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TOWN OF PEACE RIVER
BYLAW NO.
BYLAW # 1746
TOWN OF PEACE RIVER
TRAFFIC & STREETS BYLAW
Whereas the municipal council of the Town of Peace River, in the
Province of Alberta, has the authority to implement a Traffic &
Streets Bylaw in accordance with the Traffic Safety Act and the
Municipal Government Act, being respectively Chapter T-6 and
Chapter M-26. 1 of the Revised Statutes of Alberta, 2000, and
amendments thereto; and
Whereas the Municipal Council deems it necessary to provide such a
bylaw: and
Now Therefore the Council of the Town of Peace River, in the
Province of Alberta, duly assembled enacts the following:
101. This bylaw may be cited as the "Traffic & Streets Bylaw".
102. Wherever in this bylaw the following terms are used, unless
the context otherwise requires, they shall have the meanings
respectively ascribed to them in this section, or in the Traffic
Safety Act, that is to say:
(1) "Boulevard" means
(a) that portion of the highway lying between the
curb line of a highway and the adjacent
property line, whether actually painted or
improved or not, excepting that portion
occupied by a sidewalk, or
(b) where there is no curb that portion of a
highway lying between the portion of the
highway ordinarily traveled by vehicles and
the adjacent property line, whether actually
painted or not, excepting that portion
occupied by a sidewalk.
(2) "Chief Administrative Officer" "CAO" means the
Chief Administrative Officer of the Town of Peace
River.
(3) "Commercial Vehicle" means a commercial vehicle as
defined in the Traffic Safety Act.
(4) "Coordinator, Field Services" means the Coordinator
of Field Services for the Town of Peace River
(5) "Council" means the Council of the Town of Peace
River.
Page 2
(6) "Crosswalk" means
(a) that part of a roadway at an intersection
included within the connection of the lateral
line of the sidewalk on opposite sides of the
highway measured from curbs or, in the
absence of curbs, from the edges of the
roadway, or
(b) 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.
(7) "Curb" means the actual curb or division point
between that portion of the street intended for the use
of vehicles and that portion intended for the use of
pedestrians.
(8) "Emergency Vehicle " means an ambulance, fire
apparatus or police vehicle.
(9) "Holiday" means any day defined as a holiday under
the Interpretation Act.
(10) "Highway" means any thoroughfare, street, road, trail,
avenue, parkway, driveway, viaduct, lane, alley,
square, bridge, causeway, trestleway or other place,
whether publicly or privately owned, any part of
which the public is ordinarily entitled or permitted to
use for the passage or parking of vehicles, and
includes:
(a)
(i) a sidewalk (including a boulevard
portion thereof), where a ditch lies adjacent
to and parallel with the roadway, the ditch,
and
(ii) where a highway right of way is
contained between fences or between a
fence and one side of the roadway, all the
land between the fence and the edge of the
roadway, as the case may be,
BUT
(b) does not include a place declared by the
Lieutenant Governor in Council not to be a
highway.
(11) "Loading or Unloading Zone" means a space on the
vehicle portion of the highway, marked with a sign
authorized by this bylaw permitting the parking
therein for the purpose of loading or unloading
passengers or merchandise.
Page 3
(12) "Motor Vehicle" means
(a) a vehicle propelled by any power other than
muscular power and includes an off-highway
vehicle and motorcycles & mopeds
but does not include a bicycle, aircraft an
implement of husbandry or a motor vehicle that
runs only on rails.
(13) "Owner" means
(a) in the case of land, any person who is
registered under the Land Titles Act as the
owner of land, or
(b) in the case of property other than land, any
person who is lawful possession thereof, or
(c) in the case of vehicles, "owner" includes any
person renting a motor vehicle or having the
exclusive use of it under a lease or otherwise
for a period of more than thirty (30) days
(14) "Park" or "Parking" shall mean the leaving of a
motor vehicle standing in one place motionless on a
highway with or without a person in charge thereof
for any space of time.
(15) "Parking Lot" means a lot or portion of a lot
whether publicly or privately owned any part of
which the public is ordinarily entitled to use for
the purpose of parking vehicles.
(16) "Parking Stall" means a portion of a street
indicated by markings as a parking space for one
vehicle.
(17) "Passenger Zone" means an area or space on a
street established for the loading or unloading of
passengers oniy.
(18) "Peace Officer" means a Bylaw Enforcement
Officer or member of the Royal Canadian
Mounted Police.
(19) "Pedestrian" means any person making use of
public highways for passage.
(20) "Skateboard" means a device for coasting made of a
board mounted on coasters or wheels, commonly
called a "skateboard" or other wheeled conveyances.
Page 4
(21) "Time" shall mean Mountain Standard or
Daylight Saving Time, whichever is in effect and
is expressed in this bylaw in 24-hour clock.
(22) "Town" means the Town of Peace River.
(23)
"Trailer" means a vehicle so designed that it may
be attached or drawn by a motor vehicle and
intended to transport property or persons and
includes any trailer that is designed constructed
or equipped as a dwelling place, living abode or
sleeping place, either permanently or
temporarily, but does not include machinery or
equipment used in construction or maintenance
of highways.
(24)
"Traffic Control Device" means any sign, signal,
marking or device placed, marked or erected
under the authority of the Traffic Safety Act or t
this bylaw for the purpose of regulating, warning
or guiding traffic.
(25)
"Traffic Control Signal" means a traffic control
device, whether manually, electrically or
mechanically operated by which traffic is
directed to stop and to proceed.
AUTHORITIES
201. The Council may by resolution exempt any class of
vehicle from such provisions of this bylaw relating to
parking and stopping as the Council may deem fit and
under such conditions as the Council may impose, and
may provide for the identification of such vehicles so
exempted.
202. The Council may by resolution prescribe where traffic
control devices and signals for controlling and regulating
traffic in public places are to be located and delegate to
the Chief Administrative Officer or Coordinator, Field
Services the power to prescribe where traffic control
devices and signals are to be located with a record of such
locations to be kept and which shall be open to public
inspection during normal business hours.
203. The Council may by resolution designate any highway as
one to be divided into traffic lanes.
Page 5
204. Any Peace Officer appointed pursuant to the Police Act
(Chapter P-12.01 RSA) or Bylaw Enforcement Officer
appointed pursuant to Section 555 of the Municipal
Government Act (Chapter M26. 1 RSA) may cause a
vehicle or trailer to be removed and taken to and stored in
a suitable place in accordance with Section 77 of the
Traffic Safety Act (Chapter T-6 RSA) and all costs for
removal and storage are a lien upon the vehicle or trailer.
A Peace Officer or Bylaw Enforcement Officer may
cause a vehicle or trailer to removed and taken to and
stored in a suitable place when:
a)
it is abandoned on any highway under the
municipality's control for a period
in excess of seventy-two (72) hours.
b)
is parked in a location or manner so as to impede
the normal movement of traffic
c)
is parked in a manner that restricts access by
firefighting equipment to a fire hydrant
d)
is situated unattended at a location or in a condition
that, in the opinion of the officer, it constitutes a
present or potential hazard to persons or property.
205. No impounded vehicle or trailer shall be released to its
owner or his agent until the impounding and removal
charge of the vehicle or trailer has been paid; such
charges shall be in addition to any fine or penalty
imposed in respect of any such violation, or any payment
made in lieu of prosecution as hereinafter provided.
206. Notwithstanding anything contained herein, in snow
removal or highway cleaning operations carried on by
Town employees or their contractors, the Town may tow
and remove vehicles or trailers from the highway being
cleaned or from which the snow is being removed, only
after such highways have been posted twelve (12) hours
prior to the commencement of such work. Vehicles
parked in violation of such postings may be towed at the
owner's risk and expense.
207. (1) No person shall, unless a permit has been obtained
from the Town, sell or display goods, or place any
temporary or permanent structure relating to the selling or
display of goods on a highway.
Page 6
(2) If a permit has been obtained from the Town, no
person shall place on the sidewalk any hazardous
material or chemical for sale, or any other thing that may
cause injury to any person walking on the sidewalk.
(3) There shall be a minimum of 1.5 meters walking
space for pedestrian traffic from the edge of the display
and any street fixture.
(4) When applying for a permit, the applicant shall
provide proof of sufficient liability insurance in an
amount prescribed by the Town and naming the Town as
a co-insured.
208. Council or the Chief Administrative Officer may remove
any unauthorized structure or other thing which projects
into or obstructs the use of any highway, sidewalk or
boulevard. Any charge for the removal and storage of any
such structure or thing shall be paid by the owner or other
person responsible therefore, and shall be in addition to
any fine or penalty imposed or any payment in lieu of
prosecution under Schedule "A" of this bylaw
209. Where the Council or CAO is satisfied that any tree,
hedge or shrub heretofore or hereafter planted on private
property interferes with or obstructs the view of the
driver of any vehicle, they may require the owner, by
giving seven (7) days notice by registered mail, to
remove, prune, trim or alter such tree, hedge or shrub,
and if the owner does not eliminate the obstruction within
seven (7) days the Council may direct the work to be
done and the full cost thereof to be added to the property
tax account.
210. (1) Unless otherwise provided, all penalties related to this
bylaw shall be as prescribed by the appropriate
sections of the Traffic Safety Act and associated
regulations.
(2) The Council may amend specified penalties from
time to time.
211. Any person who violates the provisions of this bylaw is
guilty of an offence and liable to the penalties specified in
this bylaw.
Page 7
212. A notice or form specified in Schedule "B" and
commonly called a "Violation Ticket", having a printed
wording approved by the Council may be issued by a
Peace Officer or Bylaw Enforcement Officer to any
person alleged to have committed an offence under this
bylaw and the said notice shall require payment to be
made to the Municipal Treasurer of the amount specified
for that particular offence, and shall state the time within
which such payment shall be made.
213. (1) A person to whom a violation ticket has been issued
may pay the penalty therein specified within the time
stated thereon.
(2) Should a person not pay the penalty within the
specified time, and prosecution has been entered
against him, he shall be liable on summary
conviction to pay the minimum fine equal to the
penalty stated in the said violation ticket, plus the
sum of fifty dollars ($50.00) as costs.
214. Notwithstanding any other penalty that may be provided
by law, a Bylaw Enforcement Officer or a Peace Officer
is hereby authorized to impound any bicycle, skateboard
and/or roller blades operated in contravention of the
provisions of this bylaw for a period not to exceed sixty
(60) days.
215. Any expense incurred by the Town for the removal of any
obstruction on a highway placed thereon in contravention
of this bylaw is a debt due and owing the Town and may
be recovered by adding the said amount to the property
taxes of the person(s) responsible for placing the
obstruction, as provided for under Section 553.1(1) of the
Municipal Government Act.
216. A violation ticket shall be deemed sufficiently issued and
served if:
i.
served on the accused personally, or
ii.
mailed to the address of the registered
owner of the vehicle or property concerned,
or to the person concerned, or
iii.
attached to or left upon the vehicle in
respect of which the offence is alleged to
have been committed
218.
Nothing in Sections 209 and 215 shall:
i.
prevent any person from defending a charge
of committing a breach of this bylaw,
Page 8
ii.
prevent any Peace Officer or other person
from laying any information against any
other person, whether or not such person
has made a payment under the provisions of
Section 209 and 215 for violation of any of
the provisions of this bylaw.
219.
The Town of Peace River will not be responsible for
any impounding or towing charges levied against a vehicle
removed from a highway or parking lot pursuant to this
bylaw.
PEDESTRIANS
301. (1) When a sidewalk or path is located beside a highway
a pedestrian shall at all times when reasonable and
practical to do so, use the sidewalk or path and shall
not proceed along or remain on the highway.
(2) If there is no sidewalk or path, a pedestrian who is
proceeding along or on a highway shall at all times
when reasonable and practical to do so, proceed only
on the left side of the roadway or the shoulder of the
highway facing traffic approaching from the
opposite direction.
302. (1) Every pedestrian crossing a highway shall cross as
quickly as is reasonably possible without stopping or
loitering or otherwise impeding the free movement of
vehicles thereon.
(2) A pedestrian shall not step onto a highway or walk or
run into the path of any vehicle that is so close that it
is impractical for the driver of the vehicle to yield the
right of way.
303. A pedestrian who is crossing the roadway at any point
other than within a crosswalk shall yield the right of way
to vehicles on the roadway.
304. At a place where there is a crosswalk, a pedestrian has,
unless otherwise directed by a Peace Officer or a traffic
control device, the right of way over vehicles for the
purpose of crossing the roadway within the crosswalk,
but nothing in this section relieves a pedestrian from the
duty of exercising due care for his/her own safety.
305. Where a yellow light or a symbol indicating "Wait" is
shown at an intersection by a traffic control signal at the
same time as or following the showing of a green light:
Page 9
a)
a pedestrian facing the yellow light or symbol
indicating "Wait" shall not enter the highway and
b)
a pedestrian proceeding across the highway and
facing a yellow light or symbol indicating "Wait"
after he has entered the roadway:
1) shall proceed to the sidewalk as quickly
as possible and
2) has the right of way for that purpose over
all vehicles.
306. Where a red light is shown at an intersection by a traffic
control signal:
a)
a pedestrian facing the red light shall not enter the
highway unless instructed that he
may do so by a traffic control signal and
b)
a pedestrian proceeding across the highway facing
the red light shown after he
entered the highway shall proceed to the sidewalk
as quickly as possible and has the right of way for
that purpose over all vehicles
307. A pedestrian waiting for a traffic control signal to change
shall not stand on the highway.
308. Three or more persons shall not stand in a group or so
near to each other on any highway or sidewalk as to
obstruct or prevent other persons using such highway or
sidewalk and forthwith after a request has been made by a
Peace Officer or other person duly authorized to do so
shall disperse and move away.
309. No person shall stand, sit or lie on any highway in such a
manner as to obstruct vehicular or pedestrian traffic or as
to annoy or incommode any other person lawfully upon
the highway.
310. No person shall stand upon, or walk along a highway for
the purpose of soliciting a ride from the driver of any
vehicle.
311. No person shall break through the ranks of a parade or
funeral procession or in any way obstruct, impede or
interfere with the parade or procession. This section
applies notwithstanding that the pedestrian is facing a
green or walk light while the parade or procession is in
the intersection.
Page 10
312. Nothing in Sections 308 and 309 shall be construed as
prohibiting the assembling of persons for the purpose of
watching a parade or procession duly authorized by
Council.
PARKING
401. Unless required or permitted by a traffic control device or
signal or in compliance with the direction of a Peace
Officer or to avoid conflict with other traffic, a driver
shall not stop or park his vehicle:
a)
on a sidewalk or boulevard, or
b) on a crosswalk or any part of a crosswalk, or
c)
within an intersection, or
d) at an intersection nearer than 5 meters to the
projection of the corner property line immediately
ahead or immediately to the rear except when his
vehicle is parked in a space where a traffic control
device indicates parking is permitted, or
e)
within 5 meters of and "STOP" or "YIELD" sign,
or
f)
within 5 meters of any fire hydrant or when the
hydrant is not located at the curb within 5 meters
of the point on the curb nearest the hydrant, or
g)
in such a manner as to obstruct access to a garage,
private road or driveway or a vehicle crossway over
a sidewalk, or
h) within 5 meters of the nearest side of a marked
crosswalk, or
i)
along side or opposite any street excavation or
obstruction when stopping or parking would
obstruct traffic, or
j)
on any bridge or in any subway or on the
approaches thereto, or
k) at any place where a traffic control device prohibits
stopping or parking during such time as stopping or
parking is so prohibited, or
1)
on the highway side of a vehicle parked or stopped
at the curb or edge of the highway, or
m) in any lane or alley, except for the purpose of
discharging or loading passengers or goods, or
n) in the entranceway to any fire hall, or ambulance
entryway to any hospital, or
o) in a place where a sign indicates parking is
restricted to a designated class of vehicle only, or
p)
in such a manner or location as to obstruct access
to or impede the progress of another vehicle, or
Page 11
q) in a space designated for the use of Disabled
Persons unless an approved disabled persons'
parking permit is clearly displayed, or
r)
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, firefighters, ambulance personnel or
assistants or rescue officers or volunteers
402. (1) Section 401 shall not apply to vehicles owned or
leased by the following corporations, companies, or
emergency services during such times as the
operators of such vehicles are engaged in duties
arising from their employment that necessitates the
parking of vehicles in the areas mentioned:
a)
the Town of Peace River
b) Royal Canadian Mounted Police
c)
School Buses during such times that said buses are
transporting students to and from the school, and
loading and unloading such students
d) Funeral cars owned and being operated by a
Funeral Chapel in the course of performing a
funeral.
(2) Section 401 shall not apply to vehicles owned or
leased by the following companies when
performing work of an emergency nature:
a)
Atco Electric
b) Atco Gas
c)
Telus
403. (1) Where a sign indicates that angle parking is permitted
or required but no parking guide lines are visible on the
highway a driver shall park his vehicle:
(a) with the sides thereof at an angle of between 30
degrees and 60 degrees to the curb or edge of the
roadway, and
(b) with one front wheel thereof not more than 45
cm from the curb or edge of the highway.
(2) Notwithstanding the above, no person shall angle
park any vehicle or trailer, which, singly or together,
exceeds 6 meters in overall length upon any
highway except at such locations as, may have been
designated by the Council.
Page 12
(3) No person shall park any vehicle or trailer, which,
singly or together, exceeds 6 meters in overall
length upon any highway in a residential area.
(4) No person shall park any commercial vehicle
exceeding three (3) tons gross vehicle weight
upon any highway in a residential area.
(5) No person shall park any vehicle or combination of
vehicles which singly or together exceed 7.5
meters in overall length in any area or zone where
parallel parking is permitted, subject however to
the preceding prohibitions regarding parking in
residential areas.
404. No person shall stand or park any vehicle on any highway
for the purpose of servicing or repairing such vehicle
except for emergency repairs, and
(1) no vehicle shall be left unattended on ajack or
similar device, or
(2) one or more wheels have been removed from the
vehicle or part of the vehicle is raised.
405. No driver of a vehicle shall allow the vehicle to remain at
a standstill for longer than one minute at any place that is
within 10 meters of the point of intersection of that
highway with any other highway.
(a) This section shall not apply to vehicles
engaged in construction, repair,
maintenance or inspection of public
utilities located adjacent to, along, over or
under the highway, or
(b) to a school bus for the purpose of loading or
unloading passengers where there is
insufficient space to park off the roadway and
still allow suitable space on the ground for
passengers.
406. No person shall park a motor vehicle in front of any
school entrance or exit.
407. Except where expressly permitted in this bylaw, no
person shall
(a) abandon a vehicle on a highway, or
Page 13
(b) abandon a vehicle on public or private
property without the consent of the owner
or person in possession or control of the
property.
For the purposes of this section, a vehicle is deemed to be
abandoned where the vehicle is left standing on a
highway or on public or private property without the
consent of the owner or person in possession or control of
the property for more than seventy-two (72) consecutive
hours.
408. (1) When parking on a highway the driver shall park his
vehicle with the side thereof parallel to the curb or
edges of the highway and shall park in the direction
of the flow of traffic and
(a) with the right-hand wheels thereof not
more than 45 cm from the right-hand
curb or edge of the highway or
(b) in the case of a one-way highway where
parking on either side is permitted with
the wheels closest to the curb or edge of
the highway not more than 45 cm from
that curb or edge.
(2) This section does not apply where angle parking is
permitted or required.
(3) Where parking stalls have been marked on any
highway the driver shall park the vehicle between the
lines or markings indicating the limits of a single
parking stall, provided that where any vehicle or
combination of vehicle and trailer exceeds the length
of a single parallel parking stall, the same may
occupy two, but not more than two, parallel parking
stalls.
409. No person shall park a motor vehicle adjacent to or
alongside of a curb that is coloured yellow.
410. Except when actually loading or unloading goods or
actually picking up or discharging passengers, no person
shall:
(a) park a vehicle in a loading or unloading
zone
(b) park on any portion of a highway marked
by a "No Parking" sign
Page 14
411. No person shall park a vehicle in a lane or alley, but lanes
and alleys may be used for:
(a) the loading or unloading of goods from a commercial
vehicle for a period not to exceed thirty (30) minutes,
or
(b) the loading or unloading of goods or passengers from
a vehicle other than a commercial vehicle for a period
not to exceed five (5) minutes;
Provided that the vehicle concerned in such loading or
unloading of passengers or goods does not obstruct the
lane as to prevent free passage of other vehicles.
412. No person shall park a vehicle on private land that has
been clearly marked as such by a sign erected by the
owner, tenant or other agent unless such person has
obtained the permission of the owner, tenant, occupant or
person in charge of said private land.
413. Council authorizes any owner, tenant, occupant or person
in charge of private land being satisfied that any person is
violating the prohibition set forth in Section 411 to report
to the police the licence number and location of the
illegally parked vehicle.
414. Excepting only Town vehicles or emergency vehicles, no
person shall drive or park any vehicle upon any land
owned by the Town of Peace River which the said town
uses or permits to be used as a playground, boulevard,
recreation area or public park; except on such part thereof
as may be designated as a highway by signs expressly
permitting same.
415. No person shall park a vehicle that is not a taxicab in a
marked taxi stand.
416. No person shall park any trailer, whether designed for
occupancy by persons or for carrying goods or
equipment, upon any highway unless the said trailer is
attached to a vehicle by which it may be propelled or
drawn, subject to the provisions of section 403 (3).
Page 15
417. No person, other than a Town employee to whom a
space is assigned, shall, between 0800-1700 Monday to
Friday inclusive, except holidays, park a vehicle in any
parking space upon Town owned property where such
space has been reserved for a vehicle operated by an
employee of the Town.
418. No person shall park a vehicle on a Town owned parking
lot in contravention of the prohibitions stated on any sign
placed in said parking lot.
419. No person shall, between 2300-0700 daily, park any
vehicle with the motor running within 15 meters of any
dwelling so as to cause a disturbance to residents.
OPERATION OF VEHICLES
501. (1) Unless otherwise designated, the maximum speed
limit on all highways in the Town shall be 50 km
per hour.
(2) The speed limits as set out in subsection 1 may be
altered at such locations as may be posted by
regulatory or cautionary signs indicating a reduced
speed.
(3) Penalty provisions as established under the Traffic
Safety Act shall apply to this section of this bylaw.
502. No person shall drive any vehicle at a rate of speed in
excess of 25 km per hour on any lane or in turning any
corner.
503. No person shall leave any vehicle on any highway
which has been cleared or is about to be cleared for a
parade, providing that sufficient signs have been placed
at the particular intersections at least twelve (12) hours
before such parade is to take place.
504. No person, other than the driver of an emergency vehicle
responding to an emergency situation and displaying
warning lights and sounding a siren, shall drive a vehicle
so as to cause the vehicle to break through the ranks of a
military, funeral or other authorized parade or
procession.
505. No driver of any vehicle shall draw alongside of or pass
or attempt to draw alongside of or pass any other vehicle
travelling the same direction in any school zone or
playground safety zone during the hours in which a
speed limit of 30 km per hour is in effect.
Page 16
506.
No vehicle operator shall drive or stand a vehicle upon
any highway in such a manner as to block, obstruct,
impede or hinder traffic thereon, provided that where
the obstruction is unavoidable due to mechanical
failure, the operator will not be in breach of this
section provided that he promptly takes measures to
clear the disabled vehicle from the highway.
507. No driver shall turn a vehicle so as to proceed in the
opposite direction:
(a)
on a highway between intersections, or
(b) at a place where signs prohibit making a "U" turn,
or
(c) at an intersection controlled by a traffic control
signal or device, or
(d) at an alley intersection, or
(e) at an intersection when the vehicle is required to
stop, or
(f)
at any other intersection unless the movement can
be made in safety.
508. No person shall back a vehicle into an intersection or a
crosswalk.
509. (1) A driver shall yield the right of way to a pedestrian
crossing the highway within a crosswalk.
(2) Whenever any vehicle is stopped at a crosswalk to
permit a pedestrian to cross the highway, any other
driver approaching from the rear shall not overtake
and pass the stopped vehicle.
510. Where an unprotected hose of the fire department has
been laid down on any highway or driveway for use at a
fire or alarm of fire, no person shall drive any vehicle
over such hoses except with the consent of fire officer in
charge of the scene.
511. Where a traffic lane is marked by a traffic control device
showing the words "Left Turn Only" or "Right Turn
Only" the driver travelling in that lane may make only
the movement indicated by the traffic control device at
the intersection or other place to which the traffic control
device applies.
Page 17
512. Where a highway or portion of a highway is marked by
a traffic control device showing the words "Do Not
Enter", or the internationally recognized symbol
indicating that entry is prohibited, no driver shall enter
into that portion of the highway so designated.
513. No driver of any vehicle shall permit the load, or any
part of the load, or any fuel from any vehicle to be
spilled. The driver shall forthwith remove any spillage
from the highway. Any costs incurred by the Town to
clean up any spillage shall be charged to the registered
owner of the vehicle.
514. A person driving a motor vehicle shall not, during the
period of time between 2200 and 0700 operate the
motor vehicle on a highway in a residential area in a
manner that unduly disturbs the residents of the
residential area.
515. The use of engine retarder brakes ("jake brakes") is
prohibited within the corporate limits of the Town.
USE OF STREETS
601. No person shall, without authorization from the Town,
deposit any earth, rocks, trees, snow, ice or any other
substance on any highway, sidewalk or boulevard within
the Town, and if such deposits have been made without
authorization and the Town removes same, the expense
incurred shall be chargeable to the person responsible,
which shall be in addition to any fine or penalty imposed
or to any payment made in lieu of prosecution under this
bylaw.
602. No person shall, without authorization from the Town,
locate any dumpster, garbage bin, receptacle or vending
machine upon any highway, sidewalk or boulevard
within the Town.
603. No person shall remove, damage or interfere with any
barricade, notice, mark, sign, flare pot or other highway
device.
604. No person shall wilfully drive or walk on or over a
newly painted line on any highway which is indicated by
signs, flags or other warning device.
Page 18
605. No person shall drive on, or haul on or over, any hard
surfaced or gravelled highway in the Town, any tractor
or motor vehicle or any type of equipment or building or
thing which may in any way damage the said highway.
606. No person shall drive a vehicle upon any grassed or
cultivated lands or improved areas, skating rinks,
recreational areas, tennis courts, parks, playgrounds or
school grounds, except on existing highways, or except
in the performance of authorized duties.
607. No person shall drive a loaded truck or commercial
vehicle over or upon any curb and gutter, or sidewalk
within the Town, unless and until such curb and gutter or
sidewalk has been suitably reinforced by timbers and or
planks to ensure no damage will occur to said curb and
gutter or sidewalk.
608. (1) The Coordinator, Field Services or person appointed
by him is hereby authorized 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
generality of the foregoing, may:
(a) make provisions and regulations in order to
temporarily close to traffic any highway or part
thereof;
(b) suspend temporarily any parking privileges
granted by this bylaw;
(c) restrict the speed of vehicles;
(d) close any portion of highways to any special
class of vehicles;
(e) make such other provisions and regulations as
may be deemed necessary.
The Coordinator, Field Services or person appointed
by him is further authorized to cause signs,
barricades, flares, or other things as he deems
necessary, to be placed on highway warning persons
of any such regulations and provisions in effect and
may delegate an employee of the Town to cause
such signs, barricades, flares, or such other things to
be so placed.
Page 19
(2) No person shall drive a vehicle in contravention of
any sign or signal placed in accordance with any
provisions made by the Coordinator, Field
Services or in contravention of any such provision
or regulation.
(3) No person shall tear down, remove, deface or
interfere with any signs, signals, barricades,
flares or other things placed in accordance with
this bylaw.
SPECIAL CLASSES OF VEHICLES
701. Except as permitted by this bylaw, or under the
terms & conditions of a permit issued by the Peace
River Fire Department, no person shall drive or park a
vehicle used for the conveyance of dangerous goods, as
defined by the Transport of Dangerous Goods
regulations (Transport Canada), on any highway in a
residential area of the Town of Peace River.
702. Vehicles obliged to make deliveries in the course of
their ordinary business may travel directly to and from
their required destination via a route approved by the
Peace River Fire Department. Travel off these approved
routes is not permitted.
703. This section does not prevent a driver of such vehicle
obtaining food or lodging, provided the vehicle is parked
a minimum of 15 meters from any public institution or
residential building.
BICYCLES AND SKATEBOARDS
801. A person operating a bicycle on a highway shall ride as
near as practicable to the right hand curb or edge of the
highway.
802. No person shall operate a bicycle, skateboard, roller
skates or blades or any motor vehicle, on any sidewalk,
except where expressly permitted to do so by this bylaw.
803. No person shall operate a skateboard on any highway or
sidewalk without having due regard for the safety of
other persons using the said highway.
Page 20
804. No person travelling upon any bicycle, coaster, sled,
skis, roller skates or blades, skateboard or any toy
vehicle shall cling to or attach himself or his conveyance
to any vehicle upon any highway.
805. Children's bicycles or tricycles having a wheel diameter
of less than 50 centimetres are exempt from this section.
VOLUNTARY PAYMENT TICKETS
901. Where a Peace Officer believes that any person has
committed a breach of the sections of this bylaw, he may
serve upon such person a violation ticket in the manner
provided herein, and the person so served shall pay to the
Municipal Treasurer the amount so set out in Schedule
"A" attached. Where a vehicle is towed, the tow
operator shall not release the vehicle to the owner or
driver until proof of payment of any violation
ticket is produced.
902. A person served with such a ticket may, within ten (10)
working days of issue, pay the amount indicated thereon
to the Municipal Treasurer in lieu of prosecution.
903. If a person has been prosecuted for the offence named in
the ticket where the offence is subject to a specified
penalty and has been convicted of such offence then the
fine imposed shall not be less than the original amount
indicated on the said ticket, plus costs as defined in
Section 212 (2)
904. Where a ticket is issued for a breach of any provisions of
this bylaw, it may be paid in cash, cheque or money
order by:
(a) presenting the offence ticket and the amount of the
fine indicated on the ticket directly to the Town
Office during regular business hours, where an
official receipt will be issued., or
(b) placing the exact amount of the fine indicated on
the offence ticket in the envelope which forms an
integral part of the ticket and mailing same to the
address on the back of the ticket. Where payment
is made in this manner, no receipt will be issued,
or
(c) placing the exact amount of the fine indicated on
the offence ticket and the offence ticket in an
envelope and mailing it to the Town Office. No
receipt will be issued for payments made in this
manner.
Page 21
TRANSITIONAL
1001. (1) Where proceedings for an offence against this
bylaw were commenced before the coming into
force of this bylaw, the offence shall, after the
coming into force of this bylaw be dealt with,
inquired into, tried and determined in
accordance with this bylaw, and any penalty,
forfeiture, or punishment in respect of that offence
shall be imposed as if the bylaw had not come into
force, but where, under this bylaw, forfeiture or
punishment in respect of the offence is reduced or
mitigated in relation to the penalty, forfeiture or
punishment that would have been applicable if this
bylaw had not come into force, the provisions of
this bylaw relating to penalty, forfeiture and
punishment shall apply.
(2) Where proceedings for an offence against this
bylaw are commenced after the coming into force
of this bylaw the following provisions apply,
namely:
(a) the offence, whenever committed,
shall be dealt with, inquired into,
tried and determined in
accordance with this bylaw;
(b) if the offence was committed
before the coming into force of
this bylaw, the penalty,
forfeiture or punishment to be
imposed upon conviction for
that offence shall be that
authorized or required to be
imposed by this bylaw
or by the law that would have
applied if this bylaw had not
come into force, whichever
penalty, forfeiture or
punishment is the less severe.
Page 22
REPEAL OF CONFLICTING BYLAWS
1101. Bylaws 1381, 1501, 1528 and 1633 are hereby repealed.
Read a first time this 27 day of October, 2003.
11y Bunn, CAO
Read a second time this c9 (, day of
fl tL2.kL
20041
C
Lorh G.
, Mayor
elly Bunn, CAO
Read a third and final time this
day of
, 200-
c/b
eiG Mann, Mayor
Kelly Bunn, CAO