Medicine Hat, Alberta
· No. 4346
· adopted 2017-09-05
· summary & facts
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BYLAW NO. 4346
CONSOLIDATION OF A BYLAW OF THE CITY OF MEDICINE HAT to regulate and
control the use of Highways.
WHEREAS pursuant to sections 13 and 14 of the Traffic Safety Act, a Council may pass
bylaws with respect to Highways under its direction, control and management;
AND WHEREAS pursuant to section 7 of the Municipal Government Act, a Council may
pass bylaws for municipal purposes respecting the safety, health and welfare of people and
the protection of people and property;
NOW THEREFORE THE MUNICIPAL CORPORATION OF THE CITY OF MEDICINE
HAT, IN COUNCIL ASSEMBLED, ENACTS AS FOLLOWS:
TITLE, INTERPRETATION AND DEFINITIONS
1.
This Bylaw may be referred to as the "Public Roads Bylaw".
2.
In this Bylaw the definitions set out in the Act shall apply, except as may be modified
by this Bylaw.
3.
Without limiting the generality of section 2, in this Bylaw the following terms have
the meaning given to them in the Act:
(a)
Commercial Vehicle
(b)
Emergency Vehicle
(c)
Highway
(d)
Mobility Aid
(e)
Motor Vehicle
(f)
Pedestrian
(g)
Peace Officer
(h)
Private Passenger Vehicle
(i)
Registrar
(j)
Roadway
(k)
Trailer
(l)
Vehicle
4.
In this Bylaw, the following terms shall have the meaning set out in this section:
(a)
"Act" means the Traffic Safety Act, RSA 2000, CH-T-6, as amended from
time to time, and includes all regulations made under the Traffic Safety Act;
(b)
"Alley" means a narrow Highway intended chiefly to give access to the rear
of buildings and parcels of land;
(c)
"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:
i.
may be propelled by muscular or mechanical power;
PAGE 2 OF BYLAW NO. 4346
ii.
is fitted with pedals that are continually operable to propel it;
iii.
weighs not more than 35 kilograms;
iv.
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;
v.
has no hand or foot operated clutch or gearbox driven by the motor that
transfers the power to the driven wheel; and
vi.
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;
(d)
"Boulevard" means the area between the edge of a Roadway and the legal
property line of the immediately adjacent property, except the area covered
by a public Sidewalk;
(e)
"Bicycle Lane" means any part of the Highway designated pursuant to
section 53 of this Bylaw;
(f)
"Bus" means a Motor Vehicle designed for carrying more than 13
passengers that is used or intended to be used for the transportation of
persons;
(g)
"Bus Stop" or "Bus Zone" means a designated portion of Highway
adjacent to the Curb reserved exclusively for the loading and unloading of
Buses;
(h)
"Bylaw Enforcement Officer" means any police officer, peace officer or
other person appointed or employed by the City to enforce bylaws;
(i)
"Bylaw No. 1805" includes any bylaw to amend or replace Bylaw No. 1805;
(j)
"Bylaw No. 2339" includes any bylaw to amend or replace Bylaw No. 2339;
(k)
"CAO" means the Chief Administrative Officer of the City and includes any
person to whom the Chief Administrative Officer's powers are delegated, or
any person appointed to act in the absence of the Chief Administrative
Officer;
(l)
"Chief of Police" means the Chief of Police of the City and includes any
person to whom the Chief of Police's powers are delegated or any person
appointed to act in the absence of the Chief of Police;
(m)
"City" means the municipal corporation of the City of Medicine Hat or the
area contained within the City boundaries as the context requires;
(n)
"Council" means the municipal Council of the City, duly assembled and
acting as such;
(o)
"Crosswalk" means:
i.
that part of a Roadway at an intersection included within the connection
of the lateral line of the Sidewalks on opposite sides of the Highway
measured from the Curbs or, in the absence of Curbs, from the edges
of the Roadway; or
ii.
any part of a Roadway at an intersection or elsewhere distinctly
indicated for Pedestrian crossing by signs or by lines or by other
markings on the road surface;
(p)
"Cul-de-Sac" means local roads which are terminated at one end, with the
provision for turning Vehicles;
PAGE 3 OF BYLAW NO. 4346
(q)
"Curb" means the concrete or asphalt edge of a Roadway or the division
point between the Roadway and Boulevard or Sidewalk;
Amended by:
(q.1)
"E-Sccoter" means a Motor Vehicle that:
Bylaw 4699
i.
has two wheels, a handlebar, a floorboard that is designed to be
May 17, 2022
stood upon while riding and is powered by an electric motor; and
ii.
has a permit to operate granted by the province of Alberta;
(r)
"Fire Lane" means an access route for fire department Vehicles that is
marked by a Traffic Control Device as a Fire Lane;
(s)
"Heavy Truck" means a Motor Vehicle with a gross weight of six thousand
five hundred (6500) Kilograms or more, or exceeding eleven (11) metres in
length but does not include:
i.
a Public Passenger Vehicle;
ii.
a Motor Vehicle owned by or actually in the service of the City; or
iii.
a Private Passenger Vehicle;
(t)
"Heavy Truck Route" means the Heavy Truck Route and areas included in
the Heavy Truck Route, shown and described in Schedule "C" of this Bylaw;
(u)
"Heritage Trail System" means the system of asphalt trails in the City
established and updated from time to time by the City and intended primarily
for use by Pedestrians and cyclists;
(v)
"House Trailer" means a Vehicle that:
i.
is capable of being attached to and drawn by a Motor Vehicle, and
ii.
is designed, constructed or equipped as a dwelling place, living abode
or sleeping place;
(w)
"Loading Zone" means a portion of the Roadway adjacent to the Curb set
aside for the loading or unloading of passengers and merchandise or other
materials and marked by a Traffic Control Device as a Loading Zone;
(x)
"Metered Space" means any portion of a Highway or other parcel of land
marked out for the accommodation of a Motor Vehicle and adjacent to which
a Parking Meter has been installed;
(y)
"Overweight Motor Vehicle" means any Vehicle requiring an overweight
Permit pursuant to Alberta Regulation 315/2002, the Commercial Vehicle
Dimension and Weight Regulation, as amended;
(z)
"Parade, Procession or Special Event" means any gathering or march on
a Highway organized for the purpose of entertainment of spectators, display,
inspection or for the promotion of a cause or a purpose, which has the
potential to interfere with the free flow of Vehicles or Pedestrians;
(aa)
"Park", "Parked" or "Parking", when prohibited, means allowing a Vehicle
to remain stationary in one place, except:
i.
while actually engaged in loading or unloading passengers; or
ii.
when complying with a direction given by a Bylaw Enforcement Officer
or Traffic Control Device;
(bb)
"Parking Meter" means a mechanical device for the computation of time
that a Motor Vehicle may be Parked in a Metered Space;
(cc)
"Permit" means a written permission issued by the CAO;
PAGE 4 OF BYLAW NO. 4346
(dd)
"Playground Zone" means that portion of a Highway identified as a
Playground Zone by a Traffic Control Device;
(ee)
"Public Passenger Vehicle" means a Commercial Vehicle used solely for
the transportation of passengers;
(ff)
"Public Property" means property that the public is ordinarily entitled or
permitted to use for the passage or Parking of Vehicles;
(gg)
"Recreational Vehicle" means a Vehicle designed to be driven, towed or
transported to provide temporary living accommodation for travel, vacation
or recreational use;
(hh)
"Restricted Heavy Truck Route" means the Restricted Heavy Truck Route
shown and described in Schedule "C" of this Bylaw;
(ii)
"Sidewalk" means that portion of a Highway especially adapted to the use
of or ordinarily used by Pedestrians, but does not include a trail in the City's
Heritage Trail System;
(jj)
"School Zone" means that portion of a Highway identified as a School Zone
by a Traffic Control Device;
(kk)
"Taxi Zone" means a portion of a Roadway adjacent to the Curb set aside
for the exclusive use of taxis while waiting for their fares and marked by a
Traffic Control Device as a Taxi Zone;
(ll)
"Ticket Controlled Space" means that portion of land owned or controlled
by the City designated pursuant to this Bylaw for the accommodation of
Motor Vehicles and on which a Ticket Dispenser or Dispensers are installed;
(mm) "Ticket Dispenser" means an automatic or other mechanical meter or
device erected, maintained or operated on any land for the purpose of
allotting and controlling Parking spaces for Vehicles by the dispensing of
tickets or coupons to the drivers of Vehicles Parked or intended to be Parked
in any such Parking space; and
(nn)
"Traffic Control Device" means a Parking Meter, sign, signal, light, marking
or a device marked or erected under the authority of the Act or of this Bylaw
for the purposes of regulating, warning or guiding traffic.
PART I - PARKING
5.
A Vehicle shall not be Parked on any Roadway other than at the Curb or edge of
the Roadway.
6.
A Vehicle shall not be Parked on a Sidewalk or Boulevard or any part of a Sidewalk
or Boulevard unless authorized by a Traffic Control Device.
7.
A Vehicle shall not be Parked in a Fire Lane or in such a way as to obstruct an
emergency exit from any building.
8.
A Vehicle other than a taxi shall not be Parked in a Taxi Zone.
9.
A Vehicle shall not be Parked in such a manner as to block, obstruct, impede or
hinder the access or egress from any other Vehicle or the operation of another
Vehicle.
PAGE 5 OF BYLAW NO. 4346
10.
A Vehicle shall not be Parked in an Alley unless it does not obstruct Pedestrian or
vehicular traffic and the operator is actively engaged in:
(a)
the loading or unloading of goods from a Commercial Vehicle for a period
not exceeding thirty (30) minutes;
(b)
the loading or unloading of goods or passengers from a Vehicle other than
a Commercial Vehicle for a period not exceeding thirty (30) minutes; or
(c)
unless otherwise authorized by a Traffic Control Device.
11.
A Vehicle shall not be Parked in a Loading Zone except:
(a)
for a period not exceeding five (5) minutes for the purpose of and while
actively engaged in loading or unloading passengers; or
(b)
for a period not exceeding thirty (30) minutes for the purpose of and while
actively engaged in loading or unloading of merchandise or other materials.
12.
A Vehicle shall not be Parked on a Highway for a continuous period exceeding
seventy-two (72) hours.
13.
A Trailer shall not be Parked on a Highway unless;
(a)
the Trailer is attached to a Motor Vehicle by which it may be drawn; or
(b)
for loading or unloading of the Trailer for a period not exceeding twenty-four
(24) hours.
14.
Where any type of Motor Vehicle has removable camping accommodation installed
on it, the operator or owner of the Motor Vehicle or any person in charge of the Motor
Vehicle shall not, either permanently or temporarily, leave the camping
accommodation or other removable portion of the Motor Vehicle used for this
purpose on any portion of a Highway after the same has been removed from the
Motor Vehicle.
15.
A Motor Vehicle that is, together with any Trailer attached thereto, of a length greater
than six (6) metres shall not be Parked on any Highway unless:
(a)
the person is actively engaged in loading or unloading passengers,
merchandise or personal effects; or
(b)
Parking is permitted by a Traffic Control Device.
16.
(a)
Subject to section 95, a Vehicle, or a Vehicle with a Trailer attached, that is
registered for a weight exceeding six thousand five hundred (6,500)
kilograms or that weighs more than six thousand five hundred (6,500)
kilograms, shall not be Parked at any time, on either side of a Highway in
which any property abutting the street in the same block is used as a park,
playground, school site, church or other place of public worship or for
residential purposes.
(b)
This section does not apply if the Vehicle is a Recreational Vehicle.
17.
A Vehicle shall not be Parked on private property without the express consent of the
owner thereof or other person in charge of the property.
18.
A person driving a Vehicle shall not stop or Park the Vehicle:
PAGE 6 OF BYLAW NO. 4346
(a)
on a Crosswalk or on any part of a Crosswalk;
(b)
within an intersection other than immediately next to the Curb in a "T"
intersection;
(c)
at an intersection nearer than five (5) metres to the end of the Curb return
radii (where straight Curb meets the curved Curb) except when the Vehicle
is Parked in a space where a Parking Meter or other Traffic Control Device
indicates Parking is permitted;
(d)
in the case of an approach to a stop sign or yield sign, within five (5) metres
of the stop sign or yield sign;
(e)
within five (5) metres from any fire hydrant or, when the hydrant is not located
at the Curb, within five (5) metres of the point on the Curb nearest the
hydrant;
(f)
within one and a half (1.5) metres from an access to a garage, private road
or driveway, or a Vehicle crossway over a Sidewalk;
(g)
within five (5) metres from the near side or of a marked Crosswalk;
(h)
alongside or opposite any street excavation or obstruction when the stopping
or Parking would obstruct traffic;
(i)
on any bridge or in any subway or on the approaches to either of them;
(j)
on the Roadway side of a Vehicle that is Parked or stopped at the Curb or
edge of the Roadway;
(k)
at or near the site of any fire, explosion, accident or other emergency, if
stopping or Parking would obstruct traffic or hinder Bylaw Enforcement
Officers, firefighters, emergency medical personnel, rescue officers or
volunteers, or other persons responding in an official capacity, unless
required or permitted by another provision of this Bylaw, the Act, a Traffic
Control Device, direction given by a Bylaw Enforcement Officer or to avoid
conflict with other traffic.
19.
No Vehicle other than a Bus shall be Parked at a Bus Stop.
20.
Unless the Act or another provision of this Bylaw otherwise permits, where Parking
spaces have been marked on a Highway, by painted lines or otherwise, a Motor
Vehicle shall be Parked so that:
(a)
it is wholly within the Parking space and does not cross any painted line
marking out the space;
(b)
in the absence of painted lines, the front or rear bumper is as close as
possible to the Parking Meter governing the space; or
(c)
where the Motor Vehicle or the combination of a Motor Vehicle and a Trailer
exceeds the length of a single space, the Motor Vehicle may be Parked so
that it occupies two, but not more than two, spaces.
21.
Unless prohibited by a Traffic Control Device, a Motor Vehicle may be Parked at an
angle to the Curb in a Cul-de-Sac provided that:
(a)
the Motor Vehicle's sides are at an angle of not greater than sixty (60)
degrees to the Curb or edge of the Roadway;
PAGE 7 OF BYLAW NO. 4346
(b)
the Motor Vehicle does not interfere with the free flow of traffic in the Cul-de-
Sac; and
(c)
the Motor Vehicle is not Parked in a Cul-de-Sac between 6:00 a.m. and 6:00
p.m. on any day the City collects Residential Waste or Yard Waste from that
Cul-de-Sac in accordance with Bylaw No. 1805.
22.
No person shall Park a Vehicle in front of or next to a Residential Waste Cart or Yard
Waste Cart in such a manner as to obstruct collection of Residential Waste or Yard
Waste by the City pursuant to Bylaw No. 1805. For the purposes of sections 21 and
22 of this Bylaw, the terms "Residential Waste", "Yard Waste", "Residential Waste
Cart" and "Yard Waste Cart" have the meanings given to them in Bylaw No. 1805.
23.
No person shall Park a Vehicle on a Roadway for the purposes of selling the Vehicle,
or advertising any product, service or business.
24.
A Vehicle shall not be Parked in contravention of any Traffic Control Device which
prohibits Parking.
25.
Where a Traffic Control Device restricts Parking, a Vehicle shall not be Parked:
(a)
in excess of the time so designated and marked on the Traffic Control
Device; or
(b)
in a manner which otherwise contravenes the Traffic Control Device.
26.
If, after the issuance of a violation tag or ticket concerning a first violation of section
25 of this Bylaw, a Vehicle continues to be Parked for further periods of time in
excess of that permitted on the Traffic Control Device, then a second and additional
offence shall be deemed to have occurred.
27.
If a Highway is divided into two (2) or more Roadways by a Boulevard, ditch or other
physical barrier, a person driving a Vehicle shall not stop or Park the Vehicle on that
portion of the Highway that is to the left of the yellow line except in an emergency
situation where the Vehicle is disabled and it is not practicable to move the Vehicle
to the far right side of the Highway.
28.
Except where angle Parking is permitted or required or in a circumstance to which
subsection 45(2) of the Use of Highway and Rules of the Road Regulation (Alberta)
applies, when Parking on a Roadway a person may only Park a Vehicle:
(a)
with the sides of the Vehicle parallel to the Curb or edge of the Roadway and
with the right wheels of the Vehicle not more than five hundred (500)
millimetres from the right Curb or edge of the Roadway; or
(b)
in the case of a one-way Highway where Parking on either side is permitted,
with the sides of the Vehicle parallel to the Curb or edge of the Roadway and
with the wheels that are the closest to a Curb or edge of the Roadway no
more than five hundred (500) millimetres from that Curb or edge and with the
Vehicle facing the direction of travel authorized for that Highway.
29.
When a Traffic Control Device indicates that angle Parking is permitted or required
and Parking guide lines are visible on the Roadway, a person may only Park a
Vehicle with the Vehicle's sides between and parallel to any two (2) of the guide
lines and
(a)
in the case of a Vehicle other than a motor cycle, with one front wheel not
PAGE 8 OF BYLAW NO. 4346
more than five hundred (500) millimetres from the Curb or edge of the
Roadway, or
(b)
in the case of a motor cycle, with a wheel of the motor cycle not more than
five hundred (500) millimetres from the Curb or edge of the Roadway and
the motor cycle angled in the direction of travel authorized for the traffic lane
that is adjacent to the lane on which the motor cycle is Parked.
30.
When a Traffic Control Device indicates that angle Parking is permitted or required
and no Parking guide lines are visible on the Roadway, a person may only Park a
Vehicle with the Vehicle's sides at an angle of between thirty (30) and sixty (60)
degrees to the Curb or edge of the Roadway and
(a)
in the case of a Vehicle other than a motor cycle, with one front wheel not
more than five hundred (500) millimetres from the Curb or edge of the
Roadway, or
(b)
in the case of a motor cycle, with a wheel of the motor cycle not more than
five hundred (500) millimetres from the Curb or edge of the Roadway and
the motor cycle angled in the direction of travel authorized for the traffic lane
that is adjacent to the lane on which the motor cycle is Parked.
31.
A person shall not permit a Vehicle to stand unattended on any grade or slope
without:
(a)
turning the front wheels of the Vehicle towards the nearest Curb or edge of
the Roadway in such a manner so as to impede any movement of the
Vehicle, and
(b)
effectively setting the Vehicle's Parking brake or other mechanism with which
the Vehicle is equipped that is designed to hold the Vehicle in a stationary
position while the Vehicle is unattended.
32.
A person shall not shall leave a Vehicle unattended on a Highway if
(a)
the Vehicle is on a jack or a similar device, and
(b)
one (1) or more wheels have been removed from the Vehicle or part of the
Vehicle is raised.
33.
An employee or an agent of the City may place or cause to be placed on or near a
Highway, a moveable Traffic Control Device which identifies Parking restrictions but
which does not specify a time period for such Parking restrictions. A Vehicle shall
not be Parked in contravention of the Parking restrictions identified on a Traffic
Control Device placed on or near a Highway pursuant to this section, after the
expiration of twelve (12) hours from the time the Traffic Control Device has been put
in place.
34.
No person shall move, obscure or otherwise disturb a Traffic Control Device erected
or placed pursuant to this Bylaw or the Act.
35.
In order to determine the time which a Vehicle has been Parked in a location where
Parking is restricted to a specific time, a Bylaw Enforcement Officer or any 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 Parked or stopped
Vehicle without the Bylaw Enforcement Officer or other person or the City incurring
any liability for so doing.
PAGE 9 OF BYLAW NO. 4346
36.
No person shall remove an erasable chalk mark placed pursuant to section 35 of
this Bylaw while the Vehicle remains Parked in the location where it was marked.
Pay Parking
37.
A Motor Vehicle shall not be Parked in a Metered Space unless there is unexpired
time remaining on the Parking Meter adjacent to the Metered Space.
38.
A Motor Vehicle shall not be Parked on a Highway in any space governed by a
Parking Meter on which a hood or cover has been placed.
39.
Immediately after Parking a Motor Vehicle in a Ticket Controlled Space, the owner
or operator of the Motor Vehicle shall:
(a)
deposit in the Ticket Dispenser erected and maintained near the Ticket
Controlled Space lawful money of Canada, in the amount and in the manner
prescribed in the notice on or affixed to the Ticket Dispenser and obtain from
the Ticket Dispenser a ticket issued on the current date as evidenced by
either the serial number or date appearing thereon; or
(b)
where the Ticket Dispenser is equipped to accept electronic payment, use a
credit card, debit card or other device which the Ticket Dispenser indicates
is accepted for electronic payment; and
(c)
display the entire ticket conspicuously and in a position such that its expiry
time is clearly visible at all times on the driver's side of the dashboard in the
Motor Vehicle.
40.
A Motor Vehicle shall not be Parked in a Ticket Controlled Space unless an
unexpired ticket is displayed on the Motor Vehicle in accordance with section 39 of
this Bylaw.
41.
Sections 37, 39 and 40 of this Bylaw are only in effect on the days and during the
times identified either on a Traffic Control Device in the vicinity or on the Ticket
Dispenser.
Permits
42.
If the CAO deems it to be in the public interest the CAO may issue Permit(s) for any
Motor Vehicle allowing that Motor Vehicle to Park in:
(a)
Metered Spaces without payment;
(b)
Ticket Controlled Spaces without purchasing a ticket; or
(c)
contravention of a Traffic Control Device prohibiting or restricting Parking.
43.
The owner or operator of the Motor Vehicle to which a Permit has been issued
pursuant to section 42 of this Bylaw shall display the Permit in a conspicuous space
on the front dash or windshield of the Motor Vehicle.
44.
The fee payable for a Permit issued pursuant to section 42 of this Bylaw shall be
paid in accordance with Schedule "B" of this Bylaw.
PAGE 10 OF BYLAW NO. 4346
Exemptions
45.
The provisions of this Bylaw relating to Parking do not apply to a Vehicle if:
(a)
the Vehicle is:
i.
an Emergency Vehicle;
ii.
a Vehicle owned by the City while engaged in work for the City; or
iii.
a towing service Vehicle; and
(b)
the Vehicle is being used in work requiring that it be Parked at that location.
46.
If the CAO deems it to be in the public interest the CAO may exempt any class of
Vehicles from the provisions of this Bylaw relating to Parking under such conditions
as the CAO may impose and may provide for the identification of the Vehicles so
exempted.
47.
No person shall display any card or sticker or other device identifying a Vehicle as
purporting to be exempted pursuant to section 46 of this Bylaw unless the same has
been authorized by the CAO.
Parking Spaces for People With Disabilities
48.
No person shall Park a Vehicle in a Parking space, or any part thereof, on private
property or on Public Property that is marked or designated with a Traffic Control
Device for the use of persons with disabilities, unless:
(a)
the Vehicle displays a valid handicap placard or license plate that is issued
or recognized by the Solicitor General for the Province of Alberta; and
(b)
the Vehicle is operated by or is being used to transport a disabled person.
PART II - USE OF STREETS
Pedestrians
49.
A Pedestrian shall not cross a Roadway on a bridge or a Roadway within one block
in any direction of the approach to a bridge other than in a Crosswalk.
50.
A Pedestrian shall not obstruct the lawful use of a Roadway.
51.
A Pedestrian shall not walk on a Roadway except:
(a)
when crossing the Roadway;
(b)
when there is no Sidewalk;
(c)
when the Sidewalk cannot be used in safety;
(d)
to enter, exit or load a Vehicle, in which case the person shall use the most
direct route from the Sidewalk to the Vehicle; or
(e)
in the case of a Pedestrian using a Mobility Aid, there is no safe way of
gaining access to the Sidewalk or the Sidewalk is obstructed with snow or
ice.
Amended by
Bylaw 4797
Oct 3, 2023
PAGE 11 OF BYLAW NO. 4346
51.1
(a)
The CAO may, from time to time, designate Crosswalks upon which a person may
ride or operate a Bicycle, skateboard, scooter, E-scooter, in-line skates or roller
skates to cross the Roadway.
(b)
Where the CAO has designated a Crosswalk pursuant to subsection 51.1(a), any
Crosswalk so designated shall be known as a "Multi-Use Crossing". The
placement of a Multi-Use Crossing shall be indicated by Traffic Control Devices
deemed necessary by the CAO.
(c)
A person operating a Motor Vehicle on a Roadway must yield the right of way to:
(i)
a pedestrian; and
(ii)
a person riding or using a Bicycle, skateboard, scooter, E-scooter, inline
skates or roller skates;
who is crossing the Roadway within a Multi-Use Crossing.
(d)
When crossing a Roadway within a Multi-Use Crossing:
(i)
a pedestrian; and
(ii)
a person riding or using a Bicycle, skateboard, scooter, E-scooter, inline
skates or roller skates;
has the same rights and obligations as a pedestrian using a Crosswalk."
Bicycles
52.
Unless the context otherwise requires, a person operating a Bicycle on a Highway
has all the rights and is subject to all the obligations that the operator of any Motor
Vehicle has under this Bylaw.
53.
The CAO may designate part of a Highway as being for the exclusive use of persons
operating Bicycles by the use of a Traffic Control Device or painted lanes or both.
54.
A person riding a Bicycle on a Highway where a Bicycle Lane has been designated
shall ride within the Bicycle Lane unless the person is making a turn to leave that
Highway or cannot ride in the Bicycle Lane in safety.
55.
No person shall operate a Motor Vehicle in any Bicycle Lane except for the purpose
of:
(a)
ingress to or egress from a driveway or Parking space adjacent to the Bicycle
Lane; or
(b)
making a turn at a Highway intersecting the Bicycle Lane.
56.
No person shall Park or stop a Motor Vehicle in a Bicycle Lane.
57.
No person shall Park a two-wheeled Vehicle on a Roadway other than at the Curb
or edge of the Roadway in an upright position.
58.
No person shall ride a Bicycle on a Sidewalk except:
(a)
where expressly permitted to do so by a Traffic Control Device;
(b)
where the Sidewalk is three (3) metres or greater in width; or
Amended by
Bylaw 4736
Nov 6, 2023
Amended by
Bylaw 4736
Nov 6, 2023
PAGE 12 OF BYLAW NO. 4346
(c)
a child under the age of fourteen (14) years and any person accompanying
a child under the age of fourteen (14) years.
Amended by:
E-Scooters
Bylaw 4699
May 17, 2022 58.1
Sections 6, 55 and 63 do not apply to E-Scooters.
58.2
A person shall not operate an E-Scooter in a reckless manner.
58.3
For the purposes of Section 58.2, some factors which may be considered by a Bylaw
Enforcement Officer in determining whether a person is operating an E-Scooter in a
reckless manner include, but are not limited to, the following:
(a)
failure to maintain adequate control of the E-Scooter;
(b)
driving in a manner that is likely to interfere with other users of bicycle lanes,
paved pathways or roads; and
(c)
failing to comply with a Traffic Control Device or other City-posted sign.
58.4
A person who is operating an E-Scooter must not carry a passenger on the E-
Scooter."
Operation of a Vehicle
59.
No person shall drive a Vehicle over an unprotected fire hose.
60.
Notwithstanding any Traffic Control Device, no person shall drive a Vehicle into an
intersection unless the condition of traffic is such that the person may do so in safety
and without impeding the passage of other Vehicles or Pedestrians.
61.
When a Highway or a portion thereof is designated as being restricted for use only
by a particular class of Vehicle a person shall not operate a Vehicle of a class other
than the particular class permitted on the Highway or portion thereof.
62.
No person shall transport any material on or in a Vehicle unless the material is
completely secured in such manner that no portion of the material can escape during
transportation.
63.
No person other than the operator of a Mobility Aid, a City employee or authorized
agent of the City shall drive a Motor Vehicle on a trail in the City's Heritage Trail
System.
Amended by:
Skateboards
Bylaw 4699
May 17, 2022 63.1
No person shall operate or use a device known as a skateboard:
(a)
on a sidewalk where a Traffic Control Device indicates that skateboarding is
not permitted;
(b)
on a sidewalk in a manner that interferes with another user of the sidewalk;
or
(c)
on a roadway.
PAGE 13 OF BYLAW NO. 4346
Overtaking a Bus
64.
Notwithstanding any other section of this Bylaw, where a Bus is stopped at or has
approached to within ten (10) metres of an intersection, unless the Bus has signaled
that it is to make a left turn, a driver of a Vehicle travelling in the same direction shall
not overtake or pass or attempt to overtake or pass to the right of the Bus on a
Highway in which traffic is proceeding in two directions.
65.
On a one-way Highway if a Bus is signaling that it intends:
(a)
to make a left turn, no driver of another Vehicle shall overtake or pass or
attempt to pass on the left of the Bus, and
(b)
to make a right turn, no driver of another Vehicle shall pass to the right of the
Bus.
Merchants
66.
No person shall display any goods for sale on a Highway unless that person has
first obtained a Permit.
67.
No person shall solicit for or carry on any business, trade or occupation on a
Highway unless that person:
(a)
is licensed to do so pursuant to the Licensing Bylaw No. 2339; and
(b)
has obtained a Permit.
68.
No person shall place, cause or permit to be placed any structure used to sell,
display for sale, advertise or distribute any goods or services on a Highway unless
a Permit authorizing the structure has been issued.
Property Adjacent to a Highway
69.
No person that owns or occupies real property adjacent to a Highway shall:
(a)
place, cause or permit to be placed any earth, gravel, sand, grass, leaves,
snow, ice, structure or other material onto the Highway or Sidewalk; or
(b)
allow any tree branch, earth, rock or other substance to remain on the
Highway where the substance blocks or covers the Highway in a manner
that is, in the opinion of a Bylaw Enforcement Officer, detrimental to the use
of the Highway.
70.
The owner or occupier of any real property that is adjacent to a Highway where
earth, rocks, trees or other substances from the property are likely to be deposited
on the Highway shall build a structure such as a retaining wall to prevent the
substance from being deposited on the Highway.
71.
The owner or occupier of real property adjacent to a Highway shall not construct or
maintain a gate or door which could obstruct the free use of any portion of the
Highway.
PAGE 14 OF BYLAW NO. 4346
72.
No person shall permit any tree, hedge, shrub, fence or any other structure on real
property they own or occupy to:
(a)
obstruct any Sidewalk or Boulevard adjacent to the property;
(b)
interfere with any tree on any Boulevard adjacent to the property;
(c)
interfere with any public utility; or
(d)
impair the visibility required for safe traffic flow at any intersection adjacent
to the property.
73.
No person shall permit any tree, hedge, shrub, fence or any other structure on any
Boulevard adjacent to real property owned or occupied by that person to:
(a)
interfere with any public utility; or
(b)
impair the visibility required for safe traffic flow at any intersection adjacent
to the property.
Snow, Ice and Debris
74.
The owner or occupier of any real property adjoining a Sidewalk or Alley entryway
shall clear away the snow, ice, dirt or other obstruction from that Sidewalk and the
Alley entryway to the center line of that Alley entryway within twenty-four (24) hours
after the time the snow, ice, dirt or other obstruction was deposited or formed.
75.
If a person violates section 74 of this Bylaw, the City shall, in addition to any other
remedies it may have under this Bylaw or any other enactment, be entitled to take
whatever actions are deemed necessary by the CAO to remove the snow, ice, dirt,
or other obstruction, at the expense of the owner or occupant of the property
adjoining the Sidewalk or Alley, as the case may be.
76.
No person shall place snow or ice onto a Roadway unless from a public Sidewalk.
77.
A person who has an awning that extends over a Sidewalk or other portion of a
Highway shall take reasonable measures to keep the awning free from snow or ice
so that it will not drip or fall upon the Sidewalk below.
General
78.
No person shall block or damage a Sidewalk, Roadway, catch basin or storm sewer.
79.
No person shall discharge any firearms, air gun or air pistol either on a Highway or
elsewhere within the City unless authorized by the Chief of Police.
80.
No person shall place or permit to remain any electrical wire on or above a Sidewalk
at a height of less than two metres fifty centimeters (2.5 metres) above the Sidewalk.
81.
Unless otherwise authorized by the CAO in writing, no person shall place, pour, spill,
throw or drop any material upon a Highway, including, but not limited to, any material
or substance placed in the gutter or attached to a Curb for the purpose of providing
a ramp entrance to a driveway.
PAGE 15 OF BYLAW NO. 4346
PART III - SPEED LIMITS
82.
The maximum speed for all Vehicles on any Highway is fifty (50) kilometres per hour
unless otherwise indicated in this Bylaw, the Act or by means of a Traffic Control
Device.
83.
No person shall drive a Vehicle in an Alley at a speed greater than twenty (20)
kilometres per hour.
84.
Subject to section 82, the CAO is hereby delegated the authority to prescribe
maximum or minimum speed limits by the posting of Traffic Control Devices.
85.
The CAO is authorized to prescribe maximum speed limits in accordance with the
Act for Highways that are:
(a)
under construction or repair, or
(b)
in a state of disrepair.
86.
Pursuant to section 107(5) of the Act, the prescribed hours during which a
Playground Zone is in effect in the City is the period beginning at 7:30 a.m. and
ending at 9:00 p.m. daily.
PART IV - PARADES/PROCESSIONS/SPECIAL EVENTS
87.
No person shall conduct or participate in a Parade, Procession or Special Event
unless:
(a)
a Permit authorizing the Parade, Procession or Special Event has been
issued;
(b)
the Parade, Procession, or Special Event is under the control or direction of:
i.
a Parade marshal named in the Permit; or
ii.
any other acceptable person named in the Permit; and
(c)
the person named in the Permit is at the scene of the Parade, Procession or
Special Event with the Permit.
88.
Any person desiring to hold a Parade, Procession or Special Event shall, at least
thirty (30) days prior to the date of the Parade, Procession or Special Event or such
shorter period as may be approved by the CAO, make a written application to the
CAO in the form approved by the CAO.
89.
The CAO may establish reasonable rules of conduct for Parades, Processions and
Special Events that shall govern the conduct of all Parades, Processions and
Special Events to ensure the safety of participants and spectators and to ensure
that the free flow of traffic is minimally impeded.
90.
Notwithstanding section 87 of this Bylaw, a funeral Procession does not require a
Permit.
91.
A person driving in a funeral Procession, other than the lead Vehicle, may proceed
through a stop sign or other Traffic Control Device during daylight hours without
stopping if:
(a)
the Vehicle's hazard warning lamps are alight;
PAGE 16 OF BYLAW NO. 4346
(b)
the Vehicle is travelling immediately behind the Vehicle in front of it in the
funeral Procession so as to form a continuous line of traffic;
(c)
the lead Vehicle in the funeral Procession is showing a purple flashing light;
and
(d)
the passage into the intersection can be made in safety.
92.
No person shall break into the ranks of or disrupt a Parade, Procession or Special
Event.
PART V - HEAVY TRUCK ROUTES
93.
No person shall operate a Heavy Truck on a Roadway other than a Heavy Truck
Route or a Restricted Heavy Truck Route unless the Heavy Truck is being operated
on the most direct route between the following premises or locations and the nearest
Heavy Truck Route or Restricted Heavy Truck Route:
(a)
providing services to, delivering goods to, or collecting goods from the
premises of a bona fide customer;
(b)
going to or from a storage depot for the Heavy Truck in respect to which a
development Permit has been issued;
(c)
moving a building from one location to another, for which all necessary
Permits have been issued by the City;
(d)
going to or from premises for the servicing or repairing of the Heavy Truck;
or
(e)
pulling a disabled Motor Vehicle from a Roadway other than a Heavy Truck
Route or Restricted Heavy Truck Route.
94.
No person shall operate a Heavy Truck on a Restricted Heavy Truck Route between
the hours of 11:00 p.m. and 7:00 a.m.
95.
Notwithstanding any other provision in this Bylaw relating to the Parking of Vehicles
no person shall Park a Heavy Truck on any Highway unless:
(a)
the person is actively engaged in loading or unloading goods or merchandise
at the premises of a bona fide customer and the Heavy Truck is moved from
the location promptly after the loading or unloading has occurred; or
(b)
such Parking is permitted by a Traffic Control Device, the erection of which
is authorized by the CAO.
96.
No person shall operate an engine brake within the City limits.
PART VI - DIMENSIONS AND WEIGHTS
97.
Unless otherwise specifically permitted in this Bylaw, no person shall operate an
Overweight Motor Vehicle on any Highway in the City, including a Heavy Truck
Route or Restricted Heavy Truck Route.
98.
No person shall operate or allow an Overweight Motor Vehicle on any bridge where
that Motor Vehicle weighs in excess of sixty-two thousand five hundred (62,500)
PAGE 17 OF BYLAW NO. 4346
kilograms or where that Motor Vehicle weighs in excess of the maximum posted
weight.
99.
Except as otherwise provided in this Bylaw, no person shall operate or allow on any
Roadway a Motor Vehicle with dimensions greater than:
(a)
a width of two metres sixty centimetres (2.60 metres);
(b)
a height of four metres fifteen centimetres (4.15 metres); or
(c)
a length of twenty three metres (23 metres).
100.
Notwithstanding subsection (a) of this Bylaw, Buses, mobile homes and House
Trailers shall not exceed a width of three metres five centimetres (3.05 metres).
101.
The CAO may grant a Permit exempting a Motor Vehicle from the restrictions set
out in this Part if the CAO determines that the granting of a Permit would not
materially place at risk public infrastructure or public safety.
PART VII - PROTECTION OF STREET SURFACES
102.
No person shall operate or allow on a Roadway any tracked Vehicle or any other
Vehicle that is likely to damage the surface of a Roadway unless specifically
permitted under this Bylaw.
Excavating and Breaking Up Street Surfaces
103.
No person shall make an excavation in a Highway or damage the Roadway surface
without having:
(a)
obtained a Permit;
(b)
entered into a written agreement with the City in respect of the proposed
excavation or construction project if deemed necessary by the CAO;
(c)
paid the fee, if any, established by the CAO for the issuance of the Permit;
(d)
provided the City with security in a form and amount determined by the CAO,
taking into account the cost of the work to be undertaken; and
(e)
complied with all other conditions that may be imposed by the CAO.
104.
Unless authorized by the CAO no person shall make use of any land under a
Highway.
105.
When the surface for the excavation or opening under the Highway is exposed and
not covered with the surfacing material of the Highway, the person responsible for
the excavation or opening shall to the satisfaction of the CAO:
(a)
maintain the covering in good and safe serviceable condition at all times;
and
(b)
keep any movable opening or covering closed at all times except when
actually being used.
106.
If a person responsible for making or maintaining the covering for the excavation
fails to do so in a manner satisfactory to the CAO, the City may cover the excavation
PAGE 18 OF BYLAW NO. 4346
and may charge the expense for such work to the person who is responsible for the
covering under the provisions of this section.
General
107.
If it is necessary for the protection of a Roadway or in the interest of public safety,
the CAO may in his or her discretion, either by means of barriers, Traffic Control
Devices or by other means of notification:
(a)
restrict, either permanently or for a limited time, the weight of Vehicles, or
the weight or distribution of loads on Vehicles using any Roadway or part of
a Roadway;
(b)
restrict the length of Vehicles using any Roadway or part of a Roadway;
(c)
designate the routes through the City that shall be taken by certain Vehicles
or certain classes of Vehicles;
(d)
prohibit wholly or partially or for a certain period or periods any class or
classes of Motor Vehicles from being used on any Roadway, or any portion
of a Roadway;
(e)
provide that Vehicular or Pedestrian traffic shall travel upon any Roadway or
part of a Roadway only in one direction; and
(f)
close or restrict the use of any Roadway, either as to the full width thereof or
as to part of the width thereof, either with respect to any class or classes of
Vehicles or with respect to any class or classes or Pedestrians and provide
for the proper enforcement of any such closing or restriction.
108.
A person who:
(a)
makes use of any Highway in contravention of any restriction imposed by the
CAO, pursuant to section 107 of this Bylaw; or
(b)
fails to follow a route designated by the CAO.
is guilty of an offence under this Bylaw.
PART VIII - ENCROACHMENTS
109.
For the purposes of this Part, an "encroachment" means any portion of an
improvement to or on land that extends from property adjacent to a Highway onto
or over a Highway.
110.
No owner of land adjacent to a Highway shall allow an encroachment to exist, unless
a letter of consent or encroachment agreement has been obtained for the
encroachment, if required, in accordance with the City's Encroachment Policy.
PART IX - BOULEVARDS
111.
An owner of land shall develop and maintain the Boulevard in accordance with the
Boulevard Maintenance and Development Policy.
PAGE 19 OF BYLAW NO. 4346
PART X - POWERS OF THE CAO
112.
Without restricting any other power, duty or function granted by this Bylaw the CAO
may:
(a)
establish areas where activities restricted by this Bylaw are permitted;
(b)
establish forms for the purposes of this Bylaw;
(c)
issue Permits with such terms and conditions as the CAO determines are
reasonably required;
(d)
issue Permits authorizing persons to drive off-Highway Vehicles along
permitted portions of a Highway;
(e)
establish the criteria to be met for a Permit pursuant to this Bylaw;
(f)
establish the days and times of operation for Parking Meters;
(g)
designate Crosswalks upon any Highway and cause them to be marked;
(h)
designate where Traffic Control Devices are to be erected;
(i)
designate any intersection or place on a Highway, as a place at which no left
hand turn or no right hand turn or both shall be made;
(j)
designate any intersection or place on a Highway, as a place at which only
a left hand turn or a right hand turn shall be made;
(k)
designate any intersection or place on a Highway as a place where
U-turns are prohibited;
(l)
designate any Highway or portion thereof for one-way traffic only;
(m)
designate any Roadway as one to be divided into traffic lanes of such
number as the CAO deems proper;
(n)
designate "School Zones" and "Playground Zones";
(o)
designate Highways or any portion thereof as passenger or Commercial
Vehicle loading and unloading spaces;
(p)
designate transit Bus Stops and school Bus Loading or unloading Zones;
(q)
designate portions of any Highway as no Parking, restricted Parking or no
stopping;
(r)
prohibit Parking at any Metered Space or Ticket Controlled Space and direct
that a Parking Meter be hooded;
(s)
designate angle Parking on any Highway or portion thereof;
(t)
designate Parking spaces on Public Property for the exclusive use of
persons with disabilities and shall cause any such Parking space to be
marked with a Traffic Control Device;
(u)
designate maximum loads for any bridge;
(v)
prohibit or restrict the movement of Vehicles from a private driveway onto a
Highway or from a Highway onto a private driveway where such prohibition
or restriction is in the public interest for the regulation of traffic;
(w)
close any existing median or divider on a Highway;
(x)
designate portions of any Highway where the use of Bicycles is prohibited;
PAGE 20 OF BYLAW NO. 4346
(y)
impose road bans on any Highway and designate the period of time the road
bans are in effect;
(z)
classify Motor Vehicles, other Vehicles and Pedestrians for the purposes of
this Bylaw;
(aa)
temporarily close any Highway for the purpose of construction, rehabilitation,
maintenance, Parades, Processions, Special Events, emergencies or other
valid reason the CAO deems advisable;
(bb)
authorize the erection of snow fences on land adjacent to a Roadway to
prevent drifting, including the maintaining, repairing, removing or replacing
of snow fences;
(cc)
issue Permits that are terminable on thirty (30) days' notice in writing for the
temporary occupation or use of a road allowance or Highway when it is not
required for public use; and
(dd)
delegate any powers, duties or functions under this Bylaw to an employee of
the City.
PART XI - ENFORCEMENT
General
113.
A person who violates any provision of this Bylaw is guilty of an offence.
114.
Each day, or part of a day, that an offence under this Bylaw continues constitutes a
separate offence.
Owner Liable
115.
For the purposes of sections 116 and 117 of this Bylaw, "owner" includes the
registered owner of the Vehicle.
116.
If a Vehicle is involved in an offence under this Bylaw, the owner of that Vehicle is
guilty of that offence.
117.
Section 116 of this Bylaw does not apply if the owner of the Vehicle satisfies the
court that at the time that the Vehicle was involved in the offence:
(a)
in the case of a Vehicle that was in motion:
i.
the owner of the Vehicle was not driving the Vehicle; and
ii.
no other person was driving the Vehicle with the owner's expressed or
implied consent; and
(b)
in the case of a Vehicle that was Parked:
i.
the owner did not Park the Vehicle; and
ii.
no other person Parked the Vehicle with the owner's expressed or
implied consent.
PAGE 21 OF BYLAW NO. 4346
Removal and Impoundment of Vehicles
118.
If a Bylaw Enforcement Officer forms the opinion on reasonable and probable
grounds that a Vehicle is Parked in contravention of any provision of this Bylaw or
any Act, the Bylaw Enforcement Officer may cause the Vehicle to be removed to a
place of impoundment designated for that purpose by the Chief of Police and the
Vehicle shall there remain impounded until it is claimed by the owner or the owner's
agent.
119.
When a Vehicle is removed and impounded under section 118 of this Bylaw the
registered owner or other person alleged to have committed the Parking offence
shall be served with a summons by means of a violation ticket in accordance with
Part 2 or Part 3 of the Provincial Offences Procedure Act in respect of the alleged
offence, as soon as practicable after the removal and impoundment of the Vehicle.
120.
A Vehicle removed and impounded under section 118 of this Bylaw shall remain
impounded, notwithstanding that it may have been claimed by the owner or the
owner's agent, until:
(a)
all towing and storage charges in respect of removal and impoundment of
the Vehicle, as set out in Schedule "B" attached hereto and forming part of
this Bylaw, have been paid in full.
Weight Slips
121.
When a Bylaw Enforcement Officer is of the opinion that there is a contravention of
any section of this Bylaw regulating the weight of Motor Vehicles, that Bylaw
Enforcement Officer may order the driver or other person in charge or control of a
Motor Vehicle or combination of attached Motor Vehicles suspected of being on a
Highway in contravention of such section, to take the Motor Vehicle or combination
of attached Motor Vehicles to the nearest adequate weigh scale to determine the
gross weight of the Motor Vehicle or combination of attached Motor Vehicles. The
weight slip or slips shall be given to the Bylaw Enforcement Officer and may be
retained by the Bylaw Enforcement Officer, and if the gross weight of the Motor
Vehicle or combination of attached Motor Vehicles is in excess of the weight allowed
pursuant to this Bylaw, the Bylaw Enforcement Officer, in addition to any prosecution
for contravention of this Bylaw, may require that any load or portion thereof in excess
of the weight allowed pursuant to this Bylaw shall be removed before the Motor
Vehicle or combination of attached Motor Vehicles is again taken upon a Highway.
122.
A weight slip given to a Bylaw Enforcement Officer under section 121 of this Bylaw
and submitted in evidence in court shall be prima facie proof of the authenticity of
the weight slip and of the particulars thereon submitted in evidence, and of the
accuracy of the weight scale used.
123.
A person driving or in charge or control of a Motor Vehicle or combination of attached
Motor Vehicles suspected by a Bylaw Enforcement Officer of being on a Highway in
contravention of this Bylaw governing the height of Motor Vehicles shall, when
requested by the Bylaw Enforcement Officer, produce for the officer's inspection any
official registration certificate or interim registration certificate for the Motor Vehicle
or combination of attached Motor Vehicles that may have been issued by a license
registry or government authority.
PAGE 22 OF BYLAW NO. 4346
124.
Particulars obtained by a Bylaw Enforcement Officer from a registration certificate
produced under section 123 of this Bylaw and submitted as evidence in court shall
be prima facie proof of the authenticity of such certificate and of the particulars
thereon submitted in evidence.
Violation Tags
125.
If a Bylaw Enforcement Officer forms the opinion on reasonable and probable
grounds that a person has committed an offence consisting of a breach of any
provision of this Bylaw listed in Part I of this Bylaw, then subject to the provisions of
sections 118, 119 and 120 of this Bylaw, the Bylaw Enforcement Officer may serve
upon the person a violation tag in such form as may be prescribed from time to time
by the Chief of Police.
126.
Service of any violation tag under section 125 shall be sufficient if the violation tag
is:
(a)
personally served;
(b)
served by registered mail; or
(c)
attached to the Vehicle in respect of which the offence is alleged to have
occurred, in which case the violation tag need not specify the name of the
person alleged to have committed the offence if the Vehicle is described on
the violation tag by license plate number.
127.
A violation tag placed upon or affixed to a Vehicle pursuant to the provisions of
sections 125 and 126 of this Bylaw shall not be removed from the Vehicle by anyone
other than a Bylaw Enforcement Officer or a person lawfully entitled to possession
of the Vehicle.
128.
Subject to the provisions of sections 118, 119 and 120 of this Bylaw, upon issuance
and service of a violation tag under sections 125 and 126 of this Bylaw the amount
the City will accept as payment for the alleged offence shall be fifty dollars ($50.00),
and upon payment to a person authorized by the Chief of Police to receive the
payment there shall be issued an official receipt therefor and the payment shall be
accepted in lieu of prosecution for the alleged offence.
Reduced Payment for Prompt Payment of Violation Tag
129.
Where payment is tendered within seven (7) days from the date of service of any
violation tag served under sections 125 and 126 of this Bylaw for an alleged offence
listed in Part I of this Bylaw to a person authorized by the Chief of Police to receive
the payment, the payment set out in section 128 of this Bylaw shall be reduced to
twenty-five dollars ($25.00) and such reduced payment shall be accepted in lieu of
prosecution.
130.
Nothing in this Bylaw shall be read or construed as:
(a)
preventing any person from exercising that person's right to defend an
allegation that the person has committed an offence listed in Part I of this
Bylaw; or
(b)
preventing any Bylaw Enforcement Officer from issuing a summons by
means of a violation ticket notice under the Provincial Offences Procedure
PAGE 23 OF BYLAW NO. 4346
Act or otherwise initiating court process in any manner permitted by law, in
respect of an alleged offence for which a violation tag may be issued.
131.
Notwithstanding sections 128 and 129 of this Bylaw:
(a)
upon issuance and service of a violation tag under sections 125 and 126 of
this Bylaw, the offence amount the City will accept as payment for an alleged
offence pursuant to section 48 of this Bylaw shall be two hundred dollars
($200.00); and
(b)
a payment for an alleged offence under section 48 of this Bylaw shall not be
reduced.
General Penalty Provisions
132.
Where a Bylaw Enforcement Officer believes on reasonable and probable grounds
that a person has contravened any provision of this Bylaw the Bylaw Enforcement
Officer may commence proceedings by issuing a summons by means of a violation
ticket in accordance with Part 2 or Part 3 of the Provincial Offences Procedure Act.
133.
If a violation ticket is issued in respect of an alleged contravention of a provision of
this Bylaw, the specified penalty shall be:
(a)
the amount set out in Schedule "A" in the case of any offence listed in that
Schedule;
(b)
two hundred dollars ($200.00) in the case of an offence pursuant to section
48 of this Bylaw; or
(c)
one hundred dollars ($100.00) for any other offence under this Bylaw.
134.
Pursuant to the provisions of the Provincial Offences Procedure Act, if the summons
issued by a Bylaw Enforcement Officer so provides, the person named in a
summons may make a voluntary payment in the amount of the specified penalty set
out in section 133 of this Bylaw, and upon making the voluntary payment that person
is not required to appear before a justice to answer the summons.
135.
A person who commits an offence under this Bylaw is liable on summary conviction
to a fine in an amount not less than the specified penalty set out in section 133 of
this Bylaw and not more than ten thousand dollars ($10,000.00) or imprisonment for
not more than one year, or both, and upon non-payment of a fine, imprisonment for
not more than one year.
PART XII - GENERAL
136.
A Bylaw Enforcement Officer may enforce the provisions of this Bylaw without the
Bylaw Enforcement Officer, the owner of the property on which an alleged offence
has occurred under the provisions of this Bylaw, or the City incurring liability for
doing so.
137.
It is the intention of Council that each separate provision of this Bylaw shall be
deemed to be independent of all other provisions and it is further the intention of the
Council that if any provision of this Bylaw be declared invalid all other provisions
shall remain valid and enforceable.
PAGE 24 OF BYLAW NO. 4346
138.
Where a Traffic Control Device is identified as not applying on a holiday or statutory
holiday this means the following days of every year:
(a)
January 1st;
(b)
Alberta Family Day;
(c)
Good Friday;
(d)
Victoria Day;
(e)
July 1st;
(f)
Heritage Day (the first Monday in August);
(g)
Labour Day;
(h)
Thanksgiving Day;
(i)
November 11th; and
(j)
December 25th.
139.
Should a provision of this Bylaw conflict with a provision of any other Bylaw of the
City, the provisions of this Bylaw shall prevail.
140.
All references in this Bylaw will be read with such changes in number and gender
as may be appropriate.
141.
Bylaws No. 1413, No. 3085, No. 1556 and No. 2434 together with all amendments
thereto are hereby repealed.
Transitional Sections
142.
All Traffic Control Devices which are in place on the effective date of this Bylaw shall
be deemed to be valid Traffic Control Devices for the purposes of this Bylaw.
143.
All Taxi Zones, School Zones, Playground Zones, Loading Zones, Bus Zones and
speed zones in effect immediately prior to the coming into force of this Bylaw shall
continue in effect until removed.
Coming Into Force
144.
This Bylaw shall come into force at the beginning of the date that it is passed.
READ A FIRST TIME in open Council on September 5, 2017.
READ A SECOND TIME in open Council on September 5, 2017.
READ A THIRD TIME in open Council on September 5, 2017.
SIGNED AND PASSED on September 6, 2017.
PAGE 25 OF BYLAW NO. 4346
SCHEDULE "A"
TO BYLAW NO. 4346
SPECIFIED PENALTIES
Section Offence
Specified Penalty
59
Driving over a fire hose
$200.00
83
Speeding in Alley
$100.00
93
Operating Heavy Truck on street other than
Heavy Truck or Restricted Heavy Truck Route
$500.00
94
Operating Heavy Truck on Restricted Heavy
Truck Route other than when permitted
$500.00
95
Parking Heavy Truck on Highway other than as
permitted
$500.00
96
Operating engine brakes
$250.00
97
Operating Overweight Motor Vehicle other than
as and when specifically permitted
$500.00
98
Operating Overweight Motor Vehicle on bridge
$500.00
99
Operating over-dimensional Motor Vehicle other
than as and when specifically permitted
$500.00
PAGE 26 OF BYLAW NO. 4346
SCHEDULE "B"
TO BYLAW NO. 4346
FEES AND CHARGES
TOWING AND STORAGE CHARGES
1.
There shall be a charge of $100.00 (plus GST) payable for each Vehicle towed to a
place of impoundment pursuant to the provisions of section 118.
2.
There shall be a charge of $25.00 (plus GST) payable for each day or portion thereof
that a Vehicle impounded pursuant to the provisions of section 118 remains
impounded.
FEE FOR EXEMPTION PERMIT PURSUANT TO SECTIONS 42 AND 44
3.
The fee payable for a Permit issued pursuant to sections 42 and 44 shall be $11.25
per day.
PAGE 27 OF BYLAW NO. 4346
SCHEDULE "C" TO BYLAW NO. 4346
AS AMENDED BY BYLAW NO. 4584
JUNE 4, 2019
HEAVY TRUCK ROUTES
PAGE 28 OF BYLAW NO. 4346
Heavy Truck Routes - In the event of a discrepancy between the text and the map, the text
governs.
Route
From
To
1 Street SE
East of Maple Avenue SE
River Road SE
2 Street SE
South Railway Street SE
4 Avenue SE
3 Street NW
Trans Canada Highway
Brier Park Road NW
3 Street SE
4 Avenue SE
South Railway Street SE
4 Avenue SE
River Road SE
3 Street SE
6 Street SE
South Railway Street SE
Kingsway Avenue SE
7 Street SW
Trans Canada Highway
10 Avenue SW
10 Avenue NW
Rotary Centennial Drive NW
Brier Park Road NW
10 Avenue SW
7 Street SW
30 Street SW
13 Avenue SE
Strachan Road SE
Dunmore Road SE
Rotary Centennial Drive NW
Division Avenue N
Box Springs Road NW
30 Street SW
Gershaw Drive SW
10 Avenue SW
Allowance Avenue SE
Spencer Street SE
Pingle Street SE
Altawana Drive NE
1 Street SE
7 Street NW
Box Springs Road NW
Trans Canada Highway
North City Limits
Bridge Street SE
North Railway Street SE
Industrial Avenue SE
Brier Park Road NW
3 Street NW
Box Springs Road NW
Broadway Avenue NW
Box Springs Road NW
West City Limits
Carry Drive SE
Dunmore Road SE
Trans Canada Way SE
College Avenue SE
Trans Canada Highway
Kipling Street SE
Division Avenue N
7 Street NW
Rotary Centennial Drive NW
Dunmore Road SE
(Excluding Service Roads)
Trans Canada Highway
Spencer Street SE
Gershaw Drive SW
Trans Canada Highway
West City Limits
Industrial Avenue SE
Bridge Street SE
East City Limits
Kingsway Avenue SE
Spencer Street SE
South Railway Street SE
Kipling Street SE
College Avenue SE
Spencer Street SE
Maple Avenue SE
Pingle Street SE
1 Street SE
North Railway Street SE
Prince Street SE
Bridge Street SE
Prince Street SE
Maple Avenue SE
North Railway Street SE
River Road SE
1 Street SE
4 Avenue SE
Saamis Drive NW
3 Street NW
West City Limits
South Boundary Road SE
Trans Canada Highway
South Ridge Drive SE
South Railway Street SE
Factory Street SE
6 Street SE
South Railway Street SE
Kingsway Avenue SE
2 Street SE
South Ridge Drive SE
Trans Canada Highway
South Boundary Road SE
Spencer Street SE
Kipling Street SE
Allowance Avenue SE
Strachan Road SE
South City Limits
13 Avenue SE
Trans Canada Highway
South City Limits
West City Limits
Trans Canada Way SE
Dunmore Road SE
College Avenue SE
PAGE 29 OF BYLAW NO. 4346
Restricted Heavy Truck Routes
Route
From
To
3 Street NE
Division Avenue N
Altawana Avenue NE
3 Street NW
Brier Park Road NW
Division Avenue N
Altawana Avenue NE
3 Street NE
1 Street NE
Parkview Drive NE
1 Street NE
Altawana Drive NE
Parkview Drive NE
Altawana Drive NE
Division Avenue N
Areas Included In The Heavy Truck Route
Route
From
To
6 Avenue SW
15 Street SW
18 Street SW
7 Avenue SW
17 Street SW
Bomford Crescent SW
8 Avenue SW
17 Street SW
Bomford Crescent SW
9 Avenue SW
22 Street SW
25 Street SW
9 Avenue SW
South West Drive SW
Gershaw Drive SW
9 Street SE
Allowance Avenue SE
South Railway Street SE
11 Avenue NW
Brier Park Way NW
Brier Park Drive NW
12 Avenue NW
Brier Park Way NW
Brier Park Drive NW
12 Avenue SW
30 Street SW
32 Street SW
13 Street SW
Gershaw Drive SW
8 Avenue SW
14 Street SW
Trans Canada Highway
Gershaw Drive SW
15 Avenue SW
30 Street SW
17 Avenue SW
15 Street SW
Trans Canada Highway
9 Avenue SW
16 Street SW
Trans Canada Highway
10 Avenue SW
17 Street SW
Trans Canada Highway
10 Avenue SW
17 Avenue SW
18 Avenue SW
30 Street SW
32 Street SW
18 Street SW
19 Street SW
9 Avenue SW
10 Avenue SW
South West Drive SW
9 Avenue SW
10 Avenue SW
23 Street SW
10 Avenue SW
25 Street SW
25 Street SW
South West Drive SW
10 Avenue SW
32 Street SW
10 Avenue SW
Gershaw Drive SW
Bomford Crescent SW
8 Avenue SW
14 Street SW
Box Springs Boulevard NW
Box Springs Close NW
Box Springs Link NW
Box Springs Street NW
Box Springs Way NW
Brier Estates Crescent NW
Brier Park Road NW
10 Avenue NW
Brier Estates Way NW
Brier Park Bay NW
Brier Park Crescent NW
Brier Park Drive NW
10 Avenue NW
Brier Park Place NW
PAGE 30 OF BYLAW NO. 4346
Brier Park Place NW
Brier Park Way NW
10 Avenue NW
Brier Park Drive NW
Eagle View Court SW
Factory Street SE
Foundry Street SE
Smelter Avenue SE
Tractor Avenue SE
Gershaw Drive SE
30 Street SW
Gershaw Drive SW Service Road
Mill Street SE
Allowance Avenue SE
Smelter Avenue SE
Oliver Avenue SE
Semrau Drive NW
Brier Park Road NW
Walters Way NW
Smelter Avenue SE
South West Drive SW
9 Avenue SW
25 Street SW
Tractor Avenue SE
Walters Way NW