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Last Amended January 22, 2013
BY-LAW NO. 1158
Consolidated up to BYLAW #1252
______________________________
OF THE TOWN OF MAGRATH
IN THE PROVINCE OF ALBERTA
Being a By-Law of the Town of Magrath in the province of Alberta,
To control and regulate vehicle, animal and pedestrian traffic.
1. ENACTMENT:
WHEREAS the Traffic Safety Act authorizes a municipality to regulate and control vehicle,
animal and pedestrian traffic and parking on the highways and on other property within the
municipality;
AND WHEREAS the Municipal Government Act allows a municipality to pass bylaws and
delegate authority with respect to highways under its direction, control and management and
transport thereon;
NOW THEREFORE the Council of the Town of Magrath, in the Province of Alberta, duly
assembled hereby enacts as follows:
2. DEFINITIONS:
2.1 This bylaw may be cited as the "TRAFFIC BYLAW"
2.2 "Act" means the Traffic Safety Act, R.S.A. 2000, c. T-6, as amended or substituted from
time to time;
2.3 "Alley" means a narrow highway intended chiefly to give access the rear of buildings and
parcels of land and is a highway for the purposes of this bylaw;
2.4 "Authorized Agent" means a business acting on behalf of the Town for the purpose of
collection of this bylaw;
2.5 "Bicycle" means a cycle propelled by human power on which a person can ride, regardless
of the number of wheels it has, and includes a vehicle that;
2.5.1 may be propelled by muscular or mechanical power;
2.5.2 is fitted with pedals that are continually operable to propel it;
2.5.3 weighs not more than 35 kilograms;
2.5.4 has a motor that produces not more than 750 watts and that is driven by electricity
or has an engine displacement of not more than 50 cubic centimetres;
Last Amended January 22, 2013
2.5.5 has no hand or foot operated clutch or gearbox driven by the motor that transfers the
power to the driven wheel; and
2.5.6 Does not have sufficient power to enable it to obtain a speed greater than 35
kilometres per hour on level ground within a distance of 2 kilometres from a standing
start.
2.5.7 Surrey class bicycle;
2.6 "Block" means that portion of a highway, which lies between two other highways, neither
of which is an alley nor which both intersect the first named highway;
2.7 "Boulevard" means a boulevard as defined in the Act;
2.8 "Business Section" means all areas designated as central business highway commercial,
light industrial and general industrial as defined in the Town of Magrath Land Use Bylaw;
2.9 "Bylaw Officer" means an Enforcement Officer appointed or employed by the Town with
respect to the enforcement of bylaws of the Town of Magrath;
2.10"Chief Administrative Officer" is the person appointed by Council in accordance with
section 205 of the Municipal Government Act and is referred to throughout this bylaw as
"CAO";
2.11"Commercial Loading Zone" means a portion of a highway set aside adjacent to a curb
designated for the exclusive use of commercial vehicles for the loading or unloading of
materials and includes an area designated as such;
2.12"Commercial Vehicle" means a commercial vehicle as defined in the Act;
2.13"Council" means the Council of the Town of Magrath;
2.14"Curb" means the concrete or asphalt edge of a highway or the division point between the
highway and a boulevard or sidewalk;
2.15"Director of Operational Services" means the Director of Operational Services for the
Town of Magrath and includes any person who, on the directions of the Director of
Operational Services is working on behalf of the Director of Operational Services;
2.16"Development Officer" means the development officer for the Town of Magrath and
includes any person who, on the directions of the development officer is working on behalf
of the development officer;
2.17"Dangerous Goods" means dangerous goods as defined in the Dangerous Goods
Transportation and Handling Act R.S.A. 2000, c. D-4
2.18"Emergency Vehicle" means emergency vehicles as defined in the Act;
Last Amended January 22, 2013
2.19"Fire Lane" means an access route for fire department vehicles required by the Alberta
Building Code for fire fighting purposes and marked by signage as a fire lane;
2.20"He" means he/she as applicable;
2.21"Heavy Vehicle" is defined as follows: a vehicle with or without a load, exceeding any of
the following;
2.22.1 Three (3) axles
2.22.2 A registered gross vehicle weight of 4,500 kilograms or more;
2.22"Highway" means a highway as defined in the Act;
2.23"His" means his/hers as applicable;
2.24"Holiday" means a holiday as defined in the Interpretation Act R.S.A. 2000, c. I-8, and
includes a day or portion of a day proclaimed by the Mayor of the Town or by Council as a
Civic Holiday;
2.25"Holiday Trailer" means a trailer that is designated, constructed or equipped as a
permanent or temporary dwelling or sleeping place, or is intended or capable of being loaded
on or carried by a motor vehicle or trailer;
2.26"Loading Zone" includes a public loading zone, handicapped loading zone, commercial
loading zone, and a passenger loading zone or any of them, as the context requires.
2.27"Maximum Weight" means:
2.27.1 the maximum weight of a vehicle as recorded on the official registration
certificate or interim registration certificate for such vehicle issued by the
Government of the Province of Alberta; or
2.27.2 if there is no official registration certificate or interim registration certificate for
the vehicle, then the combined weight of the vehicle and the heaviest load shall be
in accordance with the Alberta Motor Transport Board Regulations;
2.28"Off-highway Vehicle" means an off-highway vehicle as defined in the Act;
2.29"Operator" means a person who drives or is in actual physical control of a vehicle;
2.30"Owner" means owner as defined in the Act;
2.31"Parade" means a procession or march organized for the purpose of entertainment of
spectators, displays, inspection or promotion of a cause or purpose;
2.32"Park" means to allow a vehicle (whether occupied or not) to remain standing in one place
except:
Last Amended January 22, 2013
2.32.1 when standing temporarily for the purpose of and while actually engaged in
loading or unloading passenger(s); or
2.32.2 when standing in obedience to a Peace Officer or traffic control device;
2.33"Peace Officer" means any member of the Royal Canadian Mounted Police, a sworn
member of a municipal police service, or a person appointed under the Peace Officer Act;
2.34"Person" shall include an individual, partnership or corporation;
2.35"Recreation Vehicle" means a boat, motor home type vehicle, recreational travel trailer
type vehicle designed or used for travel with temporary living accommodations for
vacations, temporary accommodations or camping purposes;
2.36"Roadway" means a roadway as defined in the Act;
2.37"Sidewalk" means a sidewalk as defined in the Act;
2.38"Special Highway Event" means an event or competition, taking place in whole or in part
on a highway involving walking, running, or the use of bicycles, motorcycles, cars or other
vehicles;
2.39"Town" means the Town of Magrath;
2.40"Traffic" means pedestrians, animals or vehicles while using the highway for the purpose of
travel;
2.41"Traffic Control Device" means a traffic control device as defined in the Act;
2.42'Traffic Violation Notice" means a document authorized by the Provincial Offences
Procedures Act R.S.A. 2000, c. P-34, pursuant to Part 2 and 3;
2.43"Trailer" means a trailer as defined in the Act"
2.44"UOHRORR" means the Use of Highways Rules of the Road Regulation;
2.45"Vehicle" means a vehicle as defined in the Act;
2.46"Violation Tag" means a document authorized by the Town of Magrath and issued pursuant
to section 23 of this bylaw.
3. TRAFFIC CONTROL AND SPEED
3.1 A Peace Officer may authorize such person(s) as deemed necessary to direct or regulate
traffic.
Last Amended January 22, 2013
3.2 Notwithstanding anything to the contrary contained in this or any bylaw, a Peace Officer
may operate a bicycle within the lawful execution of his duty on any sidewalk, footpath,
walkway, boulevard or other public place where the use of bicycles by the general public is
prohibited or restricted.
3.3 Unless otherwise posted the maximum speed limit in the Town is 50 kilometres per hour.
3.4 Notwithstanding subsection 3.3, Council may prescribe a lesser speed limit on a highway in
the Town and shall indicate such lesser speed by posting a traffic control device in the
location of where the speed limit is in effect. In addition, Council may also prescribe the
hours of the day in which the lesser speed is in effect.
3.5 No person shall drive a motor vehicle, in any school zone at a rate of speed greater than 30
kilometres per hour on any day school is in session between time period of 8:00 a.m. and
4:30 p.m.
3.6 No person shall drive a motor vehicle, in any playground zone at a rate of speed greater than
30 kilometres per hour between the hours of 8:00 a.m. and one hour after sunset.
3.7 No person shall drive a vehicle in or along an alley in the Town at a speed greater than 15
kilometres per hour.
4. TRAFFIC CONTROL DEVICES
4.1 The CAO is hereby delegated the power to prescribe where traffic control devices are to be
located on highways in the Town.
4.2 The CAO is hereby delegated the power to prescribe, by the placement of traffic control
devices, the location of school zones and playground zones.
4.3 The Director of Operational Services shall keep a record of the location of all traffic control
devices placed pursuant to this section.
4.4 Traffic control devices located in the Town of Magrath pursuant to this section shall be
deemed to have been placed in accordance with this Bylaw.
4.5 No person shall post or exhibit or cause to be posted or exhibited, any sign, marking or
device whatsoever upon any traffic control device.
4.6 Except in accordance with the Town of Magrath Land Use Bylaw, no person shall post or
exhibit or cause to be posted or exhibited, any sign, marking or device whatsoever upon any
highway, unless approved in writing by the CAO.
4.7 If a sign, marking or device is placed, maintained or displayed in contravention of section
4.5 or 4.6,
Last Amended January 22, 2013
4.7.1 a Peace Officer, or
4.7.2 a person authorized by the Town,
may, without notice or compensation, remove the sign, marking or device.
4.8 For the purposes of carrying out powers under subsection 4.7, the person exercising those
powers may enter on privately owned land.
5. PEDESTRIANS
5.1 No person shall cross a roadway in an unreasonable manner or otherwise impede the free
movement of vehicles on the roadway.
6. PARKING OR STANDING ON HIGHWAYS
6.1 Town Council may:
6.1.1 Authorize such other or additional parking spaces as it deems necessary on any
highway or other Town owned property for use as a parking space;
6.1.2 Cause the spaces so authorized to be marked for this purpose.
6.2 Unless specifically permitted by the other provisions of this bylaw, no owner or operator
shall park or permit to be parked any vehicle on any highway or public place for any period
longer than is permitted by the applicable traffic control device.
6.3 After a vehicle has been issued a violation tag for the first violation of subsection 6.2, a
vehicle remaining parked in excess of the time permitted on the sign a further Violation Tag
may be issued for such subsequent offences.
6.4 In order to determine the time for which a vehicle has been parked in a location where
parking has been restricted to a specific time, a Peace Officer or other person charged with
the enforcement of parking prohibitions and restrictions may place an erasable chalk mark
on the tread face of the tire of the stopped or parked vehicle without such Peace Officer or
other person of the Town incurring any liability for doing so.
6.5 No person shall remove an erasable chalk mark placed under subsection 6.4 while the
vehicle remains parked in the location where it was marked.
6.6 Unless the vehicle is placed in a portion of the highway where parking is allowed no
operator or owner shall park or stand or permit to be parked or leave standing a vehicle.
6.7 Except in the case of a breakdown or other emergency not allowing the vehicle to be moved
the owner or operator of a vehicle shall not stand or park it on the highway for the purpose
of servicing or repairing the vehicle.
Last Amended January 22, 2013
6.8 No owner or operator of a vehicle shall cause or permit such vehicle to be parked or left on
any highway if it is not of operable condition.
6.9 Subsection 6.8 does not apply to a vehicle, which has been left parked because of a
breakdown or other emergency if the person in charge or control of the vehicle can establish
that he has taken immediate action to arrange for the removal of the vehicle forthwith.
6.10No person shall park a trailer (whether designated for occupancy by a person or for the
carrying of goods, equipment, poultry or domestic or wild animals) upon any highway
unless the said trailer is attached to a vehicle by which it may be propelled or drawn and
when so attached the trailer shall be deemed part of the vehicle and subject to the regulations
pertaining to vehicles throughout this Bylaw or the Act;
6.11No person shall park any trailer or recreation vehicle on any highway or on Town property
at the same location in excess of 72 continuous hours within a seven (7) day period, with the
exception of campgrounds, or any other area as designated by council, within the Town of
Magrath. A trailer or recreation vehicle shall be deemed to be continuously parked in a
location unless it has been moved at least one block from that location or off of public
property within 72 hours. Parking of unattached trailers on any roadway is prohibited.
6.12Parking on highways within the corporate limits of the Town of Magrath shall be parallel
parking except where a sign or parking guidelines indicate that angle parking is permitted or
required.
6.13No person shall angle park any vehicle which exceeds six (6) metres in overall length upon
any highway of the Town except at such locations as have been designated by the Town and
have been marked, provided however, that the person may park in such other locations and
for such period of time as may be designated in writing by the CAO
6.14Where parking guidelines are visible on a roadway, no operator shall park or permit to be
parked a vehicle except within the limits of the lines designating a parking stall.
6.15No person shall park or permit the angle parking of any vehicle in a reverse position except
for the purpose of loading or unloading such vehicle.
6.16No person shall stand, park or permit to stand or park any vehicle on a highway in the
opposing direction to the flow of traffic commonly referred to as "parked on the wrong side
of the road" or "left of centre".
6.17No person shall park any vehicle at a bus stop or zone so designated by a sign.
6.18No vehicle may be parked at an angle to the curb in a cul-de-sac unless that vehicle is parked
in such a manner as not to interfere with the free flow of traffic in the cul-de-sac.
Last Amended January 22, 2013
6.19No owner or operator of a vehicle shall park or permit the parking of the vehicle so that the
front or rear bumper or either side of the vehicle is closer than sixty (60) centimetres to the
bumper or any side of another vehicle.
6.20Unless permitted by a traffic control device, in compliance with a direction given by a Peace
Officer or to avoid conflict with other traffic, a person shall not stop or park or permit the
stopping or parking of a vehicle in the following locations:
6.20.1 on a sidewalk or boulevard;
6.20.2 on a crosswalk or on any part of a crosswalk;
6.20.3 within an intersection other than immediately next to the curb in a "T"
intersection
6.20.4 at an intersection nearer than 5 metres to the projection of the corner property line
immediately ahead or immediately to the rear, except when the vehicle is parked
in a space where a traffic control device indicates parking is permitted;
6.20.5 in the case of an approach to a stop sign or yield sign, within 5 metres from the
stop sign or yield sign;
6.20.6 within 5 metres from any fire hydrant, or when the hydrant is not located at the
curb, within 5 metres from the point on the curb nearest the hydrant;
6.20.7 within 1.5 metres from an access to a garage, private road or driveway or a
vehicle crossway over a sidewalk;
6.20.8 within 5 metres from the near side of a marked crosswalk;
6.20.9 alongside or opposite any street excavation or obstruction when the stopping or
parking would obstruct traffic;
6.20.10 on any bridge or culvert or on the approaches to either of them;
6.20.11 At any place where a traffic control device prohibits stopping or parking, during
the times stopping or parking is so prohibited;
6.20.12 At or near the site of any fire, accident or other emergency, if stopping or parking
would obstruct traffic or hinder emergency vehicles or Peace Officers, Firemen,
ambulance drivers or assistants or rescue officers or volunteers.
6.21No owner or operator shall stop or park or permit the stopping or parking, of the vehicle in
any marked fire lane.
Last Amended January 22, 2013
6.22No owner or operator of a vehicle shall stop or park or permit the stopping or parking of the
vehicle in a manner where the vehicle may interfere with the use of a doorway marked on
the exterior as a fire or emergency exit from any building.
7. PARKING ON AN ALLEY
7.1 No owner or operator of a vehicle shall stop or park or permit the stopping or parking of a
vehicle on either side of any alley in front of or within 1.5 meters of a driveway or garage
entrance entering into the alley
7.2 No owner or operator of a vehicle shall stop or park or permit the stopping or parking of a
vehicle in such a manner, location or circumstances that it blocks an alley or impedes the use
of the alley by another vehicle.
7.3 No owner or operator of a vehicle shall stop or park or permit the stopping or parking of a
vehicle in such a manner that the vehicle is in front of or within 1 meter of the side of any
refuse container or storage area located adjacent to any alley.
7.4 No owner or operator shall park or permit any vehicle to be parked in an alley such that any
part of the vehicle is within 3 meters of an electrical transformer.
8. UNAUTHORIZED PRIVATE PARKING
8.1 No owner or operator of a vehicle shall park or permit the parking of a vehicle on any
private property without the prior permission of the owner or tenant, occupant or person in
control of the private property.
8.2 Notwithstanding the provisions of Subsection 8.1, where, on private property used for
commercial or industrial purpose or property owned by the Town of Magrath with land
designated for parking space or spaces or a parking area that is provided for the parking of
the vehicles of persons who are customers or patrons of or who are otherwise doing business
with the owner, tenant, or occupant or the person in charge of the property and the space is
clearly designated by permanent posted signage, as being,
8.2.1 private property; and
8.2.2 set aside for the parking only of vehicles:
8.2.2.1 for customers, patrons, or persons doing immediate business with the owner, tenant,
occupant, or the person in charge of the property; or
8.2.2.2 for persons immediately using a facility or service supplied by the owner, tenant,
occupant, or person in charge of the property;
Last Amended January 22, 2013
8.2.2.3 An owner or operator of a vehicle who is not subject to subsection 8.2.2.1 or 8.2.2.2
shall not park or leave his vehicle on the parking space, spaces or area so designated.
8.3 A person owning or occupying or in charge of private property who observes any person or
persons violating the provisions of subsection 8.1 or 8.2 has the right to remove the vehicle
from said property as long as proper signage is in place warning the owner or operator of
said vehicle can be towed at his own expense and the name and contact number of the tow
company is clearly visible on the signage. Upon removal of such said vehicle the local
RCMP Detachment must be advised of the vehicles removal.
8.4 A Peace Officer may cause any vehicle parked contrary to subsection 8.1 or 8.2 to be
removed from the site and to be impounded at a storage facility chosen by the Peace Officer
for this purpose.
8.5 In addition to impounding the vehicle, a complaint may be laid against the owner or the
person in charge of the illegally parked vehicle for the violation of the provisions of this
section.
8.6 In lieu of, or in addition to, the removal and impounding of the vehicle a Peace Officer for
this purpose may place a Violation Tag upon the vehicle parked in contravention of this
section.
9. EXEMPTIONS FROM PARKING PROVISIONS
9.1 Notwithstanding anything elsewhere contained in this bylaw the provisions relating to
stopping or parking of vehicles do not apply to:
9.1.1 Emergency vehicles;
9.1.2 Service vehicles used in conjunction with the servicing of public utilities
including telephone systems, electric systems, natural gas systems and cablevision
system;
9.1.3 Municipal and other government public works vehicles;
9.1.4 Funeral vehicles; or
9.1.5 Towing services vehicles.
9.2 Where the owner or operator of a vehicle stops, stands or parks pursuant to subsection 9.1
contrary to other provisions of this bylaw he shall take due precaution to indicate the
presence of such vehicle on any highway while so parked or stopped.
10. PARKING FOR PERSONS WITH DISABILITIES
10.1In this section,
Last Amended January 22, 2013
10.1.1 "permit" means a valid handicapped placard or licence plate that is issued or
recognized by the Solicitor General;
10.1.2 "public property" means public property that the public is ordinarily entitled or
permitted to use for the passage or parking of vehicles; and
10.1.3 "Private property" means private property that the public is ordinarily entitled or
permitted to use for the passage or parking of vehicles.
10.2The CAO is hereby authorized to designate parking places on public property for the
exclusive use of persons with disabilities who display a permit on their vehicles.
10.3The Director of Operational Services shall cause any parking place designated pursuant to
subsection 10.2 to be marked with a sign or other markings approved by the Director of
Operational Services.
10.4The owner, tenant, occupant or person in control of private property may designate any
number of parking spaces on the property for the exclusive use of persons with disabilities
who display a permit on their vehicles.
10.5An owner, tenant, occupant or person in control of private property who designates a
parking space pursuant to subsection 10.4 shall cause the parking space to be marked with a
sign or other markings approved by the Director of Operational Services or similar to that
approved by the Director of Operational Services.
10.6A parking space that prior to the coming into force of this section has been marked by a sign
or other markings as being a parking space for the exclusive use of persons with disabilities
who display a permit on their vehicles shall be deemed to be a parking space designated
pursuant to subsection 10.2 or 10.4, provided that the sign or other markings is in a form
approved by the Director of Operational Services or similar to that approved by the Director
of Operational Services.
10.7No person shall stop or park a vehicle in a parking space designated pursuant to this section
unless:
10.7.1 a permit is displayed on the vehicle, and
10.7.2 The vehicle is operated by, or is being used to transport, a person with a disability.
11. LOADING ZONES
11.1No owner or operator of a vehicle shall park or stop or permit the parking or stopping of a
vehicle in a commercial loading zone unless:
11.1.1 The vehicle is actively engaged in the loading or unloading of merchandise or
other materials for a period of time not exceeding (20) twenty minutes.
Last Amended January 22, 2013
11.2No owner or operator of a vehicle shall leave a vehicle in a passenger loading zone unless
actively engaged in the loading or unloading of passengers for a period of time not to exceed
(15) fifteen minutes.
12. TEMPORARY CLOSURES
12.1The Director of Operational Services is hereby authorized to temporarily close the whole or
in part of a highway at any time that a construction or maintenance project on or adjacent to
the highway may create a hazard.
12.2No person shall make use of a highway in any manner contrary to any restriction,
prohibition or designation pursuant to subsection 12.1.
13. PARADES / SPECIAL HIGHWAY EVENTS / FUNERALS
13.1No person shall participate in any parade or special highway event on a highway unless
permission for the event has been obtained by way of permit from the CAO of Magrath and
Alberta Transportation in the case of a parade or special event on a highway.
13.2When permission has been obtained for a parade or a special highway event:
13.2.1 Notwithstanding any provisions of this bylaw, a person or persons may
congregate on the sidewalks in order to view the parade or procession,
13.2.2 The Town's Director of Operational Services or Peace Officer may close all or
portions of a highway along the route for the anticipated time of the parade or
special event and for such additional time as necessary to again clear the highway
for normal traffic, and
13.2.3 The Director of Operational Services may temporarily suspend parking and
loading privileges on all or a portion of a highway on the proposed route by
posting no parking signs.
13.2.4 In the event vehicle(s) are parked on the designated route, a Peace Officer(s), at
the owner's expense, shall remove said vehicle(s) and have it impounded or
relocated at the discretion of the Peace Officer(s)
13.3Any person wishing to organize or arrange a parade or special highway event shall advise
the CAO of the proposed route and complete, at least seven (7) days prior to the time of the
parade or special highway event, the application for a parade or special highway event
permit established by the Town from time to time.
13.4The CAO may unconditionally approve, approve with conditions or refuse an application for
a parade or special highway event.
Last Amended January 22, 2013
13.5No person driving any vehicle shall drive through, nor shall any pedestrian walk through the
ranks of any military or funeral procession or through the ranks of any other authorized
parade or procession, or in any way obstruct, impede or interfere with the same.
13.6If any funeral procession is in the process of proceeding along any highway, any Peace
Officer may regulate all traffic in the vicinity.
14. CYCLISTS
14.1Unless the context otherwise requires, a person operating a bicycle on a highway has all the
same rights and is subject to all the rules that any vehicle operator has under this bylaw.
14.2No person shall ride a bicycle, skateboard or inline skates, in the following areas within
the Town:
14.2.1 On the sidewalks of 1st Street West between 1st Avenue South and Harker Avenue
during the hours of 8:00 a.m. and 6:00 p.m.
14.3Notwithstanding Subsection 16.1, a carrier of a newspaper may ride a bicycle on a sidewalk,
or boulevard:
14.3.1 If he is delivering copies of the newspaper at the time; and
14.3.2 If the bicycle does not interfere with other persons travelling on the said sidewalk,
footpath or boulevard.
14.4The Town Council may designate those portions of sidewalks, footpaths and boulevards
where persons may ride bicycles.
14.5Where this bylaw permits a person to ride a bicycle or use in-line skates, scooters,
skateboards on a sidewalk, and notwithstanding any provisions of any other Bylaw, shall
only be operated in such a way that it will not interfere with a pedestrian lawfully on or
using such sidewalk.
14.6A Peace Officer may seize and impound for a period not exceeding 30 days any bicycle,
scooter, or skateboard used or operated in contravention of this bylaw.
14.7Where a bicycle, scooter or skateboard, has been seized and impounded by a Peace Officer
as provided for in subsection 15.6, the owner or operator of such bicycle, scooter or
skateboard shall, in addition to any fine or penalty to which he may be subject, be liable for
all reasonable costs incidental to the seizure and impounding of the bicycle, scooter or
skateboard.
15. USE OF SIDEWALKS
Last Amended January 22, 2013
15.1Except as otherwise provided in subsection 16.2, a person shall not, on or along a sidewalk
or boulevard:
15.1.1 Drive, lead or allow a hoofed animal to walk;
15.1.2 Drive, draw or push any motor vehicle;
15.1.3 Ride a horse; or
15.1.4 Draw, push, propel or ride a wheeled vehicle of any description.
15.2Notwithstanding the provisions of subsection 16.1, a person may draw, push or propel:
15.2.1 A mobility aid for the disabled on or along a sidewalk in such a way as to not
interfere with other pedestrians using the sidewalk.
16. TRUCK ROUTES
16.1No person shall park heavy vehicles within the municipal boundaries of the Town in areas
designated in the Land Use Bylaw as residential or public zoning.
16.1.1 Notwithstanding section 16.1 On Monday, Tuesday, Wednesday, Thursday,
Friday and Saturday between the hours of 7:00 a.m. and 7:00 p.m. heavy vehicles
are permitted to park in the areas marked in Schedule G.
16.2Notwithstanding subsection 6.2, heavy vehicles that are actively delivering or collecting
goods may be parked in areas designated in the Land Use Bylaw as residential or public
zoning.
16.3No person shall operate a heavy vehicle on any highway in the Town, except on Provincial
Highway 62.
16.4Notwithstanding subsection 6.2, the following heavy vehicles are authorized to operate on
non-truck routes:
16.4.1 Public passenger buses or school buses being operated for the purpose of
receiving or delivering passengers;
16.4.2 Emergency vehicles being operated in the service of public interest or during an
emergency;
16.4.3 Utility vehicles being operated for the purpose of installing, servicing or repairing
public utilities;
16.4.4 Town vehicles being operated in the service of the Town, or
Last Amended January 22, 2013
16.4.5 Commercial vehicles delivering or collecting goods, provided that the most direct
route, from a truck route, is used and such deliveries or collections are made
between the hours of 7:00 a.m. and 11:00 p.m. on any one day.
17. DANGEROUS GOODS ROUTES
17.1No person shall park Dangerous Goods within the municipal boundaries of the Town in
areas designated in the Land Use Bylaw as residential or public zoning.
17.2Notwithstanding subsection 6.2, heavy vehicles that are actively delivering or collecting
Dangerous Goods may be temporarily parked in areas designated in the Land Use Bylaw as
residential or public zoning.
17.3No person shall operate a vehicle transporting Dangerous Goods on any highway in the
Town, except on Provincial Highway 62.
18. SNOW AND ICE REMOVAL
18.1All persons owning or occupying premises in the Town, shall clear away and remove all
snow, ice, dirt and other obstructions from the sidewalk situated on land adjoining the
property owned or occupied by them within 24 hours of the time that such snow, ice, dirt or
other obstructions were deposited thereon.
18.2The Town may after the expiration of the 24 hours aforesaid, remove and clear away all
snow, ice, dirt and other obstructions required to be removed in subsection 19.1, and charge
the expenses thereof to the owner or occupant. In the event of non-payment within (30)
thirty days, of the expenses, such expenses shall be charged against the property as a special
assessment to be recovered in a like manner as other taxes.
18.3The Director of Operational Services may cause moveable signs to be placed on or near a
highway instructing persons in control of vehicles to move their vehicles to facilitate snow
removal.
18.4After signage is displayed pursuant to subsection 19.3, during snow removal or highway
cleaning operations carried on by the Director of Operational Services and or their
contractors, the Town may tow or remove or impound vehicles from the highway being
cleaned or from which snow is being removed, when such said vehicle impedes snow
removal or cleaning operation.
18.5No persons owning or occupying premises or contractors conducting snow removal shall
stock pile snow on Town property or on roadway.
19. MISCELLANEOUS RESTRICTIONS
19.1Where an unprotected hose of the Town of Magrath Fire Department or any assisting Fire
Department has been laid down on a highway or a driveway no person shall drive a vehicle
Last Amended January 22, 2013
over such hose unless an official of the Town of Magrath's Fire Department, at the scene,
has specifically allowed him to do so.
19.2Except in emergency braking situations, the use of engine retarder brakes, including a Jake
Brake, or similar devices is prohibited within the Town limits.
19.3No person shall pass beyond a point designated by a Peace Officer or a member of the Fire
Department near the location of a fire or emergency scene.
19.4No person shall drive, propel or move on or over any highway within the Town, any vehicle
or other type of equipment or thing(s) which damages or is likely to damage the highway.
19.5No person shall allow any dirt, sand, gravel, cement or any other material to be deposited on
a highway.
19.6No person shall tear down, remove, or interfere with any signs, signals, barricades, flares or
other things placed in accordance with the provisions and regulations of the Act or this
bylaw.
19.7No person shall cast or throw stones, balls of snow or ice, or any object on any of the
highways within the Town.
19.8No person shall place any goods or wares or merchandise or other articles of any kind upon
any sidewalk or highway, or shall expose any goods, wares or merchandise or other articles
outside any shop, warehouse or building which shall project over any part of the sidewalk or
highway, unless written permission is obtained from the Town.
19.9No person shall lay or place an extension cord for any reason, across a sidewalk or
boulevard.
19.10 No person shall operate an off-highway vehicle within the Town other than for the
purpose of snow removal.
19.11 No person shall travel on any highway on a sled, toboggan or skis attached to any motor
vehicle by their hands, rope, or any other means for the purpose of being pulled.
19.12 No operator of a motor vehicle shall permit any person to attach to a motor vehicle by
their hands, rope or other means for the purpose of being pulled by the motor vehicle.
19.13 No person shall distribute dust suppressant, oil discard, or any other product onto the
highway which, in the opinion of a Peace Officer, would create a slippery or dangerous
highway surface. Person(s) responsible for such distribution shall be liable for clean-up
and/or repair costs.
19.14 No person shall set fire to any combustible material on any highway, boulevard or
sidewalk.
Last Amended January 22, 2013
19.15 No person shall operate a motor vehicle on a highway in the Town in such a manner that
the said vehicle crosses from one side of the highway to the other side thereon between
intersecting highways for the purpose of entering or exiting a parking stall.
19.16 No person shall cause a disturbance in or near a public building, street or boulevard by;
19.16.1 Fighting, screaming, shouting, swearing, or using insulting or obscene
language,
19.16.2 Being drunk,
19.16.3 Impeding or molesting other persons, or
19.16.4 Loitering in a public place which in any way obstructs persons who are in that
place.
20. OBSTRUCTIONS TO VISION
20.1No person shall permit any erected fence, hedge, tree, or shrub, whenever planted, on
property owned or occupied by him located within the triangle formed on a corner site by
the two curb lines adjoining an intersection, including a lane intersection and two points
located 10.0 meters where the curb lines meet, herein referred to as the "corner sight
triangle" in schedule 'F', to grow or remain at a height greater than 1.2 meters.
20.2If a person is directed by a Peace Officer to reduce any erected fence, hedge, tree or shrub
located in a corner visibility triangle to a height not in excess of 1.2 meters, and fails to carry
out such direction within 7 days of receipt of such direction, the Town may remove any such
hedge, tree, or shrub or reduce it to the required height, and if the cost of such work is not
paid on demand by the owner or occupant of the property in question, the Town may recover
the expenses of such work, with costs, by action in any court of jurisdiction, or may charge
the expense of the work as taxes against such property.
20.3No person shall continue the existence of a fence, wall or other object on private property so
that the visibility for safe traffic is interfered with.
20.4The maximum height referenced in section 20 shall be measured from the top of the curb
where there is a sidewalk or from the level of the crown of the highway where there is no
sidewalk.
21. AUTHORITY OF COUNCIL
21.1Subject to conditions in this bylaw, Council hereby authorizes the CAO, Director of
Operational Services and a Peace Officer to make provisions and regulations in times of
emergencies and in areas where construction or repairs are being carried out upon or near
highways, relating to the control and regulation of traffic, and without restricting the
Last Amended January 22, 2013
generality of the foregoing, may make provisions and regulations in order to temporarily
close to traffic any highway or part thereof, and to suspend temporarily any parking
privileges granted by this bylaw. The CAO, the Director of Operational Services and a Peace
Officer is hereby authorized to place on a highway, a sign warning persons of any
regulations and provisions that are in effect, and may cause such additional signs and traffic
control devices to be so placed and to cause to be placed such barricades, flares or other
things as he deems necessary to implement the provisions and regulations so imposed.
22. POWERS OF A PEACE OFFICER
22.1Any Peace Officer is hereby authorized to remove or cause to be removed any vehicle(s)or
trailer(s):
22.1.1 Operated or parked in contravention of any provision of this bylaw, or
22.1.2 Where emergency conditions may require such removal from a highway, such
vehicle(s) may be removed to a place designated by the Peace Officer where it
will remain until cleared by the owner thereof or his agent.
22.2No impounded vehicle shall be released to its owner or his agent until the impound charges
and removal charges on the vehicle have been paid to the Town; such charges shall be in
addition to any fine or penalty imposed in respect of any such violation, or to any payment
made in lieu of prosecution as herein after provided. The Town is not responsible for any
towing charges.
22.3Where a Peace Officer has reasonable grounds to believe a person has committed a breach of
any of the sections of this bylaw listed in Schedules 'A' to 'E', inclusive, hereunto annexed
and made part of this bylaw, he may serve upon such person(s) a "Violation Tag" allowing
payment of a penalty to the Town of Magrath which shall be accepted by the Town of
Magrath in lieu of prosecution for the offence.
22.4A "Violation Tag" may be:
22.4.1 Personally served; or
22.4.2 Attached to any vehicle in respect of which any offence is alleged to have been
committed; or
22.4.3 Sent by registered mail to the address of the registered owner of the vehicle or to
the person in possession of said vehicle.
22.5Penalties as per schedules 'A' to 'E', inclusive, may be accepted in lieu of prosecution for a
contravention of this bylaw. Upon payment in accordance with the terms specified in the
Violation Tag, an official receipt for the payment shall be issued and, pursuant to the
provisions of subsections 23.7 and 23.8 such payment shall be accepted in lieu of
prosecution.
Last Amended January 22, 2013
22.6Any person receiving such tag for a breach of this Bylaw by any method stated in subsection
23.5, the fine amount will be reduced 50% if the payment of the penalty is paid to the Town
of Magrath within 14 days from the offence date.
22.7If after the 14 day time period expires for payment of a Violation Tag, a person tenders
payment, such payment shall be accepted in lieu of prosecution provided that the unreduced
payment is tendered three days preceding the court appearance date specified in any Traffic
Violation Notice subsequently issued for the same offence.
22.8If the person upon whom the Violation Tag is served fails to pay the required sum within the
time specified, the provisions of this section for acceptance of payment in lieu of prosecution
do not apply.
22.9Nothing in this section shall:
22.9.1 Prevent any person from exercising his right to defend any charge of committing a
breach of any of the sections referred to in schedules 'A' to 'E', inclusive, to this
bylaw;
22.9.2 Prevent any Peace Officer, in lieu of serving a violation tag, or any other person
from laying an information or a complaint against any other person for
committing a breach of any of the sections listed in the said schedules; or
22.9.3 Prevent any person from exercising any legal right such person may have to lay an
information or a complaint against any other person (whether such other person
has made a payment under the provisions of this bylaw or not) for a breach of any
sections listed in the said schedules.
22.10 No person other than the owner or operator of a vehicle shall remove any Violation Tag
placed on or affixed to the vehicle by a Peace Officer in the course of his duties.
22.11 No person other than a Peace Officer or another person authorized by the Town of
Magrath or by this bylaw shall place a Violation Tag on any vehicle.
23. COST INCURRED BY THE TOWN
23.1If a person is in default in doing any matter or thing which this Bylaw directs that he should
do, the matter or thing may be done by the Town of Magrath at the expense of the person in
default and if the person in default does not pay such expense promptly upon being invoiced,
the Town may recover the expenses thereof with costs by action in any court of competent
jurisdiction.
23.2If, by reason of contravention of any provisions of this bylaw, the Town of Magrath is
authorized or required to move a motor vehicle from a place where it is parked and impound
the motor vehicle; then the amount of the expense so incurred shall be:
Last Amended January 22, 2013
23.2.1 Added to the amount of any fine or penalty which may be imposed by reason of
the contravention; or
23.2.2 Added to the amount of payment to be made in lieu of prosecution as provided in
section 23.3.
24. PENALTIES
24.1Subject to the provisions of subsection 22.4, a person contravening a provision of this Bylaw
and any other person liable or responsible for such contravention shall upon summary
conviction before a court of competent jurisdiction be liable to a fine not exceeding twenty-
five hundred dollars ($2500.00) exclusive of costs, or, in event of non-payment of the fine
and costs, to imprisonment for a period not exceeding six (6) months unless such fine and
costs including the cost of committal are sooner paid.
24.2Notwithstanding subsection 24.1, no person convicted of an offence by reason of
contravention of a provision of this bylaw shall be liable to imprisonment for non-payment
of a fine and costs imposed upon summary conviction, therefore, unless he was the person
actually driving the motor vehicle at the time the contravention of the bylaw occurred.
25. TRANSITION SECTION
25.1All traffic control devices which are in place on the effective date of this Bylaw shall be
deemed to be a valid traffic control device for the purpose of this Bylaw.
25.2All school zones, playground zones, loading zones, bus zones, and other marked parking
spaces in effect immediately prior to the coming into force of this bylaw shall continue in
effect until removed.
This Bylaw comes into full force and effect upon third and final reading.
Read a first time this 11th day of December 2012.
Read a second time this 12th day of March 2013.
Read a third time and passed this 12th day of March 2013.
Signed copy available at Town Office
Signed copy available at Town Office
_____________________________________
__________________________________
Mayor - Russ Barnett
CAO - Wade Alston
Last Amended January 22, 2013
Last Amended January 22, 2013
APPENDIX A
SCHEDULE "A" OFFENCES
S. 5.5
Jaywalking
$30.00
S. 6.2
Overtime parking
$30.00
S. 14.2
Prohibited operation of bicycle
1st $30.00
2nd $50.00
S. 14.5
Riding bicycle that interferes with pedestrians
$30.00
S. 15.1
Prohibitions relating to sidewalks
S. 15.1.1 Allow hoofed animal
$30.00
S. 15.1.2 Have motor vehicle
$30.00
S. 15.1.3 Ride a bicycle
$30.00
S. 15.1.4 Ride a horse
$30.00
S. 15.1.5 Operate a wheeled vehicle
$30.00
SCHEDULE "B" OFFENCES
S. 3.3
Exceed 50 km/h
As per TSA guidelines
S. 3.5
Exceed 30 km/h in School zone
"
S. 3.6
Exceed 30 km/h in Playground Zone
"
S. 3.7
Exceed 15 km/h in an alley
"
SCHEDULE "C" OFFENCES
S. 4.5
Post material on a traffic control device
$75.00
S. 4.6
Post material on a highway
$75.00
S. 6.5
Remove chalk from tires
$75.00
S. 6.6
Abandoned vehicle
$75.00
S. 6.7
Servicing vehicle on highway
$75.00
S. 6.8
Park inoperable vehicle on highway
$75.00
S. 6.10
Park unattached trailer on highway
$75.00
S. 6.10
Park recreational vehicle or trailer exceeding 72 hrs.
$75.00
S. 6.11
Park on playground/boulevard etc.
$75.00
S. 6.13
Oversized vehicle in angle parking stall
$75.00
S. 6.14
Improper angle parking
$75.00
S. 6.15
Angle park in reverse
$75.00
S. 6.16
Park on wrong side of highway
$75.00
S. 6.17
Park in bus zone
$75.00
S. 6.18
Angle park in cul-de-sac
$75.00
S. 619
Park to close to another vehicle
$75.00
S. 6.20
Stopping and Parking
6.20.1
Sidewalk or boulevard
$75.00
6.20.2
Crosswalk
$75.00
6.20.3
In an intersection
$75.00
6.20.4
Within 5 metres of intersection
$75.00
6.20.5
Within 5 metres of stop/yield sign
$75.00
6.20.6
Within 5 metres of fire hydrant
$75.00
6.20.7
Within 1.5 metres of garage/driveway/private road
$75.00
6.20.8
Within 5 metres of marked crosswalk
$75.00
6.20.9
Park along excavation/obstruction to obstruct traffic
$75.00
6.20.10 Park on bridge/culvert or approach
$75.00
6.20.11 Park contrary to traffic control device
$75.00
6.20.12 Park at emergency scene to obstruct personnel
$75.00
Last Amended January 22, 2013
S. 7.1
Park within 1.5 metres of garage entrance to alley
$75.00
S. 7.2
Block or impede alley traffic
$75.00
S. 7.3
Park too close to refuse container
$75.00
S. 7.4
Park within 3 metres of transformer
$75.00
S. 8.1
Park without permission of owner
$75.00
S. 8.2
Fail to obey signage on private property
$75.00
S. 10.7
Park in handicapped parking
$75.00
S. 11.1
Park in commercial loading zone
$75.00
S. 11.2
Park in passenger loading zone
$75.00
S. 13.5
Impede parade or procession
$75.00
S. 19.2
Use engine retarder brake in Town
S. 18.5
Deposit snow on hwy
$75.00
S. 19.5
Deposit dirt/sand/gravel etc. on hwy
$75.00
S. 19.7
Throw objects on hwy.
$75.00
S. 19.8
Golf balls onto hwy.
$75.00
S. 19.9
Goods for sale on sidewalk/hwy
$75.00
S. 19.10
Extension cord on sidewalk
$75.00
S. 19.12
Coast on hwy
$75.00
S. 19.13
Permit coasting on hwy
$75.00
S. 19.15
Set fire on hwy/boulevard
$75.00
S. 19.16
Cross hwy to park on opposite side
$75.00
SCHEDULE "D" OFFENCES
S. 6.23
Park in fire lane
$150.00
S. 6.24
Park in emergency exit of building
$150.00
S. 12.2
Use highway that has been closed
$150.00
S. 19.1
Drive over fire hose
$150.00
S. 19.3
Pass emergency points at scene
$150.00
S. 19.4
Operate equipment that cause/may cause damage
$150.00
S. 19.6
Tamper with signs/signals/etc.
$150.00
S. 19.11
Operate off-hwy vehicle in Town
$150.00
S. 19.14
Distribute unsafe material on hwy
$150.00
S. 19.17
Cause a disturbance
$300.00
S. 20.1
Obstruction of view with fence/hedge/tree/etc.
$150.00
SCHEDULE "E" OFFENCES
S. 13.1
Hold a parade/event without permit
$250.00
S. 16.1
Park truck in residential area
1st $250.00
2nd $500.00
S. 16.3
Operate truck off route
1s t $250.00
2nd $500.00
S. 17.1
Park dangerous goods in Town
1st $500.00
2nd $750.00
S. 17.3
Operate dangerous goods off route
1st $500.00
2nd $750.00
$75.00
Last Amended January 22, 2013
SCHEDULE 'F'
(Corner sight triangle)