of 16 A BYLAW, OF THE TOWN OF BOW ISLAND, TO PROVIDE FOR THE CONTROL AND REGULATION OF PEDESTRIAN AND VEHICULAR TRAFFIC WITHIN THE TOWN. NOW THEREFORE THE MUNICIPAL CORPORATION OF THE TOWN OF BOW ISLAND IN COUNCIL ASSEMBLED ENACTS AS FOLLOWS: 1. SHORT TITLE This Bylaw shall be called "The Traffic Bylaw" and shall be taken to apply within the municipal boundaries of the Town of Bow Island. 2. DEFINITIONS 1. In this Bylaw the definitions described in Section (1) of the Traffic Safety Act, R.S.A.2000, c.T-6, as amended (hereinafter referred to as the Traffic Safety Act) shall apply to this Bylaw and in addition the following definitions shall apply: a. "Bus" means a motor vehicle designed for carrying more than 13 passengers that is used or intended to be used for the transportation of persons. b. "Bus Stop" or "Bus Zone" means that portion of a highway adjacent to the curb designated as being reserved exclusively for the loading and unloading of buses. c. "CAO" means the Chief Administration Officer for the Town of Bow Island and appointed by council as such. d. "Commercial Vehicle" means a motor vehicle registered as a commercial vehicle and is defined as such within the meaning of the Traffic Safety Act. e. "Council" means the municipal council of the Town, duly assembled and acting as such. f. "Cul-de-Sac" means local roads which are terminated at one end, with the provision for turning vehicles. g. "Curb" means the concrete or asphalt edge of a highway or the division point between the highway and boulevard or sidewalk. h. "Heavy Truck" means all motor vehicles (including trucks commonly referred to as 1 ton, 3 ton, 5 ton or highway tractor) which: i. have a registered gross vehicle weight (GVW) of 10,000 kilograms or more, OR ii. in excess of seven (7) meters in length, OR iii. has more than two (2) axles, OR iv. is commonly referred to a highway tractor as defined in section 2(m) of this bylaw. i. "Heavy Truck Route" means the heavy truck route outlined in Schedule "B" of this Bylaw. CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 2 of 16 j. "Heavy Truck Area" means the area outlined in Schedule "B" of this Bylaw designated for the parking of heavy trucks. k. "Highway" means any thoroughfare, street, road, trail, avenue, boulevard, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle way or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes (i) a sidewalk, including a boulevard adjacent to the sidewalk, (ii) if a ditch lies adjacent to and parallel with the roadway, the ditch, and (iii) if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, but does not include a place declared by regulation not to be a highway. l. "Highway Tractor" means a motor vehicle commonly referred to as a semi- trailer tractor (pulling unit only) but does not include a semi-trailer. m. "Holiday" means and includes every Sunday, and any other day defined as holiday in the Interpretation Act R.S.A. 2000 c. I-8 and any day or portion of a day proclaimed by the Mayor or by the Council of the Town as a Civic Holiday. n. "Gross Vehicle Weight (GVW)" means the maximum weight of a motor vehicle or combination of attached motor vehicles and the load thereon specifically. o. "Implement of Husbandry" means any tractor, combine, or any other machinery or equipment designed for use on a farm, for harvesting, or any other type of groundwork. p. "Loading Zone" means that portion of a highway adjacent to the curb designated by signage as reserved exclusively for the loading and unloading of commercial vehicles. q. "Municipal Enforcement Officer" means a person appointed to the position of Municipal Enforcement Officer, Peace Officer, or RCMP within the Town of Bow Island. r. "Parade" or "Procession" shall mean any group of pedestrians other than a military or funeral procession numbering more than fifty (50) and marching or walking on the highway or on the sidewalk or any group of vehicles other than a military of funeral procession and numbering ten (10) or more, or both. s. "Permit" means a valid handicap placard or license plate that is issued or recognized by the Solicitor General of Alberta; t. "Public Parking Area" means public property that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles. CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 3 of 16 u. "Private Parking Area" means private property that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles. v. "Public Property" means publicly owned land including land owned by the Town. w. "Private Property" means land that is privately owned. x. "Recreational Vehicle" as defined in the Traffic Safety Act. y. "Reside" means to live in a place permanently or for an extended period. z. "Restricted Heavy Truck Area" means the area outlined in Schedule "B" of this Bylaw. aa. "Restricted Heavy Truck Route" means the restricted heavy truck route shown on Schedule "B" of this Bylaw. bb. "Semi-Trailer means any trailer pulled by a heavy truck and includes a trailer commonly referred to as a "pup" or "pup trailer". cc. "Second Offence" means an offence under this bylaw for which the person has been charged with the same offence within the preceding twelve (12) months of the date of the offence in question. dd. "Town" means the Municipal Corporation of the Town of Bow Island of the area contained within the Town boundaries as the context requires. ee. "Town owned Land" means any land, curb, sidewalk, boulevard, street, laneway, alley or any property owned by the Municipal Corporation of Bow Island. ff. "Trailer" means any trailer including but not limited to a holiday or recreation trailer, cargo trailer, semi-truck trailer, utility trailer, vehicle haul trailer or any other trailer which is attached to a motor vehicle and used for transport. gg. "Traffic Control Device" means any sign, signal, marking or device placed, marked or erected by the Town or pursuant to any act of Alberta, and shall include, but is not limited to, no parking signs, road closed signs, detour signs, crosswalks, lights or hand held signals. 3. STOPPING STANDING PARKING 1. Vehicles must be parked parallel to the roadway, in the direction that traffic flows, leaving no more than 30 cm. between the passenger side of the vehicle and curb, unless designated as angle parking by a traffic control device. 2. No person shall park a motor vehicle in an alley, unless he is actively engaged in: a) the loading or unloading of goods from a vehicle for a period not exceeding thirty (30) minutes, or, b) the loading or unloading of goods or passengers from a vehicle other than a commercial vehicle for a period not exceeding five (5) minutes, provided the vehicle CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 4 of 16 described in subsections (a) or (b) does not obstruct the free passage of pedestrian and vehicular traffic through such alley. 3. No person shall stop a motor vehicle in a loading zone except: a) for a period not exceeding five (5) minutes for the purpose of, and while actively engaged in loading or unloading passengers, or, b) for a period not exceeding thirty (30) minutes for the purpose of, and while actively engaged in loading or unloading of merchandise or other materials. 4. No person shall park a trailer on a highway unless the trailer is attached to a motor vehicle by which it may be drawn, for a time not exceeding seventy-two (72) consecutive hours. This provision does not apply to a tent, vacation or holiday trailer provided the tent, vacation or holiday trailer is being loaded or unloaded and is parked for that purpose for a period not exceeding forty-eight (48) hours. Contractors who require their trailers be unhooked for an extended period of time on site must request permission from a Town designate prior to detaching trailer, and must not interfere with vehicular or pedestrian traffic. 5. No person who sells, repairs, or services motor vehicles, for compensation, shall park or leave any such motor vehicle, in his control, on a highway. 6. No person shall leave any motor vehicle parked on a highway for a continuous period exceeding seventy-two (72) hours, under the discretion of the Municipal Enforcement Officer. 7. No person shall leave a vehicle or trailer parked on a boulevard or street or highway with no valid license plate attached, or in a derelict and inoperable state. 8. No person shall park a motor vehicle, other than a passenger vehicle, of a length together with any trailer attached thereto, greater than twelve point five (12.5) meters on any highway unless: a) such person is actively engaged in loading or unloading passengers, merchandise or personal effects, 9. No person shall park a motor vehicle: a) on private property without the express consent of the owner thereof or other person in charge of the property; b) on a boulevard unless it is an existing paved boulevard; c) In any manner as to obstruct, block or hinder the safe passage of traffic on designated highways. d) On any property or land owned by the Town of Bow Island including right of ways. e) in a park or on other public property unless specifically authorized to do so by the CAO, Public Works Manager, or Municipal Enforcement Officer. f) in such a manner that it interferes with use or access of a public sidewalk or pedestrian crosswalk. CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 5 of 16 g) Within 5m of an approach to a stop or yield sign h) Within 5m of a fire hydrant. i) In front of a fire hydrant blocking access for emergency services. 10. No person shall park a motor vehicle on a highway, alleyway or parking lot indicated by a no parking sign, or any other traffic control device. 11. No person shall park a motor vehicle at an angle to the curb or to a sidewalk adjacent to a boulevard in an area prohibiting, at the direction of a traffic control device, the parking of a vehicle at an angle to the curb or to the sidewalk adjacent to a boulevard. 12. No persons shall park parallel to a curb or to a sidewalk adjacent to a boulevard in an area prohibiting, at the direction of a traffic control device, to park a vehicle parallel to the curb or to a sidewalk adjacent to a boulevard. 13. No person shall park a motor vehicle in such a way as to obstruct an emergency exit from any building or posted fire lane around a building. 14. No person shall unload a commercial vehicle on a highway or public property unless such public property is designated for that purpose by the Manager. 15. No person shall park a vehicle in an area where the town is actively engaged in road maintenance, or public utility construction or repairs and traffic control devices have been temporarily placed prohibiting the parking of vehicles. 16. Notwithstanding the provisions of the Traffic Safety Act, a motor vehicle may be parked at an angle to the curb in a cul-de-sac provided that the vehicle is parked in such a manner as not to interfere with the free flow of traffic in the cul-de-sac. 17. Where any type of motor vehicle has removable camping accommodation, installed on it, the operator or owner of the motor vehicle or any person in charge of the motor vehicle shall not, either permanently or temporarily, leave the camping accommodation or other removable portion of the motor vehicle used for this purpose on any portion of a highway after the same has been removed from the motor vehicle. 18. No person or persons shall occupy or permit any person to reside within a mobile unit or any recreational unit upon any highway or private or public property, unless such land is designated as such. Any fines or costs incurred to prevent the person from occupying the unit in contravention will be levied against the property owner if applicable. 19. Notwithstanding any other provision of this Bylaw, the following classes of motor vehicles are exempt from parking prohibition: a) emergency vehicles; b) public utility vehicles, c) municipal or other government public works vehicles, d) towing service vehicles while any such vehicle is being used in work requiring that it be stopped or parked in contravention of any such prohibition. CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 6 of 16 20. No person, whether an Owner or Occupier of a property, shall leave a recreation device on the roadway when not in use; including but not limited to portable basketball nets, hockey nets, skateboard ramps, etc. 4. MUNICIPAL PUBLIC PARKING 1. No person shall park any motor vehicle upon land designated as a Municipal Public Parking area in such a manner as to occupy more space than such a motor vehicle should normally occupy if parked properly in a parallel position to the motor vehicles that may be parked on either side of the said motor vehicle. 2. No person shall park any motor vehicle in excess of twelve point five (12.5) meters in length on any Municipal Public Parking area or highway, unless in a portion of that Municipal Public Parking area or highway has been designated by signs as being reserved for motor vehicles in excess of twelve point five (12.5) meters. 3. No person shall park any motor vehicle in a Municipal Public Parking area or highway in such a manner as to block obstruct, impede or hinder the access or egress of any other vehicle. 5. OPERATION OF A VEHICLE 1. Subject to this Section, no person shall drive a vehicle at a speed greater than forty (40) kilometers an hour on a local road within the municipal boundaries unless otherwise posted except: a) 10th Street East from Highway 3/ 7th Avenue East to south boundary: 80 km/h b) Range Road 105 from 1st Avenue East to north boundary: 50 km/h c) Range Road 111 from 1st Avenue West to north boundary: 80 km/h. 2. No person shall drive a vehicle over an unprotected fire hose. 3. No person shall drive a motor vehicle by which a second vehicle is being towed, unless attached by a fixed hitch. 4. No person shall drive a vehicle in an alley at a speed greater than twenty (20) kilometers an hour. 5. No person shall operate a vehicle on a highway contrary to a traffic control device. 6. No person shall operate a vehicle in an area where the town is actively engaged in road maintenance, public utility construction or repairs for which traffic control devices have been temporarily placed prohibiting the operation of vehicles. 6. PARADES/PROCESSIONS 1. No person shall park a vehicle on a highway that has been cleared for a parade or funeral procession and is marked by a traffic control device. 7. BICYCLES AND MOTORCYCLES CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 7 of 16 1. A person traveling upon any sled, toboggan, skis, roller skates, or any toy vehicle, tricycle, bicycle or similar device shall not cling to or attach himself or his conveyance to any motor vehicle upon a highway. 2. No person shall leave a two-wheeled vehicle on a highway other than at the curb or edge of the highway other than in an upright position. 3. A Municipal Enforcement Officer may impound any bicycle or motorcycle parked in contravention of this Bylaw and the provisions of the Bylaw relating to the removal and impoundment of vehicles shall apply with the necessary modifications. 4. No person shall ride or park a bicycle on any sidewalk except where expressly permitted to do so by this Bylaw. Children's bicycles or tricycles having a wheel diameter of less than fifty (50) centimeters are exempted from this provision. 8. NON REGISTERED MOTOR VEHICLES - DEFINITION 1. A motor vehicle, which does not have a registration certificate with a specified gross vehicle weight (GVW) shall be deemed to have a gross vehicle weight (GVW) in excess of 10,000 kilograms unless established otherwise. The onus or burden of establishing that the motor vehicle has a gross vehicle weight (GVW) of less than 10,000 kilograms in any court proceedings shall be on the person charged with the offence under the Bylaw. 9. PARKING AND OPERATION OF HEAVY TRUCKS 1. Except where heavy trucks are specifically mentioned elsewhere in this bylaw section 9 applies to all heavy trucks. 2. No person shall operate a heavy truck on a highway other than a heavy truck route or a restricted heavy truck route, unless they are in the course of their normal business or duty related to their employment. 3. No person shall park a heavy truck or semi-trailer on private property or public property except in the area designated as a "heavy truck area" or other public property designated for that purpose. 4. No person shall detach a semi-truck trailer on any restricted heavy truck route or highway within the Town. 5. Notwithstanding Section 9, a person shall be exempt from prosecution under this section if: a) the heavy truck was being operated on the most direct route between two points, one point being the nearest heavy truck route or restricted heavy truck route and, the other point being a location where: i. goods or merchandise are being delivered or collected for a commercial purpose; or ii. heavy trucks are authorized to park; or iii. a building is being moved, provided the necessary permits have been issued by the Town; or CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 8 of 16 iv. an authorized business premise is located and used for the repair or service of heavy trucks; or v. the person is operating a bus providing service of transporting people or merchandise to a community event or in service of a person with a disability; or vi. the person is operating a motor home; and vii. the person is operating a heavy truck owned by or contracted for service by the Town, while actively engaged in providing that service. 6. No person, while operating a heavy truck off of the heavy truck route, for any of the reasons set forth in Section 5(a) shall exceed a speed of thirty (30) kilometers per hour. 7. No person shall operate an engine brake within the Town limits. 8. Notwithstanding any other provision of the Bylaw, no person shall operate a heavy truck on any highway when the weight of the vehicle or any combination of vehicles and the load thereon is in excess of the maximum specified weight indicated by a sign erected pursuant to Schedule "B" or by public notice that such restriction is in effect. 9. Wherever in his opinion, there is a contravention of section 9, a Municipal Enforcement Officer may order the driver or other person in charge or control of a motor vehicle, or combination of attached motor vehicles, suspected of being on a highway in contravention of such section to take such motor vehicle or combination of attached motor vehicles to the nearest adequate weigh scale to determine the gross weight of such motor vehicle or combination of attached motor vehicles. The weight slip or slips shall be given to the Municipal Enforcement Officer and may be retained by him, and if the gross weight of the motor vehicle or combination of attached motor vehicles is in excess of the maximum gross weight for the motor vehicle or combination of attached motor vehicles, the Municipal Enforcement Officer, in addition to any prosecution for contravention by the Bylaw, may require that any load or portion thereof in excess of maximum gross weight for the motor vehicle or combination of attached motor vehicles shall be removed before the motor vehicle or combination of attached motor vehicles is again taken upon a highway. 10. A weight slip given to a Municipal Enforcement Officer and submitted by him in evidence in court shall be prima facie proof of the authenticity of the weight slip and of the particulars thereon submitted in evidence, and of the accuracy of the weight scale used. 11. Particulars obtained by a Municipal Enforcement Officer from a registration certificate produced to him and submitted by him as evidence in court shall be prima facie proof of the authenticity of such certificate and of the particulars thereon submitted in evidence. 10. DANGEROUS GOODS 1. Dangerous goods, as defined under the Transportation of Dangerous Goods Act, shall only be transported on the routes designated by appropriate signage and as indicated on Schedule "B" of this Bylaw. 2. Any motor vehicle that is transporting dangerous goods that need to leave the dangerous goods route for the purpose of making a delivery must contact the Town CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 9 of 16 Office at 545-2522 during regular business hours or 580-9840 after hours prior to leaving the truck route. 11. RESTRICTIONS ON DIMENSIONS OF VEHICLES 1. No person shall drive or have on a roadway a motor vehicle or combination of attached motor vehicles with any dimension, either including or excluding any load thereon, greater than the following: a) width - two meters sixty centimeters (2.60m), b) height from road surface - four meters fifteen centimeters (4.15m), c) length (total length of motor vehicle, or combination of attached motor vehicle) - twenty three (23) meters. 2. No person shall operate an implement of husbandry on any road other than a heavy truck route or park an implement of husbandry on any residential property within the Town. This does not apply to Public Works staff and employees who operate mowing tractors, or other equipment in the course of municipal works. Contractors are also exempt providing they are in the operation of conducting business within the town. C 3. Notwithstanding subsections 12(1), a person may apply to the Municipal Enforcement Officer or his Agent for a permit to allow, on a public thoroughfare in the Town, a motor vehicle or combination of attached motor vehicles with one dimension or more in excess of the maximum dimensions referred to in subsection 12(1)(a-c) of this bylaw and the Municipal Enforcement Officer or his Agent may; a) grant a permit for such purpose and for such periods as he may set out therein, b) refuse to grant such a permit, but the person applying for the permit may appeal from such refusal to the Council of the Town. c) Said permit shall take the form as provided for in schedule "C" of this bylaw. 4. Notwithstanding the provisions of subsection 12(2) upon receiving permission from the Municipal Enforcement Officer and subject to the owner of the motor vehicle assuming the full responsibility for damage to his own motor vehicle, property or cargo as well as any damage to underpasses, bridges, telephone, telegraph or power wires or any overhead structure a person may drive on a public thoroughfare a motor vehicle which is not more than four meters fifteen centimeters (4.15 m) in height from the pavement or road. 5. The maximum width of two meters sixty centimeters (2.60 m) referred to in subsection 12(1)(a) does not apply to buses, mobile homes or house trailers, any of which type of motor vehicles may have a maximum width not in excess of three meters five centimeters (3.05 m) can be operated on a highway without a permit. 12. POWERS OF MUNICIPAL ENFORCEMENT OFFICERS/ OFFENCES & PENALTIES 1. Any person who contravenes any provision of the Bylaw is guilty of an offence. CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 10 of 16 2. A person who is guilty of an offence under this Bylaw is liable to pay a fine of not less than the specified penalty for that offence and not more than $2,000.00 or, in default of payment, to imprisonment for a period of not more than six (6) months. 3. Where a Municipal Enforcement Officer believes on reasonable and probable grounds that an offence has taken place consisting of a breach or contravention of the Bylaw, he may commence proceedings by issuing either a summons/violation ticket (Part 2) or an offence notice/violation ticket (Part 3) in accordance with the provisions of the Provincial Offences Procedure Act, R.S.A. Chapter P-34 4. Notwithstanding the provisions of Section 13(3), if a Municipal Enforcement Officer believes on reasonable and probable grounds that an offence has taken place consisting of a breach or a contravention of this Bylaw relating to any section of this bylaw then the Municipal Enforcement Officer may issue a violation tag in such form as may be prescribed from time to time by the Officer. 5. Service of the violation tag is sufficient if the violation tag is: a) personally served; or b) attached to the vehicle in respect of which the offence is alleged to have occurred, in which case the violation tag need not specify the name of the person alleged to have committed the offence if the vehicle is described on the violation tag by license plate number; or c) Mailed to the owner of the vehicle, by registered mail. 6. The CAO may authorize a person other than a Municipal Enforcement Officer to issue and serve a violation tag in respect of any alleged offence and in such cases all of the provisions of the Bylaw relating to violation tags shall apply mutatis as though the violation tag had been issued and served by a Municipal Enforcement Officer. 7. No person shall remove a violation tag placed upon or affixed to a vehicle pursuant to the provisions of this bylaw, unless they are a Municipal Enforcement Officer, or a person lawfully entitled to possession of the vehicle. 8. In order to determine the time which a motor vehicle has been parked in a location where parking is restricted, to a specific time, or pursuant to section 3(5) of this bylaw, a Municipal Enforcement Officer, Peace Officer or a Member of the RCMP may place an erasable chalk mark on the tread face of the tire of a parked or stopped motor vehicle without such Municipal Enforcement Officer, Peace Officer or the Town incurring any liability for so doing. (moved) 9. The penalty amounts that the Town will accept as payment for the alleged offences under this bylaw may be fixed from time to time by ordinary motion of council. 10. A person driving or in charge or control of a motor vehicle, or combination of attached motor vehicles, suspected by a Municipal Enforcement Officer of being on a highway in contravention of the Bylaw, shall when requested by the Municipal Enforcement Officer, produce for such officer's inspection any official registration certificate or interim registration certificate for such motor vehicle or combination of attached motor vehicles that may have been issued by the Government of the Province of Alberta or any other documents as the Municipal Enforcement Officers feels is required for the investigation CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 11 of 16 of any contravention of this bylaw. Any person who fails to produce said registration certificate, interim registration certificate or documents shall be guilty of an offence. 13. PAYMENTS REDUCED PENALTIES FOR PROMPT PAYMENT 1. Upon the issuance and service of a violation tag, the Town will accept payment of the penalty amount prescribed therein and upon payment to a person authorized by the CAO to receive such payment, there shall be issued an official receipt and such payment shall be accepted in lieu of prosecution for the alleged offence. 2. The CAO may, upon approval from time to time by an ordinary motion of Council, prescribe in the violation tag reduced penalty amounts for prompt and early payment. 3. Upon payment of the reduced penalty amount to a person authorized by the CAO to receive such payment, within the time specified in the violation tag, there shall be issued an official receipt and such payment shall be accepted in lieu of the prosecution of the alleged offence. 4. Nothing in this Bylaw shall be read or construed as: a) preventing any person from exercising his right to defend an allegation that he has committed an offence under the Bylaw, or b) preventing any Municipal Enforcement Officer from issuing a summons or offence notice under the Provincial Offences Procedure Act or otherwise initiating court process in any manner permitted by law, in respect of an alleged offence for which a violation tag may be issued; or c) If any provision of the Bylaw provides for an exemption, the onus or burden of establishing the exception in any Court proceedings shall be on the person charged with the offence under the Bylaw. 14. SPECIFIED PENALTIES 1. If a vehicle is involved in an offence referred to in this Bylaw, the registered owner of that vehicle is guilty of an offence. 2. Subsection 15(1) does not apply if the owner of the vehicle satisfies the Court that the owner did not park the vehicle or was not driving the vehicle at the time of the offence, and that the person who parked the vehicle or was driving the vehicle at the time of the offence did so without the owner's express or implied consent. 3. If a summons or offence notice under Part 2 or Part 3 of the Provincial Offences Procedure Act, R.S.A. 2000 c. P-34 is issued in respect of an alleged contravention of a provision of the Bylaw, the summons or offence notice may provide for a specified penalty. The specified penalties or amount shall be set out in Schedule "A" in the case of offences listed in that Schedule. 4. Notwithstanding section 3, 4 and 5 or the parking provisions of section 10 any person who has been issued a violation tag, a section 2 summons or a section 3 offence notice who allows the vehicle to remain parked in the way that raised the issue of an offence shall be deemed to have committed another offence for everyday the vehicle remains parked in contravention of this or any other bylaw. CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 12 of 16 15. REMOVAL AND IMPOUNDMENT OF VEHICLES 1. If a Municipal Enforcement Officer forms the opinion on reasonable and probable grounds that a vehicle is parked in contravention of any provision of the Bylaw, the Municipal Enforcement Officer may cause the vehicle to be removed to a place of impoundment designated for that purpose by the CAO and the vehicle shall there remain impounded until it is claimed by the owner or his agent. 2. When a vehicle is removed and impounded pursuant to the Bylaw, the registered owner or other person alleged to have committed the parking offence shall be served with a summons or offence notice under the Provincial Offences Procedure Act in respect of the alleged offence, as soon as practicable after the removal and impoundment of the vehicle. 3. A vehicle impounded pursuant to this Bylaw shall remain impounded, notwithstanding that it may have been claimed by the owner or his agent, until all towing and storage charges in respect of removal and impoundment of the vehicle have been paid in full. 16. GENERAL 1. A Municipal Enforcement Officer or a person authorized by the Town may enforce the provisions of this Bylaw without the Municipal Enforcement Officer or person authorized by the Town, the owner of the property on which an alleged offence has occurred, or the Town incurring liability for doing so. 2. Each separate provision of this Bylaw shall be deemed to be independent of all other provisions and if any provision of the Bylaw is deemed or declared to be invalid all other provisions shall remain valid and enforceable. 3. Should a provision of this Bylaw conflict with a provision of any other Bylaw of the Town, the provisions of this Bylaw shall prevail. 4. Bylaw 2018:02 is hereby repealed in its entirety. Read a first time this 28th day of March, 2022. Read a second time this 9th day of May, 2022. Read a third and final time this 24th day of May, 2022. PASSED and SIGNED this ______ day of ___________, 2022. ______________________________ MAYOR ______________________________ CAO CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 13 of 16 Schedule "A" - Voluntary Penalty Section OFFENCE SECTION PENALTY Park against flow of traffic 3(1) $78.00 Parking in an alley other than as and when specifically permitted 3(2) $78.00 Parking in a loading zone other than as and when specifically permitted 3(3) $78.00 Parking a trailer on a highway 3(4) $78.00 Parking a motor vehicle for sale or being repaired or serviced on a highway 3(5) $78.00 Parking a vehicle on a highway for a continuous period exceeding 72 hours 3(6) $78.00 Park vehicle on highway unregistered or inoperable 3(7) $155.00 Parking a motor vehicle, with or without a trailer attached, greater than 12.5 meters in length on a highway 3(8) $78.00 Parking a vehicle on private property without consent 3(9)(a) $78.00 Parking a vehicle on an unpaved boulevard 3(9)(b) $78.00 Park vehicle which blocks or hinders highway passage 3(9)(c) $78.00 Park on Town property 3(9)(d) $78.00 Parking a vehicle in a park or on other public property without consent of the Director or Manager 3(9)(e) $78.00 Parking a vehicle in a manner that interferes with a public sidewalk or crosswalk 3(9)(f) $78.00 Park within 5m of the approach to a STOP or YIELD sign 3(9)(g) $78.00 Park in front of or within 5m of a fire hydrant 3(9)(h) 3(9)(i) $100.00 Leaving a vehicle on a highway indicated by a no parking sign 3(10) $78.00 Park motor vehicle at angle to curb or sidewalk where prohibited by traffic control device. 3(11) $78.00 Park motor vehicle parallel to curb or sidewalk where prohibited by traffic control device. 3(12) $78.00 Parking in such a manner to obstruct emergency exit or posted fire lane 3(13) $78.00 Unloading a commercial vehicle on a highway or public property 3(14) $78.00 Parking a vehicle in an area prohibited by a traffic control device 3(15) $200.00 Parking improperly in a cul-de-sac 3(16) $78.00 CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 14 of 16 Leaving camping accommodation on a highway 3(17) $78.00 Reside in Camping Accommodation on a Highway 3(18) $78.00 Leave recreation device on a Highway 3(20) $78.00 Illegally parking in a municipal public parking area 4(1) $78.00 Parking a vehicle in excess of 12.5 meters in a municipal parking area 4(2) $78.00 Parking in a municipal parking area in a manner as to block, obstruct, impede or hinder the access or egress of another vehicle 4(3) $78.00 Drive faster than 40 km/h or posted 5(1) $100.00 Driving over an unprotected fire hose 5(2) $1000.00 Towing a vehicle improperly 5(3) $100.00 Driving a vehicle in an alley in excess of speed limit 5(4) $100.00 Operating a vehicle contrary to a traffic control device 5(5) $200.00 Operating a vehicle in an area where maintenance is being performed 5(6) $200.00 Parking on a highway cleared for a parade or funeral processions 6(1) $78.00 Attaching himself or his conveyance to a motor vehicle 7(1) $100.00 Leaving a two-wheeled vehicle illegally parked 7(2) $78.00 Riding a bicycle with a wheel diameter in excess of 50 cm on a sidewalk 7(4) $78.00 Operating heavy truck off of heavy truck route or restricted truck route 9(2) $310.00 Parking heavy truck in an area other than the designated area 9(3) $310.00 Detach heavy truck trailer on a highway 9(4) $310.00 Operate a heavy truck in excess of the speed limit 9(6) $310.00 Operating an engine brake within Town boundaries 9(7) $310.00 Operating a motor vehicle on a highway in excess of the allowed weight (sign of public notice) 9(8) $310.00 Operating a motor vehicle in excess of allowed width 11(1)(a) $310.00 Operating a motor vehicle in excess of allowed height 11(1)(b) $310.00 Operating a motor vehicle in excess of allowed length 11(1)(c) $310.00 Implement of Husbandry where prohibited 11(2) $200.00 Unlawful removal of a tag 12(7) $250.00 Obstruction of a Municipal Enforcement officer 12(10) $200.00 The specified penalties in this Schedule will be accepted by the town in lieu of prosecution for an offence CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 15 of 16 Schedule "B" Heavy Truck Map CORPORATION OF THE TOWN OF BOW ISLAND BYLAW 2022:03 TRAFFIC CONTROL Page 16 of 16 Schedule "C" Permits PERMIT TO OPERATE OVER DIMENTION VEHICLE OR COMBINATION OF VEHICLES Issued pursuant to section 11(3) of the Town of Bow Island Traffic Bylaw 2018:02 __________________________________ with ____________________________ is hereby authorized, by the Town of Bow Island, to operate a vehicle in excess of dimension pursuant to section 11(1) ss. ____ of the Town of Bow Islands Traffic Bylaw, being bylaw 2022:03. ___________________________________ has been advised and ASSUMES all responsibility for any damage to his own motor vehicle, property or cargo as well as any damage to underpasses, bridges, telephone, telegraph or power wires or any overhead structure or town owned sidewalk, drive-way or highway or any vehicle. This permit shall take affect and be in force from ______ through ______, on the _____ day of ________, 20____. Dated this _____ day of ____________, 20_____. SIGNATURE Position