Lac Ste. Anne County, Alberta
· No. 22-2021
· adopted 2021-05-05
· summary & facts
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## BYLAW # 22-2021 TRAFFIC BYLAW LAC STE. ANNE COUNTY,
## ALBERTA
A BYLAW OF LAC STE. ANNE COUNTY IN THE PROVINCE OF ALBERTA TO ESTABLISH A MEANS TO REGULATE TRAFFIC WITHIN THE BOUNDARIES OF LAC STE. ANNE COUNTY.
WHEREAS, pursuant to section 13 of the Traffic Safety Act, R.S.A. 2000, c. T-6 and section 17 of the Dangerous Goods Transportation and Handling Act, R.S.A. 2000, c. D-4, the Council of Lac Ste. Anne County may, with respect to a highway under its direction, control and management, make bylaws that are not inconsistent with the Acts;
AND WHEREAS, the Council of Lac Ste. Anne County deems it proper to enact traffic regulations for public safety.
NOW THEREFORE, the Council of Lac Ste. Anne County duly assembled, enacts as follows:
## 1. TITLE
- (1) This bylaw may be referred to as the "Regulation of Traffic Bylaw".
## 2. DEFINITIONS
- (1) This Bylaw adopts the definitions found in the Traffic Safety Act as amended from time to time. In addition, the following definitions shall apply:
- a. "Act" means the Traffic Safety Act, R.S.A. 2000, c. T-6 and amendments thereto.
- b. "County Manager" means Chief Administrative Officer or designate.
- c. "Commercial Vehicle" as defined in the Act;
- d. "Council" means the Council of Lac Ste. Anne County.
- e. "Emergency Vehicle" means:
7. a vehicle operated by a Peace Officer as defined in the Act;
8. a fire-fighting or other type of vehicle operated by the fire protection service of a municipality;
9. (iii) an ambulance operated by a person or organization providing ambulance service;
10. (iv) a vehicle operated as a gas disconnection unit of a public utility;
11. (v) a vehicle designated by regulation as an emergency response unit.
- "Engine Retarder Brake" means a device used to augment or replace some of th unctions of primary friction-based braking systems
- g. "Over dimensional Vehicle" as defined in the Act;
- i. "Pedestrian" means:
15. (i) a person on foot, or
16. (ii) a person in or on a mobility aid, and includes those persons designated by regulation as pedestrians.
- j. "Public Property" means all land other than highways, located within the Municipality and owned by or under the management and control of the Municipality.
- k. "Recreational Vehicle" (RVs) include motorized RVs all motor homes (selfpropelled motor vehicle chassis), trailers and towable RVs, travel trailers, tent trailers, truck (slide in) campers, fifth wheel trailers and trailers carrying boats, all-terrain vehicles or snowmobiles.
2. "Residential Area" means all lands within or adjacent to a residential district as defined in the Municipality's Land Use Bylaw.
1. "Traffic Control Device" means any sign, signal, marking or device placed, marked c rected under the authority of federal, provincial or municipal legislation for th purpose of regulating, warning or guiding traffic.
- n. "Trailer" means a vehicle so designed that it:
5. (i) may be attached to or drawn by a motor vehicle or tractor, and
6. ) i euled on a poit poperty not inude machinery are quipment sited used in the construction or maintenance of highways.
7. . "Vehicle" means 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.
8. ). "Violation Ticket" means a ticket issued pursuant to the Provincial Offences Procedur 1cт, R.S.A. 2000, c P-34, as amended and regulations thereunder
## 3. SIGNS
- (1) No person shall deface, destroy or remove any sign or marker erected by the municipality for the purposes of this Bylaw.
## 4. SPEED RESTRICTIONS
- (1) Subject to a speed limit prescribed under Section 4.2 or 4.3, the maximum speed limit of a highway shall be eighty (80) kilometers per hour.
- 2) In accordance with the following, a highway may have a different maximum speed lim han established under section 4.1
- a. in the case of any highway, a maximum speed limit that is lower than eighty (80) kilometers per hour may be prescribed by Council resolution followed by the erecting of signs setting out the prescribed speed limit;
4. in the case of a highway, a maximum speed limit of up to one hundred (100) kilometers per hour may be prescribed by Council resolution followed by the erecting of signs setting out the prescribed speed limit;
- in the case of a highway within a residential area, the maximum speed limit shall be forty (40) Kilometers per hour;
6. in the case of a highway that is under construction or repair or in a state of disrepair a maximum speed limit, with respect to the portion of the highway that is under onstruction, repair or in disrepair, be prescribed by the County Manager by erectin emporary signs along the highway setting out the maximum limi
7. by erecting signs along the roadway setting out the prescribed speed limit.
No person shall drive a vehicle onto, across or on any boulevard, ditch, or sidewalk at any vehicular crossings provided for that purpose.
## 5. RESTRICTED VEHICLE OPERATION
- (1) No person shall operate or park an Over-Dimensional Vehicle on a highway unless that person first obtains written approval from the County Manager to operate the overdimensional vehicle or over-weight vehicle within the Municipality.
- (2) The County Manager is hereby authorized to impose road bans from time to time to define:
- a. highway locations with percentage axle weights for those highways; and
- b. bridge locations with the maximum gross commercial vehicle weights to be posted on those bridges.
- (3) Where the County Manager imposes a road ban with respect to a highway, they shall cause signs to be erected along the highway as he/she consider necessary to notify operators of the road ban. Notice to the public will be made by posting on the Municipal Website along with any other weekly publications as determined necessary by the County Manager.
## 6. PARKING
- (1) The Municipality may cause movable traffic control devices to be placed on a highway to indicate "No Parking" for certain periods of time as may be necessary for the purpose of street cleaning, snow removal, maintenance, construction or an event, and when so marked, such
traffic control devices shall take precedence over all other traffic control devices. When the Municipality has placed moveable traffic control devices on a highway:
- a. No person shall park a vehicle or permit a vehicle to be parked on a highway from the time a traffic control device or devices have been placed, until such traffic control device or devices have been removed.
- b. If the vehicle was parked on the highway prior to the placement of the traffic control device or devices, no person shall leave that vehicle parked or permit that vehicle to remain parked on the highway after the expiration of twenty-four (24) hours from the time the traffic control device or devices have been placed.
- (2) No person shall park or permit a vehicle to be parked on a highway contrary to a traffic control device.
- (3) Where parking is generally permitted, the following restrictions apply in County-wide. No person shall park:
- a. a vehicle, trailer or recreational vehicle on a highway for more than seventy-two (72) consecutive hours;
- b. any trailer, whether designed for occupancy or load carrying on any highway unless such trailer is attached to the vehicle by which it may be properly drawn and when attached, the trailer shall be part of the vehicle and subject to any regulations pertaining to the vehicle;
- c. any vehicle so to obstruct the free movement of traffic;
- d. any vehicle over 4,800 kilograms GVW (Gross Vehicle Weight) on a road in a subdivision;
- e. a commercial vehicle or commercial vehicle with trailer exceeding 10 meters in length or 2.6 meters in width on a highway or any part of the highway right-of-way for a period in excess of eight (8) hours;
- f. or leave any vehicle, recreation vehicle or trailer on any Lac Ste. Anne County public property, unless otherwise permitted by agreement or permit.
## 7. OBSTRUCTIONS
- (1) No vehicle shall be parked upon any highway in such a manner as to block, obstruct, impede or hinder traffic thereon.
- (2) Where the obstruction of the highway is unavoidable due to mechanical failure, the person may not be in violation provided the person:
- a. promptly takes measures to remove such vehicle from the highway; and does not leave the vehicle unattended if the vehicle has been placed on a jack or jacks and one or more of the wheels have been removed from it or part of the vehicle has been raised.
- (3) No obstruction of any kind including but not limited to snow or ice, construction materials, earth, debris, dirt, gate, gravel, fence, landscaping material, rock, sand, tree, or vegetation shall be made or placed in, upon or above any highway or public property.
- a. Excavate in any highway or road allowance or remove any earth, gravel, or asphalt from any highway, road allowance or property owned by the municipality; or
- b. Operate or permit any farm implement or thing whatsoever to be operated on the side slope or the top of the grade of any highway so as to injure the surface.
- (4) Every person who fails to comply with the provisions of section 7, shall be guilty of an offence and shall, in addition to any other penalty, cause the removal of the obstruction within twenty- four (24) hours of being notified to do so by the Municipality. After the expiration of the twenty- four (24) hour period, the Municipality may cause the removal of the obstruction and such removal shall be at the expense of the person causing, placing
8. Where an obstruction of any kind in, upon or above any highway or public proper reates an unsafe condition, the Municipality shall be entitled to take such measures a are required for the protection of life or property.
## 8. EXCEPTIONS FOR PARKING AND OBSTRUCTIONS
- (1) The provisions of this Bylaw do not apply to the following vehicles:
- a. emergency vehicles;
- b. a vehicle operated by a federal, provincial or municipal government, or with the approval of a federal, provincial or municipal government for the purpose of constructing or maintaining a highway; and
- c. school buses while loading or unloading passengers during the ordinary course of business.
## 9. REMOVAL OF VEHICLES
- (1) Any Peace Officer is authorized to remove or cause to be removed, any vehicle:
- a. parked in contravention of the provision of this Bylaw;
- b. parked in contravention of the Act; or
- c. where emergency conditions exist.
- (2) Any vehicle removed pursuant to this Bylaw may be removed to a place designated by the Municipality where it will remain until claimed by the owner.
- (3) When a vehicle has been removed by a towing company on the instructions of a Peace Officer, the owner shall, in order to redeem the vehicle, make the necessary payment to the towing company.
- (4) All charges for removal and storage of a vehicle shall be in addition to any fine or penalty imposed in respect of any violation to this Bylaw.
## 10. ROAD USE AGREEMENTS
- (1) The County Manager, in accordance with Lac Ste. Anne County's policy, may make a determination that the use of a highway by a commercial vehicle or commercial vehicles may or will cause damage to a highway due to:
2. (a) the weight of the commercial vehicle or commercial vehicles; or
3. (b) the frequency of the use of the commercial vehicle or commercial vehicles.
- (2) Where the determination is made that the use may or will likely cause damage to a highway under section 10 subsection (1), County Manager is authorized to require any operator to enter into a Road Use Agreement prior to operating a commercial vehicle upon a highway.
- (3) An operator entering into a Road Use Agreement shall always ensure that the terms and conditions contained within the Road Use Agreement are complied with.
- (4) Where an operator has entered into a Road Use Agreement, failure to comply with the agreement may result in the cancellation of the agreement.
## 11. AUTHORITY
- (1) the Traffic Safety Act and associated regulations, as amended, shall apply in the regulation and control of traffic in the County.
- (2) Notwithstanding any provisions of this Bylaw, Council hereby delegates the County Manager the authority to regulate the placement of all traffic control devices, 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.
## 12. GENERAL PROVISIONS
- (1) All persons operating vehicles shall comply with all traffic control devices authorized under this Bylaw.
- (2) No person shall haul or transport any item(s) in a vehicle or trailer unless it is completely enclosed or secured to prevent garbage or litter from falling or being blown off. Where a violation has occurred, the Municipality may cause the clean-up of garbage and litter and such clean up shall be at the expense of the person responsible.
- (3) No person or registered owner of a vehicle shall allow or permit an occupant of their vehicle to allow the escape or disposal of any refuse or substance on public land or highway except in designated disposal or recycle receptacles.
4. No person shall apply or engage engine retarder brakes on any truck or truck tractor within the Municipality where signs prohibit the use.
## 13. PENALTIES
- (1) Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable upon conviction to a fine as set out in the Act unless otherwise provided in Schedule "A" attached hereto.
- (2) Nothing in this Bylaw shall be construed as curtailing or abridging the right of the Municipality to obtain compensation or to maintain an action for loss of or damage to property from or against the person or persons responsible.
- (3) A Peace Officer is hereby authorized and empowered to issue a Violation Ticket to any person whom, the Peace Officer has reasonable and probable grounds to believe, has contravened any provision of this Bylaw.
- (4) Where a contravention of this Bylaw is of a continuing nature, further Violation Tickets may be issued by a Peace Officer, provided that no more than one Violation Ticket is issued for each day that the contravention continues.
- Where a Violation Ticket is issued pursuant to this Bylaw, the person to whom the Violation Ticket is issued may, in lieu of being prosecuted for the offence, pay to the Province of Alberta, the penalty specified in the Violation Ticket.
- Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a violation ticket.
## 14. REPEAL
- (1) Bylaw 17-2021 Traffic Bylaw is repealed upon this Bylaw coming into force.
## 15. SEVERALBILITY
- (1) If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the Bylaw is deemed valid.
## 16. EFFECTIVE DATE
- (1) This Bylaw shall come into force and take effect upon the date of third reading.
Read a first time this 05 day of May 2021. Read a second time this 05 day of May 2021. Read a third time this 05 day of May 2021.
Cale
County Manager
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Schedule "A"
| Section | Offence | Specific Penalty |
|-----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------|
| 6(1)a | Parking in non-compliance with a moveable traffic control device or devices that have been placed and has not been removed. | $200.00 |
| 6(2) | Parking contrary to a traffic control device. | $100.00 |
| 6(3)a | Parking on a highway for more than seventy-two (72) consecutive Proving a rice not alicied a eite. | $200.00 |
| 6(3)b | | $300.00 |
| 6(3)c | Parking a vehicle which obstructs the free movement of traffic. | $300.00 |
| 6(3)d | Parking a vehicle over 4,800 kilograms GVW (Gross Vehicle Veight) where not authorized | $300.00 |
| 6(3)e | seating mes in tenger 2 metes in wide on nights. or any part of the highway right-of-way for a period in excess of | $300.00 |
| 6(3)F | Park or leave vehicle, trailer or recreational vehicle on any public property unless authorized by section 7 of this Bylaw. | $300.00 |
| 6(4) | Parking on any portion of a highway marked as a fire or emergency lane. | $1,000.00 |
| T(1) | Parking upon any highway in such a manner to block, obstruct, | $300.00 |
| 7(2)a | Lotte le to sures apolly remove a vehicte obstructing | $200.00 |
| 7(2)b | Leaving a vehicle unattended while it is on a jack or jacks and one or more of the wheels have been removed from it or part of the | $200.00 |
| 7(3) | Make or place an obstruction of any kind or permit an obstruction to be made or placed in, upon or above any highway or public prip complane with the ately rene by tie Mincipality. | $500.00 |
| 10(1) | Hauling without a Road Use Agreement | $1000.00 |
| 10(2) | Fail to comply with conditions of Road Use Agreement | $1000.00 |
| 12(2) | Un-secured load | $250.00 |
| 12(3) | Littering/Illegal dumping public lands | $1,000.00 |
| 12(4) | Engage engine retarder brakes where prohibited | $200.00 |