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THE VILLAGE OF HAINES JUNCTION
Bylaw #67-94
A BYLAW OF THE VILLAGE OF HAINES JUNCTION TO REGULATE THE
PARKING OF VEHICLES ON RIGHT OF WAY MAINTAINED BY THE VILLAGE OF
HAINES JUNCTION OR PARKING AREAS DESIGNATED BY THE VILLAGE.
WHEREAS Section 286 of the Municipal Act, being Chapter 119, RSY, 1986 permits Council
to pass bylaws preventing or restricting, controlling and regulating the parking of vehicles, or of
any particular class of vehicle, on any highway or public place, or any portion thereof.
NOW THEREFORE the Council of the Village of Haines Junction, in open meeting
assembled, hereby ENACTS AS FOLLOWS:
SHORT TITLE
1. This Bylaw be cited as the "Parking Bylaw."
DEFINITION
2. (i)
"Loading Zone" means any area of property used for the loading or unloading of
a vehicle or vehicles on a regular basis;
(ii)
"No Overnight Parking Area" means an area of property, public place or parking
area, designated by Council as set out in attached Schedule "B".
(iii)
"Parking" means the standing of a vehicle except while it is actually being loaded
or unloaded, or where it is stopped in the ordinary course of being driven on the
roadway;
(iv)
"Right of Way" means any highway, roadway, street, lane, alley or right of way
maintained by the Village .
(v)
"Village" means the Village of Haines Junction .
(vi)
"Vehicle or Motor Vehicle" means motor vehicle as set out in the Interpretation
section of the Motor Vehicles Act, being Chapter 118, RSY, 1986.
RIGHTS OF WAY
3. No person shall stop or park a vehicle so that it obstructs, impedes the normal flow of
traffic or impairs vision and safety on the right of way whether the vehicle is attended or
unattended.
DISABLED VEHICLES
4. (i)
Section 3 does not apply when a vehicle is so disabled that it is not practical to
avoid stopping and temporarily leaving it on a right of way.
(ii)
A disabled vehicle parked on the right of way under the provisions of this section
must be removed within a twenty four hour time period and if it is not the
provisions of section 9 as they apply will be enforced.
NO PARKING AREAS
5. (i)
(a) No overnight parking of any motor vehicle will be permitted in parking areas
designated by the Council of the Village and amended from time to time by
resolution of the Council of the Village, and as set out in attached Schedule
"B", between the hours of 11:00 pm and 7:00 am of the next day.
(b) Wherever practical or possible such no overnight parking areas will be posted
and signs will be erected prohibiting overnight parking.
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(ii)
No person shall stop or park a vehicle on the North side of St. Elias Street
between the hours of 8:00 a.m. to 5:00 p.m. daily, with the exception of
weekends, statutory holidays and school holidays.
LOADING ZONES
6. (i)
No person shall stop a vehicle on a right of way except for such a period of time
as reasonably may be required for the loading or unloading of the vehicle.
(ii)
No person shall cause a loading zone to be established on a right of way
maintained by the Village.
INTERFERENCE
7. No person shall park a vehicle so that it interferes with the maintenance or a right of way
or with the removal of snow from the right of way.
EXCEPTIONS
8. (i)
Service vehicles while in the course of their regular duties are exempt from the
regulations of this bylaw.
(ii)
Fire trucks, ambulance or any vehicles providing emergency or medical assistance
or carrying out law enforcement duties or carrying out municipal services are
exempt from the regulations of this bylaw.
ENFORCEMENT
9. (i)
Every person who violates a provision of this bylaw commits an offense and is
liable on summary conviction to a fine of not more than five hundred dollars
($500.00) or to imprisonment for not more than six months.
(ii)
For the purpose of Section 9 of the Summary Convictions Act, being Chapter 164,
RSY, 1986,
(a) proceedings in respect of any offense specified in this bylaw may be
commenced by means of a ticket in "FORM 1" attached to and forming part of
this bylaw and,
(b) proceedings in respect of any offense against this bylaw may be commenced
by means of a ticket in an appropriate form prescribed under the Summary
Convictions Act, being Chapter 164, RSY, 1986.
(iii)
The form of parking ticket set out in "FORM l" which is annexed to and forms
part of this bylaw may be placed on a vehicle that is parked in contravention to
any provision of this bylaw.
(iv)
For the purpose of the enforcement of the parking provisions of this bylaw, an
officer is authorized to place an erasable chalk mark on the treadface of the tire of
any parked vehicle that is apparently disabled and the officer and the Village
incur no liability for doing so.
(v)
(a)
The Bylaw Enforcement Officer may issue as a written warning the ticket
referred to in this section by writing in the amount of fine area the words first
offense - Warning Only.
(b) Where a ticket referred to in this Section is issued in respect of any provision
of this bylaw, the person to whom the ticket is issued may pay a voluntary fine
instead of appearing in court to answer the charge, and the amount of fine for
each offense shall be as set out in the appropriate Schedule of the
Consolidated Municipal Fees Bylaw.
(c) As provided in Section 20 of Summary Convictions Act, being Chapter 164,
RSY, 1986, a fine in respect of an offense committed under this bylaw may be
paid to the Village before the complaint is forwarded to a justice and thereafter
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such fines shall be paid to the Clerk of the Territorial Court for transmission to
the Village.
(vi)
When, 24 hours after a ticket has been issued, said vehicle remains in violation of
this bylaw, the bylaw enforcement officer may remove or cause to be removed
said vehicle and may impound said vehicle.
(vii)
No vehicle that has been impounded under this section shall be released until all
costs and charges incurred in moving and impounding the vehicle have been paid.
(viii) Charges for impoundment shall be the cost of removing the vehicle, the cost of
the Bylaw Enforcement Officer's wages for that period of time applicable, plus
the additional daily rate prescribed in the appropriate Schedule of the
Consolidated Municipal Fees Bylaw including the day of impoundment, the day
of release and any weekends or holidays that the vehicle is impounded at the
Village's Public Works yard plus an overall administration charge as set out
and/or noted in the appropriate Schedule of the Consolidated Municipal Fees
Bylaw.
(ix)
Unlawful removal of the vehicle from the Public Works yard, the area of
impoundment, shall constitute theft of the vehicle.
(x)
Where a vehicle impounded under Section remains in impoundment for a period
of thirty (30) days or more, the Village may recover from the owner of the
vehicle, all costs of removal and impoundment or storage, by action in a Court of
competent jurisdiction, or by sale of the vehicle at a public auction or private sale,
and such recovery may be carried out by the Village or persons engaged by the
Village under contract to remove, impound or store vehicles.
ENACTMENT
10. This Bylaw shall come into full force and effect on the final passage thereof.
11. Bylaw #45-92 is hereby repealed.
Read a first time this 13th day of April, 1994.
Read a second time this 27th day of April, 1994.
Approved by the Executive Council Member this 19th day of May, 1994.
Read a third time and finally passed this 25th day of May, 1994.
___________________________________ __________________________________
Mayor
Clerk
Parking Bylaw# 67-94 - Schedule "B"
List of Overnight Parking Areas in the Village of Haines Junction
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Lot 1038, Quad 115A/13, Plan 41519 - Day Use Area (Trailhead)
Lots 1, 2, 3, Block 12, Plan 41519 - Town Square
Lots 7, 8, 9 & 19, Block 8, Plan 64627 - Kathleen Street
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Parking Bylaw #67-94 Form 1