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1810-15 TrafficCOUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1810-15 BEING A BYLAW OF COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA, TO CONTROL AND PROVIDE REGULATIONS AND PENALTIES PERTAINING TO HIGHWAYS, ROADWAYS AND STREETS, FOR THE ORDERLY AND SAFE MOVEMENT OF VEHICULAR AND PEDESTRIAN TRAFFIC AND FOR THE PARKING OF VEHICLES ON THE SAID HIGHWAYS, ROADWAYS AND STREETS. WHEREAS the Council of the County of Newell has the authority pursuant to the provisions of the Municipal Government Act, RSA 2000, Chapter M-26 and amendments thereto, the Provincial Offences Procedures Act, RSA 2000, Chapter P-34 and amendments thereto, the Traffic Safety Act, RSA 2000, Chapter T-6 and amendments thereto, the Council may provide for the control, regulations, and penalties for traffic and pedestrians moving on County of Newell highways, roadways and streets, and for the parking of vehicles thereon. NOW THEREFORE, the Council for the County of Newell, in the Province of Alberta, duly assembled, hereby enacts as follows: 1. TITLE: This Bylaw may be cited as the "TRAFFIC BYLAW". 2. DEFINITIONS: In this Bylaw, including this Section, unless contrary to any other Act, these definitions shall apply: 2.1 "ACT" means the Municipal Government Act, RSA 2000, Chapter M-26, and amendments thereto, the Provincial Offences Procedures Act, RSA 2000, Chapter P-34 and amendments thereto, the Traffic Safety Act, RSA 2000, Chapter T-6 and amendments thereto. 2.2 "ALLEY" means a narrow highway intended chiefly to give access to the rear of buildings and parcels of land. 2.3 "BICYCLE" includes any cycle propelled by muscular power upon which a person may ride, regardless of the number of wheels it may have. 2.4 "BOULEVARD" means, that part of a highway in an urban area that: 2.4.1 is not a roadway, and 2.4.2 is that part of a sidewalk that is not especially adapted to the use of or ordinarily used by pedestrians. Bylaw 1810-15 Page 2 2.5 "CHIEF ADMINISTRATIVE OFFICER" means: a person appointed to that position by the County of Newell Council as per section 205 of Municipal Government Act RSA 2000 Chapter M-26. 2.6 "CENTRE LINE" means: 2.6.1 the centre of a roadway measured from the curbs, or in the absence of curbs, from the edges of the roadway, or 2.6.2 in the case of a highway designated by traffic control devices: a) as an offset centre highway, or b) as a highway having a certain number of traffic lanes moving in a certain direction at all times or at specified times; the line dividing the lanes for traffic moving in opposite directions, or c) in the case of a divided highway, that portion of the highway separating the roadways for traffic moving in opposite directions 2.7 "COMMERCIAL VEHICLE" means a vehicle operated on a highway by or on behalf of a person for the purpose of providing transportation but does not include a private passenger vehicle 2.8 "COUNCIL" means the Council of the County of Newell duly assembled and acting as such. 2.9 "COUNTY" means The County of Newell 2.10 "CROSSWALK" means: 2.10.1 that part of a roadway at an intersection included within the connection of the lateral line of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or 2.10.2 any part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by other marking on the road surface. 2.11 "CURB" means the actual curb, if there is one, and if there is no curb in existence, shall mean the portion of a Highway between that part thereof intended for the use of vehicles and that part thereof intended for the use of pedestrians. 2.12 "DAYTIME" means the period commencing one hour before sunrise and ending one hour after the following sunset. 2.13 "DRIVER" or "OPERATOR" means a person who drives or is in actual physical control of a vehicle. 2.14 "EMERGENCY" means a present or imminent event that requires prompt, coordinated action or special regulation of persons or property, to protect the health, safety and welfare of people and to limit damage to property. Bylaw 1810-15 Page 3 2.15 "EMERGENCY VEHICLE" means: 2.15.1 a vehicle operated by a police service as defined in the Police Act; 2.15.2 a fire fighting or other type of vehicle operated by the fire protection service of a municipality; 2.15.3 an ambulance operated by a person or organization providing ambulance services; 2.15.4 a vehicle operated as a gas disconnection unit of a public utility; or 2.15.5 a vehicle designed as an emergency response unit; a) pursuant to the definition in the Traffic Safety Act, RSA 2000 Chapter T-6. 2.16 "HIGHWAY" means any thoroughfare, street, road, undeveloped road allowance, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle way or other place or any other place or 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 vehicles, and includes: 2.16.1 a sidewalk, including a boulevard adjacent to the sidewalk, 2.16.2 if a ditch lies adjacent to and parallel with the roadway, the ditch, and 2.16.3 if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, but does not include a place declared by regulation not to be a highway; 2.17 "HOLIDAY" means a Sunday, a Public Holiday as defined in the Interpretation Act (Alberta) and a day or portion of a day proclaimed by the Council as a Civic Holiday. 2.18 "IMPLEMENT OF HUSBANDRY" means a vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations. 2.19 "INTERSECTION' means the area embraced within the prolongation or connection of: 2.19.1 the lateral curb lines, or if none, 2.19.2 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. 2.20 "MOTORCYCLE" means a motor vehicle, other than a moped, that is mounted on 2- 3 wheels and includes those motor vehicles know in the automotive trade as motorcycles and scooters, pursuant to the definition in the Traffic Safety Act, RSA 2000, Chapter T-6. Bylaw 1810-15 Page 4 2.21 "MOTOR VEHICLE" means: 2.21.1 a vehicle propelled by any power other than muscular power, or 2.21.2 a moped, but does not include a bicycle or power bicycle, an aircraft, an implement of husbandry or a motor vehicle that runs only on rails. 2.22 "NIGHT TIME" means the period commencing one hour after sunset and one hour before the following sunrise. 2.23 "OFF-HIGHWAY VEHICLE" means 2.23.1 any motorized mode of transportation built for cross-country travel on land, water, snow, ice or marsh or swamp land or on other natural terrain and, without limiting the generality of the foregoing, includes, when specifically designed for such travel, a) 4 -wheel drive vehicles, b) low pressure tire vehicles, c) motor cycles and related 2 -wheel vehicles, d) amphibious machines, e) all -terrain vehicles, D miniature motor vehicles, g) snow vehicles, h) mini -bikes, and i) any other means of transportation that is propelled by any power other than muscular power or wind, but does not include: j) motor boats, or k) any other vehicle exempted from being an off-highway vehicle by regulation; 2.23.2 "vehicle" means a device in, on or by which a person or thing may be transported or drawn and includes a combination of vehicles but does not include a mobility aid. 2.24 "OPERATOR'S LICENSE" means a license to operate a motor vehicle issued pursuant to the Traffic Safety Act, RSA 2000, Chapter T-6. 2.25 "OWNER" means the registered owner and includes any person renting a motor vehicle or having the exclusive use thereof under a lease or otherwise for a period of more than 30 days. Bylaw 1810-15 Page 5 2.26 "PARADE, PROCESSION, OR SPECIAL EVENT" shall mean any group of pedestrians (excepting a wedding or funeral procession) numbering more than ten (10) and marching, walking, jogging, running or racing in the street or on the sidewalk of any group of Vehicles (excepting a funeral procession) numbering five (5) or more, where traffic flow is impeded; AND may also mean, but is not limited to, any community group or organization that is hosting a community event, sporting event, or sidewalk event. 2.27 "PARK" when prohibited, means to allow a vehicle, whether occupied or not, to remain standing in one place, except: 2.27.1 when standing temporarily for the purpose of and while actually engaged in loading or unloading of passengers, or 2.27.2 when standing in obedience to a Peace Officer or Traffic Control Device. 2.27.3 when standing temporarily in case of an emergency 2.28 "PASSENGER LOADING OR UNLOAD SPACE" shall mean a space on the roadway of a highway marked with an authorized sign permitting parking therein for the period necessary to load and unload passengers, provided such period is five (5) minutes or less, except in front of a hotel where ten (10) minute parking may be allowed and the sign shall indicate the time or times when the space is restricted to these purposes. 2.29 "PEACE OFFICER" means a member as appointed by the Solicitor General of Alberta, Bylaw Enforcement Officer appointed by Council of the County of Newell, a member of the Royal Canadian Mounted Police. 2.30 "PEDESTRIAN' means a person afoot or a person in a wheel chair. 2.31 "PRIMARY HIGHWAY" means a highway designed as a primary highway pursuant to the Public Highways Development Act, RSA 2000 Chapter P-38. 2.32 "PUBLIC SERVICE VEHICLE" 2.32.1 means a motor vehicle or semi -trailer operated on a highway by or on behalf of a person, firm, association or corporation for compensation, whether such operation is regular or only occasional or for a single trip, and 2.32.2 includes a motor vehicle kept by a person, firm or corporation for the purpose, subject to the regulations, or being rented without a driver, but 2.32.3 does not include a motor vehicle used solely as an ambulance or hearse or for the transportation of mail 2.33 "ROADWAY" means that part of a highway intended for use by vehicular traffic. 2.34 "RURAL AREA" means any area other than a hamlet, or residential subdivision and estates. Bylaw 1810-15 Page 6 2.35 "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 thereof (or the edge of the roadway, where there is no curb line) and the adjacent property line, whether paved, improved or not. 2.36 "STOP" means: 2.36.1 when required, a complete cessation from vehicular movement, and 2.36.2 when prohibited, any halting even momentarily of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control device. 2.36.3 exception — in case of emergencies 2.37 "TOW" means the act of pulling something along by a rope or chain attached to it 2.38 "TRAFFIC CONTROL DEVICE" means any sign, signal, marking or device placed, marked or erected for the purpose of regulating, warning or guiding traffic. 2.39 "TRAFFIC LANE" means: 2.39.1 outside an urban area, a longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles, but does not mean a parking lane, and 2.39.2 inside an urban area, a longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles, whether or not the division is indicated by lines on the road surface. 2.40 "TRAILER" means a vehicle so designed that it may be attached to or drawn by a motor 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. 2.41 "TRUCK" means a vehicle designed primarily for the transportation of property or equipment but does not include a chassis -cab, crawler mounted vehicle, trailer, machinery or equipment used in the construction or maintenance of highways or an off-highway vehicle as defined in Part 6, Section 117 of the Traffic Safety Act, RSA 2000, Chapter T-6. 2.42 "TRUCK TRACTOR" means a truck designed primarily for drawing another vehicle and that is not designed to carry any load other than part of the weight of the vehicle drawn, and includes a vehicle that is designed to accommodate, a 5th wheel coupling, but does not include a crane equipment breakdown vehicle. 2.43 "URBAN AREA" means a hamlet, residential subdivisions or estates. 2.44 "VEHICLE" means a device in, on or by which a person or thing may be transported or drawn on a highway and includes a combination of vehicles. Bylaw 1810-15 Page 7 2.45 "VIOLATION TICKET" means a violation ticket issued in accordance with the current Provincial Offences Procedure Act; 2.46 "VIOLATION TAG' means a ticket alleging an offence issued pursuant to the authority of a Bylaw of the County. 2.47 "WORK ZONE" means an area designated for a planned or unplanned operation that may pose a hazard to workers and/or the public (construction zones, snowplows, garbage pickup, crack filling etc.) which may be controlled by Traffic Controls Devices such as flashing lights, signage, emergency vehicles, cones, barricades, flag persons etc. 3. PEDESTRIANS 3.1 No person shall cross any highway at a point where a Traffic Control Device prohibits such crossing. 3.2 No person shall stand, sit or lie on any Highway in such a manner as to obstruct vehicular or pedestrian traffic or so as to annoy or inconvenience any other person lawfully upon the Highway. 3.3 Nothing in Subsection (b) of this Section shall be construed as prohibiting of persons for the purpose of watching a Parade or Procession duly authorized pursuant to this Bylaw. 3.4 Nothing in this Bylaw shall be construed as prohibiting the congregating or assembling of individuals to attend and listen to street preaching or public speaking so long as the proceedings thereat are peaceable and orderly and sufficient space is left on the Highway to allow free movement of traffic, but should any Highway at or near such assembly become in consequence thereof so obstructed as to impede traffic, the persons so obstructing or impending shall forthwith move away upon requested to do so by any Peace Officer. Any person failing to do so shall be in breach of this bylaw. Any person who conducts street preaching, public speaking or other public assemblies must provide for the free and orderly movement of traffic. 3.5 Where a sidewalk or path is located beside a Roadway, a pedestrian shall at all times be reasonable and practical to do so use the sidewalk or path and shall not walk or remain on the Roadway. 3.6 Where there is no sidewalk or footpath a Pedestrian walking along or upon a Highway shall at all times, when reasonable and practical to do so, walk only on the left side of the Roadway or the shoulder of the Highway facing traffic approaching from the opposite direction.. 3.7 Every Pedestrian crossing a Roadway at any point other than within a crosswalk shall yield the right of way to vehicles upon the Roadway. 3.8 No person shall coast on a sleigh, toboggan, skis, or other conveyance, except a bicycle, upon or across a Highway. Bylaw 1810-15 Page 8 3.9 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 4. CYCLISTS 4.1 No person shall ride a bicycle on any sidewalk. Children's bicycles and tricycles having a wheel diameter of less than 50 centimeters are exempted from the provision. 4.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 5. PARKING 5.1 No vehicle shall be parked upon any Highway in such a manner that any part of the vehicle is within three (3) metres of the centre of the Highway, provided that the foregoing shall only apply to Highways where the portion thereof intended for vehicular traffic is twelve (12) metres or more in width. 5.2 No vehicle shall be parked for any period of time whatsoever at the following locations, namely upon any Highway or Roadway in front of any buildings in the course of erection or repairs when such parking will impede or obstruct traffic. 5.3 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 6. TRAFFIC CONTROL DEVICES The Chief Administrative Officer and/or Designate are authorized to prescribe where and to cause either temporary or permanent Traffic Control Devices to be placed on a Highway for any reasonable purpose related to the regulation and control of parking of vehicles and to be enforced by a Peace Officer. 6.1 After such signs are placed on a Highway, no authorized person shall park or leave a vehicle on the portion so prohibited for parking for so long as the Traffic Control Device remains. 6.2 When any emergency snow removal or Highway clearing commences on the designated Highway, then the owner of any vehicle parked on such Highway may be charged with unlawful parking and the vehicle may be removed. 6.3 Any non -authorized vehicle that is on such Highway when such Traffic Control Devices are placed shall be removed promptly by its Owner of Operation. 6.4 Any Peace Officer is hereby authorized to remove or cause to be removed any vehicle or trailer, 6.4.1 parked or left at a standstill in contravention of this bylaw; or 6.4.2 where Emergency conditions may require such removal from a Highway. Bylaw 1810-15 Page 9 6.5 Any vehicle parked or left at a standstill and in contravention of this bylaw may be removed to a place designated by the Director of Municipal Services or any Peace Officer where it will remain impounded until claimed by the Owner thereof or his authorized agent. 6.6 The Owner or his authorized agent, of any vehicle removed because of a contravention of this bylaw, shall pay to the storage facility, all storage and/or removal charges before the vehicle can be released. Such charges shall be in addition to any fine or penalty imposed in respect of any such contravention. 6.7 In the event that an owner of a motor vehicle does not claim such vehicle, the storage and removal charges may be collected pursuant to the provisions of the Traffic Safety Act RSA 2000 Chapter T-6 as amended. 6.8 Any Peace Officer, when enforcing the provisions of this Bylaw, may place a sticker on the window or place erasable chalk mark on a tire, of a parked or stopped vehicle without that person or the County incurring any liability for doing so. 6.9 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 7. PARKING ON PUBLIC/PRIVATE LAND 7.1 No vehicle shall be parked upon any land owned or maintained by the County, which the said County uses or permits to be used as a playground or recreation area or a public park, unless parked in designated area. 7.2 No vehicle shall be parked for any period exceeding 24 hours upon any land owned or under the direction, control and management of the County where Traffic Control Devices are located restricting parking to a maximum of 24 hours. 7.3 No vehicle shall be parked upon any private land without the owners consent or any land owned or maintained by the County without prior written consent from the County. 7.4 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "K. 8. UNATTACHED TRAILERS 8.1 No person shall park any trailer (whether designed for occupancy by persons or for the carrying of goods or equipment), upon any Highway unless the said trailer is attached to a vehicle by which may be propelled or drawn and when so attached, the trailer shall be deemed part of the vehicle and subject to the regulations pertaining to vehicles, except in the case of an emergency. 8.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". Bylaw 1810-15 9. ABANDON VEHICLES Page 10 9.1 A vehicle cannot be left standing on a highway without movement for a period of 72 consecutive hours. 9.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "K. 10. OVERWEIGHT VEHICLES 10.1 Unless permitted by a traffic control device, no commercial vehicle shall be parked having a net vehicle capacity exceeding 7500 kg. GVW and with a Tare Weight not exceeding 7300 kgs on any residential lane, street, or avenue within the County, unless specifically for loading and unloading purposes. 10.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 11. MOTOR VEHICLE UNCESSARY NOISE 11.1 No person shall park any vehicle with the motor running, in such a manner and such a location as to cause a disturbance. 11.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "K. 12. PARADES, PROCESSIONS, AND SPECIAL EVENTS 12.1 No person shall hold or take part in any Parade, Procession, or Special Event where traffic flow will be impeded without first having obtained from the Chief Administrative Officer, or designate, written permission for the Parade, Procession, or Special Event to be held. 12.2 Any person desiring to hold a Parade, Procession, or Special Event within the County shall, at least 14 days before the time they desire to hold the same, make an application in writing to the Chief Administrative Officer, or designate, and in such application shall furnish to the Chief Administrative Officer, or designate, information with respect to the following, namely: 12.2.1 the names and addresses of the applicant, and if the applicant is an organization, the names and addresses and occupations of the executive thereof; 12.2.2 the nature and objects of such Parade, Procession, or Special Event; 12.2.3 the day, date, and hours during which the Parade, Procession, or Special Event will be held; 12.2.4 the intended route thereof; 12.2.5 the approximate number of persons who will take part therein; Bylaw 1810-15 Page 11 12.2.6 the approximate size, number, and nature of flags, banners, placards, or such similar things to be carried therein and particulars of signs, inscriptions, and wording to be exhibited thereon and such written application shall bear the signatures and addresses of the person who will be in control of such Parade, Procession, or Special Event and who will undertake to be responsible for the good order and conduct thereof; 12.2.7 If assistance is required from the County by the applicant, details as to the nature of such requested assistance. 12.3 The Chief Administrative Officer and/or Designate may require, at his/her direction, a damage deposit and/or an indemnity in connection with the granting of permission to hold a Parade, Procession, or Special Event. 12.4 In the event the Chief Administrative Officer and/or Designate, permits a Parade, Procession, or Special Event, Chief Administrative Officer and/or Designate direction to the applicants in regard to such Parade, Procession, or Special Event as in his/her opinion will prevent any unnecessary or unreasonable obstruction of the highway and tend to prevent a breach of the peace and the applicant shall make necessary arrangements for the proper policing of the highway in connection with such Parade, Procession, or Special event. 12.5 During such Parade, Procession, or Special Event, all pedestrians not taking part there in shall be restricted to the use of the sidewalk, if any, by a Peace Officer, or other person duly authorized by the County. 12.6 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 13. SPECIAL CLASSES OF VEHICLES 13.1 Now therefore be it resolved, in accordance with Section 120(4)(b) of the Traffic Safety Act, R.S.A. 2000, Chapter T-6 that off-highway vehicles operating on road allowances within the County of Newell be restricted to use of the untraveled portion only of such road allowances. And that off-highway vehicles may operate during daylight hours only. 13.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 14. TOWING OF PERSON BY VEHICLE 14.1 No person shall allow himself to be drawn/towed by a moving Vehicle upon a Highway while riding upon a sleigh, toboggan, skis, bicycle, trailer, or by any other conveyances. 14.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". Bylaw 1810-15 Page 12 15. PARKING OF MOTOR VEHICLE TRANSPORTING DANGEROUS GOODS No vehicle or combination of vehicles used for the conveyance of dangerous goods as defined pursuant to the Dangerous Goods Transportation and Handling Act shall park; 15.1 in an Urban area, unless the area is designated as a parking area for vehicles used to convey dangerous goods; 15.2 This section shall not apply where a vehicle or combination of vehicles is obliged to be parked while making deliveries in the course of its ordinary business and has a warning notice clearly displayed while parked. 15.3 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 16. OVERWEIGHT PERMITS 16.1 No person shall operate a vehicle or combination of vehicles over or on any Highway within the County in excess of their allowable axle weight or certificate weight without obtaining a permit from the Province of Alberta and the County prior to the operation of the overloaded vehicles. Furthermore no person shall operate a vehicle or combination of vehicles in excess of the load limits, or the size limits without first obtaining from the County a written permit to do so, and then subject to such conditions as specified in the permit as per the Traffic Safety Act, RSA 2000 Chapter T-6. 16.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 17. REGULATING HEAVY VEHICLES 17.1 No person shall operate a commercial vehicle exceeding 7500 kg. GVW on any Highway within the County where signs have been erected indicating that Truck traffic is prohibited. 17.2 The following shall be excluded from subsection (a); 17.2.1 school buses; unless on an approved school bus route 17.2.2 Trucks which must load or unload at destinations within the County, which, notwithstanding signs indicating Truck traffic is prohibited, use the route of the shortest distance to and from a truck route; 17.2.3 a holder of a Conditional Road Use Permit issued upon approval of the Chief Administrative Officer and/or Designate; 17.2.4 Emergency vehicles. Bylaw 1810-15 Page 13 17.3 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 18. DAMAGE TO ROADS BY CLEATS/TRACKS/CHAINS AND OTHER DEVICES 18.1 No person, except with prior written approval from the Chief Administrative Officer and/or Designate shall operate or move upon or over any paved or graveled Highway any Vehicle or traction engine having metal cleats, metal tracks, tire chains, or other metal devices attached to its wheels or made a part of thereof, which may damage the Municipal Highway. Anyone contravening the provisions of this section shall be responsible for all repairs to the said Highway. 18.2 No person, except with the written permission of the County, shall operate or move upon or over any County roadway any Vehicle, load, building, machine, contrivance, or things which may obstruct traffic, or which would exceed the maximum weight limitations or any other object or thing in which in the opinion of the County might have some adverse effects on the Highway, or persons using the Highway. 18.3 As a condition of granting written permission to move the load, object, or thing over any Highway as provided for in subsection (b), the County may impose conditions upon the applicant. 18.4 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 19. AGREEMENTS WITH THE COUNTY 19.1 The County may enter into an agreement, in special cases for the operation of a particular type of vehicle and/or load, or the movement of any other class of Vehicle otherwise prohibited by this Bylaw. 19.2 The County may require the Owner, Operator, Driver, or mover of such vehicle and/or load, or any of them as a condition precedent to entering into such agreement, to agree to be responsible for all damages which may be caused to the Highway by reason of driving, operation, or moving of any such vehicles and/or load upon the Highway, and the County may, as a condition precedent to the granting of such agreement, require a bond or certified cheque sufficient to cover the cost of repairing such possible injury or damage to the Highway. Failure on the part of the Owner or Operator, Driver or mover of the vehicle and/or load to comply with the conditions set out in such agreement shall constitute a breach of this Bylaw. 19.3 Nothing in the Bylaw shall be construed as to require the entering into of an agreement by the County. 20. SIDEWALKS 20.1 The owner or occupant of any premises adjoining a sidewalk within the County shall remove and clear away all snow, ice, dirt, or other obstruction from the sidewalk within twenty-four (24) hours of being deposited thereon, and upon failure thereof, the County may provide for the clearing of such sidewalks, at the owner's expense, and add the costs thereof to the tax roll of the property. Bylaw 1810-15 Page 14 20.2 No person shall place or cause to be place any electrical cord over a sidewalk unless it is suspended at least 2.5 metres above the sidewalk and does not interfere with any pedestrian or vehicle traffic. 20.3 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "K. 21. DEBRIS AND OTHER ITEMS ON HIGHWAY 21.1 No person shall wash a Vehicle upon a street, lane, avenue, alley, or so near to a Highway as to result in the depositing of mud or the creating of slush or ice upon a public sidewalk, street, lane, avenue, alley, or Highway. 21.2 No person operating premises for the sale of new or used Vehicles or for washing Vehicles shall wash such Vehicles so as to result in the deposit of water, mud, or slush upon the public sidewalk or Highway. 21.3 No person operating a business premise to which entry or exit for Vehicles is made by a crossing located between the Highway Curb and the private property line shall allow water, mud, slush, ice, or icy or frozen snow to remain on the highway portion of each crossing, but will keep the same clean and clear of all such matter, liquids, or substance. The County may, at the property owner's expense, remove the said water or mud, slush or ice, or icy or frozen snow and add the costs thereof to the tax roll of the property. 21.4 No person owning or occupying property within the County shall allow water, mud, slush, ice, snow, dirt or other debris to be deposited onto the Highway, or let such materials remain on the Highways as a result of clearing or cleaning the exits or entry to the said property. The County may, at the property owner's expense. Remove the said water, mud, slush, ice, or icy or snow and add the costs thereof to the tax roll of the property. 21.5 Any Person who, without justification, deposits any water, mud, slush, ice, snow, dirt or other debris onto a highway is guilty of an offence and may be ordered to forthwith remove any water, mud, slush, ice, snow, dirt or other debris that has been deposited onto the highway. When any person contravenes this section of the this bylaw, the County may remove any water, mud, slush, ice, snow, dirt or other debris and recover any expenses incurred in doing so whether or not a conviction is made. 21.6 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 22. TRAFFIC CONTROL DEVICES 22.1 Without restricting the generality of the foregoing section, the Chief Administrative Officer and/or Designate are hereby authorized to: 22.1.1 Designate any Highway under the jurisdiction of the County for through traffic purposes. Such Highway shall be properly marked, if stop and yield signs are erected at all intersections of such Highway. Bylaw 1810-15 Page 15 22.1.2 Designate safety zones and cause the same to be marked by Traffic control Devices. 22.1.3 Designate Crosswalks upon any Highway and to be marked by Traffic Control Devices. 22.1.4 Temporarily close the whole or part of a highway at any time that a construction or maintenance project on or adjacent to the road may create a hazard; 22.1.5 Temporarily suspend parking privileges in any area; 22.1.6 Temporarily close the whole or part of a highway to accommodate parades, processions, or special events as per Section 13 of this bylaw; and shall cause such Highway or area to be marked with appropriate Traffic Control Devices. 22.1.7 Designate any Highway or Roadways as one to be divided into traffic lanes of such number as he considers proper 22.1.8 Designate any "School Zone" and "Playground Zone." Such zones shall be marked by Traffic Control Devices and traffic control signals along the Highway, or by markings on the pavement, or by lights posted or suspended over the Highway. 22.1.9 Designate any Boulevard upon which parking is permitted and shall cause Traffic Control Devices to be erected so designating. 22. 1.10 Designate passenger or truck loading spaces and shall cause the same to be marked by Traffic Control Devices. 22.1.11 Designate "School Bus Stops," may cause the said areas to be marked by Traffic Control Devices. 22.1.12 Designate any area as a parking area; 22.1.13 Areas for angle parking on any Highway, and shall cause the appropriate Traffic Control Devices to be erected. 22.1.14 Prohibit or restrict by the use of Traffic Control Devices the movement of Vehicles from a private driveway onto a Highway or from a Highway onto a private driveway where such prohibition or restriction is, in his/her opinion, desirable for public safety or for better regulation of traffic. 22.2 A record of the locations of such Traffic Control Devices and traffic control signals shall be kept by the County and shall be open to inspection during normal business hours of the County Bylaw 1810-15 23. ONE-WAY Page 16 When the Council has approved of any Highway or part of a Highway being designated for one-way traffic, it shall be marked with a Traffic Control Devices. 24. DAMAGING TRAFFIC CONTROL DEVICES 24.1 No person shall willfully remove, throw down, deface or alter or destroy a Traffic Control Device placed, marked, or erected on a Highway. 24.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "A". 25. TRAFFIC CONTROL BY PERSONS OF AUTHORITY 25.1 No person shall pass beyond any point designated by a Peace Officer, member of a Fire Department, member of the local road authority or any person acting under the direction of any of the above listed at or near the location of an emergency. 25.2 Anyone contravening the provisions of this section is guilty of an offence and liable to a specified penalty under Schedule "K. 26. VIOLATION TICKETSITAGS A notice or form commonly called a Violation Ticket or Violation Tag may be issued by a Peace Officer to any person alleged to have breached any provision of this Bylaw, and the said notice shall require the payment in the amount specified in this Bylaw or the Traffic Safety Act, RSA 2000 Chapter T-6 as amended or the regulations pursuant to the Provincial Offences Procedure Act, as amended. 27. TICKET SERVICE 27.1 A Violation Ticket or Violation Tag shall be deemed to be sufficiently served: 27.1.1 if served personally on the accused; or 27.1.2 if mailed to or left securely and visibly upon the Vehicle in respect of which the offence is alleged to have been committed. 28. TRAFFIC CONTROL DEVICES 28.1 All Traffic Control Devices which are in place on the effective date of this Bylaw shall be deemed to be valid Traffic Control Devices for the purpose of this Bylaw until removed. 28.2 All School Zones, Playground Zones, Loading Zones, and Bus Zones in effect immediately prior to the coming into force of this Bylaw shall continue in effect until removed. Bylaw 1810-15 29. OBSTRUCTION Page 17 Any person who willfully obstructs a Peace Officer in the execution of his duties in relation to this bylaw is guilty of an offence and liable to a specified penalty under Schedule "A". 30. SCHEDULE "A" PENALTIES Except as otherwise provided in this Bylaw, a person who is guilty of an offence under this Bylaw for which a penalty is not otherwise provided, is liable to a specified penalty under Schedule "A". 31. SEVERABILITY If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the Bylaw is deemed valid 32. EFFECTIVE DATE This bylaw comes into force and take effect on the date of the final passing and Bylaws 1744-11, 1779-13, 1781-13 are hereby rescinded. March 19, 2015 MOVED BY COUNCILLOR G. SIMPSON that Bylaw1810-15 receive FIRST reading. MOTION CARRIED March 19, 2015 MOVED BY COUNCILLOR K. CHRISTMAN that Bylaw 1810-15 receive SECOND reading. MOTION CARRIED March 19, 2015 MOVED BY COUNCILLOR T. FYFE that consent be given for Bylaw 1850-15 to receive third reading this 19th day March, 2015. MOTION CARRIED March 19, 2015 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1850-15 receive THIRD and FINAL reading. MOTION CARRIED Reeve — Molly Douglass chie ini rative Officer— Kevin Stephenson Bylaw 1810-15 Schedule "A" Penalties Page 18 Section Fine/Penalties 3.1 No person shall cross any highway at a point where a Traffic $50.00 Control Device prohibits such crossing 3.2 No person shall stand, sit or lie on any Highway in such a manner $100.00 as to obstruct vehicular or pedestrian traffic or so as to annoy or inconvenience any other person lawfully upon the Highway 3.4 Any person who conducts street preaching, public speaking or $100.00 other public assemblies must provide for the free and orderly movement of traffic 3.5 Where a sidewalk or path is located beside a Roadway, a $100.00 pedestrian shall at all times be reasonable and practical to do so use the sidewalk or path and shall not walk or remain on the Roadway 3.6 Where there is no sidewalk or footpath a Pedestrian walking along $100.00 or upon a Highway shall at all times, when reasonable and practical to do so, walk only on the left side of the Roadway or the shoulder of the Highway facing traffic approaching from the opposite direction 3.7 Every Pedestrian crossing a Roadway at any point other than $100.00 within a crosswalk shall yield the right of way to vehicles upon the Roadway 3.8 No person shall coast on a sleigh, toboggan, skis, or other $100.00 conveyance, except a bicycle, upon or across a Highway. 4.1 No person shall ride a bicycle on any sidewalk. Children's bicycles $40.00 and tricycles having a wheel diameter of less than 50 centimeters are exempted from the provision. 5.1 No vehicle shall be parked upon any Highway in such a manner $100.00 that any part of the vehicle is within three (3) metres of the centre of the Highway, provided that the foregoing shall only apply to Highways where the portion thereof intended for vehicular traffic is twelve 12 metres or more in width. 5.2 No vehicle shall be parked for any period of time whatsoever at $100.00 the following locations, namely upon any Highway or Roadway in front of any buildings in the course of erection or repairs when such parking will impede or obstruct traffic. 6.1 After such signs are placed on a Highway, no authorized person First Offence shall park or leave a vehicle on the portion so prohibited for $100.00 parking for so long as the Traffic Control Device remains. Second Offence or Subsequent $250.00 6.2 When any emergency snow removal or Highway clearing First Offence commences on the designated Highway, then the owner of any $100.00 vehicle parked on such Highway may be charged with unlawful Second Offence parking and the vehicle may be removed. or Subsequent $250.00 7.1 No vehicle shall be parked upon any land owned or maintained by $100.00 the County, which the said County uses or permits to be used as Bylaw 1810-15 Page 19 a playground or recreation area or a public park, unless parked in designated area. 7.2 No vehicle shall be parked upon any private land without the $100.00 owners consent or any land owned or maintained by the County without prior written consent from the County. 7.3 No vehicle shall be parked for any period exceeding 24 hours $100.00 upon any land owned or under the direction, control and management of the County where Traffic Control Devices are located restricting parking to a maximum of 24 hours. 8.1 No person shall park any trailer (whether designed for occupancy First Offence by persons or for the carrying of goods or equipment), upon any $75.00 Highway unless the said trailer is attached to a vehicle by which Second Offence may be propelled or drawn and when so attached, the trailer shall or Subsequent be deemed part of the vehicle and subject to the regulations $150.00 pertaining to vehicles, except in the case of an emergency. 9.1 A vehicle cannot be left standing on a highway without movement First Offence for a period of 72 consecutive hours. $75.00 Second Offence or Subsequent $150.00 10.1 No vehicle shall be parked having a net vehicle capacity First Offence exceeding 7500 kg. GVW on any residential lane, street, or $75.00 avenue within the County, unless specifically for loading and Second Offence unloading purposes. or Subsequent $150.00 11.1 No person shall park any vehicle with the motor running, in such a $50.00 manner and such a location as to cause a disturbance. 12.1 No person shall hold or take part in any Parade, Procession, or First Offence Special Event where traffic flow will be impeded without first $75.00 having obtained from the Chief Administrative Officer, or Second Offence designate, written permission for the Parade, Procession, or or Subsequent Special Event to be held. $150.00 13.1 Fail to operate off highway vehicle on untraveled portion of road First Offence allowance. $75.00 Second Offence or Subsequent $150.00 14.1 No person shall allow himself to be drawn/towed by a moving First Offence Vehicle upon a Highway while riding upon a sleigh, toboggan, $75.00 skis, bicycle, trailer, or by any other conveyances. Second Offence or Subsequent $150.00 15.1 No vehicle or combination of vehicles used for the conveyance of First Offence dangerous goods as defined pursuant to the Dangerous Goods $115.00 Transportation and Handling Act shall park; in an Urban area, Second Offence unless the area is designated as a parking area for vehicles used or Subsequent to convey dangerous goods $175.00 16.1 No person shall operate a vehicle or combination of vehicles over First Offence or on any Highway within the County in excess of their allowable $250.00 axle weight or certificate weight without obtaininq a permit from Second Offence Bylaw 1810-15 Page 20 the Province of Alberta and the County prior to the operation of or Subsequent the overloaded vehicles. Furthermore no person shall operate a $500.00 vehicle or combination of vehicles in excess of the load limits, or the size limits without first obtaining from the County a written permit to do so, and then subject to such conditions as specified in the permit as per the Traffic Safety Act, RSA 2000 Chapter T-6. 17.1 No person shall operate a truck exceeding 7500 kg. GVW on any First Offence Highway within the County where signs have been erected $250.00 indicating that Truck traffic is prohibited. Second Offence or Subsequent $500.00 18.1 No person, except with prior written approval from the Chief $250.00 Administrative Officer and/or Designate shall operate or move Also responsible upon or over any paved or graveled Highway any Vehicle or for all repairs to traction engine having metal cleats, metal tracks, tire chains, or the said Highway other metal devices attached to its wheels or made a part of thereof, which may damage the Municipal Highway. 18.2 No person, except with the written permission of the County, shall First Offence operate or move upon or over any County roadway any Vehicle, $250.00 load, building, machine, contrivance, or things which may obstruct Second Offence traffic, or which would exceed the maximum weight limitations or or Subsequent any other object or thing in which in the opinion of the County $500.00 might have some adverse effects on the Highway, or persons using the Highway. 20.1 The owner or occupant of any premises adjoining a sidewalk First Offence within the County shall remove and clear away all snow, ice, dirt, $75.00 or other obstruction from the sidewalk within twenty-four (24) Second Offence hours of being deposited thereon, and upon failure thereof, the or Subsequent County may provide for the clearing of such sidewalks, at the $150.00 owner's expense, and add the costs thereof to the tax roll of the property. 20.2 No person shall place or cause to be place any electrical cord over $57.00 a sidewalk unless it is suspended at least 2.5 metres above the sidewalk and does not interfere with any pedestrian or vehicle traffic. 21.1 No person shall wash a Vehicle upon a street, lane, avenue, alley, First Offence or so near to a Highway as to result in the depositing of mud or $100.00 the creating of slush or ice upon a public sidewalk, street, lane, Second Offence avenue, alley, or Highway. or Subsequent $150.00 21.2 No person operating premises for the sale of new or used First Offence Vehicles or for washing Vehicles shall wash such Vehicles so as $100.00 to result in the deposit of water, mud, or slush upon the public Second Offence sidewalk or Highway. or Subsequent $150.00 21.3 No person operating a business premise to which entry or exit for First Offence Vehicles is made by a crossing located between the Highway $100.00 Curb and the private property line shall allow water, mud, slush, Second Offence ice, or icy or frozen snow to remain on the highway portion of or Subsequent each crossing, but will keep the same clean and clear of all such $150.00 Bylaw 1810-15 Page 21 matter, liquids, or substance. The County may, at the property owner's expense, remove the said water or mud, slush or ice, or icy or frozen snow and add the costs thereof to the tax roll of the property. 21.4 No person owning or occupying property within the County shall First Offence allow water, mud, slush, ice, snow, dirt or other debris to be $100.00 deposited onto the Highway, or let such materials remain on the Second Offence Highways as a result of clearing or cleaning the exits or entry to $150.00 and not the said property. The County may, at the property owner's exceeding expense. Remove the said water, mud, slush, ice, or icy or snow $2,500.00 for a and add the costs thereof to the tax roll of the property. second or subsequent offence. 21.5 Any Person who, without justification, deposits any water, mud, First Offence slush, ice, snow, dirt or other debris onto a highway is guilty of an $100.00 offence and may be ordered to forthwith remove any water, mud, Second Offence slush, ice, snow, dirt or other debris that has been deposited onto $150.00 and not the highway. When any person contravenes this section of the exceeding this bylaw, the County may remove any water, mud, slush, ice, $2,500.00 for a snow, dirt or other debris and recover any expenses incurred in second or doing so whether or not a conviction is made. subsequent offence. 24.1 No person shall willfully remove, throw down, deface or alter or $150.00 destroy a Traffic Control Device placed, marked, or erected on a Highway. 25.1 Fail to obey directions of Peace Officer, member of Fire $150.00 Department or member of local road authority during an emergency. 29. Any person who willfully obstructs a Peace Officer in the $150.00 execution of his duties