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BYLAW NO. 2023-671
OF THE TOWN OF VIKING
IN THE PROVINCE OF ALBERTA
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BY-LAW NO. 2023-671
A bylaw of the town of Viking in the province of Alberta for
the purpose of regulating and controlling motor vehicle and
pedestrian traffic.
WHEREAS THE
Municipal Government act, R.S.A. 2000, Chapter M-26 as
amended or repealed and replaced from time to time, and
the traffic safety act, R.C.A 2000, Chapter T-6 as amended or
repealed and replaced from time to time authorizes a
municipal council to pass bylaws respecting highways under
the direction, control and management of the municipality;
and whereas the council of the town of Viking deems it
advisable to pass a bylaw for the purpose of regulating,
controlling and managing highways and sidewalks within the
town of Viking.
NOW THEREFORE
the Municipal Council of the town of Viking duly assembled
enacts as follows:
1. TITLE
This bylaw may be cited as the Traffic Control Bylaw.
2. DEFINITIONS
In this bylaw, unless the context requires otherwise, all terms defined in the current Traffic
Safety Act, including associated Regulations, shall apply. For clarification:
2.1
"Council" means the Municipal Council of the Town of Viking.
2.2
"Enforcement Officer" means any federal or provincial or duly appointed municipal
Special Constable or Bylaw Enforcement Officer having jurisdiction within the
municipality.
2.3
"Highway" means any thoroughfare, street, road, trail, avenue, parkway, viaduct,
lane, alley, square, bridge, causeway, trestle way, or any other place, or any part of
any of them, whether publicly or privately owned, that the public is ordinarily
entitled or permitted to use for the passage or parking of vehicles, and includes
(a) the sidewalk and the boulevard adjacent to the sidewalk.
(b) the ditch, if any, lying adjacent to, and parallel with, the roadway, and
(c) if the highway right of way is fenced, all the land between the fences or between
the fence and the roadway as the case may be.
2.4
"Municipality" means the Town of Viking.
2.5
"Vehicle" means any device in, or on which a person or thing may be transported or
drawn on a highway, including a combination of vehicles, but excluding a mobility
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BYLAW 2023-671
aid being used to facilitate the transport, in a normal seated orientation, of a
person with a physical disability.
2.6
"Violation tag" means a ticket or similar document issued by the Town pursuant to
the Municipal Government Act, R.S.A. 2000, c.M-26, as amended or replaced and
appealed from time to time.
2.7
"Violation ticket" means a ticket issued pursuant to the Provincial Offenses
Procedure Act, RSA 2000c.P-34 and regulations there under, as amended or
replaced and repealed from time to time.
3. GENERAL PROHIBITIONS
3.1
No person shall tow anything behind a vehicle unless attached to the towing vehicle
by a solid hitch.
3.2
No person shall start, stop, turn, or drive a vehicle or animal within the Town limits
in a dangerous or reckless manner.
3.3
No person shall cause any loud or unnecessary noise from the tires, engine muffler,
or sound equipment of any vehicle.
3.4
No person shall place or cause or allow to be placed a light or object or other thing
that reflects light in such a manner as to interfere with the vision of pedestrians or
persons operating a vehicle.
3.5
No person shall cause or allow to be placed, thrown, deposited, disposed of,
dropped or otherwise left any soil, rock, cement, noxious or waste fluids, litter; nor
any object or thing whereby any person, animal, bicycle, or vehicle may be injured
or damaged; on a highway, on a boulevard, in a drainage system, or in any other
public place; snow from an adjoining sidewalk excepted.
3.6
No vehicle larger than a 'one (1) ton', or combination of vehicles, having a GVW in
excess of 4500 kg or exceeding 10.7 meters in length, whichever is less, shall enter
within the Town except on designated truck routes or under authority of a permit
issued by the Town Administrator, delivery vehicles while making a delivery and
recreational vehicles excepted.
(a) Designated truck routes shall include:
(i) Provincial Highway 36
(ii) Provincial Highway 619
(iii) All town roads west of Highway 36
(iv) Township Road 480 including 60 Ave.
(b) No person shall cause, or allow to cause, a delivery vehicle to operate off the
above-designated truck routes except that the delivery vehicle proceed by the
shortest and most direct route between the designated truck route and the point
of delivery.
(c) No person shall cause, or allow to cause, a vehicle described in this Section to be
parked on a truck route except for the time required for the driver to conduct
business in Town.
3.7
Notwithstanding the size, height or weight restrictions of vehicles or exemptions
described in Section 3.6,
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(a) No person shall drive or haul or park on or over any highway within the Town,
any vehicle or other type of equipment or thing that causes or is likely to cause
damage to the highway.
(b) No person shall operate a vehicle or trailer within the Town having metal spikes,
lugs, cleats, chains or bands projecting from the surface of the wheels or tires.
(c) No person shall park or keep on private property in any residential area zoned
R.1 or R.2, whether on or off a trailer, except for the express purpose of doing
permitted work and only for the amount of time reasonably required to complete
the work, any vehicle or equipment of husbandry or construction.
(d) No person shall park any vehicle or combination of vehicles having an offensive
odour in any residential area.
(e) Pursuant to the Dangerous Goods Regulations, no person shall operate or park a
vehicle carrying solid Dangerous Goods or any vehicle fitted with barrels, tanks, or
containers for carrying gaseous or liquid Dangerous Goods in bulk quantities,
whether such barrels, tanks, or containers are full or empty, on any highway within
the municipality not designated as Dangerous Goods routes except for the express
purpose of making a delivery.
3.8
Any store or business establishment that has provided parking space for its patrons
or customers may make and enforce regulations governing the parking of vehicles
in said space.
4. RIGHT OF WAY
4.1
The driver of any animal or vehicle shall yield right of way to any pedestrian
crossing a highway in a crosswalk.
4.2
The driver of any animal or vehicle entering any highway from any land, driveway,
garage, parking lot, or business property shall yield right of way to all vehicles and
pedestrians.
5. SPEED
5.1
Unless otherwise posted, no person shall operate a vehicle within the Town at a
speed in excess of forty (40) km/h.
5.2
No person shall operate a vehicle within a school zone or playground zone at a
speed in excess of thirty (30) km/h during the times pursuant to Sections 4 through
9 of the Use of Highway and Rules of the Road Regulation as amended or repealed
and replaced from time to time.
5.3
No person shall operate a vehicle in any alley or lane within the town or within a
trailer park or within a recreation park at a speed in excess of twenty (20) km/h.
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6. OBSTRUCTIONS
6.1
No person shall, without legal authority, place an obstruction on, under, or over any
highway, or any public place.
6.2
No person shall place or leave an extension cord across any sidewalk or boulevard
for the purpose of operating a vehicle block heater, supplying electricity to a
recreational vehicle, or for any other purpose.
6.3
No person shall allow or cause to allow any door or gate to swing out over any
sidewalk, designated footpath or highway.
6.4
No person shall drive a vehicle or stop, park, or leave a vehicle, whether attended or
unattended, upon a highway, parking lot or other public place in such a manner as
to block, obstruct, impede, or hinder the normal flow of traffic.
6.5
Where an obstruction is unavoidable due to mechanical failure, a person who takes
immediate steps to remove the obstructing vehicle will not be held in violation of
this bylaw.
6.6
No person owning, occupying or in control of land within the Town shall fail to clear,
within twenty-four (24) hours of having been deposited, any snow, ice, soil or other
obstructing matter from all sidewalks adjoining said property.
7. PARADES AND PROCESSIONS
7.1
No person shall hold, or participate in, a parade or procession including any group
or train of individuals and/or animals and/or vehicles using any highway or public
place within the Town for show, display or demonstration without having first
notified and obtained any necessary permit of authority from the Town Office.
7.2
A vehicle in a funeral procession, other than the lead vehicle, may, during daylight
hours, enter into an intersection without stopping or yielding right of way
provided:
(a) The headlights of the vehicle are on, and
(b) The vehicle is travelling immediately behind the vehicle ahead of it so as to
form a continuous line of traffic, and
(c) The passage into the intersection can be made in safety.
7.3
No person shall drive a vehicle:
(a) Through the ranks of a military or funeral procession, or
(b) Through the ranks of any other authorized parade or procession.
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8. BICYCLES, OFF-HIGHWAY VEHICLES, WAGONS, CARTS
8.1
No person shall leave a bicycle or other manually propelled vehicle unattended
within the Town:
(a) In any manner so as to obstruct pedestrian or vehicle traffic on any highway,
sidewalk, or footpath, or
(b) On any property owned or controlled by the Town unless it is parked in a
bicycle rack or leaned against a building in such manner that it does not fall or roll.
8.2
No person shall drive, push, or pull any vehicle on a sidewalk except at sidewalk
crossings designed for that purpose; children's wagons, mobility scooters,
tricycles, and bicycles having a wheel diameter of less than sixty-five (65) cm
excepted; except when the vehicle is clearing snow or other debris.
8.3
No persons shall ride a manually propelled vehicle on a highway unless such
vehicle is equipped with rear reflectors, and at least one mirror except that such
persons:
(a) Keep as near the right-hand curb or edge of the roadway as conditions and
weather permit, and
(b) Ride not more than two riders unless equipped with a manufactured approved
extra seat that would accommodate additional riders.
8.4
No person shall operate an off-highway vehicle (whether two or four wheeled) on
Town paved streets, Town roads, public sidewalks, Town grassy areas or
alleyways, unless it is an off-highway vehicle with a blade being used for clearing
snow and other debris.
a) When riding an off-highway vehicle out of Town, the shortest route out of
Town must be taken.
b) When riding an off-highway vehicle (Golf Cart) proceed directly from place of
storage DIECTLY by the shortest route to the Golf Course for the purpose of
golfing and then directly returning to place of storage.
c) When riding an off-highway vehicle proceed from storage directly to
sanctioned Parade/Festival following event proceed to shortest direct route to
storage.
d) No riding an off-highway vehicle (whether two or four wheeled) between dusk
till dawn
e) When the operator an off-highway vehicle (Golf Cart) must be a minimum of 14
years of age
f) An off-highway vehicle must carry a minimum liability insurance of $1 Million
dollars.
g) Municipality using personally owned golf cart on public streets must have
yearly trailing fees paid at VGCC
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9. PARKING
9.1
Except where exempted or otherwise authorized, all vehicles shall be parked
parallel to
(a) The right-hand curb and with the right-hand wheels within thirty (30) cm of said
curb, or
(b) Where no curb exists, far enough to the right side of the highway so as to not
impede normal traffic flow.
9.2
No vehicle shall be double, centre, or left-of-center parked.
9.3
No person shall park a vehicle on property owned or maintained by the Town that is
(a) Inoperable due to damage, or.
(b) Does not display current registration.
9.4
No person shall park any manner of trailer on a highway unless the trailer is
attached to a vehicle by which it may be properly drawn, and when so attached the
trailer shall be part of the vehicle and subject to any regulations pertaining to the
vehicle.
9.5
No person shall, without permission of the person owning, occupying or controlling
a private property in a residential area, park a personal or recreational
vehicle on such highway frontage other than on that portion of the highway
frontage immediately adjoining property owned, occupied or other wise controlled
by the person operating the personal or recreational vehicle.
9.6
No vehicle shall be parked on a highway for more than twenty-four (24) continuous
hours, owners of vehicles parked on a highway frontage adjoining their personal
property and vehicles parked pursuant to Section 9.5 excepted.
9.7
Except as permitted in Section 9.5, any vehicle parked for more than seventy-two
(72) hours shall be considered abandoned.
9.8
Notwithstanding Section 9.5, no person shall park, or allow to remain parked, a
recreational vehicle on a highway;
(a) For more than seventy-two (72) hours from May 1 to October 31, and
(b) From November 1 to April 30.
9.9
Notwithstanding Section 9.5, no person shall allow a motor vehicle to remain
parked on a highway for more than seventy-two (72) hours from November 1 to
April 30.
9.10 No person shall park a vehicle:
(a) In a location where a vehicle would interfere with the use of a doorway
intended as a fire or emergency exit from a building adjoining a highway, or
(b) At or near the site of any fire, explosion, accident or other incident where
stopping or parking may obstruct traffic flow or hinder the activities of any
emergency vehicles, equipment, personnel, or volunteers, or
(c) At an intersection, within five (5) meters to the projection of the corner
property line immediately ahead or immediately to the rear excepting
where parking spaces are defined, or
(d) Within five (5) meters of a fire hydrant or, where it is not located on the
curb, of the point on the curb closest to said fire hydrant, or
(e) Within five (5) meters of a traffic control device, or
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(f) Within two (2) meters of the near side of a marked crosswalk, or
(g) Within one and one half (1.5) meters of an access to a garage, driveway or a
vehicle crossway over a sidewalk, or
(h) Adjacent to any curb painted so as to identify it as a 'No Parking' zone, or
(i) Except wholly within the limits of any space marked for that purpose, or
(j) In an angle parking space with the nearer front tire more than thirty (30) cm
from the curb, or
(k) Any combination of vehicles, motorcycles with attached trailers excepted, or
vehicle exceeding six and one half (6.5) meters in length, in an area
designated for angle parking, or
(l) Without a permit n a place or area where a sign indicates that parking is
restricted to designated classes of vehicles, or
(m) Without a permit, in a place or area where a painted curb indicates parking
is restricted to designated classes of vehicles, or
(n) In an area marked 'No Parking', excepting a person:
1. Receiving or delivering goods but only during the execution of a
transaction and for a period not to exceed thirty (30) minutes, or
2. Receiving or delivering passengers for a period not exceeding five (5)
minutes and provided traffic is not obstructed.
(o) On private property that has been clearly marked as such by a sign erected
by the owner, legal occupant or agent of said land unless permission has
been obtained from the owner, legal occupant or person in charge of said
property, or
(p) Or drive a vehicle on upon any land within the Town that the Town uses or
permits to be used as a playground, boulevard, recreation or public park,
except on such part thereof as may be designated by roadways or signs.
(q) Parallel to any highway and facing oncoming traffic.
(r) Or leave a vehicle parked on a highway within the block or otherwise
defined space after the expiration of twelve (12) hours from the time the
Town erects No Parking signs and until such signs are removed.
(s) Opposite a construction site where parking may hinder the normal flow of
traffic.
(t) On any highway; or property owned, operated or maintained by the Town,
the primary purpose of which is to advertise the vehicle as being for sale.
(u) Section 9 shall not apply to vehicles that are owned or operated by the Town
or a (an):
1. Enforcement Officer having authority in the Town.
2. Public utility.
3. School Board when picking up or dropping off children.
4. Funeral company during a funeral.
5. Any other vehicles of an emergency nature.
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10. AUTHORITY TO ERECT, REMOVE OR ALTER TRAFFIC CONTROL DEVICES
10.1
Council may, by resolution, erect, remove or alter traffic control devices as
deemed necessary from time to time.
10.2
Any person(s) caught erecting, removing or altering signage pursuant to Section
10.1 may be charged with an offense and penalized as detailed in the attached
Schedules of this bylaw.
10.3
The Town Foreman or his (her) designate is hereby authorized to make any
temporary provisions and regulations deemed necessary concerning traffic control
devices, traffic flow, traffic speed, pedestrian access or public or private parking in
times of emergencies or in areas where construction or repair work is being
carried out.
10.4
The Town Foreman or his (her) designate is further authorized to cause signs,
barriers, flares or other markers to be placed to warn persons of any such
temporary provisions or regulations in effect.
11. USE OF STREETS AND PUBLIC PLACES
11.1
No person shall throw, or cause or allow to be thrown, any snow, ice, dirt, rocks or
any other object at vehicles or pedestrians on a highway, sidewalk or any publicly
owned, operated or controlled land or property within the Town, except as
permitted in Section 3.5.
11.2
No person shall use, or cause or allow to be used, any mechanical device to propel
projectiles onto a highway or sidewalk or any publicly owned, operated or
controlled land or property within the Town.
11.3
No person being in or upon any building, public vehicle, publicly owned and
operated or controlled premises or land, or any of the same that the Town has a
vested interest in, shall violate any rules, regulations or orders made or approved
by Council for and in respect thereof.
12. PEDESTRIANS
12.1
No person shall crowd or jostle other pedestrians in such manner as to create or
cause discomfort, disturbance, or confusion.
12.2
No person shall stand or walk along a highway for the purpose of soliciting a ride
from a person operating a vehicle.
12.3
Two (2) or more persons shall not stand so near to each other on a highway or
sidewalk or footpath if such actions obstructs or prevents:
(a) The entrance to a building or public place, or
(b) Other persons from using the highway, sidewalk or footpath.
12.4
Section 12.3 shall not be construed as prohibiting the assembly of persons for the
purpose of watching a parade or procession.
12.5
Every pedestrian crossing a highway at a point other than at a crosswalk shall yield
the right of way to vehicles using the highway.
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12.6
At a place where there is a crosswalk, unless otherwise directed by an
Enforcement Officer or traffic control device, although a pedestrian does have the
right of way, nothing in this bylaw relieves a pedestrian from the duty of exercising
due care for his or her safety.
12.7
No person or persons shall walk on a highway in such manner as to obstruct,
hinder, or distract persons operating vehicles.
13. REMOVAL OF VEHICLES AND TRAILERS
13.1
Pursuant to the Traffic Safety Act, Sections 76 and 77, any Enforcement Officer
may cause any vehicle or trailer or combination thereof in violation of this bylaw
to be removed, taken to, and stored, in a suitable location and all costs for
removal and storage shall constitute a lien against such vehicle or trailer.
13.2
No impounded vehicle or trailer shall be released to its owner or his agent until all
liens and fines against such vehicle or trailer are cleared.
13.3
Notwithstanding Section 13.1, in snow removal or street cleaning operations
carried out by the Town or its contractors:
(a) If a person fails to remove a vehicle upon a request made by a Town employee
and within the time frame given, or
(b) If a Town employee is unable to contact said owner, then
the Town may tow or remove vehicles interfering with these operations and park
same on an adjacent street without impounding them.
14. OFFENCES AND PENALTIES
14.1
Any person who contravenes any Section of this bylaw is guilty of an offence and
liable, on summary conviction before a Provincial Court Judge, to fines as listed in
Schedule A.1 of this bylaw.
14.2
A Provincial Judge, in addition to the penalties provided in this bylaw, may direct
or order any person found guilty of an offence in any manner deemed
appropriate.
14.3
Notwithstanding Section 14.1 of this bylaw, a Peace Officer may issue a violation
tag to a person who the Peace Officer has reasonable and probable grounds to
believe has contravened any provision of this bylaw:
a) Specifying a voluntary payment as described in Schedule A.2 a) specifying a
voluntary payment as described in Schedule A.2 of this bylaw; and
b) The person to whom the violation tag is issued may, in lieu of being prosecuted
for the offence, pay to the Town or the Enforcement Officer the penalty specified
within the time period indicated on the violation tag.
14.4
A violation tag shall be deemed to have been sufficiently served if
a) served to the accused directly, or
b) mailed to the address of the registered owner of the vehicle or person
occupying a property, or
c) Secured to the vehicle or property in respect of which the offense is alleged to
have been committed.
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14.5
In those cases where a violation tag has been issued and the penalty specified on
the violation tag has not been paid within the prescribed time, an Enforcement
Officer may issue a violation ticket specifying that a voluntary payment be made as
described in Schedule A.3 of this bylaw.
14.6
Notwithstanding Sections 13.1 and 13.3 this bylaw, an Enforcement Officer may
immediately issue a violation ticket to any person who the Enforcement Officer
has reasonable grounds to believe has contravened any provisions of this bylaw,
specifying that
a) a voluntary payment be made to the Provincial Court as described in Schedule
A.3 of this bylaw; or
b) If it is in the public interest to compel the accused to appear before a Judge,
issue a summons respecting any offense for which a voluntary payment may be
made requiring the accused to appear before a Provincial Court Judge on the
initial appearance date without the alternative of making a voluntary payment.
14.7
In addition to any fine levied relative to Section 6.6 of this bylaw, the person
owning, occupying or having control of, said property shall pay any additional
costs incurred in the event that the Town or its agents to clean the sidewalk.
14.8
An enforcement Officer, Manager, Operator or other person from time to time in
charge of any buildings, vehicles, premises or lands owned, operated or controlled
by the Town or in which the Town has a vested interest, may evict there from,
using such force as is reasonably necessary, or deny access to, any person who
fails or refuses to obey any rules, regulations, or orders as posted or otherwise
applicable.
14.9
The levying and payment of any fines shall not relieve a person from the necessity
of:
a) Immediately remedying the situation that created the violation, and/or
b) Paying any fees, charges or costs for which he is liable under the provisions of
this bylaw.
15. SEVERABILITY PROVISION
15.1
Should any provision of this bylaw be invalid, then such provision shall be severed,
and the remaining bylaw shall be maintained.
16. REPEAL
16.1
Town of Viking Bylaw 2005-575 is hereby repealed.
16.2
Town of Viking Bylaw 2018-671 is hereby repealed.
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17. EFFECTIVE DATE
17.1 This bylaw shall take effect on the date of passing thereof.
READ a first time this 17th day of September, 2023
READ a second time 17th day of September, 2023
READ a third time this 16th day of October, 2023
_______________________
Mayor
________________________
Chief Administrative Officer
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SCHEDULE A
SCHEDULE A.1
(a) for a first offense, a fine in the amount of $200.00,
(b) for a second offense, a fine in the amount of $250.00,
(c) for a third or subsequent offense, a fine in the amount of $500.00.
SCHEDULE A.2
(a) for a first offense, a voluntary payment in the amount of $100.00
(b) for a second offense, a voluntary payment in the amount of $150.00,
(c) for a third or subsequent offense, a voluntary payment in the amount of $300.00.
SCHEDULE A.3
(a) for a first offence, a voluntary payment in the amount of $200.00,
(b) for a second offense, a voluntary payment in the amount of $300.00,
(c) for a third or subsequent offense, a voluntary payment in the amount of $600.00.