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CHESTERMERE
BYLAW 036-20, TRAFFIC CONTROL
BYLAW
City of Chestermere
Bylaw #036-20, the Traffic Control Bylaw has been amended by the following
Amendment Bylaws:
Bylaw #007-23
Bylaw #010-23
Contents
1.
Title ...................................................................................................................................... 7
2.
Definitions ........................................................................................................................... 7
3.
Application ........................................................................................................................ 12
4.
Speed Limits - General..................................................................................................... 12
5.
Speed Limits - School and Playground Zones ............................................................... 12
6.
Traffic Control Device ....................................................................................................... 12
7.
Parking and Storage ......................................................................................................... 13
8.
Obstruction of Highway .................................................................................................... 13
9.
Temporary Repairs and Street Maintenance ................................................................ 15
10.
Tracked Vehicles ............................................................................................................. 15
11.
Rights and Duties of Pedestrians .................................................................................. 16
12.
Horse Drawn Vehicles, Horses, Cyclists ...................................................................... 16
13.
Parking in Lanes ............................................................................................................... 18
14.
Parking/Stopping .............................................................................................................. 18
15.
Idling .................................................................................................................................. 21
16.
Trailers .............................................................................................................................. 22
17.
Recreational Vehicles ..................................................................................................... 22
18.
Off-Highway Vehicles ....................................................................................................... 23
19.
Special Classes of Vehicles ........................................................................................... 25
20.
Disabled Parking ............................................................................................................... 26
21.
Parking Permits ................................................................................................................. 26
22.
Removal or Impoundment of Vehicles ......................................................................... 27
23.
Parades and Processions ............................................................................................... 27
24.
Weight restriction ............................................................................................................ 30
25.
Designated Heavy Trucks ............................................................................................... 31
26.
Dangerous Goods Route ................................................................................................ 31
27.
Owner, Employer and Corporate Liability .................................................................... 32
28.
Offence and Penalties ..................................................................................................... 33
29.
Violation of Tags and Violation Tickets ........................................................................ 34
30.
General .............................................................................................................................. 35
31.
Severability ....................................................................................................................... 36
32.
Strict Liability Offence .................................................................................................... 36
SCHEDULE "A" ............................................................................................................................ 38
SCHEDULE "B" ............................................................................................................................ 45
SCHEDULE "C" ........................................................................................................................... 46
Bylaw 036-20
Traffic Control Bylaw
5
City of Chestermere
Province of Alberta
BYLAW #036-20
A Bylaw to regulate the use of highways under the direction, control, and management
of the City of Chestermere, and to regulate the parking of vehicles on such highways as
well as on privately owned property within the corporate limits of the City of
Chestermere.
WHEREAS pursuant of Section 7 of the Municipal Government Act, R.S.A 2000, c.
M-26, the council of a municipality may pass bylaws for municipal purposes respecting,
among other things, (a) the safety, health, and welfare of people and the protection of
people and property; (b) people, activities, and things in, on, or near a public place or
place that is open to the public; (c) transport and transportation systems; and (d) the
enforcement of such bylaws, including the creation of offenses, the imposition of fines
and imprisonment, the ability to conduct inspections and remedying contraventions of
bylaws;
AND WHEREAS pursuant to Section 13 of the Traffic Safety Act, R.S.A. 2000 C T-6,
the council of a municipality may, with respect to a highway under its direction, control
and management, make bylaws that are not inconsistent with the TSA, respecting the
following matters.
(a) Governing the use of highways;
(b) Governing the parking of vehicles;
(c) Governing the establishment and use of parking places that are for the
exclusive use of persons with disabilities who display on their vehicles a
disabled placard or license plate that is issued or recognized by the Registrar;
(d) Governing access to highways from private land;
(e) Governing fee changes with respect to the parking of vehicles;
(f) Classify motor vehicles and other vehicles and pedestrians for any purposes
involving the use of streets, lanes, and other public places;
(g) With the respect to noise produced in connection with a vehicle,
(i) Defining what constitutes an objectionable noise, and
(ii) Prohibiting the use or operation of a vehicle where the noise produced
in connection with that vehicle is objectionable noise;
(h) Governing the turning of vehicles at intersections;
(i) Governing the encumbering of highways;
U) Governing, subject to Sections 77 to 79, the impounding and removal of
vehicles
(i) In respect to which parking fee are payable,
(ii) That are parked in an area where parking is prohibited, or
(iii) That are parked in contravention of this Act or a Bylaw;
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6
(k) Governing the impounding of off highway vehicles and similar devices;
(I) Governing parades and processions;
(m) Governing closing or restricting the use of a highway;
(n) Authorizing the municipality to issue a license or permit that is terminable on
30 days' notice in writing for the temporary occupation or use of a road
allowance or highway or a portion of a road allowance or highway when it is
not required for public use;
(o) Restricting the use of specific traffic lanes to vehicles carrying a prescribed
number of passengers;
(p) Restricting the use of specific traffic lanes to specific vehicles or classes of
vehicles;
(q) Governing the issue of tags, tickets, or other documents;
(r) Governing the placing of tags, tickets, or other documents on vehicles;
(s) Governing the marking of tires on vehicles for the purpose of enforcing
parking bylaws;
(t) Governing the employing of or engaging the services of persons to enforce
bylaws made with respect to the parking of vehicles;
(u) Designating routes for vehicles or classes of vehicles;
(v) Restricting the weight of vehicles or of vehicles and the goods being carried
by the vehicles; and
(w) Prescribing or otherwise providing for penalties with respect to the
contravention of a bylaw made under this Division;
AND WHEREAS pursuant to Section 14 of the Traffic Safety Act, R.S.A. 200, c. T-6, the
council of a municipality may pass bylaws with respect to:
(a) Privately owned property that is located within the municipality to which the
vehicles driven by a member of the public generally has access to:
(i) Governing park on the property without the permission or authorization of
the owner of the property or a person having possession or control of the
property;
(ii) Governing the parking of vehicles in manufactured home communities;
(iii)Governing the establishment and use of parking places that are for the
exclusive use of persons with disabilities who display on their vehicle a
disabled placard or license plate what is issued or recognized by the
registrar;
(iv)Prescribing speed limits in respect of lanes or other thoroughfares used by
vehicles;
(b) With respect to private property that is located within the municipality to which
vehicles driven by members of the public generally do not have access but on
which the owner of the property or person having possession or control of the
property may park or otherwise keep vehicles, prohibiting.
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(i) The parking of vehicles on that property without the permission or
authorization of that person;
(ii) The parking of vehicles so that the access to the property is denied or
otherwise restricted;
(c) With respect to a vehicle parked or driven in contravention of a bylaw made
under this section
(i) Governing the issue of tags or tickets or other documents;
(ii) Governing the placing of tags, tickets or other documents;
(iii)Governing, subject to Section 77 to 79 of the Traffic Safety Act, the
removal and impounding of vehicles;
(iv)Providing the laying of information and complaint;
NOW THEREFORE the City of Chestermere, duly assembled, hereby enacts as
follows:
1. Title
(1) This Bylaw may be cited as the "Traffic Control Bylaw."
2. Definitions
In this Bylaw:
All words shall have the same meaning as the Traffic Safety Act, except as otherwise
defined.
(a) "Act' means the Dangerous Good Transportation and Handling Act, R.S.A.,
2000, c. d-4;
(b) "Alley" means a narrow highway intended chiefly to give access to the rear of
building and parcels of land.
(c) "Boulevard' means that part of a highway in an urban area, that
(i) Is not a railroad
(ii) Is that part of the sidewalk that is not especially adapted to the use of or
ordinarily use by pedestrians;
(d) "CAO" means the Chief Administrative Officer of Chestermere, Alberta appoint by
Council, or their designate;
(e) "City' means the municipality corporation of the City of Chestermere, in the
Province of Alberta, or the area within the City of Chestermere's corporate limits,
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8
as the context requires;
(f) "Class" means the classes of Dangerous Goods as listed in Schedule "B";
(g) "Commercial' means a vehicle operated on a highway by or on behalf of a
person for the purpose of providing transportation but does not include a private
passenger vehicle;
(h) "Council' means the Municipal Council of the City of Chestermere;
(i) "Dangerous Goods" means a product, substance, or organism included by its
nature or by the regulations on any of the Classes listed in Schedule "B";
U) "Director of Community Operations" means the Director of Community
Operations for the City of Chestermere, or their designate;
(k) "Handling" means the loading, unloading, packing, or unpacking of Dangerous
Goods in or on a means of containment for the purposes of, in the course of or
following transportation in or by a means of transport, and includes their storage
in the course of transportation;
(I) "Heavy Truck' shall include, but is not limited to, any vehicle or combination of
vehicles or trailers designed primarily for the transportation of property or
equipment including a bed truck, truck, picker truck, truck tractor, winch truck or
trailer that, with or without its load, exceeds any of the following:
(i) 2 axels;
(ii) 8 meters in length;
(iii) 2 meters in width;
(iv) A gross vehicle weight in excess of 4500 kilograms;
(m) "highway" means as per the Alberta Traffic Safety Act any thoroughfare, street,
road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge,
causeway, trestleway 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;
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(n) "Inspector' means a person or a member of a class of persons designated as an
inspector under Section 6(1) of the Act;
(o) "In Transport' means that a person has possession of Dangerous Goods for the
purpose of transportation or for the purpose of storing them in the course of
transportation;
(p) "Lane" means that portion of a Highway used to provide secondary access to
land, in addition to the primary access provided by the street in front of the lands;
(q) "Means of containment' means a container or packaging, or any part of a Means
of Transport, that is or can be used to contain Dangerous Goods;
(r) "Means of Transport' means
(i) An item of rolling stock within the meaning of Railway (Alberta) Act, R.S.A.
2000, c. R-4; or
(ii) A device in, on, or by which a person or thing may be transported or
drawn on a highway and includes a combination of vehicles, but does not
include a mobility aid;
(s) "Off-Highway Vehicles (or OVH)" means any motorized mode of transportation
built for cross-country travel on land, water, snow, ice, marsh, or swamp land or
other natural terrain, and without limiting the generality of the foregoing, includes
when specifically designed for such travel:
(i) Four (4) wheel drive vehicles;
(ii) Low pressure tire vehicles;
(iii) Motorcycles and related 2-wheel vehicles;
(iv) Amphibious machines;
(v) All-terrain vehicles;
(vi) Snow vehicles; or
(vii) Any other means of transportation that is propelled by any power other
that muscle power or wind
(t) "Parade" and "Procession" means a group of pedestrians ad/or vehicles on a
highway that is likely to block, obstruct, impede, hinder, or otherwise interfere
with pedestrian or vehicular traffic on the highway, excluding a funeral
procession;
(u) "Park," "Parked," and "Parking" means to allow a vehicle (whether occupied or
not) to remain standing in one place except:
(i) When standing temporarily for the purpose of and while actually engaged
in loading or unloading passengers; or
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10
(ii) When standing in obedience to a Peace Officer or Traffic Control Device;
(v) "Pathway" means any multiple-use path whether of asphalt, concrete or an
aggregated surface, and set aside for use by pedestrians, cyclists, and persons,
using wheeled non-motor conveyance;
(w) "Peace Officer'' means a police officer or member of a police service under the
Police Act, R.S.A. 2000, c. P-17, or a Peace Officer appointed pursuant to the
Peace Officer Act, S.A. 2006, c. P-3.5; or a person appointed as a bylaw
enforcement officer pursuant to the Municipal Government Act, R.S.A. 2000, c.
M-26;
(x) "Permitted Off-Highway Vehicles" means any Off-Highway Vehicle (except a
tracked vehicle) that is designed to operate off-road, as well as on a Highway,
and must be equipped with an operational headlight, tailgate, brake light and
muffler.
(y) "Person" means an individual, firm, partnership, association, corporation,
company or society, and includes the executors, administrators or legal
representatives of a person;
(z) "Provincial Offences Procedure Act' means the Provincial Offence Procedure
Act, R.S.A. 2000, C. P-43 and the regulations thereof, as amended or replace
from time to time;
(aa) "Railroad Vehicle" means a vehicle, including a trailer, that is designed to
be drawn or propelled on rails by any power other than muscle power and that is
prepared for use or being used on rails;
(bb) "Recreational Vehicles" means a vehicle, including a trailer, that is designed,
constructed, equipped or used either temporarily or permanently, for travel with
living accommodation or sleeping place for vacation, camping, or recreational
use, and that is capable of being driven, towed or transported;
(cc) "Residential Owner'' means the person recognized as the owner of the vehicle,
and includes the Person or Persons named as the owner on vehicle certificate
of registration and, where the vehicle certificate of registration has lapsed or
expired, the Person or Persons most recently names as the owner in the vehicle
certificate of registration;
(dd) "Residential Area" means all land designated as a residential district in the City
of Chestermere Land Use Bylaw and any amendments thereto, and includes all
highways within or abutting a Residential Area, whether or not the highway
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11
abuts any other district;
(ee) "Roadway" means that part of a highway for use of vehicular traffic;
(ff) "Safety Mark" means a Dangerous Good Mark or a compliance mark, or both,
as the case may be, under the Act;
(gg) "Safety Standards" has the same meaning as under the Act;
(hh)"Standardized Means of Containment' means a Means of Containment for which
there is a Safety Standard;
(ii) "Stop" or "Stopping" means
(i) When required, a complete cessation of a vehicular movement; and
(ii) When prohibited, any halting, even momentarily, or a vehicle whether
occupied or not except when necessary to avoid conflict with other traffic
or in compliance with the directions of a Peace Officer or a Traffic Control
Device
(jj) "Taxi' means a vehicle for hire for which a valid taxi license or accessible taxi
license has been issued by a municipal body;
(kk)"TOG Act and Regulation" means the Transportation of Dangerous Good Act,
S.C. 1992, c. 34 and the Transportation of Dangerous Goods Regulations
SOR/2001-286 thereunder;
(II) "Traffic Control Device" means any sign, signal, marking, or device placed,
arched or erected under the authority of the Traffic Safety Act, R.S.A. 2000, c. T-
6 for the purpose of regulating, warning, or guiding traffic;
(mm)"Trailer" means a vehicle so designed that it may be attached to, or, drawn by a
motor vehicle and intended to transfer property or Persons and includes any
Trailer that is designed, constructed and quipped as a dwelling place, living
abode or sleeping place, either permanently or temporarily, but does not include
machinery or equipment used in the construction or maintenance of highways;
(nn)"Violation Tag" means a tag or similar document issued by the City
pursuant to the provincial Offences Procedure Act.
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3. Application
(1) Nothing in this Bylaw relieves a Person from complying with any provision
of any federal or provincial law or regulation, other Bylaw or any
requirement of any lawful permit, order, or license.
(2) Any heading, sub-heading, or tables of contents in this Bylaw are included
by guideline purposes and convenience only and shall not for a part of
this Bylaw.
(3) Where this Bylaw refers to another Act, Bylaw, Regulation or Agency, it
includes reference to any Act, Bylaw, Regulation, or Agency that may be
substituted, therefore.
(4) All the schedules attached to this Bylaw shall form a part of this Bylaw.
(5) This Bylaw is gender-neutral and, accordingly, and references to one
gender includes the other.
4. Speed Limits - General
(1) No driver of a vehicle shall drive a vehicle within the City of Chestermere
at a speed in excess of forty (40) kilometers per hour unless otherwise
posted.
5. Speed Limits - School and Playground Zones
(1) Pursuant to Section 107(5) of the Traffic Safety Act, no Person shall drive
a vehicle at a speed in excess of thirty (30) kilometers per hour in a
playground zone, between the hours of 7:30 a.m. and 9:00 p.m. every day
of the week.
6. Traffic Control Device
(1) The Director of Community Operations is authorized to prescribe where
the Traffic control Devices are to be located, including Traffic Control
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13
Devices restricting the speed of the vehicles.
(2) No driver of a vehicle shall disobey any Traffic Control Device.
7. Parking and Storage
(1) No Driver or Registered Owner of a vehicle shall park, abandon, or store a
vehicle or permit a vehicle to be Parked or stored upon a highway for
more than seventy-two (72) hours consecutively at one location.
8. Obstruction of Highway
(1) No Driver of a vehicle shall park or stop a vehicle or permit a vehicle to be
parked or stopped upon any highway in such a manner to block or,
obstruct, impede, or hinder:
(a)
Pedestrian or vehicle traffic on the highway.
(b)
Vehicle entry or exit to a building, including a driveway.
(c)
Access to a public utility.
(d)
The approach to any fire station, police station, hospital,
medical facility, or other location where emergency vehicles
require regular access, unless the driver possess a valid
Parade or Procession permit issued pursuant to this Bylaw.
(2) Notwithstanding Section 8(1), where the obstruction caused by a vehicle is
unavoidable due to mechanical failure, that Person will bit be in breach of
Section 8(1) provided the Person:
(a) Promptly takes measures to remove such vehicle from the
highways; and
(b) Does not leave the vehicle unattended if the vehicle placed on a
jack or jacks.
(3) Subject to Section 8(2), no Person shall make or place an obstruction of
any kind or permit any obstruction, to be made or placed in, upon or above
any highway unless authority or permission has been granted in writing by
the Director of Community Operations, or if the obstruction is equipment
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14
that is being used by Municipal Emergency Services, for the purpose of
protecting life and property.
(4) No Registered Owner or driver of a vehicle shall cause, permit, or allow a
vehicle, machinery, or equipment to track, release, deposit, or spill an
excessive amount of material including mud, dirt, soil, salt, sand, rocks,
gravel, other loose substances, or debris of any nature on to the highway
or sidewalk so as to cause a nuisance or uncertain condition.
(5) Every Person who fails to obtain or to comply with Section 8(3) or 8(4)
shall be guilty of an offence and shall, in addition to any other penalty,
cause the removal of the obstruction of the material within no later than
twenty-four (24) hours of being notified to do so by the City. After the
expiration of the twenty-four (24) hour period, the City may cause the
removal or clean-up of the obstruction or material and such removal shall
be at the expense of the Person causing, placing, or permitting the
obstruction or tracking, release, deposit, or spill on the highway or
sidewalk.
(6) Notwithstanding Section 8(5), where an obstruction, tracking, release,
deposit, or spill of any kind exists in, upon, or above any highway or
sidewalk, and in the opinion of the Director of Community Operations, Fire
Captain, or Peace Officer creates an unsafe condition, the City may
immediately take such measures as are required for the protection of life
or property and the cost of such measures shall be at the expense of the
Person causing, placing, or permitting the obstruction or tracking, release,
deposit or spill on the highway or sidewalk.
(7) The City assumes no responsibility for damage to either the property that
is causing obstruction, or the property that is abutting the highway or
sidewalk when work is being done pursuant to Section 8(5) or 8(6).
(8) No owner of property shall allow any landscaping, foliage or structure to
impede or restrict visibility that affects the safety of users of a highway or
Pathway.
(9) No Person shall drive a vehicle over an unprotected hose or any other
equipment that is being used by a fire department.
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9. Temporary Repairs and Street Maintenance
(1) The Director of Community Operations may cause temporary Traffic
Control Devices to be placed on or near a highway to indicate temporary
traffic directions for the purpose of repairs, maintenance, ice/snow
removal, or emergency. Such temporary Traffic Control Devices may
include signs stating "Closed," "No Parking," "Emergency Repairs, No
Parking," or "Snow Removal, No Parking." Such Temporary Traffic Control
Devices shall take precedence over all other Traffic Control Devices. A
Person shall obey the instructions of the temporary Traffic Control Devices
while they are in place.
(2) No driver of a vehicle shall Park a vehicle or permit a vehicle to be Parked
on a highway from the time a sign or signs referred to in Section 9(1) have
been placed, and until such sign or signs have been removed.
(3) Where the vehicle was Parked prior to the placement of the signs referred
to in Section 9(1), no driver of a vehicle shall leave the vehicle Parked or
permit that vehicle to remain Parked on the highway after the expiration of
twenty-four (24) hours from the time the sign or signs were placed, and
until such sign or signs have been removed.
10. Tracked Vehicles
(1) Unless permission to do so has been granted by the director of
Community Operations, no Person shall operate or permit to be operated
on a highway:
(a) A vehicle having metal spikes, logs or cleats or bands projecting
from the surface or the wheel or tire of such a vehicle; or
(b) A vehicle having skids or not using triple ground or flat surface
tracks.
(c) Snowmobiles and "Permitted Off-Highway Vehicles," equipped
with a removable rubber track systems are exempt for the
purposes of this bylaw.
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11. Rights and Duties of Pedestrians
(1) No pedestrian shall cross, or attempt to cross, from one side of any
highway to another side, at any point other than an intersection or
crosswalk.
(2) For the purpose of Section 11(1), highway shall not include a Lane.
(3) No person shall cross the Highway at an intersection if a sign or red light
prohibits such crossing.
(4) No pedestrian shall stand in a group of three (3) or more pedestrians so
near to each other or on any highway so as to obstruct the entrance to any
building or to obstruct or prevent other persons from using such highway
and forthwith after the request has been made by a Peace Officer to do
so, shall disburse and move away.
(5) No pedestrian shall so conduct himself or otherwise position himself on a
highway in such a manner as to obstruct or hinder vehicular or pedestrian
traffic or as to inconvenience or distract and other Person upon the
Highway.
(6) Nothing in Section 11(4) and 11(5) shall be constructed as prohibiting the
assembly of Persons for the purpose of participating in or watching a
Parade or Procession duly authorized by the CAO.
(7) No Person shall hitchhike or otherwise stand on a highway for the purpose
of soliciting a ride from the operator of any vehicle.
12. Horse Drawn Vehicles, Horses, Cyclists
(1) The driver or other Person in charge of any horse drawn vehicle on a
highway shall remain up on such vehicle while it is in motion or shall walk
beside the horse drawing such vehicles.
(2) No Person shall ride a horse or other animal on a highway except:
(a) In a Parade or Procession duly authorized by the CAO; or
(b) While being used by a Peace Officer.
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(3) No Person shall ride a bicycle, e-bicycle, scooter, e-scooter, roller skate,
in-line skate, skateboard, longboard, or other similar vehicle upon a
sidewalk at any rate of speed that is reckless or unreasonable having
regard to the nature, condition, and use of the sidewalk and the amount
and kind of pedestrian (and animal) traffic that is or might reasonably be
expected to be on a sidewalk.
(4) Notwithstanding Section 12(3), no Person shall ride a bicycle, e-bicycle,
scooter, e-scooter, roller skate, in-line skate, skateboard, longboard, or
other similar vehicle upon a sidewalk, regional or local pathway at a rate of
speed above fifteen (15) kilometers per hour unless otherwise posted.
(5) Every Person riding a bicycle, e-bicycle, scooter, e-scooter, roller skate,
in-line skate, skateboard, longboard, or other similar vehicle upon a
sidewalk shall:
(a) Yield the right of way to the pedestrians and their animal(s),
provided the animal(s) are secured on a leash and capable of
being controlled.
(b) When passing a pedestrian or other person on the sidewalk, use
care and control required to ensure the safety of a pedestrian or
other person.
(c) Stay at a reasonable distance from other Persons and properly
restrained animal(s) using a sidewalk or Pathway; and
(d) Give an audible signal prior to overtaking a pedestrian or other
Person on the sidewalk, which signal shall be produced a
reasonable time prior to overtaking, by voice, bell, or other
warning device which is audible to the pedestrian.
(6) No Person shall ride a bicycle, e-bicycle, scooter, e-scooter, roller skate,
in-line skate, skateboard, longboard, or other similar vehicle on any
property if prohibited from doing so by a Traffic Control Device.
(7) No Person shall ride a bicycle, e-bicycle, scooter, e-scooter, roller skate,
in-line skate skateboard, longboard, or other similar vehicle on private
property without the expressed prior written consent of the property owner.
(8) Notwithstanding and penalties specified, any person who operates a
bicycle, e-bicycle, scooter, e-scooter, roller skate, in-line skate,
skateboard, longboard, or other similar vehicle in contravention of any of
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18
the provisions of this Bylaw or any other Bylaw of the City, or any
applicable provincial legislations, may have said bicycle, e-bicycle,
scooter, e-scooter, roller skate, in-line skate, skateboard, longboard, or
other similar vehicle impounded by and at the discretion of any Peace
Officer for a period not exceeding sixty (60) days.
(9) Every Person under the age of eighteen (18), who while riding a bicycle,
e-bicycle, scooter, e-scooter, roller skate, in-line skate, skateboard,
longboard, or other similar vehicle, shall ensure that the person under the
age of eighteen (18) years wear a CSA approved helmet.
(10) An adult person who accompanies a person under the age of eighteen
(18) years, who is riding a bicycle, e-bicycle, scooter, e-scooter, roller
skate, in-line skate, skateboard, longboard, or other similar vehicles, shall
ensure that the person under the age of eighteen (18) years wear a CSA
approved Helmet.
13. Parking in Lanes
(1) No driver of a vehicle shall Park a vehicle or permit a vehicle to be Parked
in a Lane unless:
(a) A Traffic Control Device otherwise permits such parking
(b) The vehicle is in the process of loading or unloading of goods or
passengers, provided that the vehicles hazard warning lights are
alight.
(2) Notwithstanding Section 13(1), no driver of a vehicle while loading or
unloading passengers or goods shall Park a vehicle or permit a vehicle to
be Parked in such a manner that may obstruct the passage of other
vehicles in the Lane.
14. Parking/Stopping
(1) No driver of a vehicle shall Stop or Park a vehicle in any location identified
by a Traffic Control Device or otherwise as a zone where Stopping or
Parking is prohibited.
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(2) No driver of a vehicle shall Stop or Park a vehicle in any bus stop properly
marked by a Traffic Control Device or sign.
(3) No driver of a vehicle shall Stop or Park a vehicle in the entrance to any
fire hall, police station, hospital, medical facility, or location where
emergency vehicles require regular access.
(4) No driver of a vehicle shall Park a vehicle in any alley, except in the
following circumstances:
(a) The loading or unloading of goods from a commercial vehicle for
a period not exceeding forty-five (45) minutes; or
(b) The loading or unloading of goods or passengers of a vehicle
other than a commercial vehicle for a period not exceeding five
(5) minutes provided that the vehicle is not Parker in a manner
which obstructs or prevents other vehicles from passing through
the alley, in which case the owner of the vehicle so Parked shall
be guilty of an offence.
(5) No driver of a vehicle shall Park a Heavy Truck in a Residential Area at
any time.
(6) No driver of a motor vehicle shall Park a Truck on any highway within the
City unless such parking is authorized by a Traffic Control Device.
(7) A vehicle shall not be parked on a highway in any location identified as
being for the use of a particular Class of vehicle unless the vehicle is
within that particular Class. For the purpose of this Section, particular
Classes of vehicles may include, but not limited to:
(a) Small Cars;
(b) Police or emergency vehicles
(c) Tour line buses;
(d) Funeral cars;
(e) School buses;
(f) Taxis;
(g) Motorcycles;
(h) Vending units;
(i) Electric vehicles;
(j) Federal, provincial, or municipal government vehicles, including the
Department of National Defence vehicles.
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(8) No driver of a vehicle shall Stop or Park a vehicle which is not a Taxi in
either a marked Taxi stand allocated by a Taxi company or in any area
designated as Taxi Parking only by a Traffic Control Device.
(9) No Driver of a vehicle shall Park a vehicle that is leaking any fluid or
substance, including engine or transmission fluids, on the highway.
(10) Unless permitted by a Traffic Control Device, a driver of a vehicle shall
not Park a vehicle in the following areas:
(a) On a sidewalk or walking path;
(b) On a boulevard;
(c) On a crosswalk or any part of a crosswalk;
(d) Within an intersection;
(e) Within five (5) meters of the approach to any stop sign, yield
sign, or crosswalk;
(f) Within five (5) meters of any fire hydrant, or when a fire hydrant
is not located at the curb, within five (5) meters of the point of
the curb nearest to the fire hydrant;
(g) Within 1.5 meters of an access point to a garage, private road,
alley way, or driveway, or a vehicle crossway over a sidewalk;
(h) Within five (5) meters of any speed control sign;
(i) When parallel parking on a highway:
(i) With the right hand of the wheel of the vehicle more that fifty
(50) centimeters from the right-hand curb or edge of the
Roadway; or
(ii) With the vehicle facing against the direction of travel
authorized for that side of the Highway.
(11) No Person shall leave a vehicle unattended on a Highway if the vehicle
has been placed on a jack or a similar device and:
(a) One or more wheels have been removed from the vehicle; or
(b) Part of the vehicle is raised.
(12)
No person shall park or permit an inoperable or unroadworthy motor
vehicle to be parked on a highway.
(13) No driver of a vehicle shall Stop or Park a vehicle in an area designated
by signs as a fire lane.
(14) Section 14(10)(a) does not apply to the boulevard directly adjacent to
odd numbering address on East Chestermere Drive, and even
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numbered addresses on West Chestermere Drive when parking on this
boulevard has been permitted by sign.
(15) No person, except in the case of a breakdown or other emergency not
allowing the vehicle to be moved, shall stand or park a vehicle on a
Highway for the purpose of servicing or repairing the vehicle.
(16) No vehicle shall be angle parked on a highway, unless approved by a
sign.
(17) No vehicle shall park within five (5) meters of the apex of any corner.
(18) No vehicle shall be parked on a highway without holding a valid
certificate of registration.
(19) No vehicle shall be parked on a highway, without displaying a valid
licence plate for that vehicle, or a temporary certificate of registration.
(20) No person shall permit or allow a hose, cord, or wire to be placed
across a sidewalk, pathway or highway, without prior permission of the
Director of Community of Operations.
15. Idling
(1) A Person shall not cause, permit, or allow a vehicle to idle for more that
five (5) minutes total in any continuous thirty (30) minute period on any
highway or at any location closer than ten (10) meters to a place
designated as an educational institution, recreation center, or medical
facility.
(2) Section 15(1) does not apply to:
(a) A vehicle when the outdoor temperature is less than zero
degrees Celsius (<0°C) and only to allow safe vehicle operation
and maintain clear windows;
(b) Vehicles in which the engine is used to operate auxiliary
equipment or machinery that is essential to the basic function of
the vehicle and/or vehicle containing equipment or machinery
that must be operated inside or in association with the vehicle; or
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(c) Any emergency vehicle.
16. Trailers
(1) No driver shall Park any Trailer, or permit any Trailer to be parked upon
any highway unless the Trailer is attached to a vehicle by its primary
mechanism of attachment, by which it may be propelled or drawn; when
the Trailer is attached it shall be deemed to be part of the vehicle to which
it is attached and shall be subject to the regulations pertaining to vehicles
unless otherwise authorized by the Director of Community Operations.
(2) No Person shall occupy or permit any other Person to occupy a Trailer
Parked on a highway or upon property owned or controlled by the City
unless the property has been designated by the City for use as a Trailer
Park or court, or the Director of Community Operations has given written
approval for such occupation.
(3) No driver shall Park or permit ant Trailer to be parked in a manner which
obstructs any sidewalk, highway, or Pathway unless authorized by the
Director of Community Operations.
17. Recreational Vehicles
(1) An owner or driver of a recreational vehicle shall not Park the recreational
vehicle on a highway unless it is parked in a location immediately adjoining
the recreational vehicle owner's or operator's place of residence, as shown in
the records of Alberta Registries, Motor Vehicles.
(2) Notwithstanding the foregoing, recreational vehicles shall not be parked in a
highway between November 1 and April 30 of the following year.
(3) A recreational vehicle Parked pursuant to Section 17(1):
(a) Shall not be Parked for more than seventy-two (72) hours; and
(b) Shall be removed to an off-highway location for at least forty-eight
(48) hours before it may be Parked again on the highway.
(4) Notwithstanding anything else in this Section, an owner or operator of a
recreational vehicle must not Park the recreational vehicle on any highway in
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such a manner to constitute a hazard to pedestrians or other vehicles.
18. Off-Highway Vehicles
Permitted year-round. Seasonally, the City of Chestermere will operate three (3) public
lake access points so that Off-Highway Vehicle operator may access the ice surface.
The City will open these Lake Access points, once the Parks Department has
determined that the ice surface is safe enough for public use of Off-Highway Vehicles.
(See Schedule "C" FOR Lake Access points)
(1) Off-Highway vehicles may only be operated within the City when:
(a) Loading and unloading from or on to a trailer and into a building;
(b) No person operating an OHV shall contravene the provisions of Section
18(1) of this Bylaw.
(2) No person shall operate or permit an Off-Highway Vehicle to be operated on a
highway if the vehicle does not meet the requirements of Section 2(w) of this Bylaw.
(3) Off-Highway Vehicles operated and/or owned by the City, Province, or Federal
Government are exempt from this bylaw.
(4) No person, who is the operator or owner, shall operate or permit any Person to
operate any Off-Highway Vehicle within the City on any portion of:
(a) A recreation area;
(b) A school ground or playground;
(c) A pathway or sidewalk;
(d) An open space or parkland, with exception of the lake surface:
(e)Developed or landscaped areas; or
(f) Private property with permission of the owner of such property
(5) Permitted Off-Highway Vehicles may only be operated on a highway in Chestermere
where the posted speed limit is 60 kilometers per hour or less, and only when the
following conditions are satisfied:
(a) The Off-Highway Vehicle meets the equipment requirements set forth in
the definitions of a "Permitted Off-Highway Vehicle" in Section 2(w) of this
Bylaw.
(b) The operator of the Permitted Off-Highway Vehicle is at least 16 years of
age and holds a valid Class 1 to Class 7 Alberta Driver's License, or its
equivalent.
(i) Any operator that holds a Class 7 Drivers License must be
immediately Supervised by a person older than 18 years of age
who holds an equivalent and the vehicle engine capacity must not
exceed 50cc's
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(c) The operator and passengers of the Off-Highway Vehicle are wearing
approved safety helmets, unless exempt by Provincial Statue or
Regulation.
(d) The Off-Highway Vehicle does not carry more passengers than it was
originally designed to transport.
(e) Any Off-Highway Vehicle being operated on a highway or on the lake
surface in Chestermere must:
(i) Hold valid registration
(ii) Hold valid insurance
(iii)Must have a valid license plate clearly visible
(6) The Rules of the Roads are Permitted Off-Highway Vehicles are as follows;
(a) No permitted Off-Highway Vehicles being operated on a roadway shall
travel less than 30 kilometers per hour, so not to impede the flow of traffic.
(b) When one or more Off-Highway Vehicles are traveling in a group, the
operators shall ensure that they ride in a single line.
(b) The operators of Permitted Off-Highway Vehicles must obey all traffic
control devices and all applicable municipal and provincial statutes and
laws.
(c) Whenever possible, the operator of Permitted Off-Highway Vehicle shall
utilize alley ways and service roads, instead of travelling on the street.
(d) When crossing a highway, the operator of the Permitted Off-Highway
Vehicles must do so at a designated intersection, and in accordance with
provisions of Traffic Safety Act.
(e) The operator of Permitted Off-Highway Vehicle shall yield the right of way
to other vehicles or pedestrians using the highway, as required.
(f) No person shall operate a Permitted Off-Highway Vehicle within the City
between the hours of 10:00 p.m. and 8:00 a.m. of the following day.
(7) Section 18(1) does not apply to Permitted Off-Highway Vehicles being operated on
the lake surface, or in the parking are with the John Peake Park Boat Launch for the
purpose of loading and unloading to access or exit the lake surface.
(8) A Peace Officer who reasonably believes that a continuing contravention of this
Section of Bylaw will occur, may seize, and detain any Off-Highway Vehicle for a
period of seven (7) days.
(9) When seizure and detainment occur, the owner of the Off-Highway Vehicle shall be
responsible for all towing, storage, and any other associated fee.
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19. Special Classes of Vehicles
(1) No Driver of a vehicle shall Park a vehicle on any highway within the City
where the Vehicle is over eight (8) meters in length other than in areas
designated by Traffic Control Device for such purposes.
(2) No driver of a vehicle shall Park a vehicle on any highway within the City
where the vehicle is over two (2) meters in width, other than in areas
designated by a Traffic Control Device for such purposes.
(3) The provisions of Section 19(1) and 19(2) do not apply to vehicles parked
for the purpose of loading and unloading goods or passengers to and from
premises abutting the highway, for only such time as it is reasonably
necessary and safe to load and unload a vehicle.
(4) The provisions of Sections 19(1) and 19(2) do not apply to Recreational
Vehicles parked in accordance with Section 17 between May 1 and
October 31.
(5) With the exception of Highway 1, no driver of a vehicle shall apply or
engage engine retarder brakes within the City.
(6) No driver or owner of a vehicle shall permit or allow a vehicle to emit noise
or exhaust gases in a manner considered excessive, unreasonable, or
unnecessary.
(7) No driver of a vehicle shall drive on a highway with any refuse, sand,
gravel rock, earth, or other loose material contained in the box of body
of the vehicle, or a trailer, or other exterior compartment, unless the
box, body, trailer, or exterior compartment covered at all times and the
compartment and load is secured by a tarpaulin or other appropriate
covering.
(8) No driver of a vehicle, with or without a trailer, shall allow refuse, sand,
gravel, earth, or other material, or any other goods of material, to escape
or be scattered upon a highway or upon land in the vicinity thereof.
(9) No person shall drive a vehicle, with or without a trailer, on highway with
any irregular or oversized load contained in or on the vehicle or protruding
from the vehicle contained in or on a trailer, if such load or part thereof
could become dislodged from the vehicle or could otherwise endanger
other vehicles or persons.
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(10) In the event that any refuse, sand, gravel, rocks, earth, loose materials,
or other load fall or is released onto a highway from a vehicle, the driver
operating the vehicle shall take all reasonable steps to remove such
material from the highway, if the conditions are safe to do so, and notify
the Director of Community Operations.
20. Disabled Parking
(1) The owner or driver of a vehicle not identified by a visible valid disabled
placard or license plate issued, or recognized, by Alberta Registries shall
not Stop, Park, or permit the Stopping or Parking of the vehicle in a
Parking space designated as disabled parking.
(2) Any designated disabled Parking space, regardless of location, may be
used by any vehicle, on the condition that valid placard, as described in
Section 20(1), is visible.
21. Parking Permits
(1) Where a Traffic Control Device upon a highway restricts Parking thereon to
residents, or the provision of this Bylaw restricts such parking, no driver or
owner of a vehicle shall park, or permit to be parked, the vehicle contrary to
the Traffic Control Device or Bylaw provision unless such vehicle clearly
displays on the front windshield or other approved locations of such vehicle,
a valid and subsisting permit authorized by the Director of Community
Operations.
(2) No driver or owner of a vehicle shall display upon a vehicle a permit
purporting to exempt such vehicles from the provision of Section 21(1)
unless the Director of Community Operations authorizes such permits.
(3) Any person requesting the installation of the specialized parking signage
on public property shall make an application to the Director of Community
Operations, provided that
(a) Any Person requesting the installation of specialized signage is
responsible for all cost incurred by the City in completing such a
request. All payments must be received by the City prior to the
commencement of the work being completed; and
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(b) It is responsibility of the Director of Community Operations to
review the application, including the area, the signage requested,
and effect such signage may have on adjacent parking. The
Director of Community Operations may then approve and direct
all work associated to any requests for specialized signage.
22. Removal or Impoundment of Vehicles
(1) Any Peace Officer is authorized to remove or cause to be removed any
vehicle or trailer:
(a) Parked in a contravention of a provision of this Bylaw; or
(b) Where emergency conditions exist, making removal of the
vehicle or trailer necessary or desirable.
(2) Any vehicle or trailer removed pursuant to Section 22(1) may be removed to
an impound lot where it shall remain impounded until claimed by the owner.
(3) Unless the CAO agrees, no impounded vehicle or trailer shall be released
by the City to its owner until all removal and impound fines, penalties,
charges, and fees have been paid to the City/and/or the towing/impound
company acting on behalf of the City.
(4) For greater certainty, all charges for removal and/or impounding shall be in
addition to any fine or penalty in respect of any violations pursuant to this
Bylaw.
23. Parades and Processions
(1) No person shall organize, conduct, march, join or participate in a parade or
procession unless the CAO has issued a permit for such Parade or
Procession.
(2) Any Person wishing to organize or arrange a Parade or Procession shall
submit an application for a Parade Permit to the CAO at least seventy-two
(72) hours prior to the time of the proposed Parade or Procession. The
application shall include the following:
(a) Name and address of applicant and, if the applicant is an
organization, the names and addresses of executives overseeing
the organization;
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(b) Nature and object of the Parade or Procession;
(c) Day, date, and hour of the Parade or Procession;
(d) Intended route of the Parade and Procession, including starting
and stopping points and any organizing or gating areas;
(e) Approximate number of people who will take part; and
(f) Approximate size, number and nature of flags, banners,
placards, flat vehicles, animals, etc., participating in the Parade
or Procession.
(3) A fee established by the City is payable at the time of the application,
(4) The CAO may:
(a) Unconditionally approve the application;
(b) Approve the application with conditions, such as specifying or
modifying the route, the time the Parade or Procession may take
place, and the type of vehicles, animals, displays, or any other
elements allowed to take part; or
(c) Refuse the application for a parade and procession permit.
(5) Where an application for a Parade or Procession permit has been
approved with conditions or refused, an applicant may appeal the CAO's
decision within seven (days) of the receipt of the CAO's decision to Council.
Council who may uphold or repeal the CAO's decision.
(6) No Parade or Procession shall obstruct the movement, use or operation of
any fire apparatus, police vehicle, or emergency equipment or vehicles, or
otherwise block or obstruct the approach to any fire station, police station,
hospital, medical facility, or other place where emergency equipment or
vehicles require regular access.
(7) No person driving or riding any vehicle or riding a horse shall drive or ride
through, nor shall any pedestrian walk through, the rank of any military or
funeral procession, not through the ranks of any other authorized Parade or
Procession, or in any way obstruct, impede, or interfere with the same.
(8) Where a Parade or Procession Permit has been granted:
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(a) Notwithstanding the provisions elsewhere contained in this
Bylaw, persons may congregate on the sidewalks, or a portion
of a street designated for the purpose of viewing the Parade
and Procession;
(b) The City may temporarily close, for all or some types of traffic all
or portions of the highway along or near the route set out in the
Parade or Procession permit for the anticipated time of the
Parade and Procession and for such additional time as
necessary to clear the highway for normal traffic; and
(c) The City may temporarily suspend Parking and Loading
privileges on all or a portion of the highway on route of the
Parade and Procession.
(9) Where a Parade or Procession permit allows floats, vehicles, or animals to be
placed in or on the route of a Parade or Procession, the person or persons
organizing or sponsoring the Parade or Procession shall
(a) Indemnify and save harmless the City from and against any and
all claims for injury to any person or persons and damage to any
real or personal property arising by reason of or in any way
connected with the entry, placing, or operation of the float,
vehicle, or animals in the Parade or Procession whether prior to,
during, or after the Parade or Procession, and whether arising
out of, or directly or indirectly caused by, an act, omission, or
negligence of the City, its employees or agents; and
(b) If required as condition of a Parade or Procession permit, obtain
a policy of liability insurance in an amount specified by the City
and that names the City as an additional insured and is primary
insurance.
(10)
Notwithstanding Section 23(9) of this Bylaw, the driver or operator of a
float, vehicle, or animal, and all Persons riding on a float, vehicle, or
animal participating in the Parade or Procession shall ensure that:
(a) The float, vehicle, or animal, or any part thereof, shall not
damage the highways, electric, or telephone poles or wires,
streetlights, cables or supports, traffic signals lights or signs, fire
hydrants, or any other property of the City or a public utility in,
upon, over, or besides a highway;
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(b) The float, vehicle, or animal, or anything thereon or attached
thereto shall not injure any person or cause damage to any real
or personal property; and
(c) No portion of the float, vehicle, or animal, and nothing erected,
placed on or attached to the float, vehicle, or animal shall come
in contact with any telephone wire or any wire charged with or
carrying out electrical current.
24. Weight restriction
(1) No person shall operate a commercial vehicle on a highway under the
direction, control, and management of the of the City other than in accordance
with the weight limitations as specified in the Traffic Safety Act and regulations
made under the authority of this Act.
(2) The Director of Community Operations is authorized to issue or direct a third
party to issue overweight permits on behalf of the City.
(3) The Director of Community Operations may require and persons desiring to
haul goods and materials on a highway to provide security to the city to
ensure compliance with the terms of any overweight permit.
(4) Any person issued an overweight permit issued under the authority of this
Bylaw shall at all times ensure that the conditions attached to any overweight
permit are complied with. Failure to comply with this Bylaw shall make the
issue permit null and void.
(5) Any person issued an overweight permit shall produce it on demand of a
Peace Officer.
(6) The Director of Community Operations is authorized to issue a road ban
order at their discretion to limit the allowable weights on any highway within
the City.
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25. Designated Heavy Trucks
(1) No driver of a Heavy Truck shall operate a Heavy Truck on a highway
unless the highway is designated as a truck route within City limits.
(2) Section 25(1) shall not apply to Heavy Trucks required to exit the designated
truck routes for the purpose of delivering or collecting goods or supplies,
performing work, or providing services, provided that the driver takes the most
direct and practical connection between the nearest truck route and the
destination, and returns to the truck route using the same or a suitable alternate
connection.
(a) The designated truck routes within the City of Chestermere shall
be as follows:
(i) Chestermere Boulevard (Highway 1A) within the City of
Chestermere;
(ii) Rainbow Road, south to Rainbow Falls Gate;
(iii) Township road 240; and
(iv) Highway 1 within the City of Chestermere.
26. Dangerous Goods Route
(1) Unless permitted by this Bylaw, no person shall transport any Dangerous Goods
for which placard is required on a highway, unless the highway is designated as
a Dangerous Goods route or a permit authorizing the transportation has been
issued by the City.
(2) The Dangerous Goods routes within the City of Chestermere shall consist of the
following highways:
(a) Highway 1 within the City of Chestermere; and
(b) Chestermere Boulevard (Highway 1A) between Range Road 284
and Highway 1.
(3) When it becomes necessary to leave the Dangerous Goods route for the
purpose of delivery or collecting goods or supplies, performing work, or
providing a service, the driver must proceed on the Dangerous Goods route to
the designated truck route that forms the most direct and practical connection to
the destination point and, if necessary, proceed on the
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designated truck route to the highway that forms the most direct and practical
connection to the destination point.
(4) No person shall handle or transport Dangerous Goods unless in a standardized
means of containment that complies with the Act and/or the Transportation of
Dangerous Goods Act and regulations as applicable.
(5) The handler or the person transporting Dangerous Goods must provide a valid
training certificate upon an inspector's request as per the Act and/ or the
Transportation of Dangerous Goods Act and regulations as applicable.
(6) No person shall handle or transport Dangerous Goods unless they are
appropriately permitted, qualified trained, and supervised, in accordance with
applicable requirements under the Act or the Transportation of Dangerous
Goods Act and regulations as applicable.
(7) When transporting Dangerous Goods, the handler or person transporting the
Dangerous Goods shall ensure they have all shipping records and shipping
documents as required under the Act and/or the Transportation of Dangerous
Goods Act and regulations as applicable.
(8) No person shall transport Dangerous Goods in a means of containment
without displaying the safety marks as required under the Act and/or the
Transportation of Dangerous Goods Act and regulations as applicable.
(9) The handler or person transporting Dangerous Goods shall ensure that
Dangerous Goods safety marks are visible and legible as required under that
Transportation of Dangerous Goods Act and regulations as applicable.
(10)
The handler or person transporting Dangerous Goods shall ensure to
cover all or remove safety marks from a means of containment after
unpacking, unloading, cleaning, or urging the means of containment as
required under the Act and/or the Transportation of Dangerous Goods Act and
regulations as applicable.
27. Owner, Employer and Corporate Liability
(1) If a vehicle or trailer is involved in an offence referred to in this Bylaw, the
registered owner of that vehicle or trailer is found guild of an offence.
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(2) With respect to a vehicle or trailer, when a person other than the owner
contravenes this Bylaw, that Person and the owner are jointly and severally
liable for the contravention.
(3) An act or omission by any employee or agent of a person is deemed to be an act
or omission of the person if the act or omission occurred during the course of the
employee's employment with the person or in the course of the agent's exercise
of the powers or performance of duties on behalf of their principal.
(4) When a corporation commits an offence under this Bylaw, every principal, partner,
director, officer, manager, employee or agent of the corporation who authorized
the act or omission that constitutes the offence or assented to be acquiesced or
participated in the act or omission that constitutes the offence is guilty of the
offence.
28. Offence and Penalties
(1) Any person who contravenes any provision of this Bylaw by:
(a) Doing any act or thing which the person is prohibited from doing;
(b) Failing to do any act or thing the person is required to do;
(c) Owning a vehicle involved in an offence; or
(d) Is guilty of an offence.
(2) Where there is a specified penalty listed for an offence is Schedule "A" to this
Bylaw, that amount is the specified penalty for the offence.
(3) Where there is a minimum penalty listed for an offence in Schedule "A" to this
Bylaw, that amount is minimum penalty for the offence.
(4) Any person convicted of an offence pursuant to this Bylaw is liable on
summary conviction to a fine not exceeding $10,000.00.
(5) Nothing in this Bylaw shall be constructed as curtailing or bringing the right of the
City to obtain compensation or to maintain any action for loss of or damage to
property from or against the person or persons responsible.
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29. Violation of Tags and Violation Tickets
(1) Where a Peace Officer believes that a vehicle is parked in contravention of this
Bylaw they may:
(a) Place a Violation Tag on the vehicle; or
(b) Send a Violation Tag to the registered owner of the vehicle by
ordinary mail.
(2) A violation Tag shall be in form approved by the City and shall state:
(c) The license plate of the vehicle, if applicable;
(d) The offence;
(e) The appropriate penalty for the offence as specified in Schedule "A" of
this Bylaw;
(f) That the penalty shall be paid within twenty-two (22) days of
issuance of a Violation Tag; and
(g) Where payment for a violation Tag is received by the City within
twenty-two (22) days of the issuance of that Violation Tag, the City
may reduce the penalty to the minimum penalty for that violation as
listed in Schedule "A" of this Bylaw.
(3) If a person who is responsible for a contravention of a provision of this Bylaw pays
the penalty amount within the time and in the manner set out in the Violation Tag,
such a payment will be accepted in lieu of prosecution.
(4) If payment referred to in Section 29(2) are not made within the times and in the
manner set out on the Violation Tag, a Violation Ticket may be issued to the
registered owner of the vehicle in accordance with this Bylaw and the Provincial
Offences Procedures Act.
(5) Nothing in this section shall:
(a) Prevent any person from exercising their right to defend any
charge of committing a breach of any section of this Bylaw.
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(b) Prevent any Peace Officer, in lieu or serving a tag, from issuing a Violation
Ticket to a person or owner pursuant to the Provincial Offences
Procedures Act; or
(c) Prevent any Peace Officer from issuing a Violation Ticket requiring the
court appearance of the defendant, pursuant to the provisions of the
Provincial Offences Procedures Act, or from laying an information instead
of issuing a Violation Ticket.
(6) A person other than the owner or operator of a vehicle shall not remove any tag or
notice place on or affixed to a vehicle by a Peace Officer in the course of his duties.
(7) No person other than a Peace Officer shall place a tag on any vehicle.
(8) Where contravention of this Bylaw is of continuing nature, a contravention constitutes a
separate offence in respect of each day on which it continues, and further Violation Tags
may be issued by a Peace Officer provided that no more than one Violation Tag is
issued for each day that the contravention continues.
(9) In order to determine the time in which a vehicle has been parked, a Peace Officer may
place an erasable chalk mark on the tire of the parked or stopped vehicle without such
Peace Officer or other person or the City incurring any liability for so doing.
(10) No person shall remove an erasable chalk mark placed under Section 29(9) while the
vehicle remains parked in the location where it was marked.
(11) In order to determine the time in which a vehicle has been parked, a Peace Officer
may place a sticker on the Parked or Stopped vehicle without such Peace Officer or
other person or the City incurring any liability for doing so.
(12) No person shall remove a sticker placed under Section 29(11) while the vehicle
remains parked in the location where it was marked.
30. General
(1) The provisions of the Bylaw do not apply to the following vehicles:
(a) Emergency vehicles;
(b) Vehicles owned, contracted, or within lawful possession of the City;
(c) Vehicles engaged in maintenance or repair of a public utility, as defined
in the Municipal Government Act;
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(d) A vehicle operated by a Federal, provincial, or municipal government,
or with the approval of the Federal. Provincial, or municipal
government; or
(e) School buses, when authorized or buses for the handicapped, while
transporting, loading, or unloading passengers during the ordinary
course of business.
31. Severability
(1) If any Section or parts of this Bylaw are found in any course of law to be illegal or
beyond the power of Council to enact, such Section or parts shall be deemed to be
severable and all other Sections or parts of this Bylaw shall be deemed to be separate
and independent there from and to be enacted as such.
32. Strict Liability Offence
(1) It is the intention of Council that all offences created by this Bylaw be interpreted to
be strictly liability offences.
Bylaw 011-13 and all amendments thereto are hereby repealed in its entirety.
Bylaw 2003-203/1 and all amendments thereto are hereby repealed in its entirety.
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Reading
Date
Resolution No.
First Reading
December 20, 2022
221220-13
Second Reading
December 20, 2022
221220-14
Third Reading
December 20, 2022
221220-16
Amending Bylaw 010-23
Reading
Date
Resolution No.
First Reading
June 6, 2023
230606-06
Second Reading
June 13, 2023
230613-05
Third Reading
June 13, 2023
230613-06
CAO
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SCHEDULE "A"
PENALITIES FOR VIOLATIONS
SECTION OFFENCE
SPECIFIED
PENALTY
MINIMUM
PENALITY
5(1)
Speed through a playground zone.
$250.00
$150.00
6(2)
Contravene a traffic control device
$85.00
$50.00
7(1)
Store/abandon a vehicle on a highway
$250.00
$150.00
8(1)(a)
Parked/stopped vehicle block pedestrian or
vehicle traffic on highway
$200.00
120.00
8(1)(b)
Parked/stopped vehicle block
exit/entry/driveway
$200.00
$120.00
8(1)(c)
Parked/stopped vehicle block public utility
$200.00
$120.00
8(1)(d)
Parked/stopped vehicle back access to
FD/PD or medical facility
$200.00
$120.00
8(3)
Place obstruction on highway
$250.00
$150.00
8(4)
Track/mud/debris/dirt on highway
$250.00
$150.00
8(5)
Fail to clear
materials/substance/mud/debris/, or other
nuisance/unclean condition from highway
sidewalk within 24 hours
$200.00
$120.00
8(8)
Property owners allow structure/landscaping/
foliage to impede safety on highway/pathway
$200.00
$120.00
8(9)
Drive over fire department hose/equipment
$500.00
$250.00
9(2)
Park/permit parking on contravention of
temporary traffic control device
$120.00
$75.00
9(3)
Park on highway 24 hours after temporary
sign is erected
$120.00
$75.00
10(1)(a)
Vehicle has tracks/spikes/lugs/cleats/bands
protruding from tire/wheel
$500.00
$300.00
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10(1)(b)
Vehicle with skids not using triple ground
tracks of flat surfaces
$500.00
$300.00
11(1)
Pedestrian cross outside
crosswalk/intersection
$75.00
$45.00
11(3)
Pedestrians cross highway when prohibited
by traffic control device
$75.00
$45.00
11(4)
Stand in group of 3 or more and obstruct
traffic
$75.00
$45.00
11(5)
Pedestrian obstruction/inconvenience
vehicular or pedestrian traffic on highway
$250.00
$150.00
11(7)
Pedestrian hitchhike or solicit ride on
highway
$200.00
$75.00
12(1)
Fail to occupy or walk beside horse drawn
vehicle
$75.00
$45.00
12(2)
Ride a horse or animal on highway, without
permit
$75.00
$45.00
12(3)
Cycle/roller blade/skate/board/scooter on
sidewalk in an unreasonable or reckless
manner
$350.00
$150.00
12(4)
Cycle/roller blade/skate/board/scooter in
excess of 15kmph on sidewalk/pathway
unless otherwise posted
$75.00
$45.00
12(5)(a)
Cycle/roller blade/skate/board/scooter and
fail to yield the right of way to pedestrian or
leashed animal
$250.00
$100.00
12(5)(b)
Cycle/roller blade/skate/board/scooter and
fail to pass pedestrian or another person
safely
$250.00
$150.00
12(5)(c)
Cycle/roller blade/skate/board/scooter and
fail to maintain safe distance from other
person and/or animal
$250.00
$150.00
12(5)(d)
Cycle/roller blade/skate/board/scooter and
fail to give audile signal prior to overtaking
pedestrian, another person and/or animal
$150.00
$75.00
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12(6)
Skateboard when prohibited by a traffic
control device
$75.00
$45.00
12(7)
Skateboard on private property without
written consent
$75.00
$45.00
12(9)
Person under 18 cycle/roller
blade/skate/board/scooter without CSA
approved helmet
$75.00
$45.00
12(10)
Parents allow person under 18 cycle/roller
blade/skate/board/scooter without CSA
approved helmet
$75.00
$45.00
13(1)
Park or permit a vehicle to park in lane
$85.00
$50.00
13(2)
Obstruct traffic when parked in lane
$85.00
$50.00
14(1)
Park contrary to traffic control device
$85.00
$50.00
14(2)
Park/stop in bus stop marked by sign or
traffic control device
$85.00
$50.00
14(3)
Park/stop in entrance to firehall/police
station/medical or emergency facility
$120.00
$60.00
14(4)
Park in alley
$85.00
$50.00
14(5)
Park heavy truck in residential area
$500.00
$300.00
14(6)
Park heavy truck on highway when by a
traffic control device
$500.00
$300.00
14(7)
Park on highway in a location for a particular
class when no designated as a vehicle of a
particular class
$85.00
$50.00
14(8)
Park/stop in designated taxi zone
$85.00
$50.00
14(9)
Park vehicle leaking fluids on highway
$300.00
$150.00
14(10)(a)
Park on sidewalk or walking path
$200.00
$100.00
14(10)(b)
Park on Boulevard
$200.00
$100.00
14(10)(c)
Park on crosswalk or any part of crosswalk
$150.00
$75.00
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14(10)(d)
Park within intersection
$85.00
$50.00
14(10)(e)
Park within 5m of approach to traffic control
device, stop/yield sign or crosswalk
$85.00
$50.00
14(10)(f)
Park within 5m of a fire hydrant or within
5m of point on curb nearest fire hydrant
$150.00
$75.00
14(10)(g)
Park within 1.5m of entrance to
alley/garage/private road/driveway or
vehicle crossway over sidewalk
$85.00
$50.00
14(10)(h)
Park within 5m of speed control sign
$85.00
$50.00
14(10)(i)(i) Parallel park more than 50cm from curb or
edge of road
$85.00
$50.00
14(10)(i)(ii) Parallel park against the flow of traffic
$85.00
$50.00
14(11)
Leave vehicle on jack on highway
$250.00
$150.00
14(12)
Have inoperable/unroadworthy vehicle on the
highway
$250.00
$150.00
14(13)
Park/stop in fire lane or other emergency
access
$150.00
$100.00
14(15)
Repair and service vehicle on highway
$150.00
$100.00
14(16)
Angle park where not permitted
$85.00
$50.00
14(17)
Park vehicle within 5m of apex of a corner
$85.00
$50.00
14(18)
Park vehicle on highway without valid
registration
$250.00
$150.00
14(19)
Park vehicle on highway without displaying
license plate or other valid registration
$200.00
$120.00
14(20)
Place cord/hose/wire/ across sideway/pathway
or highway
$150.00
$75.00
15(1)
Idle vehicle more than 5 minutes within
1Om of a school, recreation, or medical
facility
$300.00
$150.00
16(1)
Unattached trailer or highway
$85.00
$50.00
16(2)
Occupy or live in trailer on Highway
$250.00
$150.00
16(3)
Parked trailer obstructs
sidewalk/highway/pathway
$250.00
$150.00
17(1)
Fail to park RV adjacent to owner's residence
$150.00
$100.00
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17(2)
Park RV on highway b/t Nov 1 and April 30
$150.00
$100.00
17(3)
Park RV for more than 72 consecutive hours
$200.00
$100.00
17(4)
Park RV in manner to pose hazard to highway,
traffic, or pedestrian
$250.00
$150.00
18(1)
Use OHV to clear sidewalk or public property
$250.00
$150.00
18(2)
Use Unpermitted OHV in City
$500.00
$250.00
18(4)(a)
Operate OHV in recreational area
$300.00
$150.00
18(4)(b)
Operate OHV on school property or
playground
$300.00
$150.00
18(4)(c)
Operate OHV on sidewalk or pathway
$300.00
$150.00
18(4)(d)
Operate OHV in open space or parkland
$300.00
$150.00
18(4)(e)
Operate OHV in developed or landscaped area $300.00
$150.00
18(4)(f)
Operate OHV on private property
$300.00
$150.00
18(5)
Operate OHV on unauthorized roadway
$350.00
$200.00
18(5)(b)
Operate OHV without holding valid classed
license
$324.00
$200.00
18(5)(b)(i)
Learner improperly operating OHV/OHV over
50 cc
$324.00
$200.00
18(5)(c)
Operate OHV without helmet
$300.00
$150.00
18(5)(d)
OHV exceed allowed passengers
$300.00
$150.00
18(5)(e)(i) Operate OHV without a valid registration
$324.00
$200.00
18(5)(e)(ii) Operate OHV without insurance
$2000.00
$200.00
18(5)(e)(iii
)
Operate OHV without license plate visible
$324.00
$200.00
18(6)(b)
OHV exceed posted speed limit
SEE TSA
FINE
TABLE
18(6)(b)(i) OHV travel less than 30kmph
$200.00
$100.00
18(6)(c)
OHV fail to travel in single file
$200.00
$100.00
18(6)(d)
OHV fail to obey traffic control device
$243.00
$150.00
18(6)(e)
OHV fail to use alley/service road when
possible
$200.00
$100.00
18(6)(f)
OHV fail to cross highway at intersection
$200.00
$100.00
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18(6)(g)
OHV fail to yield right of way
$300.00
$200.00
18(6)(h)
Use OHV outside permitted hours
$250.00
$150.00
19(1)
Park vehicle over 8m long on highway
$200.00
$120.00
19(2)
Park vehicle over 2m wide on highway
$200.00
$120.00
19(5)
Use of engine retarder brakes in city
$150.00
$85.00
19(6)
Permit/cause/allow excessive noise/exhaust
from vehicle
$250.00
$100.00
19(7)
Unsecured compartment or load in vehicle
$500.00
$250.00
19(8)
Fail to prevent the escape of material from
load
$500.00
$250.00
19(9)
Irregular; oversize or protruding load which
could dislodge or endanger persons or vehicle
$500.00
$250.00
19(10)
Driver fail to take reasonable steps to remove
spilled contents from highway
$300.00
$200.00
20(1)
Fail to display disabled placard or license
plate as required
$500.00
$250.00
21(1)
Fail to display parking permit
$150.00
$100.00
21(2)
Misuse of parking permit
$250.00
$150.00
23(1)
Conduct parade without permit
$250.00
$150.00
26(3)
Fail to transport Dangerous Goods on most
direct/practical route
$500.00
$300.00
26(4)
Handle/transport Dangerous Goods in non-
compliant means of containment
$700.00
$400.00
26(5)
Fail to produce Dangerous Goods training
certificate upon request
$200.00
$100.00
26(6)
Untrained/unsupervised/unqualified person
transport/handle Dangerous Goods
$700.00
$400.00
26(7)
Fail to carry shipping records and shipping
documents, or amend shipping document of
changes of Dangerous Goods quantity
$450.00
$250.00
26(8)
Fail to display safety marks on DG means of
containment
$700.00
$400.00
26(9)
Fail to ensure DG safety marks visible/legible
$700.00
$400.00
26(10)
Fail to remove safety marks as required as
required, after purging/cleaning
$700.00
$400.00
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27(1)
Owner of vehicle or trailer contravenes this
Bylaw: fine pursuant to section contravened.
27(2)
Person other than the owner of vehicle or
trailer contravenes this Bylaw: fine pursuant to
section contravened.
27(3)
Registered owner of vehicle or trailer
contravenes this Bylaw: fine pursuant to
section contravened.
29(6)
Remove tag of notice placed by Peace Officer $85.00
$50.00
29(10)
Remove erasable chalk mark placed by Peace
Officer
$85.00
$50.00
29(12)
Remove sticker placed by Peace Officer
$85.00
$50.00
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SCHEDULE "B"
Schedule to the Act: Classification of Dangerous Goods
Class 1
Includes explosives within the meaning of this Act.
Class 2
Includes gases that are compressed, deeply refrigerated, liquefied or
dissolve under pressure.
Class 3
Includes flammable and combustible liquids.
Class 4
Includes flammable solids, substances liable to spontaneous combustion,
substances that on contact emit flammable gases.
Class 5
Includes oxidizing substances, organic peroxides.
Class 6
Includes poisonous (toxic) and infectious substances
Class 7
Includes nuclear substances, within the meaning defined in the "Nuclear
Safety and Control Act," that are radioactive
Class 8
Includes all corrosives
Class 9
Includes miscellaneous products, substances, or organisms considered
by the Governor in Council to be dangerous to life, health, property or the
environment when handled, offered for transportation or transported and
prescribed to be included in this class.
In these regulations the words "Class 7, Radioactive Materials" are used rather than the words
that are used in the schedule of the Act, "Class 7, Nuclear Substances within the meaning of the
Nuclear Safety and Control Act, that are radioactive" so that the Regulations are more easily
read in conjunction with the international documents incorporated by reference in them.
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SCHEDULE "C"
Chestermere Traffic Control Bylaw
Map of Off-highway Lake Access Points
14