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BYLAW 399
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BYLAW NO. 399
VILLAGE OF COWLEY
A BYLAW TO CONTROL AND MANAGE TRAFFIC UPON ROADWAYS WITHIN THE
VILLAGE OF COWLEY, IN THE PROVINCE OF ALBERTA.
WHEREAS, Section 15 of the Traffic Safety Act, RS.A. 2000 and amendments thereto, allow a
municipality to pass bylaws regulating and controlling vehicular, animal and pedestrian traffic on
highways within its jurisdiction.
NOW THEREFORE, the Municipal Council of the Village of Cowley hereby enacts as follows:
TITLE:
1. This bylaw shall be known as the TRAFFIC BYLAW.
DEFINITIONS:
2. "Alley" shall mean all that portion of a Roadway used to provide access to lands, in addition to
the access provided by the street in front of the said lands.
3. "CAO" shall mean the Chief Administrative Officer as appointed pursuant to the Municipal
Government Act, Section 201(1), or Designee.
4. "Dangerous Goods" means a product, substance or organism included by its nature or by the
regulations in any of the classes listed in the schedule under the Transportation of Dangerous
Goods Act, 1992, c.34, Sch,; 1997, c. 9, s. 123.
5. "Heavy vehicle" is a vehicle, with or without load, exceeding any of the following:
a. 11 meters in length, (36 feet),
b. A licensed gross vehicle weight of 7,500 kilograms. (16,000 pounds).
-
but does not include Recreational Vehicles
6. "Peace Officer" shall include all police officers and or all bylaw enforcement officers appointed
by the Village as defined in Section 1 of the Traffic Safety Act.
7. "Recreation Vehicle" shall mean a Vehicle or Trailer that is designed, constructed and equipped,
either temporarily or permanently, as a temporary accommodation for travel, vacation, or recreational use
and includes duly licensed travel trailers, motorized homes, slide-in campers, chassis-mounted campers,
boat trailer, all-terrain vehicle trailer, snowmobile trailer and tent trailers.
8. "Roadway/Street" shall mean a road, street or highway intended for use by vehicular traffic,
within the boundaries of the Village of Cowley.
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9. "Sign" shall mean any sign, signal, marking, or device placed, marked or erected under the
authority of this bylaw for the purpose of regulating, warning or guiding traffic as defined in
the Traffic Safety Act.
10. "Traffic Safety Act" shall mean the Traffic Safety Act R.S.A. 2000, Chapter T-6 and amendments
thereto.
11. "Truck tractor unit" is a vehicle considered for the purpose of this bylaw, a "Heavy Vehicle".
12. "Truck Route" shall mean a roadway or street within the boundaries of the Village of Cowley
which shall be designated to be used by heavy vehicles, and which such streets are marked with
signs reading "Truck Route".
13. "Vehicle" shall mean a device in, upon or by which a person may be transported or drawn
upon a roadway or street.
14. "Village" shall mean the Village of Cowley, a municipal corporation in the Province of
Alberta, and where the context so requires, means the area contained within the corporate
boundaries of the said municipality.
GENERAL RULES
15. The speed limit for all streets in the Village shall be 40 kilometers per hour.
16. With the exception of Railway Avenue; and a portion of Cameron Street, from Price Avenue to
Mountain Avenue, which is a playground zone; the speed limit will be 30 km/hr.
17. No person shall place, or shall cause or allow to be placed upon any roadway within the Village
any snow, dirt, or other obstruction in such a manner as to block, obstruct, impede or hinder
traffic.
18. When repairs or alterations are in progress on or adjoining any roadway within the Village and
such work is being indicated by barricades or signs, no person shall disregard the warning
given thereby and shall obey all barricades or signs.
19. No person shall allow himself to be drawn by a moving vehicle while he is riding upon a sled,
toboggan, skateboard, skis or other conveyance.
PARKING RESTRICTIONS
20. Unless required or permitted by this bylaw, or in compliance with the directions of a
peace officer, or to avoid conflict with other traffic, a driver shall not stop or park his
vehicle:
a. In any commercial loading or unloading space marked by a sign indicating the
restrictions which apply thereto other than a commercial vehicle lawfully engaged in
loading or unloading goods to or from business premises,
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b. In any place where the vehicle will in any way interfere with the use of a doorway
intended as a fire or emergency exit from any building,
c. In the exit/entrance way of the fire hall,
d. On any portion of a roadway or street marked by a "NO PARKING" sign,
e. Within an intersection other than immediately next to the curb in a "T" intersection,
f. Within 5 meters on the approach to a stop sign or yield sign,
g. Within 5 meters of any fire hydrant, or when the hydrant is not located at the curb,
-within 5 meters of the point on the curb nearest the hydrant,
h. Alongside or opposite any street excavation or when the stopping or parking would
obstruct traffic.
21. No vehicle operator shall drive or park a vehicle upon any roadway or street in such a manner
as to block, obstruct, impede or hinder traffic thereon; where the obstruction is unavoidable
due to mechanical failure the operator will not be in breach of this section provided he
promptly takes measures to clear the faulty vehicle from the roadway.
22. No person shall abandon a vehicle on a street or roadway within the municipality for a period
of more than 72 hours.
23. No person shall park a vehicle in an alley but alleys may be used for:
a. The loading or unloading of goods from a commercial vehicle for a period not
exceeding 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 5 minutes.
24. No person shall park any recreational vehicle that exceeds 2.6 meters in width on any street,
alley or land owned by the Village of Cowley, unless designated for such use or at the
discretion of the CAO.
25. No person shall park a recreation vehicle on any street for the period of October 1st through to
March 31st.
26. No person shall operate or park any vehicle upon any land owned or managed by the
Village which the Village uses or permits to be used as a playground, boulevard, recreation
or public-park, except on such part thereof as the CAO may designate.
HEAVY VEHICLE OPERATION
27. No person shall operate or park a heavy vehicle upon any roadway or street other than on a
designated Truck Route.
28. No person shall operate a motor vehicle carrying flammable liquids, explosives, gases, or other
dangerous cargoes on a roadway or street, other than a designated Truck Route.
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29. The following shall not be deemed to be in contravention of Section 25 & 26 if the vehicle is
being operated on the most direct and practicable route between the premises or location
concerned and the nearest truck route:
a. If the vehicle is delivering or collecting goods or merchandise to or from the premises of
a bona fide customer.
b. If the vehicle is being operated in the most direct route between the origin and destination
of the material on the vehicle.
c. If the vehicle is owned by or actually in the service of the Village and that are actually
engaged in work at locations not designated as a truck route.
30. No person shall park a heavy vehicle, truck tractor unit on any roadway or street of the
Village whether a semi-trailer or trailer is attached to it or not, at any hour of the day or night
when the said vehicle or vehicle and trailer would be located either in front of or across from
or on the flank of residential property.
31. No person shall park a heavy vehicle, truck tractor unit, whether a semi-trailer or trailer is
attached to it or not, used for the conveyance of Dangerous Goods or Hazardous materials on any
roadway or street within the Village boundaries.
OFFENCE TICKET
32. Where a peace officer has reasonable grounds to believe a person has contravened any of the
sections of this bylaw listed in Schedule "A", annexed hereto and made part of this bylaw, he
may issue and serve upon such person an offence ticket in the form prescribed.
33. The offence ticket in the form and content of which is set forth in Schedule "B", annexed hereto
and made part of this bylaw, is hereby prescribed and approved as the offence ticket to be issued
for any contravention of this bylaw.
34. Service of such offence ticket shall be sufficient if it is:
a. Personally served, or
b. Attached to the vehicle in respect of which an offence is alleged to have been
committed, or
c. If mailed to the address of the registered owner of the vehicle or to the person in
possession of the said vehicle.
35. The penalty hereby established for contravention of this bylaw as listed in Schedule "A", under
General Parking is $50.00 for the first offence and $100.00 for the second and subsequent
offences.
36. The penalty hereby established for contravention of this bylaw as listed in Schedule "A", under
Heavy Vehicle, is $300.00 for the first offence and $300.00 for the second and subsequent
offences.
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37. For those penalties listed in Schedule "A" attached hereto and forming part of this by-law, the
penalty shall be reduced by 50% if payment is received within 14 days of the date of service of
the offence ticket.
38. If at any time after the expiration of the 14 days from service of the offence ticket, and up to and
excluding the three days prior to the return date on any summons issued, a person tenders
payment for an offence ticket issued for contravention of this by-law, the person authorized by
the Village to receive such payment shall accept payment of the penalty specified in Section 35
and 36 in lieu of prosecution.
39. If the person upon whom such offence ticket is served fails to pay the required sum within the
times herein before limited, the provisions of this section for acceptance of payment in lieu of
prosecution do not apply.
40. Bylaw No. 269 is hereby repealed.
41. Bylaw No. 393 is hereby repealed.
42. This bylaw shall come into full force and effect upon third reading.
READ A FIRST TIME THIS ___7__ DAY OF _____________October_______ 2014.
READ A SECOND TIME THIS __7__ DAY OF ___________October____________ 2014.
READ A THIRD TIME THIS __18__ DAY OF _____________November___________ 2014.
Signed this ___18___ day of _____November__, 2014.
_________________________________ __________________________________
MAYOR CAO
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SCHEDULE "A"
SCHEDULE OF FINES
GENERAL PARKING:
First Offence - $50.00
Second and subsequent offences - $100.00
HEAVY VEHICLE OPERATION:
First Offence - $300.00
Second and subsequent offences - $300.00
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SCHEDULE "B" - PENALTY TICKET
VILLAGE OF COWLEY
Box 40, 518 Railway Avenue
Cowley, Alberta T0K 0P0
This Tag issued for breach of By Law No. _________
Short Title________________________________________________
PENALTY $_________________
If payment is received on or before the 14th day after the tag has been
issued the penalty shall be reduced to _______________
OFFENCE __________________________________________________
__________________________________________________________
__________________________________________________________
DATE OF ISSUE____________________________TIME______________
ISSUED TO_________________________________________________
ADDRESS__________________________________________________
PHONE____________________________________________________
Additional Remarks__________________________________________
__________________________________________________________
Upon presentation of this Offence Ticket within 14 days from the date
of service of this Offence Ticket, together with voluntary payment of
penalty indicated, such payment may be accepted in lieu of
prosecution.
FAILURE TO DO SO WILL RESULT IN PROSECUTION.
Payment can be made by paying to the Village of Cowley office during
regular office hours. Payment may be remitted by cash, cheque or money
order.
THIS TAG MUST BE PRESENTED
TRANSPORTATION OF DANGEROUS GOODS ACT
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SCHEDULE
(Sections 2 and 27)
Class 1 --
Explosives, including explosives within the meaning of the Explosives Act
Class 2 --
Gases: compressed, deeply refrigerated, liquefied or dissolved under pressure
Class 3 --
Flammable and combustible liquids
Class 4 --
Flammable solids; substances liable to spontaneous combustion; substances that on contact with
water emit flammable gases
Class 5 --
Oxidizing substances; organic peroxides
Class 6 --
Poisonous (toxic) and infectious substances
Class 7 --
Nuclear substances, within the meaning of the Nuclear Safety and Control Act, that are radioactive
Class 8 --
Corrosives
Class 9 --
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 transport or
transported and prescribed to be included in this class
1992, c. 34, Sch.;
1997, c. 9, s. 123.