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TOWN OF VULCAN PROVINCE OF ALBERTA BYLAW NO. 1331-05 A BYLAW OF THE TOWN OF VULCAN TO REGULATE AND CONTROL TRAFFIC WHEREAS by virtue of the powers conferred upon it by the Traffic Safety Act, the Council of the Town of Vulcan may pass a Bylaw providing for the regulation and control of vehicle, animal and pedestrian traffic; AND WHEREAS the Council of the Town of Vulcan, in the Province of Alberta, deems it expedient to pass such a Bylaw; NOW THEREFORE, THE COUNCIL OF THE TOWN OF VULCAN DULY ASSEMBLED HEREBY ENACTS AS FOLLOWS: 1.

Title This Bylaw may be cited as the “Traffic Control Bylaw”.

2.

Definitions In this Bylaw, unless the context otherwise requires:

1.

Act means the Traffic Safety Act

2.

Alley means a narrow Highway intended chiefly to give access to the rear of buildings and parcels of land.

3.

Bicycle means any cycle propelled by human power on which a person can ride, regardless of the number of wheels it may have.

4.

Boulevard means: a. that part of a Highway that is not Roadway; and b. is that part of a Roadway that is between the curb and the property line.

5.

Chief Administrative Officer means the Chief Administrative Officer or Town Manager for the Town

6.

Council means the elected officials forming the municipal council of the Town.

7.

Crosswalk means a. that part of a Roadway at an Intersection included within the connection of the lateral lines of the Sidewalks on opposite sides of the Highway measured from the curbs or, in the absence of curbs, from the edge 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 other markings on the road surface.

8.

Cycle means a bicycle, power bicycle, motor cycle or moped.

9.

Curb means the actual curb, if there be one, and should there be no curb in existence, shall mean the edge of the travel portion of the Highway.

10.

Dangerous Goods means any product, substance, or organism specified in the regulations pursuant to the Dangerous Goods Transportation and Handling Act, RSA 2000, Chapter D-4 1


Act or included by its nature in any of the classes listed in said regulations. 11.

Fire Chief means the Fire Chief for the Town of Vulcan and or his delegate.

12.

Heavy Vehicle means a motor vehicle, alone or together with any trailer, semi-trailer, or other vehicle being towed by the motor vehicle with a registration gross weight of 5,000 kilograms (11,000 pounds) or more, or exceeding 11 (eleven) metres in total length. Notwithstanding the above, a public passenger vehicle shall be deemed to be excluded from the definition of a “heavy vehicle� for the purposes of Section 8.1 (Designated Truck Routes).

13.

Highway means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, square, bridge, causeway, trestle way 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. a Sidewalk (including a Boulevard portion thereof); b. where a ditch lies adjacent to and parallel with a Roadway, the ditch; and c. where a Highway right of way is contained within fences or between a fence and one side of a Roadway all the land between the fences or all the land between the fence and edge of the Roadway as the case may be, but does not include a place declared within this Bylaw not to be a Highway.

14.

Intersection means the area embraced within the prolongation or connection of: a. the lateral Curb lines or, if none, b. the exterior edges of the Roadways, of two or more Highways which join one another at an angle whether or not one Highway crosses the other.

15.

Loading Zone means a portion of a Highway marked with a Traffic Control Device or permitting parking therein for a period necessary to load or unload goods.

marking

16.

Motor Vehicle means a. a vehicle propelled by any power other than muscular power, or b. a moped, but does not include a bicycle, a power bicycle, an aircraft, an implement of husbandry or a motor vehicle that runs on rails.

17.

Motor Cycle means a motor vehicle, other than a moped, that is mounted on 2 or 3 wheels and includes those motor vehicles known in the automotive trade as motor cycles and scooters.

18.

Off-Highway Vehicle means an off-highway vehicle as defined in Section 117 of the Traffic Safety Act.

19.

Owner means, with respect to a Vehicle: a. a person whose name the Vehicle is registered under the Traffic Safety Act; b. a person renting a Vehicle or having the exclusive use of it under a lease or otherwise for a period of more than 30 days; or c. the legal owner or person in lawful possession or exclusive use of the Vehicle.

20.

Parade or Procession means the assembly of more than ten persons or ten Vehicles utilizing a Highway, but does not include funeral processions or military exercises provided such funeral processions or military exercises are being carried out pursuant to the provisions of the Act.

21.

Parking Stand means a portion of a Highway set apart by the Town as a place where a Vehicle may be parked. 2


22.

Passenger Loading Zone means a space or section of a Highway marked with a Traffic Control device or marking permitting parking therein for a period necessary to load or unload passengers.

23.

Peace Officer means: a. a Special Constable as appointed under the Police Act; b. a Police Officer as appointed under the Police Act; or c. a member of the Royal Canadian Mounted Police.

24.

Pedestrian means a person afoot or a person in a wheelchair.

25.

Playground Zone means a zone on a Highway designated as such by the Town and identified by; a. Traffic Control Device as an area where children: b. may be expected to be on the Highway; or c. are permitted to cross the Highway.

26.

Private Passenger Vehicle means a Vehicle used solely for personal transportation: including the transportation of goods which are the property of the Owner and intended for the use or enjoyment of the Owner or members of their household; but not including the transportation of goods in connection with any line of business except that of a salesman conveying cases or display goods which are not for delivery or re-sale.

27.

Public Vehicle means a Vehicle operated on a Highway for the transportation of: a. passengers; b. goods; or c. a vehicle operated on a highway for transportation of passengers and goods, but does not include a private passenger vehicle

28.

Roadway means that portion of a Highway intended for vehicular traffic.

29.

School Zone means a zone on a Highway designated as such by the Town and identified by a Traffic Control Device as an area where children: a. may be expected to be on the Highway, or b. are permitted to cross the Highway.

30.

Sidewalk means that part of a Highway especially adapted to the use of or ordinarily used by Pedestrians, and includes that part of a Highway between the Curb line (or the edge of the Roadway, where there is no Curb line) and the adjacent property line, whether or not paved or improved.

31.

Town means the Municipal Corporation of the Town of Vulcan, in the Province of Alberta or where the context requires a duly authorized official of the Municipal Corporation of the Town of Vulcan or where the context requires the area that is contained in the boundaries of the Town of Vulcan.

32.

33.

Traffic Control Device means any sign, signal, marking, or device whether manually, electrically or mechanically operated placed, marked or erected under the authority of this Bylaw for the purposes of regulating, warning or guiding traffic. Trailer means a vehicle so designated that it may be attached to or drawn by a Vehicle and intended to transport property or persons and includes any trailer that is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, but does not include machinery or equipment used in the construction or maintenance of Highways. 3


34.

3.

4.

5.

Vehicle means a device in, on or by which a person or thing may be transported or drawn on a Highway

Speed Limits 1.

No driver shall drive a Vehicle within a Park or Playground Zone at a greater rate of speed than 30 kilometres per hour.

2.

The Town shall cause signs to be posted indicating a greater or lesser speed for Vehicles than that prescribed by the Act or indicating that the prescribed speed limit has ceased to apply.

3.

No person shall drive a Vehicle in an Alley at a greater rate of speed than 20 kilometres per hour.

4.

The Town may post signs along a Highway under construction or repair or in a state of disrepair to fix a maximum speed limit applicable to all Vehicles or to any class or classes of Vehicles travelling over any part of the Highway.

Traffic Control Devices 1.

The Town may prescribe where Traffic Control Devices are to be located, including Traffic Control Devices restricting the speed of Vehicles

2.

The Town shall place Traffic Control Devices at such locations and may from time to time alter the location for the following purposes: a. to divide the surface of a Highway into traffic lanes marked by solid or broken lines; b. to prohibit “U” turns at an Intersection; c. to prohibit left hand turns or right hand turns; d. to designate a Roadway or portion thereof as a one-way street; e. to designate School Zones and Playground Zones; f. to designate a truck route; g. to control entry to a Highway by means of a “stop” sign or “yield” sign; h. to designate a Crosswalk; i. to designate Parking Stands for use of any particular class of Vehicle; j. to close or restrict the use of any Highway, subway, bridge or overpass or any part of any Highway, subway, bridge or overpass either as to the full width thereof or as to part of the width thereof with respect to any class or classes of Vehicles or with respect to any class or classes of Pedestrians; k. to prohibit, restrict or regulate the parking of Vehicles or any particular class of Vehicles on any Highway or other public place or any portion thereof during such hours as may be determined; l. to designate and mark guide lines for angle or parallel parking on any Highway or other public place or any portion thereof.

3.

The Town shall cause a record to be kept of the location of all Traffic Control Devices, which record shall be open to public inspection during normal business hours.

4.

Notwithstanding any provision of this Bylaw, all Traffic Control Devices placed, erected or marked in the Town prior to the passing of this Bylaw shall be deemed to be duly authorized Traffic Control Devices until altered pursuant to the provisions of this Bylaw.

Parades and Processions

1.

Any person desiring to hold a Parade or Procession within the Town shall at least seven days prior to the time they desire to hold the same, make application to the Town for a Parade 4


Permit in the form provided by the Town and shown in Schedule D.. 2.

The Town may issue a parade permit or, for any reason which appears to be proper may refuse to issue a Parade Permit. In the case of a refusal, an applicant has a right of appeal to the Town Council.

3.

No person shall hold or take part in any Parade or Procession unless a Parade Permit has been issued for said Parade or Procession by the Town.

4.

Where a Parade Permit has been issued pursuant to this Section, the Officer in charge of Operations or his Designate shall: a. fix the hour and route of the Parade or Procession; b. give such directions to the applicants in regard to such Parade or Procession as in the opinion of the Officer in charge of Operations or his Designate will prevent any unnecessary or unreasonable obstruction of a Highway and tend to prevent a breach of the peace; c. make the necessary arrangements for the proper policing of the Highways in connection with such Parade or Procession; and d. may erect such temporary barriers or Traffic Control Devices as deemed necessary.

5.

If a funeral procession is in the process of formation or proceeding along any Highway, a Peace Officer may regulate all traffic in the vicinity, and all persons whether on foot or in Vehicles shall obey the order and direction of said Peace Officer.

6.

Before a funeral procession enters an Intersection marked by a stop sign the first Vehicle in the funeral procession shall come to a complete stop in the manner required by this Bylaw and shall not proceed into the Intersection until it is safe to do so. Any Vehicle that follows in the funeral procession may then enter into the Intersection without stopping provided its headlamps are alight. The provisions of this Section shall not apply at Intersections where traffic is controlled by a Peace Officer or by a Traffic Control Device.

7.

6.

7.

No Pedestrian nor person driving a Vehicle or riding or driving a horse shall: a. break through the ranks of a military or funeral procession; or b. break through the ranks of an authorized Parade or Procession; or in any way obstruct, impede or interfere with the Parade or Procession.

Fires 1.

In case of a fire within the Town a Peace Officer or member of the Fire Department may designate in any manner a line or lines near the location of the fire beyond which no member of the public shall pass, and no unauthorized person whether on foot, on horse or in a Vehicle shall cross such line or lines.

2.

The Chief Officer of the Fire Department or a Peace Officer or any persons acting under their instructions shall have the right to move or cause to be moved any Vehicle which they may deem necessary to move or have moved for the purpose of carrying out any emergency duty, work or undertaking of the Fire Department.

Off-Highway Vehicles 1.

No person shall operate an Off-Highway vehicle as defined in Section 117 of the Traffic Safety Act any portion of a Highway.

2.

Notwithstanding Section 7.1 of this Bylaw, the operator of an Off-Highway vehicle may operate an Off-Highway vehicle on a Highway if engaged in a bona fide emergency situation. 5


3.

8.

9.

Notwithstanding Section 7.1 of this Bylaw, the Town may designate an area for Off-Highway vehicle use within the Town.

Heavy Vehicles 1.

Except for situation mentioned in sub-section 3 below, no person shall operate a Heavy Vehicle on a Highway other than a Highway designated as a Truck Route as per Schedule “A” of this Bylaw,

2.

No person shall use “Engine Retarder Braking Systems” within the Town of Vulcan Corporate Limits.

3.

The following do not contravene Section 8.1 of this Bylaw if a Heavy Vehicle is operated on the shortest route between the premises or location concerned and the nearest Truck Route by persons: a. delivering or collecting goods or merchandise to or from the premises of bona fide customers; b. travelling to or from the business premises of the Owner of the Heavy Vehicle; c. moving a house for which the necessary moving permits have been issued by the Town; d. travelling to or from premises for the servicing or repairing of the Heavy Vehicle; e. pulling a disabled Vehicle from a Highway prohibited to Heavy Vehicles; or f. driving Heavy Vehicles engaged in lawful public works or essential services requiring them by the very nature of such work to deviate from established Truck Routes.

4.

No person shall park a Heavy Vehicle upon any highway in the Town of Vulcan, except as listed in areas as outlined in Schedule “A”.

5.

Notwithstanding Section 8.1 where a person wants to operate a heavy vehicle (TRACTOR UNIT ONLY) off a truck route to their residence and park the unit on their own property for the purpose of cleaning and re-stocking between the hours of 7:00 am and 10:00 pm only (no overnight parking permitted), a permit may be issued as per Schedule D. The permit may be obtained at the Town Office during normal working hours.

Maximum Weight 1.

For the purpose of this Section “Maximum Weight” means: a. the maximum weight permitted for a Vehicle and load pursuant to the official registration certificate issued by the Province of Alberta for such Vehicle; or

b. if there is no official registration certificate or interim registration certificate for a vehicle, the combined weight of the Vehicle and heaviest load that may be carried in accordance with provisions of the Traffic Safety Act. 2.

No person shall drive or have on a Highway a Vehicle or combination of attached Vehicles with a weight including any load thereon in excess of the Maximum Weight.

3.

If in the opinion of a Peace Officer there is a contravention of Section 9.1 of this Bylaw, the Peace Officer may: a. order the driver or other person in charge or control of the Vehicle or combination of attached Vehicles to the nearest adequate weigh scale to determine the weight of such Vehicle or combination of attached Vehicles and load; b. retain the weigh slip or slips produced at the weigh scale; and c. require that any load or portion thereof in excess of Maximum Weight shall be removed before the Vehicle or combination of attached Vehicles is again taken upon a Highway.

4.

A weigh slip retained by a Peace Officer pursuant to Section 9.3 of this Bylaw may be submitted in evidence in Court and shall be prima facie proof of the authenticity of the weigh slip, of the particulars thereon, and of the accuracy of the weigh scale. 6


10.

5.

A person driving or in charge or control of a Vehicle or combination of attached Vehicles shall, when requested by a Peace Officer, produce the official registration certificate or interim registration certificate issued by the Province of Alberta indicating the Maximum Weight for such Vehicle or combination of attached Vehicles.

6.

An official registration certificate or interim registration certificate produced pursuant to Section 9.5 of this Bylaw may be submitted in evidence in Court and shall be prima facie proof of the authenticity of such certificate and of the particulars thereon.

Dangerous Goods 1.

Any vehicle transporting dangerous goods within the Town of Vulcan limits, will comply with “Transportation and Handling of Dangerous Goods” Act and Regulations.

2.

No Vehicle transporting Dangerous Goods shall stop within the Town except: a. to load or unload Dangerous Goods; b. in compliance with a valid permit and/or with directions of a Peace Officer or Traffic Control Device; c. due to mechanical failure of the Vehicle or an accident involving the Vehicle. If this occurs, driver must inform the RCMP of the nature of the Dangerous Goods; or d. to refuel or repair the Vehicle provided the routes to a particular service station or garage conform to those routes described in this Bylaw. e. at a permitted storage location - meaning any area which is at least twenty five metres (25) away from the nearest residential institutional or assembly occupancy and is approved by the Fire Chief.

3.

When requested by a Peace Officer, a driver of a Vehicle transporting Dangerous Goods shall produce: a. a bill of lading; or b. a permit issued pursuant to this Bylaw; or c. an industrial waste report; or

d. documents indicating the origin and destination of the Vehicle and a description of the Dangerous Goods. 4.

11.

Documents obtained by a Peace Officer pursuant to Section 10.5 of this Bylaw may be submitted in evidence in Court and shall be prima facie proof of the authenticity of such documents and the particulars thereon.

Pedestrians 1.

At a Crosswalk at an Intersection marked with lines a Pedestrian shall cross either of the intersecting Highways of the Intersection within the limits of such lines.

2.

Where Crosswalks are marked in a School Zone, no person shall cross any street or avenue within a School Zone between the hours of eight o’clock in the forenoon and five o’clock in the afternoon on a school day, except within the limits of a marked Crosswalk.

3.

No Pedestrian shall be upon a Roadway in a manner as impeding or likely to impede traffic upon such Roadway.

4.

No Pedestrian shall stand upon or walk along a Roadway for the purpose of soliciting a ride.

5.

No Pedestrian shall stand on a Highway in such a manner as to annoy or inconvenience any other person lawfully upon such Highway.

6.

No Pedestrian shall stand on a Highway in such a manner as to obstruct the entrance to any building. 7


12.

7.

No person shall stand in a group of three or more persons or so near to each other on a Highway as to obstruct the entrance to buildings or to obstruct or prevent other persons using such a Highway and forthwith after request has been made by a Peace Officer or other person duly authorized to do so, shall disperse and move away.

8.

Nothing in Section 11.8 of this Bylaw shall be construed as prohibiting the assembly of persons for the purpose of watching a Parade or Procession duly authorized by the Town.

9.

No person shall race or cause a race upon a Roadway unless so authorized by the Town in writing.

Parking 1.

No person shall park a Public Vehicle on a Highway or Private Driveway unless the Public Vehicle is parked in a specifically designated Public Vehicle parking area.

2.

Notwithstanding Section 12.1 of this Bylaw, no person shall park a Public Vehicle on a Roadway, parking lane or shoulder portions of a Highway except; a. when the Public Vehicle is incapable of moving under its own power; b. where some other emergency arises; or c. as is otherwise permitted by this Bylaw.

3.

Nothing in this Section shall be construed to prohibit police Vehicles, ambulances or Vehicles engaged in Highway repair, maintenance or inspection work or by employees of the Town or applicable government agencies in carrying out their work from parking upon a Roadway when it is advisable to do so: a. to prevent accidents; b. to give warning of hazards or of persons on the Highway; c. to remove injured persons; d. to repair the Roadway; or e. for similar purposes.

4.

Section 12.1 of this Bylaw does not prohibit the driver of a Vehicle of a public utility from parking the Vehicle upon a Roadway when it is advisable or necessary to do so for the purposes of the construction, repair, maintenance or inspection of public utility facilities adjacent to, along, over or under the Highway.

5.

Nothing in this section shall be construed to prohibit the driver of a school bus from parking the school bus on a Roadway for the purposes of loading or unloading passengers if the driver cannot park off the Roadway and still have suitable space available on the ground for the passengers being loaded or unloaded.

6.

Unless required or permitted by this Bylaw, by the Act, by a Traffic Control Device, in compliance with the directions of a Peace Officer, or to avoid conflict with traffic, a driver shall not stop or park his Vehicle: a. on a Sidewalk or Boulevard; b. any part of a Crosswalk; c. within an Intersection other than immediately next to the Curb in a “T� Intersection; d. at an Intersection nearer than five metres to the projection of the corner property line immediately ahead or immediately to the rear, except when the Vehicle is parked in a space where a parking metre or other Traffic Control Device indicates parking is permitted; e. within five metres upon the approach to any stop sign or yield sign; f. within five metres of any fire hydrant located at a Curb; g. within five metres of the point on a Curb nearest a fire hydrant; h. within one and a half metres of an access to a garage, private road, driveway, or Vehicle crossway 8


over a Sidewalk; i. within five metres of the nearside of a marked Crosswalk;

j. alongside or opposite a street excavation or obstruction so as to obstruct traffic; k. on a bridge or in any subway or approaches thereto; l. at any other place where a Traffic Control Device prohibits parking or stopping during such times as stopping or parking is so prohibited; or m. on the Roadway side of a Vehicle parked or stopped at the Curb or edge of the Roadway. 7.

The Town is hereby authorized and empowered to mark portions of Highways where parking is: a. restricted to any particular class or classes of Vehicles; b. prohibited at any time; or c. restricted to fifteen minutes, twenty minutes, thirty minutes, one hour, two hour, three hour or four hour parking of Vehicles between the hours of nine o’clock in the forenoon and five-thirty o’clock in the afternoon of any day of the week.

8.

No person shall park a Vehicle for any period of time exceeding the time limit so designated.

9.

No person shall park a Vehicle other than a Vehicle of such class or classes on the portions of a Highway as marked.

10.

No person shall park a Vehicle in an Alley except for such period of time as may be reasonably necessary for the loading and unloading of passengers or goods from the Vehicle, provided that such Vehicle does not prevent other Vehicles or Pedestrians from passing along the Alley.

11.

The Town is hereby authorized and empowered to mark portions of Highways as Passenger Loading Zones and Loading Zones.

12.

Except when loading or unloading passengers, no person shall park or stand a Vehicle for any period of time at: a. a Passenger Loading Zone or Loading Zone; b. a “No Parking” area; or c. the front of a main entrance or doorway of a public building.

13.

No person shall park a Vehicle in a Loading Zone for longer than fifteen minutes.

14.

No person shall park any Trailer (whether designed for occupancy by persons or for the carrying of goods and equipment), upon any Highway unless said Trailer is attached to a Vehicle, by which it may be propelled or drawn when so attached, the Trailer shall be deemed part of the Vehicle and subject to the laws and regulations pertaining to Vehicles.

15.

The Town is hereby authorized and empowered to mark such parts of Highways as may be necessary to provide adequate, safe and convenient stopping places for buses. The Town may designate and cause to be marked any such bus stop as a “No Parking/Buses Only” area.

16.

No person shall park a Vehicle in a designated bus stop zone other than a bus which is loading or unloading passengers or goods.

17.

No person shall park a Vehicle, other than an authorized Vehicle, in any parking space, upon property owned by the Town where such space has been reserved by the Town and legibly marked for a Vehicle operated by an employee of the Town. 9


18.

No person shall park a Vehicle upon land owned or controlled by the Town except in such parts as may be designated with a sign or signs permitting vehicle parking.

19.

No person shall angle park a Vehicle which exceeds eight metres in overall length upon any Highway except such locations as have been designated and marked by signs permitting such parking. However, a person may temporarily park in such other specified locations for such a period of time as may be signed for such purposes.

20.

Where parking guidelines are visible on a Roadway no driver shall park a Vehicle except within the limits of the lines designating a Parking Stand.

21.

No person shall park a Vehicle with the side thereof parallel to the Curb or edge of the Roadway when angle parking is permitted or required.

22.

No Vehicle may be parked at an angle to the Curb in a cul-de-sac unless that Vehicle is parked in such a manner as not to interfere with the free flow of traffic in the cul-de-sac.

23.

No person shall park a Vehicle so that the bumper or side of the Vehicle is closer than sixty centimetres to the bumper or side of another Vehicle except where a Vehicle is parked in a parallel parking zone.

24.

No person shall park or leave any Vehicle on private land or property that has been clearly marked as such by a sign or signs erected by the owner or their agent, unless such person has obtained the permission of the owner, tenant, occupant or person in charge or control of said land or property.

25.

An owner, tenant, occupant or person in charge or control of a private Roadway or property personally satisfied that a Vehicle is in violation of Section 12.24 of this Bylaw may report to the Town of Vulcan Office – Bylaw Services, the license number and location of the Vehicle. Any person making such report, shall give their own name and address.

26.

No person shall park a Vehicle in that part of a driveway which lies between a Curb or Roadway and the property line which runs parallel to the said Curb or Roadway.

27.

Unless specifically required, permitted, or prohibited by other provisions of this Bylaw, no person shall park any Vehicle: a. on any Highway for a period of more than 72 consecutive hours; b. in front of, or adjacent to, any building in the course of erection or repair.

28.

No person shall park a Vehicle or Trailer on a Highway when such Highway or any portion thereof is being maintained, repaired or worked on in any matter whatsoever, including the removal of snow.

29.

Any person empowered to enforce the provisions of this Bylaw is hereby authorized to place an erasable chalk mark on the tread face of the tire of a parked or stopped Vehicle without that person or the Town incurring liability for doing so.

30.

In the event that a Vehicle or Trailer is parked in violation of this Bylaw, any Peace Office, without liability, may cause such Vehicle or Trailer to be removed to a place designated by the Chief of Police. The Owner of a Vehicle or Trailer so moved shall pay to the Town or to a contracted operator upon demand, the cost of removing such Vehicle or Trailer, storage or other charges incurred in respect thereof and such cost shall be in addition to any fine or penalty in respect to any such violation.

31.

Unless otherwise exempted by law, everyone shall stop or park a Vehicle parallel to the Curb on any Roadway with the Curb-side wheels of such Vehicle within 500 millimetres of the Curb.

32.

No person shall park a Vehicle: 10


a. such that the Vehicle interferes with the use of a fire or emergency exit from a building; or b. in the entranceway to a Fire Hall, Police Station, or Hospital.

13.

14.

33.

A person in charge or control of a garage, service station, radio shop or other premises where repairs or installations are made to Vehicles for compensation shall not leave or cause or suffer or permit to be left on a Highway a Vehicle left in their possession.

34.

No Owner or operator of any Vehicle incapable of being moved under its own power shall cause or permit such Vehicle to be parked on a Highway.

35.

Subsection 12.35 of this Bylaw does not apply to a Vehicle parked because of a breakdown or other emergency if the person in charge or control of the Vehicle can establish that they have taken immediate action to arrange for the removal of the Vehicle forthwith.

36.

Where Vehicle parking spaces are outlined in yellow paint or by wooden or other material divisions, every driver of any Vehicle using same, shall park their Vehicle wholly within the limits of each individual space.

37.

No person shall permit a Vehicle to stand unattended upon a grade or slope without first having: a. effectively set the brake thereon; and b. turned the front wheel to the nearest Curb or edge of the Roadway in such a manner as to impede any movement of the Vehicle.

Handicapped Parking 1.

The Town is hereby authorized and empowered to establish such Parking Stands as deemed necessary for the exclusive use of handicapped persons who operate or travel by Vehicle.

2.

An Owner or operator of a Vehicle used for the transportation of a handicapped person may apply to the Alberta Rehabilitation Council for the Disabled for a portable placard identifying the Vehicle as being used for the transportation of handicapped persons and that the motor Vehicle may be parked in a Parking Stand for handicapped persons. The placard must be of a minimum size of 85 millimetres by 85 millimetres.

3.

A placard issued pursuant to Section 13.2 of this Bylaw must be displayed on the driver’s side of the dashboard of the Vehicle to indicate that the Vehicle may be parked in a Parking Stand designated by the Town for the use of a handicapped person.

4.

The operator of a Vehicle not identified by a placard issued pursuant to Section 13.2 of this Bylaw shall not stop or park the Vehicle in a Parking Stand designated by the Town as being for the use of handicapped persons.

Temporarily Closing Traffic 1.

15.

In any case where by reason of an emergency or, of any special circumstances which in the opinion of the Chief Administrative Officer, the Peace Officer in charge of Operations or his Designate, or the Fire Chief make it desirable and in the public interest to so do, the Chief Administrative Officer, the Peace Officer in charge of Operations or his Designate, the Fire Chief or other persons acting in such capacity may temporarily close to traffic and Pedestrians any portion of a Highway.

Shopping Carts 1.

Every owner of business premises, that provides shopping carts for customer use, shall display therein at a conspicuous place a sign stating that shopping carts cannot be removed from said premises or its parking area pursuant to this Bylaw. 11


16.

17.

2.

Every owner of a shopping cart shall have the company name painted, printed or stamped thereon or plainly attached by a plate or similar device so as to readily identify the ownership of the shopping cart.

3.

No customer or other person shall remove a shopping cart from any premises or parking area referred to in this Section.

4.

If Town personnel find a shopping cart abandoned on Town property they may take possession of it and store it under Town care and the owner may recover the said shopping cart on payment of Ten Dollars ($10.00) handling fee per shopping cart.

Electrical Cords 1.

No person shall cause an electrical extension cord to be conveyed across a Sidewalk unless the electrical extension cord is: a. conveyed above the surface of the Sidewalk at a height of not less than 2.15 metres; b. of a grade approved for outdoor use; and c. supported and conveyed above a Sidewalk by a sturdy device of a nonconductive material not susceptible to wind action.

2.

The Town may issue an Order in regards to removal of an electrical extension cord and portable supporting device.

3.

Upon failure of the owners, Lessees, Tenants or Agents of the owner to comply with the aforementioned Order, the Town may: a. enter upon the property immediately to remove the electrical extension cord and portable supporting device if a hazard exists; b. within five days of the Order enter upon the property to remove the electrical extension cord and portable supporting device; and c. charge the cost of the work done to remove the electrical cord and portable supporting device against the property as taxes due and owing and collectible in the same manner as taxes.

Snow Routes & Street Cleaning Routes 1.

No person shall park a Vehicle or permit a Vehicle to be parked on a Highway marked as a snow route.

2.

The Town shall declare a snow route by posting of signs.

3.

A snow route shall be in effect for 72 hours unless extended by a further declaration for another 72 hours.

4.

A Vehicle parked on a marked snow route is subject to immediate removal at the expense of the Owner of the Vehicle.

5.

No person shall park a Vehicle or permit a Vehicle to be parked on a Highway designated by the Town as a “Street Cleaning Route�.

6.

The Town shall declare a Street Cleaning Route in effect by posting of signs.

7.

A Street Cleaning Route shall be in effect for twelve hours.

8.

A Vehicle parked on a signed Street Cleaning Route is subject to immediate removal at the expense of the Owner of the Vehicle in addition to any other sanction specified in this Bylaw.

12


18.

19.

20.

Obstruction to Vision 1.

The owner or occupant of property shall maintain all hedges, shrubs or small trees on the property as set forth in the “Town of Vulcan Land Use Bylaw�.

2.

A Peace Officer may direct an owner or occupant of property to reduce any hedges, shrubs or trees to conform to Sections 18.1 of this Bylaw by serving upon such person a written notice requiring such person to abate the same within a time to be specified in the notice, and to execute such works and do such things as may be necessary for that purpose.

3.

Service of such a notice shall be sufficient if it is: a. personally served; b. served by mail; or c. left with a competent person residing with the person alleged to have violated a provision of this Bylaw.

5.

Such notice shall be deemed to have been received five days from the date of mailing.

6.

Each notice shall: a. describe the location at which a violation of any provision of this Bylaw occurs by its municipal address and legal description; b. state the provisions of this Bylaw violated; c. give reasonable particulars of the actions required to be made; d. state the time within which the actions are to be done; e. state that if the required actions are not done within the time specified, the Town may: 1. carry out the actions required and charge the cost thereof against the owner; or 2. cause a violation ticket to be served upon the owner pursuant to Part 2 of the Provincial Offences Procedure Act.

7.

If a person served with a notice fails to comply with the provisions of the notice within the time fixed by the notice the Town may: a. cause a violation ticket to be served upon such person pursuant to Part 2 of the Provincial Offences Procedure Act; or b. do so at the expense of the person served with a notice. If the expense and cost incurred by the Town is not paid by the person responsible, the Town may: 1. recover the expense and cost by action in a court of competent jurisdiction; or 2. charge the expense and cost against property of the person served with a notice as taxes due and owing and collectible in the same manner as taxes.

Bicycles 1.

No person over the age of ten years shall ride a Bicycle or skateboard on a Sidewalk or Boulevard.

2.

If any Bicycle or power cycle is left abandoned or unattended for a period of 45 days, the unclaimed Bicycle or power cycle becomes the possession of the Town. Unclaimed Bicycles or power cycles shall be sold at public auction after the lapse of said 45 days.

Animals 1.

No animals, excepting small pets on a leash, shall be ridden, driven or walked in or on a Sidewalk, Boulevard, park, or any other Public Place, except for a Roadway or Alley.

2.

Section 20.1 of this Bylaw shall not apply to Rodeos, Parades, or other activities approved in writing 13


3.

21.

by the Town. A driver or a person in charge of a horse-drawn vehicle on a Highway shall remain upon such vehicle while it is in motion, or shall walk beside the horse drawing such vehicle.

Miscellaneous Offences 1.

Every person shall be guilty of an offence who coasts on a Highway on a sled, toboggan or skis.

2.

No person operating a Vehicle shall pass or attempt to pass a school bus with flashing red lights activated.

3.

Every person shall comply with a Traffic Control Device or direction of a school patroller.

4.

No person shall, without authorization from the Town, deposit snow, ice, earth, rocks, trees, or other substances or objects on a Highway.

5.

The Town may remove unauthorized deposits of snow, ice, earth, rocks, trees, or other substances or objects on a Highway and charge the expenses to do so to the person responsible, in addition to any fine or penalty impose.

6.

No person shall load or unload goods across a Highway except where Loading Zones have been established.

7.

No person shall ice skate, roller skate or skateboard upon a Highway.

8.

No person shall place any sign, notice or structure upon a Highway or Boulevard or upon abutting public lands including public walks unless authorized by the Town to do so.

9.

Any sign, notice or other object placed on or beside a Highway or upon abutting public lands including Boulevards and Sidewalks shall be subject to removal and immediate disposal by the Town without any notice or warning to the owner thereof.

10.

Sidewalks adjacent to business premises shall be kept clear of matter, liquids or substances as may be or become a hazard to Pedestrians including water, mud, slush, ice, and snow.

11.

No person shall play any game on a Roadway or Alley.

12.

No person shall cast, project or throw stones or balls of snow or ice, or other missiles dangerous to the public, or use a bow or arrow, catapult or other such contraptions on or near a Highway or public place.

13.

No person shall drive across open land owned by the Town.

14.

No person shall wilfully remove, throw down, deface or alter, injure or destroy a Traffic Control Device placed, marked or erected on or beside a Highway.

15.

No person shall place or cause to be placed any hand bill or other advertising matter on or in a Vehicle without the permission of the Owner or the person in charge of the Vehicle.

16.

No person shall break, tear, or remove any pavement, Sidewalk, Curbing, macadamizing or other road surface, or cause excavation in or under a Highway for any purpose without first having obtained permission from the Town. Having obtained permission such work shall be under the inspection of the Town and the pavement, Sidewalk, Curbing, macadamizing or other road surface shall be replaced and relayed in a manner compatible with the installation prior to breakage, tearing or removal.

17.

No person shall park on a Highway a vehicle displayed for sale. 14


22.

18.

No person shall park or drive a Vehicle on a Sidewalk or Boulevard.

19.

No person shall operate, propel or move on a Highway a Vehicle having lugs.

20.

No person shall stand in groups or sit or lounge upon chairs, benches or other things on any street, sidewalk, parking lot, parks or any property owned by the Municipality in the Town so as to obstruct the free use of the said street or sidewalk by pedestrians.

21.

No person shall crowd, jostle or startle pedestrians on the street or sidewalk so as to create discomfort, disturbance or confusion.

22.

No person shall advertise the sale of any article, matter or thing by the blowing of any horn, crying, hallooing or creating any other discordant noise in any of the streets in the Town.

23.

A Town of Vulcan Certified Work Site Safety Supervisor or Peace Officer in any case where any of them deems it necessary or advisable so to do may authorize the placing or setting up of barricades and other safeguards including warning lights, reflectors, signs and other safety devices on, in, or about, along or across any street, sidewalk, parking lot, parks or any property owned by the Municipality, within the Town or on, in, about, along or across any part of any such street, and no person not authorized so to do either by the Certified Work Site Safety Supervisor or Peace Officer shall remove, displace, tear down, overthrow, injure, damage or interfere in any way with any such barricade or safeguard placed or set up as aforesaid.

24.

No person shall deface or disfigure any building, wall, fence, railing, sign, monument, post, telegraph, telephone, electric light pole or other property in the said Town by cutting, breaking, daubing with paint or other substance or bill posting or in any way injure or deface the same.

25.

No person shall deposit or leave or allow fall upon any street, parking lots, parks or any property owned by the municipality in the Town any tacks, nails, glass, or other sharp or pointed material liable to injure the tires of any vehicle or the feet of any person passing on the said streets.

26.

No person shall post or put up any indecent placard, writing or picture or write any indecent words or make any indecent picture or drawing on any public or private building, wall, fence, sign monument, post, sidewalk or pavement in any of the streets, parks or other public places of the Town.

27.

No person shall destroy or injure any trees, shrubs, plants or flowers or injure the lawn on any boulevard, public park or public garden in the Town.

28.

No person shall unnecessarily blow horns, ring bells or make any other disturbances in the streets or use loud blasphemous, abusive or grossly insulting language, or sing or shout in a boisterous manner or commit any nuisance by collecting, loitering or standing as idlers on any public sidewalk, street or parking lots within the said Town.

Penalties (Vehicle) 1.

23.

If a Vehicle is driven, used, parked or left in contravention of any provision of this Bylaw the Owner of the Vehicle is guilty of an offence and liable for the penalty provided herein unless they prove to the satisfaction of the Court that at the time of the contravention the Vehicle was not driven, used, parked or left by them or by any other person with their consent, expressed or implied.

Penalties (Bylaw) 15


24.

1.

A person who contravenes any provision of this Bylaw is guilty of an offence and liable for a fine as prescribed under the Provincial Offences Procedure Act.

2.

Where any Peace Officer believes a person has committed a breach of this bylaw, he or she may serve upon such person a Municipal bylaw tag.

3.

Service of any such notice or tag shall be sufficient if it is: a. personally served b. served by double registered mail c. attach to the vehicle in respect to which the offence is alleged to have been committed Upon issuance of a tag for breach of any of the sections of the Bylaw the penalties as per Schedule “C” of the Bylaw apply.

4.

A person served with a violation ticket pursuant to Section 23.2 of this Bylaw may make a voluntary payment in respect of the summons served with the violation ticket as per Schedule “C” of this Bylaw.

Powers of Peace Officer 1.

Any Peace Officer is hereby authorized to remove or cause to be removed, any vehicle or trailer: a. parked in contravention of a provision of this Bylaw, or b. where emergency conditions may require such removal from a highway. Such vehicle may be removed to a place designated by the CAO where it will remain impounded until claimed by the owner or his/her agent.

2.

A notice or commonly called a Traffic Tag, having printed wording approved by the CAO may be issued by a Peace Officer or Bylaw Enforcement Officer, to any person alleged to have breached any provisions of this Bylaw. The said notice shall require forfeiture and payment of the appropriate fine as specified in Schedule “C” – Penalties.

3.

Voluntary payment, as indicated, on a notice or Traffic Tag shall be made payable to The Town of Vulcan, at the Town Office during normal business hours.

4.

Failure to remit Voluntary payment within Fourteen (14) days, from the date of issuance of the notice or Traffic Tag will result in prosecution.

5.

If a person has been prosecuted for the offence named in the Traffic Tag and has been convicted of such offence, then the fine imposed shall not be less than the original amount indicated on the said Traffic Tag.

6.

Nothing in this Section contained shall: a) prevent any person from defending a charge of committing a breach of this Bylaw, b) prevent any Peace Officer or other person from laying any information and complaint against any other person whether or not such other persons has made a payment under the provisions of Section 24.2 and 24.3 for any breach of any of the provisions of this Bylaw.

7.

Each Peace Officer and Bylaw Enforcement Officer is hereby charged with the duty of

enforcing the provisions of this Bylaw.

25.

Severability 16


Each separate provision of this Bylaw shall be deemed independent of all other provisions herein. Should any provision of this Bylaw be declared invalid, all other provisions herein shall remain valid and enforceable. 26.

Repeal of Bylaws Bylaw 1129 and any amendments thereof are hereby repealed.

27.

Effective Date This Bylaw shall come into effect at Midnight, November 1st 2005.

READ a first time this 8th day of AUGUST, 2005. READ a second time this 8th day of AUGUST, 2005. READ a third and final time this 26th day of September, 2005.

________________________ Mayor

_

______________________ Chief Administrative Officer

17


SCHEDULE “A” IN ACCORDANCE WITH SECTION 8 - HEAVY VEHICLES

The following Highways are designated Truck Routes: 1.

“ MAP OF TRUCK ROUTE “”

18


SCHEDULE “B” PENALTIES Section 3 - Speed Limits First Offence Second Offence

In Accordance With the Traffic Safety Act Specified Penalty Listing

Third and Each Subsequent Offence per Calendar Year $25.00

Section 5 - Parades and Processions Section 7 – Off-Highway Vehicles First Offence Second Offence

$30.00 $60.00

Third and Each Subsequent Offence per Calendar Year

$100.00

Section 8 - Heavy Vehicles First Offence Second Offence

$50.00 $75.00

Third and Each Subsequent Offence per Calendar Year

$100.00

Section 9 - Maximum Weight

$150.00

Section 10 - Dangerous Goods First Offence Second Offence

$200.00 $300.00

Third and Each Subsequent Offence per Calendar Year

$400.00

Section 11 - Pedestrians First Offence Second Offence

$25.00 $30.00

Third and Each Subsequent Offence per Calendar Year

$50.00

Section 12 - Parking First Offence Second Offence

$25.00 $50.00

Third and Each Subsequent Offence per Calendar Year

$75.00

Section 13 - Handicapped Parking First Offence Second Offence

$30.00 $60.00

Third and Each Subsequent Offence per Calendar Year

$100.00

Section 15 - Shopping Carts First Offence Second Offence Third and Each Subsequent Offence per Calendar Year

$10.00 $15.00 $20.00 19


Section 16 - Electrical Cords First Offence Second Offence

$20.00 $30.00

Third and Each Subsequent Offence per Calendar Year

$50.00

Section 17 - Snow Routes First Offence Second Offence

$25.00 $50.00

Third and Each Subsequent Offence per Calendar Year

$75.00

Section 18 - Obstruction to Vision First Offence Second Offence

$30.00 $60.00

Third and Each Subsequent Offence per Calendar Year

$100.00

Section 19 - Bicycles First Offence Second Offence

$20.00 $25.00

Third and Each Subsequent Offence per Calendar Year

$30.00

Section 20 - Animals First Offence Second Offence

$30.00 $50.00

Third and Each Subsequent Offence per Calendar Year

$75.00

Section 21 - Miscellaneous Offences First Offence Second Offence Third and Each Subsequent Offence per Calendar Year

$20.00 $30.00 $50.00

20


SCHEDULE “C”

TOWN OF VULCAN TRUCKING PERMIT PERMIT #:___________ THIS PERMIT HEREBY AUTHORIZES: Applicant Name: Applicant Street Address: to move the following vehicle/trailer/equipment within the Town of Vulcan, for the purpose of cleaning and restocking the tractor unit; Make: Year: Color: Model: Licence #:

Registered GVW:

VIA THE FOLLOWING ROUTE:

PERIOD VALID: FROM:

TO:

Permit Authorized by (Signature) This permit allows a person to operate a heavy vehicle (tractor unit only) via the above authorized route to their residence and park the unit on their own property for the purpose of cleaning and re-stocking between the hours of 7:00 am and 10:00 pm only. NO OVERNIGHT PARKING IS PERMITTED

21


SCHEDULE

“D”

TOWN OF VULCAN APPLICATION FOR PARADE PERMIT DATE OF APPLICATION:

NAME OF ORGANIZATION/APPLICANT:

MAILING ADDRESS OF APPLICANT:

PHONE NUMBER OF APPLICANT:

TYPE OF PARADE:

DATE OF PARADE:

STARTING TIME OF PARADE:

FINISH TIME OF PARADE:

NUMBER OF PERSONS IN PARADE:

NUMBER OF VEHICLES IN PARADE:

ROUTE OF PARADE:

DO YOU REQUIRE BARRICADES?

YES:_____

NO:_____

DO YOU REQUIRE POLICE ESCORT:

YES:_____

NO:_____

OTHER:

SIGNATURE OF APPLICANT: ______________________

DATE: ____________________

OFFICE USE ONLY: Please provide any comments/concerns you may have with regards to this application and return to the Town Office for further processing: Operations Supervisor: Police Operations Officer: Fire Chief :

Pursuant to the provisions of the Town of Vulcan Traffic Bylaw #

1331-05,

I hereby

AUTHORIZE__________REFUSE__________ this application to hold a parade. 22


SIGNATURE: _______________________

DATE: _____________

TOWN MANAGER, VULCAN Please be advised that you have the right to appeal my decision to the Town Council.

23


/257-15-1331-05-traffic-bylaw  

http://www.townofvulcan.ca/bylaws-a-administration/doc_download/257-15-1331-05-traffic-bylaw

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