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SUMMER VILLAGE OF WAIPAROUS
BYLAW NUMBER 15-88
(Office Consolidation - with amendments up to June 22, 1989)
BEING THE TRAFFIC BYLAW OF THE SUMMER VILLAGE OF WAIPAROUS IN THE PROVINCE
OF ALBERTA
WHEREAS the Municipality is empowered to pass bylaws for the safety of those using the streets within
the Municipality, to control and regulate the use of those streets, to control and regulate the vehicle traffic
and pedestrians moving thereon, and to control and regulate the parking of vehicles thereon.
NOW THEREFORE, the Council of the Summer Village of Waiparous, in the Province of Alberta, hereby
enacts as follows:
1.
This bylaw may be cited as the "Waiparous Traffic Bylaw, 1988".
2.
(1)
In this bylaw:
(a)
"Act means the Highway Traffic Act, R.S.A. 1980, Chapter H-7 and
amendments thereto;
(b)
"alley" means a narrow highway intended chiefly to give access to the rear of
buildings and parcels of land;
(c)
"'bicycle" means a vehicle for the carriage of persons which is propelled by
human power, and includes a unicycle, bicycle, tricycle and any device adapted
from any of those by the addition of one or more wheels;
(d)
"block" means a portion of a street which lies between two other blocks neither
of which is any alley and which both intersect the first named street;
(e)
"Council" means the Municipal Council of the Summer Village of Waiparous,
in the Province of Alberta, duly assembled and acting as such;
(f)
"Crosswalk" means that 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;
(g)
"emergency vehicle" means a vehicle which is used by:
(i)
an employee of the Village;
(ii)
an employee of the Government of the Province of Alberta;
(iii)
an employee of the Government of Canada;
(iv)
a Councillor or the Mayor of the Village;
(v)
a person engaged in road maintenance or road construction within the
Village; or
(vi)
a person engaged in the construction of a public utility within the
Village,
where that employee, Councillor, Mayor or person is, while using the vehicle, performing
the duties of his or her employment or office;
(i)
"Land Titles Office" means the Land Titles Office of record for the South
Alberta Land Registration District under the Land Titles Act;
(j)
"Maximum weight" means:
(i)
the maximum weight of an vehicle as recorded on the Official
Registration Certificate or Interim Registration Certificate for such
vehicle issued by the Government of the Province of Alberta; or
(ii)
if there is no such Official Registration Certificate or Interim
Registration Certificate for the vehicle then the combined weight of the
vehicle and the heaviest load that may be carried in accordance with the
Motor Transport Act of the Province of Alberta and the Regulations
thereunder;
(k)
"motor vehicle" means a vehicle propelled by any power other than muscular
power but does not include a bicycle or a motor vehicle which runs only on
rails;
(l)
"Municipal Administrator" means the Municipal Administrator appointed by the
Council pursuant to the Municipal Government Act;
(m)
"Municipality" or "Village: means the Summer Village of Waiparous in the
Province of Alberta;
(n)
"operator" includes a person who drives or operates a vehicle as the owner
thereof or an agent, employee or servant of the owner;
(o)
"Police Officer" means a peace officer carrying on the duties of his or her
employment as such;
(p)
"private road or driveway" means a way or place in private ownership and used
for vehicular traffic from private property to a highway;
(q)
"roadway" means that part of a highway intended for use by vehicular traffic;
(r)
"street" means any public highway, thoroughfare, street, road, trail, avenue,
lane, alley, bridge or other place, any part of which the public is ordinarily
entitled or permitted to use for the passage of vehicles and pedestrians and the
parking of vehicles, and includes the whole of the area between the boundaries
of the street as recorded in the Land Titles Office;
(s)
"S.R. 940" means the street which passes through the Village and which is or
has been identified by the Department of Transportation and Utilities of the
Government of the Province of Alberta as "Proposed Secondary Road 940", or
"Proposed S.R. 940" or Secondary Road 940 (Forestry Trunk Road)" and which
is shown on Road Plans 7808 HX, 7809 HX and 8221 GX in the Land Titles
Office;
(t)
"traffic" means pedestrians, animals or vehicles while using a street for the
purpose of travel;
(u)
"traffic control device" means a sign, a signal, a marking or a device placed,
marked or erected under the authority of the Act or of this bylaw for the purpose
of regulating, warning or guiding traffic;
(v)
"truck" means a vehicle designed primarily for the transportation of property or
equipment, or a vehicle drawing another vehicle so designed, and for purposes
of this bylaw a truck shall include both the truck and the drawn vehicle;
(w)
"vehicle" means a device in, or by which a person or thing or property may be
transported or drawn on a highway;
(2)
Words which have been defined by the Act have the same meaning when used in this
bylaw unless they have been otherwise defined in subsection (1) or unless the context
expressly requires otherwise.
TRAFFIC CONTROL DEVICES AND CROSSWALKS
3.
The Council may from time to time by resolution prescribe where a traffic control device or a
crosswalk is to be located on any street in the Village;
4.
The Municipal Administrator shall keep a record of the location of every traffic control device and
crosswalk in the Village and the record shall be open to public inspection at the office of the
Village during normal business hours;
5.
No person shall post or exhibit or cause to be posted or exhibited any notice, placard, bill or
printed or written matter whatsoever on any traffic control device, without the prior written
approval in writing by the Municipal Administrator;
PARKING AND STOPPING ON STREETS
6.
No person shall stop or park a vehicle other than an emergency vehicle or and exempt vehicle on
S.R. 940.
7.
No person shall park any vehicle on a street within 10 metres of a traffic control device.
8.
No person shall park any vehicle other than an emergency vehicle or an exempt vehicle on a
roadway of a street.
9.
No person shall park any vehicle other than an emergency vehicle within 3 metres of a private
road or driveway or an alley.
BICYCLES
10.
A person operating a bicycle on a highway has all the rights and is subject to all the duties that the
operator of any vehicle has under this bylaw.
RESTRICTION OF USE OF S.R. 940
11.
No person shall operate a motor vehicle on S.R. 940 which has a maximum weight in excess of 16
Tonnes Tandem Truck; 28 Tonnes Tractor Trailer Unit and 42 Tonnes Truck Train Unit.
12.
No person shall operate a motor vehicle of S.R. 940 which has a maximum weight of 15 Tonnes
or greater at any time between the hours of 10 o clock in the afternoon and 8 o'clock in the
forenoon of the next following day.
SPEED LIMIT
13.
No person shall operate a vehicle on any street at a speed in excess of 30 kilometers per hour
unless otherwise posted.
(20-89)
OWNER TO DISPROVE LIABILITY
14.
(1)
The owner of a motor vehicle which is involved in any contravention of this bylaw is
guilty of an offence unless he proves to the satisfaction of the judge that at the time of the offence
the motor vehicle was not being driven or was not parked or left by him or by any other person
with his consent, express or implied.
(2)
Notwithstanding subsection (1), if the owner was not at the time of the offence driving
the motor vehicle he is not in any event liable to imprisonment.
COST INCURRED BY THE MUNICIPALITY
15.
If by reason of any contravention of any provision of this bylaw or the Act, the Municipality is
authorized or required to move the motor vehicle from a place were it is parked in contravention
of the bylaw or of the Act and to impound the same the amount of the expense so incurred shall be
paid by the person concerned.
OFFENCES AND PENALTIES
16.
(1)
A person who contravenes any section of this bylaw is guilty of an offence punishable on
Summary Convection and, subject to the provisions of subsection (2), shall upon Summary
Conviction before a Court of competent jurisdiction be liable to a fine not exceeding Five Hundred
($500.00) Dollars exclusive of costs or in the event of non-payment of the fine and costs to
imprisonment for a period not exceeding sixty (60) days.
(2)
Notwithstanding subsection (1), no person convicted of an offence by reason of
contravention of a provision of this bylaw shall be liable to imprisonment for non-payment of a
fine and costs imposed upon Summary Conviction therefore unless he was the person actually
driving the motor vehicle at the time the contravention of the bylaw occurred.
17.
This bylaw shall come into force upon final reading thereof.
READ A FIRST TIME THIS 14TH DAY OF JUNE A.D. 1988
READ A SECOND AND THIRD TIME AND DECLARED FINALLY PASSED THIS 25TH DAY OF
AUGUST A.D. 1988.
"Shirley Begg"
Mayor
"Sharon Plett"
Municipal Administrator