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1 SUMMARY: The City of Nelson Traffic Bylaw is to regulate traffic, parking and the use of all public highways, boulevards and sidewalks within the City of Nelson This Bylaw is placed on the Internet for convenience only, is not the official or legal version, and should not be used in place of certified copies which can be obtained through the Administration office at City Hall. Plans pictures, other graphics or text in the legal version may be missing or altered in this electronic version. Page 1 of 34

2 THE CORPORATION OF THE CITY OF NELSON BYLAW NO REVISED: June 25, 2018 Consolidated for Convenience to Include Bylaw No s. 3156, 3203, 3341, 3379, 3405 A BYLAW TO REGULATE TRAFFIC, PARKING AND THE USE OF ALL PUBLIC HIGHWAYS, BOULEVARDS AND SIDEWALKS WITHIN THE CITY OF NELSON INDEX PART DESCRIPTION PAGE Part 1 Introduction 3 Part 2 Definitions 4 Part 3 Authorities 8 Part 4 General Traffic Regulations 10 Part 5 Pedestrian Regulations 20 Part 6 Parking Regulations 21 Part 7 Parking Payment Regulations 26 Part 8 Use of Highway Regulations 28 Part 9 Enforcement and Penalties 32 Page 2 of 34

3 THE CORPORATION OF THE CITY OF NELSON BYLAW NO A BYLAW TO REGULATE TRAFFIC, PARKING AND THE USE OF ALL PUBLIC HIGHWAYS, BOULEVARDS AND SIDEWALKS WITHIN THE CITY OF NELSON PART 1 - INTRODUCTION The Council of the Corporation of the City of Nelson, in open meeting assembled, enacts as follows: 1. This Bylaw may be cited as "City of Nelson Traffic Bylaw No.3156, 2010". 2. If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this Bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. 3. "City of Nelson Traffic Bylaw No. 2232, 1987" and all amendments thereto is hereby repealed in its entirety. 4. Words in this Bylaw have the same meaning as words defined in the Motor Vehicle Act, R.S.B.C., 1996, or regulations under that Act, unless otherwise defined in this Bylaw. 5. Metric units are used for all measurements in this Bylaw. 6. The provisions of this bylaw do not apply to Arterial Highways except where the provisions are consistent with the applicable Provincial Acts and Regulations. 7. Any Act referred to in this bylaw is a reference to an Act of the Province of British Columbia or Canada, as the case may be, and the applicable regulations, as amended, revised, consolidated or replace from time to time. Page 3 of 34

4 PART 2 DEFINITIONS Updated by BL3379 In this bylaw, unless the context otherwise requires, the expressions and definitions contained within the Motor Vehicle Act, the Passenger Transportation Act and the Commercial Transportation Act, shall be applicable and these additional interpretations shall prevail throughout: "ACCESS" means a driveway intended for ingress or egress to abutting property from a highway. "ACCESS PERMIT" means a permit which authorizes provision of access to an abutting property from an adjacent highway. "ANGLE PARKING" means the parking of a vehicle other than parallel to a curb. BYLAW ENFORCEMENT OFFICER means the person appointed as such by Council and any person appointed or designated to assist him or her in enforcing municipal laws and regulations as set out in this bylaw. "BOULEVARD" means the area other than a sidewalk between the curb lines of a highway or the lateral lines of a highway or the shoulder thereof and the adjacent property line. "BUS" means a motor vehicle which is designed, constructed and used for the transportation of more than nine passengers. BUS STOP ZONE means the curb lane extending 20 meters on the approach side of a bus stop sign or any length of curb area delineated by a white curb. "BYLAW NOTICE" means a ticket issued in respect of this Bylaw. "CHIEF FINANCIAL OFFICER" means the person appointed by Council to the position of Chief Financial Officer and includes any person appointed or designated by the Chief Financial Officer to act on his or her behalf. "CITY" means the Corporation of the City of Nelson. "COIN" means the lawful coin of Canada or the United States of America. "COMMERCIAL LOADING ZONE" means a loading zone designated by a traffic control device as a commercial loading zone and shall be for the use of commercial vehicles holding a valid commercial decal as stated in the Commercial Transport Act. "COUNCIL" means the Council of the Corporation of the City of Nelson. "CURB" means the raised structural element which may be installed at the outside edge of a highway or median parking area, primarily for a gutter. Page 4 of 34

5 "CYCLE" means a device having any number of wheels that is primarily propelled by human power, may be electrically power assisted, does not contain an internal combustion engine and on which a person may ride. DIRECTOR OF PUBLIC WORKS AND UTILITIES means the person appointed as such and any person appointed or designated by the Director of Public Works and Utilities to act on his or her behalf. "DISABLED PERSON" means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk. "DOUBLE PARKING" means the standing of a vehicle in the traveled portion of the highway, adjacent to a parked vehicle or a parking space. FEES AND CHARGES BYLAW means the City s Fees and Charges Bylaw, including all amendments and replacements thereto. "FIRE CHIEF" means the person appointed as such by Council and any person appointed or designated by the Fire Chief to act on his or her behalf. "GAME DEVICE" shall mean any ball, frisbee, hacky sack or similar product. "HAZARDOUS MATERIALS" means any explosive, flammable, toxic, noxious or other harmful or hazardous materials, including dynamite, concentrated chemicals in either solid, liquid or gaseous form, pressurized gases, gasoline and diesel fuel. "HIGHWAY" includes every highway within the meaning of the Transportation Act excluding highways classified as arterials pursuant to the Transportation Act designed or intended for or used by the general public for the passage of persons and vehicles, and every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited. "LANED HIGHWAY" means a highway or the part of a highway that is divided into two or more marked lanes for the movement of vehicular traffic in the same direction. "LANEWAY" means a service road along the back of residential or commercial property. "LIMITED PARKING" means regulated or restricted parking. "LOADING ZONE" means that portion of highway designated by a traffic control device for the exclusive use of vehicle loading or unloading passengers or property. "METERED SPACE" means that portion of a highway or land marked exclusively for the parking or standing of a vehicle at which a parking meter has been installed. METERED ZONE means any Highway or part of it that is designed as a Metered Zone under this Bylaw and on which a Parking Meter has been erected to control parking. Page 5 of 34

6 "ONE WAY HIGHWAY" means a highway designated as one way by traffic control devices upon which vehicles shall move only in the direction indicated. "OPERATOR" means any person who drives, operates, propels, or is in physical control of a vehicle, and shall be deemed to include the person in whose name the vehicle is registered. "OVERPARKED" means a) at a metered space the standing of a vehicle, whether occupied or not, when the signal on such meter indicates (i) the parking time has expired; OR (ii) indicates a violation. b) at an unmetered space the standing of a vehicle, whether occupied or not, contrary to traffic control device. "OWNER" means a) the person who holds the legal title to the vehicle OR b) the person who is entitled to be and is in possession of the vehicle OR c) the person in whose name the vehicle is registered. "PARK" means the stopping or standing of a vehicle, whether occupied or not. "PARKING COUPON DISPENSER" means a device for the purpose of allotting and controlling parking upon deposit of a coin or coupon. PARKING METER means a parking meter stand equipped with a single or double Parking Meter Head. PARKING METER HEAD means a mechanical or electronic appliance designed for the purpose of gauging and indicating a time within which a vehicle is or may be parking. PARKING PAY STATION means a device operated and maintained by or on behalf of the City for collecting parking fees for parking in, and controlling the use of, parking spaces. "PARKING SPACE" means a space of a section of a highway marked by painted lines or other device or sign that is intended for the parking of a vehicle. PAY STATION ZONE means a Highway or a portion of it designed as such under this Bylaw where parking is permitted subject to payment of a charge at a Parking Pay Station. PEACE OFFICER means any member of the Nelson Police Department and any person delegated to assist him or her in carrying out his or her duties under this bylaw. PEDESTRIAN means a person on foot or in a wheelchair, whether motorized or not. Page 6 of 34

7 "PERMIT" means a document in writing issued pursuant to the bylaw. "PERSONS" means 1) human beings, male or female OR 2) a company or corporation. PUBLIC SPACE means any Real Property or portions of Real Property owned or leased by the City to which the public is ordinarily invited or permitted to be in or on, and include, but is not limited to, the grounds of public facilities or buildings, the surface of Kootenay Lake and the lake foreshore, any public transit exchange, transit shelter or bus stop, and public parkades or parking lots. "PUBLIC TRANSIT BUS" means any vehicle operated under the auspices of B.C. Transit for use by the general public. REAL PROPERTY means land, with or without improvements; "RECREATION VEHICLE" means a chassis mounted camper, motor home, holiday trailer or boat trailer intended exclusively for recreational use. "RESERVED PARKING" means a parking space reserved for a special use as indicated by a traffic control device. "RESIDENTIAL AREA" means any area zoned for residential land use in the Zoning Bylaw. "RESIDENTIAL DWELLING UNIT" means one or more habitable rooms constituting a self-contained unit with separate entrances and used or intended to be used for living and sleeping purposes for not more than one family, which dwelling unit contains not more than one set of cooking facilities; "ROAD CLOSURE PERMIT" means a permit which authorizes the closure of a highway or portion of a highway. "SHOULDER" means the portion of the highway between the travelled portion of an uncurbed highway and the ditch; or if there is no ditch, the area between the travelled portion of the highway and the boulevard. "SIDEWALK" means the portion of a highway intended exclusively for use by pedestrians. "SIDEWALK CROSSING" means the portion of a sidewalk or curb for passage of vehicular traffic. "SKATEBOARD" means a single platform mounted on wheels on which a person may ride. STREET means a public roadway, highway, bridge, land, Sidewalk, and any other Page 7 of 34

8 way normally open to the use of the public, but does not include a private right-of-way on private property. "TIME" means either Pacific Standard Time, or Pacific Daylight Saving Time, whichever is proclaimed to be in effect by the Province of British Columbia. "TRAFFIC CONTROL DEVICE" means a sign, signal, line, meter, marking, space, or device, not inconsistent with this bylaw, placed or erected by authority of the Minister of Highways or of the Council or person duly authorized by the Minister of Highways or the Council to exercise such authority. "TRAILER" means a vehicle, including a recreation vehicle that is at any time drawn upon a highway by a motor vehicle. "VEHICLE" includes any means of conveyance in, upon, or by which any person or property is or may be transported or drawn upon a highway irrespective of the motive of power. PART 3 AUTHORITIES 8. CHIEF FINANCIAL OFFICER The Chief Financial Officer may: authorize and issue complimentary (i) senior parking permits; (ii) guest permits: (iii) special use parking permits and (iv) residential parking permits; grant the exclusive use of meter spaces on payment of the required fee; issue or cause to be issued bylaw notices for violations of this bylaw; (d) impound or detain or cause to be impounded or detained, any vehicle, trailer or cycle in violation of this bylaw; (e) issue, or cause to be issued, orders to revoke, rescind, amend or vary any permit, notice, traffic notice, order or directive issued pursuant to the provisions of this Bylaw. 9. DIRECTOR OF ENGINEERING & UTILITES The Director of Engineering and Utilities may: on any highway place or erect or cause to be placed or erected traffic control devices to regulate or prohibit traffic where deemed necessary to ensure the orderly movement of traffic, or to prevent injury or damage to persons or property or to prevent injury or damage to the highway and where such traffic control devices are so placed or erected they shall have the same force and effect as if placed or erected by resolution of Council; prohibit the use of vehicles not equipped with chains, snow tires, or sanding devices; Page 8 of 34

9 (d) (e) (f) authorize and empower by order to place, replace or alter traffic control devices at any location he or she may determine to give effect to the provisions of the Motor Vehicle Act and this bylaw; issue or cause to be issued bylaw notices for violations of this bylaw; impound or detain if necessary for the purpose of carrying out required duties, any vehicle or trailer; hood or otherwise temporarily remove from service a parking meter; (g) issue, or cause to be issued, orders to revoke, rescind, amend or vary any permit, notice, traffic notice, order or directive issued pursuant to the provisions of this Bylaw. 10. PEACE OFFICER The Peace Officer may: (d) issue bylaw notices for violations of this bylaw; direct and regulate traffic in any manner deemed necessary and in doing so, may disregard any traffic control devices; impound or detain any vehicle, trailer or cycle that is in violation of this bylaw; require the driver of any vehicle to weigh same at any weigh scale forthwith. 11. FIRE CHIEF The Fire Chief may: (d) direct and regulate traffic in any manner deemed necessary and in doing so, may disregard any traffic control device; impound or detain if necessary for the purpose of carrying out required duties, any vehicle or trailer; designate in any manner, a line or lines near the location of a fire or other emergency, beyond which the public shall not pass; issue or cause to be issued bylaw notices for violations of this bylaw. 12. BYLAW ENFORCEMENT OFFICER The Bylaw Enforcement Officer may: issue bylaw notices for violations of this bylaw; place temporary No Parking signs and barricades or other applicable Page 9 of 34

10 traffic control devices; (d) (e) (f) hood, or otherwise temporarily remove from service a parking meter; issue parking permits for residential parking, special vehicle use, or other purposes which may be approved, from time to time; impound or detain any vehicle, trailer or cycle in violation of this bylaw; issue, or cause to be issued, orders to revoke, rescind, amend or vary any permit, notice, traffic notice, order or directive issued pursuant to the provisions of this Bylaw; (g) all duties as stated in section 10. PART 4 - GENERAL TRAFFIC REGULATIONS 13. APPLICATION Unless the context otherwise requires: The provisions of this bylaw do not apply to persons, vehicles and to other equipment while actually engaged in highway construction or maintenance work upon, under or over the surface of a highway while at this site of the work, but do apply to them when travelling to or from the site of the work; A person riding an animal or driving an animal drawn vehicle upon a highway has all the rights and is subject to all the provisions of this bylaw. 14. CONFORMANCE No person shall park, drive or operate a vehicle or cycle in contravention of a traffic control device. 15. DAMAGE TO DEVICES No person shall drive or walk on or over a newly painted line or marking, nor remove or alter any traffic control device. 16. OBEY COMMANDS Every person shall at all times comply with any lawful order, direction, signal or command made or given by a peace officer, bylaw officer, fireman, ambulance attendant, flag person or school patrol. 17. SPEED LIMITS HIGHWAY The maximum speed on any highway in the City of Nelson shall be forty (40) kilometers per hour unless otherwise posted with the following exceptions School Zones which will be 30 kilometers per hour from 8 a.m. to 5 p.m. on a regular school day; Playground Zones which will be thirty (30) kilometers per hour from sunrise to sunset daily; the Provincial Highway which shall be fifty (50) kilometers per hour. Page 10 of 34

11 18. SPEED LIMITS - LANEWAY No person shall operate a vehicle on a laneway at a greater rate of speed than twenty (20) kilometers per hour. 19. SPEED LIMITS - CONSTRUCTION No person shall operate a vehicle within a construction zone at a speed greater than twenty (20) kilometers per hour unless otherwise posted. 20. DAMAGE TO SIDEWALKS No person operating a vehicle shall park, drive on, over or upon any sidewalk, walkway or curb so as to encumber, obstruct, or damage same. No person operating a vehicle shall park, drive on, over or upon any boulevard so as to obstruct or damage same. When a sidewalk crossing is not available, crossing by a vehicle will be permitted upon adequate provision being made to protect the sidewalk or boulevard from damage by the use of suitable planking or other material, having due consideration for the size and weight of the vehicle and load. 21. BLOCKING INTERSECTIONS No person operating a vehicle shall block an intersection or a marked crosswalk, notwithstanding any traffic control device. 22. VEHICLE WHEELS No person shall drive any vehicle of any kind having wheels, tires or tracks constructed or equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs or other attachments or projections engaging the highway along, on or across any bridge or hard surface highway within the City, without first obtaining the written permission of the Director of Engineering and Utilities who shall determine which bridges and highways may be used and the conditions of such use. Nothing herein contained shall be construed as prohibiting the use of tire chains or studded winter tires. The Director of Engineering and Utilities may, by public notice or by the placing of signs on highways, prohibit the operation of vehicles which are not equipped with chains or winter tires or sanding devices or any combination of these which he or she may consider adequate and necessary in view of the prevailing highway conditions and no person shall drive any vehicle in contravention of such notice or signs. 23. TRUCK ROUTES Every person operating a truck exceeding the GVW of 10,900 kilograms upon a highway shall travel by the closest and most direct route to the destination of the trip upon entering or leaving the City. Page 11 of 34 7

12 No person shall be permitted to operate a vehicle exceeding the GVW of 30,000 kilograms on any residential street within the municipal boundaries of the City, without the prior written approval of the City. Any applications or requests under this section for an exemption of these provisions shall be dealt with as follows: (i) (ii) Requests to operate a vehicle exceeding a GVW of 30,000 kilograms for a single trip on any residential street shall require the written approval of the Director of Operations; Requests to operate a vehicle exceeding a GVW of 30,000 kilograms for two or more trips by the same operator or applicant for similar purposes shall require the approval of City Council. 24. LOAD LIMITS No person shall, without a permit issued under the authority of this bylaw and subject to the provisions of this bylaw, operate on a highway a vehicle or combination of vehicles and trailers having a weight not conforming to the requirements of the Commercial Transport Act. 25. VEHICLE SIZE No person shall, without a permit, and subject to the provisions of this bylaw, operate on a highway a vehicle or combination of vehicles and trailers having a size not conforming to the requirements of the Motor Vehicle Act and the Transportation Act. 26. TRAFFIC AND LOAD RESTRICTIONS Where in the opinion of the Director of Engineering and Utilities any highway is liable to damage through extraordinary traffic, he or she may regulate, limit or prohibit the use of the highway to any person operating or in charge of the extraordinary traffic owning the goods carried therein or owning the vehicles used therein. 27. OVERLOAD OVERSIZE PERMIT Overload and/or Oversize Permits may be issued to persons transporting extraordinary commodities. Applications are processed through the Director of Engineering Page 12 of 34

13 and Utilities Department. Permit cost No charge, except for any direct costs incurred due to utility relocation. 28. HIGHWAY CLOSURE PERMIT Temporary Highway Closure Permits may be issued to persons requiring partial or complete closure of a highway for the purpose of construction on or adjacent to a highway. Applications are processed through the Director of Engineering and Utilities Office. Permit Cost - No charge, except for any direct costs incurred due to traffic control, parking meter hooding or the like. 29. CYCLES, SKATEBOARDS, ROLLER SKATES, GAMES, SLEIGHS, TOBOGGANS, BOBSLEDS AND SIMILAR APPARATUS (d) (e) (f) No person shall ride or operate any cycle upon or across i) any sidewalk; ii) any highway: or iii) other public place where signs are displayed stating that the highway or other public place is for pedestrian traffic only. No person shall ride any skateboard, roller skates, sleigh, toboggan, bobsled or similar apparatus on any highway or sidewalk. Where any person rides any cycle, skateboard, sleigh, toboggan, bobsled or similar apparatus on any highway or sidewalk in contravention of the provisions of this section, the cycle, skateboard, sleigh, toboggan, bobsled or similar apparatus, shall be deemed to be unlawfully occupying the highway or sidewalk and may be removed, detained or impounded by any Peace Officer or Bylaw Officer. Notwithstanding subsection of this section, no person shall place, deposit or leave upon, or on any highway or sidewalk any cycle, skateboard, sleigh, toboggan, bobsled or similar apparatus which is in contravention of this Bylaw. A Peace Officer or Bylaw Officer may remove, detain or impound or cause the removal, detention or impound of any cycle, skateboard, roller skates, sleigh, toboggan, bobsled, game device or similar apparatus which is in contravention of the Bylaw. After any such removal, detention or impound, the person entitled to the Page 13 of 34

14 possession of such cycle, game device, skateboard, roller skates, sleigh, toboggan, bobsled or similar apparatus shall be entitled to its release upon payment to the City of the specified fee. (g) (h) If the person entitled to the possession of any cycle, game device, skateboard, roller skates, sleigh, toboggan, bobsled or similar apparatus does not within Thirty (30) Days of its removal, detention or impound or detainment, including the undertaking required under subsection (f) of this Section and pay the fees, costs and expenses required under subsection (f) of this Section, and it appears to the City that the cycle, game device, skateboard, roller skates, sleigh, toboggan, bobsled or similar apparatus has market value, the City shall as soon as possible thereafter, cause it to be sold by public auction to the highest bidder, or shall otherwise cause it to be disposed of. From the proceeds of any auction sale held pursuant to this Section, the Chief Financial Officer shall: i) deduct the cost of the auction, ii) iii) deduct the fees payable to the City pursuant to subsection (f) of this Section, and pay the surplus, if any, to the person entitled if his identity and whereabouts are known. a. If the identity or whereabouts of the person entitled to any surplus is not known, the Chief Financial Officer shall: i) hold any surplus for one (1) year from the date of the auction sale; ii) if the surplus is not claimed within one (1) year, pay the amount into the General Revenue Fund of the City and it shall be deemed to be forfeited to the City. (i) (j) No person shall play or participate in any game or related activity on any sidewalk, highway or public amenity area without written approval of the City. No action taken pursuant to any of the preceding subsections shall be a bar to the prosecution of any person who violates or contravenes any provisions of this Section or any other Section of this Bylaw. (k) In addition to the duties imposed by this section, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle. (l) A person operating a cycle Page 14 of 34

15 i) must not ride on a sidewalk unless authorized by a bylaw or unless otherwise directed by a sign; ii) iii) iv) must, subject to paragraph (i), ride as near as practicable to the right side of the highway; must keep at least one hand on the handlebars; must not ride other than on or astride a regular seat of the cycle; v) must not use the cycle to carry more persons at one time than the number for which the cycle was designed and equipped. (m) A person must not operate a cycle on a highway without due care and attention or without reasonable consideration for other persons using the highway. 30. EXEMPTIONS (d) (e) The operator of any of the following classes of vehicles shall be exempt from the provisions of Section 65 of this bylaw: Amended by BL3379 i) Vehicles identified by the sign or insignia as belonging to the City of Nelson; ii) iii) Emergency vehicles, as defined by the Motor Vehicle Act; Vehicles operated by Peace Officer or Bylaw Officers engaged in the lawful execution of their duty; It shall be unlawful for any person to display on any vehicle any permit, card, sticker, or certificate purporting to provide for any exemption from the provisions of this bylaw that is not authorized by this bylaw. Vehicles bearing a valid and unexpired City of Nelson parking permit issued by the Chief Financial Officer and affixed to the vehicle in the manner prescribed by the Chief Financial Officer may use a parking space without charge during the time or for the area specified on the permit. The operators of taxis may use a metered space without charge for a maximum of two (2) minutes when actually taking on or discharging passengers. Every metered space may be used without charge except during a metered period as defined in this bylaw. Page 15 of 34

16 31. PARKING PERMITS The Chief Financial Officer is hereby authorized and empowered to issue parking permits in accordance with the provisions of this section. Upon receipt of payment of the required fee, the Chief Financial Officer may issue a parking permit or permits to any person or agency providing the person or agency is: i) the owner of one or more vehicles used by such person or agency; or ii) the lessor of one or more vehicles used by such person or agency, providing documentation is submitted to the Chief Financial Officer outlining contractual arrangements for such leased vehicles and is engaged in a repair or maintenance business and regularly must carry out this business to premises located in areas which have time limited parking abutting such premises and is the holder of a current City of Nelson Business Licence. (d) (e) (f) (g) Where in the opinion of the Chief Financial Officer a parking permit issued under this section should be suspended or cancelled, the Council may by resolution, suspend such permit and all rights of any person thereunder for such period as the Council may see fit, or the Council may by resolution cancel such permit. Upon notice of suspension or cancellation of a parking permit, the person to whom the permit was issued shall forthwith deliver up the permit to the Chief Financial Officer and no refund shall be allowed for the remaining period of time of such permit. The expiry date of a parking permit issued under the provisions of this section shall be at midnight on the last day of December in the year of issuance of the permit. A parking permit shall not be valid until such permit has been attached to the lower right hand side of the windshield of the vehicle in respect of which such permit is issued. The provisions of Section 65 of this bylaw shall not apply to the owner or operator of any vehicle displaying a valid and subsisting parking permit issued in accordance with the provisions of Section 31 (g) (i) (ii) (i) and (v) of this bylaw. The Chief Financial Officer is hereby authorized and empowered to issue parking permits as follows: i) Guest Permit A Complimentary parking permit may be issued if application is made for: 1) an event, 2) a sports activity, 3) a convention, 4) a seminar or 5) other meeting or function where persons residing outside the city will be in attendance. Page 16 of 34

17 The authorization shall not be valid for a period longer than seven (7) days without a resolution of Council. ii) Seniors Parking Permit A Seniors parking permit may be issued if: 1) the specified fee is received, 2) a valid drivers licence is presented, 3) the applicant is sixty five (65) years of age or over, 4) the applicant is a resident of the City of Nelson and 5) the applicant has a motor vehicle registered in their name. This permit is valid for all metered zones to the maximum time permitted on the meter with the exception of the 200 to 700 Blocks of Baker Street. iii) Special Use Permit A Special Use permit may be issued if application is made by: 1) an Individual, 2) a Government Agency or 3) an organization outlining the necessary use and need for such a permit. If the permit is deemed necessary, a charge for such permit may be levied by Council policy. iv) Complimentary Residential Permit Providing application is made by the resident of a residential dwelling unit which: 1) has no off-highway parking; and 2) abuts on a highway with time restricted parking; and 3) such parking is not a metered space, ONE complimentary parking permit per residential dwelling unit may be issued for the designated block at or near where the resident in question resides. v) Complimentary Freedom of the City Permit A complimentary Freedom of the City permit will be issued if the applicant has: 1) been given the designated honor of "Freedom of the City" and 2) has a motor vehicle registered in his/her name. The permit will be issued for the use of a metered space for a period of time not exceeding one (1) hour. 32. PARKING METER HOODS BL3341 Replaced Sec. 32 a) The Chief Financial Officer may allow temporary occupation of any street frontage in any parking metered location to the owner or operator Page 17 of 34

18 of any business or government agency for one or more of the following purposes: i. to allow commercial vehicles access to construction sites; ii. to allow commercial deliveries at business premises during construction or renovation; iii. for Government events such as Federal, Provincial or Municipal elections; iv. to assist non-profit organizations with events that assist the general community such as annual Flu Shot Clinics; v. to facilitate a Funeral Service; vi. private or public functions approved by the City from time to time; by renting a Parking Meter Hood bearing the words NO PARKING which shall be placed over the parking meter or meters located in the metered zone for which the exclusive use of the street frontage is intended. b) A Parking Meter Hood may be rented for daily, weekly, monthly or seasonal use, but shall not be rented annually. c) The owner or operator of any business or government agency in accordance with subsection 32 shall be required to submit a Parking Meter Hood Rental Application Form to the City and shall be required to pay the appropriate fees in accordance with the City s Fees and Charges Bylaw. d) Should the applicant fail to return the Parking Meter Hood or should the Parking Meter Hood be returned damaged or in a state of disrepair as determined by the Chief Financial Officer, the applicant shall be charged the cost of replacing the Parking Meter Hood. e) For the purposes outlined in subsection 32, the owner or operator of any business or government agency shall be permitted to reverse a commercial vehicle into the street frontage space that has been rented for the purposes of loading and unloading. f) The City shall not rent more than two Parking Meter Hoods on any given street per City block. g) Notwithstanding sections to (f) aforementioned, the City Manager is authorized to stipulate other arrangements as may be required from time to time. 33. REMOVAL OF BYLAW NOTICE No person, other than the owner or operator of a vehicle, shall remove from a vehicle any bylaw notice issued under the authority of this bylaw. Page 18 of 34

19 34. IMPOUNDMENT OF VEHICLES BL3341 Replaced Sec. 34 The Director of Public Works & Utilities, Fire Chief, Peace Officer or Bylaw Enforcement Officer may remove, detain or impound a vehicle, and subsequently cause it to be taken to a place of storage; or take the vehicle into custody and cause it to be detained after finding a vehicle standing or parked in any of the following manners: i. In violation of any provision of this bylaw; ii. In a position that causes it to interfere with removal of snow, ice or sand from a highway, boulevard or sidewalk; iii. In a position that causes it to interfere with firefighting; iv. In a position that causes it to interfere with the normal flow of traffic on a highway; v. In a position that causes it to interfere with the construction, improvement, alteration, extension, widening, marking repair or maintenance of a highway; vi. In a position that causes it to interfere with a bona fide General Special Event or Parks Special Event authorized by the City; or vii. Apparently abandoned on a highway; or viii. ix. Without valid permit where permit is required; Without proper or valid license plates displayed as required by the Motor Vehicle Act. All costs and charges for the removal, care or storage of a motor vehicle removed under this bylaw shall be paid by the owner of the motor vehicle, and shall be a lien thereon in favour of the keeper of any repair shop, garage or storage place in which that motor vehicle is stored, and the same may be enforced by him in the manner provided by the Repairers Lien Act or the Warehouse Lien Act. Notwithstanding the costs outlined in section 34, the owner of the impounded vehicle shall pay an administration fee. 35. SALE Subject to the Community Charter, if a chattel, obstruction or vehicle is removed, detained or impounded, and not claimed by its owner within one month from date of seizure, the chattel, obstruction or vehicle may be sold at public auction at the direction of the Chief Financial Officer. Despite any other provision of this Bylaw, if in the opinion of the Chief Financial Officer a chattel, obstruction or vehicle removed, detained, or impounded is a perishable article, has an apparent market value of less than $2, or if its custody involves unreasonable expense or inconvenience, the Chief Financial Officer may decide not to proceed to public auction, and Page 19 of 34

20 may dispose of the chattel, obstruction or vehicle in any manner in which he or she or she deems expedient. 36. REGULATED PARKING ZONES All highways and City parking lots where parking is permitted or restricted are hereby designated as regulated parking zones and traffic control devices may be placed from time to time to indicate such regulations or restrictions. 37. STUNTING A person, whether as a pedestrian, passenger, or driver, and whether or not with the use of aid of any animal, vehicle, or other thing, must not perform or engage in any stunt or other activity on a highway that is likely to distract, startle, or interfere with other users of the highway. 38. REVERSE TURN Except as provided by the bylaws of a municipality, a driver must not turn a vehicle so as to proceed in the opposite direction unless the driver can do so without interfering with other traffic; or when driving i) on a curve; ii) iii) iv) on an approach to or near the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150m; at a place where a sign prohibits making a U-turn; at an intersection where a traffic control signal has been erected; or v) in a business district, except at an intersection where no traffic control signal has been erected; or vi) to park into any parking space. PART 5 - PEDESTRIAN REGULATIONS 39. Sidewalks Amended BL3405 A person or group of people may not obstruct or impede the convenient passage of any Pedestrian or vehicular traffic in a Street. 40. Street and Public Space Nuisances Amended BL3405 No person shall on a Street or in a Public Space: Page 20 of 34

21 I) urinate or defecate; II) participate in a violent confrontation or struggle. No person shall on a Street or in a Public Space scream, shout, vocalize, swear or use insulting or obscene language so as to disturb the general peace and quiet of Persons in the neighbourhood or vicinity. 41. CROSSING HIGHWAYS No pedestrian shall stand on the travelled portion of a highway while waiting to cross a highway. 42. ENTERING HIGHWAY No pedestrian shall leave the curb, or other place of safety and walk or run into the path of a vehicle that is so close that it is impractical for the driver to stop. 43. BUS STOP No pedestrian shall cross a highway in front of a bus which has stopped to load or unload passengers except at an intersection controlled by a traffic control device. 44. WALKING ON HIGHWAY No pedestrian shall walk on the travelled portion of a highway if a sidewalk or shoulder or other space is available as a walking area. 45. CROSSWALKS No pedestrian crossing a highway where marked crosswalks exist shall cross outside the limits of the markings. 46. TRAFFIC CONTROL DEVICE No pedestrian shall cross a highway in a crosswalk in contravention of a traffic control device. 47. HITCH HIKING No pedestrian shall stand upon or walk along a travelled portion of the highway for the purpose of soliciting a ride. 48. WALKING ON HIGHWAYS Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall give the right of way to all vehicles on the highway. PART 6 - PARKING REGULATIONS 49. UNLAWFUL PARKING No person shall park a vehicle in any public place unless such person shall comply with all conditions of the bylaw and other regulations posted by traffic control devices. Where a motor vehicle or trailer is left, without the consent of the occupier of Page 21 of 34

22 private property on such private property in the City, the owner of a motor vehicle or trailer shall be deemed to have authorized and empowered the occupier to be his agent for the purpose of towing the motor vehicle or trailer to a place of storage and of storing it. (d) The agent shall be deemed to have a lien against the motor vehicle or trailer for all reasonable advances made or charges incurred in connection with the towing and storing of the motor vehicle or trailer in the course of the agency. The procedure respecting enforcement of the lien shall be governed by the Warehouse Lien Act. 50. TIME LIMITS Notwithstanding any other provisions of this part, no person shall park a vehicle on any highway for more than seventy-two (72) hours continuously. 51. TICKET CONTROLLED PARKING No person operating a vehicle shall park such vehicle in a City owned parking lot or facility with designated rented spaces without first obtaining a validated parking permit from the attendant or City Hall. No person operating a vehicle shall park such vehicle in a ticket dispenser controlled parking facility at any time during the hours when, according to the traffic control devices displayed in the vicinity of a ticket dispenser, such dispenser is in operation unless: i) he shall first have deposited in the ticket dispenser, a coin or coins in the amount and in the manner prescribed; ii) iii) he shall have obtained from the ticket dispenser, a coupon issued on the then current date as evidenced either by the serial number or date appearing thereon; and such coupon is conspicuously displayed in or upon such vehicle at all times while it is so parked. (d) No person shall insert or deposit any object in a ticket dispenser other than a lawful coin. No person operating a vehicle shall park such vehicle in any City owned parking lot or facility in any parking space designated as reserved unless they display a reserved parking permit for that space which they are parked in. 52. PARKING GAP No person, where vehicles are parked parallel to the edge of the highway, shall park a vehicle closer than one (1) meter from any other parked vehicle. Page 22 of 34

23 53. LANE PARKING Whenever access can be had to any laneway, all deliveries or collections of goods to or from any commercial building shall be made there from. No person shall park a vehicle in a laneway unless he or she is actively engaged in the loading or unloading of goods from a vehicle in which case parking will be permitted for a period of up to fifteen (15) minutes. No person shall park a vehicle in a laneway for the purpose of loading and unloading where a loading zone is provided on site. 54. PROHIBITED PARKING Except when necessary to avoid conflict with traffic or to comply with the directions of a Peace Officer or Bylaw Officer or traffic control device, no person shall stop, stand, or park a vehicle: i) on a sidewalk; ii) iii) iv) in front of nor within one (1) meter of a public or private driveway in a residential district; within an intersection; except in designated loading and bus zones. BL3341 Replaced 52 (iii) within five (5) meters of a fire hydrant measured from a point in the curb or edge of the highway which is closest to the fire hydrant; v) on a crosswalk; vi) vii) viii) within six (6) meters of a crosswalk or an intersection or any flashing beacon, stop sign, or traffic control signal located at the side of a highway; within fifteen (15) meters of the nearest rail of a railway crossing; Except with the prior written approval of Council, upon any highway for the purpose of; 1) displaying a vehicle for sale; 2) advertising, greasing, painting, wrecking, storing, or repairing any vehicle, except where repairs are necessitated by an emergency; 3) displaying signs; 4) selling any product ix) alongside or opposite a highway excavation or obstruction when Page 23 of 34

24 stopping, standing, or parking obstructs the traffic; x) upon a bridge or other elevated structure on a highway, or within a highway tunnel, except as permitted by a traffic control device; xi) 1) on a highway in such a manner as to obstruct or impede the normal flow of traffic; or 2) on a marked lane of a laned highway. xii) xiii) xiv) xv) xvi) in a place in contravention of a traffic control device that gives notice that stopping, standing or parking is thereby prohibited or restricted; in such manner as to obstruct the visibility of any standard traffic sign; on any portion of a highway where lines, markings or other signs are placed indicating the manner in which vehicles shall be parked, except in accordance with such lines, markings or other signs; or not withstanding any provisions of this section alongside a curb painted white or yellow which shall designate restricted parking. In front of not within one (1) meters either side of public or private stairs that provide access to the sidewalk or residence. BL3203 added No person shall move a vehicle that is not lawfully under his control into any of the places mentioned in subsection of this section. 55. PARKING DISTANCE FROM CURB No person shall park a vehicle on a highway except on the right-hand side thereof, and the right-hand wheels shall be no further than thirty (30) centimeters from the face of the curb. No person shall park a vehicle where a traffic control device indicates that angle parking is required other than at an angle indicated by parking lines marked on the highway and with the right front wheel of the vehicle not more than fifteen (15) centimeters from the curb. On any one-way highway, a person may park on the left-hand side of the highway, in the same direction as the normal flow of traffic, however, the left wheels shall be no further than thirty (30) centimeters from the face of the curb, and on a designated angle parking area, the front left wheel must be no further than thirty (30) centimeters from the curb. 56. DOUBLE PARKING No person shall double park a vehicle on a highway. Page 24 of 34

25 57. TRAILER PARKING No person shall park any trailer unattached upon any highway unless in emergency situations or the trailer is attached to a vehicle by which it may be propelled or drawn. 58. SCHOOL ZONES No person shall park any vehicle at the curb or edge of a highway fronting any school between 8 a.m. and 5 p.m. on a regular school day. 59. LOADING ZONES No operator of any vehicle shall stop such vehicle: in a loading zone for a period exceeding three (3) minutes for the loading or unloading of passengers or for a period exceeding ten (10) minutes for the loading or unloading of materials, with the exception of licensed taxis, which shall be permitted to stop in loading zones on the following conditions: (i) (ii) that the taxi operator must not leave the vehicle unattended; that the taxi operator, not in the process of loading or unloading passengers, will vacate the loading zone immediately when it is needed for pickup or delivery purposes in any passenger zone for a period exceeding three (3) minutes for the loading or unloading of passengers; or Notwithstanding anything contained in this section, no operator of any vehicle other than a commercial vehicle with a valid commercial vehicle licence decal shall stop in any commercial loading zone, and then only while actually engaged in loading or unloading goods and in any event for a period not exceeding ten (10) minutes. 60. BUS STOP ZONE No person shall stop or park a vehicle in a bus stop zone, except operators of buses and with the exception of taxi operators who shall be permitted to pickup and drop off passengers at a designated bus stop transfer station and further that no parking of taxis will be permitted in any bus stop. 61. HANDICAPPED PARKING ZONE Amended BL3379 No driver shall stop or park a vehicle in a Parking Space designated for use by a handicapped person, unless such vehicle displays a valid handicap parking permit pursuant to the Motor Vehicle Act. Permitted vehicles may remain parked at a designated handicapped Parking Space up to a maximum of two (2) continuous hours. Page 25 of 34 17

26 The holder of a valid handicap parking permit pursuant to the Motor Vehicle Act may apply to the Director of Public Works and Utilities for an exemption to section COMPLIMENTARY RESIDENTIAL PARKING PERMIT No person shall park a vehicle on a highway in a residential area contrary to a traffic control device unless such person has acquired an authorized Residential Parking Permit, the permit is displayed on the vehicle, and the vehicle is parked in accordance with the conditions of the permit. 63. LENGTH AND WEIGHT RESTRICTIONS Notwithstanding any other provisions of this bylaw, no person shall park any vehicle having a length in excess of 6 (six) meters in any diagonal parking space; no person shall park any vehicle having a gross vehicle weight exceeding 5,500 kilograms, or a length in excess of seven and one-half (7.5) meters on a local highway within a residential area for a consecutive period longer than four (4) hours. 64. HAZARDOUS MATERIALS No person shall park or leave unattended, a vehicle or trailer loaded or unloaded and used for the conveyance of hazardous materials, except; (i) at secured chemical plants; (ii) at repair garages - for service only; (iii) at other approved secured areas. Temporary parking within the City is permitted for a period of time not exceeding two (2) hours when making deliveries only. PART 7 -- PARKING PAYMENT REGULATIONS Renamed by BL PARKING METER ZONE Sections replaced by BL 3379 The driver of a vehicle parked in a Metered Zone must immediately deposit in the appropriate Parking Meter a fee for parking in the manner and in accordance with the rate prescribed and measured by the Parking Meter. The Parking Meter applicable to a metered parking space shall be the meter designated by an arrow or other indication shown on the Parking Meter Head or post. A driver parking a vehicle at a Parking Meter indicating unexpired time shall be entitled to parking therein to the extent of the unused time recorded on the Page 26 of 34

27 Parking Meter. (d) The holder of a valid handicap parking permit pursuant to the Motor Vehicle Act shall be exempt from the provisions of Section PAY STATION ZONE (d) A driver who parks at a Parking Space in a Pay Station Zone must immediately pay the parking fee for that space and the desired time at the nearest Parking Pay Station by any method indicated in the instructions on the Parking Pay Station. No driver shall park in a Parking Space within a Pay Station Zone for any longer than the amount of time purchased for that Parking Space. Subsection 66 does not apply to the act of parking or to the necessary time to pay the parking fee at the nearest Parking Pay Station. The holder of a valid handicap parking permit pursuant to the Motor Vehicle Act shall be exempt from the provisions of Section 66 and LAWFUL COINS A person must not insert in a Parking Meter or a Parking Pay Station any object that is not a lawful coin of Canada or the United States of America. 68. PARKING SPACE OCCUPANCY No driver shall cause, suffer or permit any vehicle to stop park or remain standing in a Metered Zone or Pay Station Zone except totally within a Parking Space. The driver of a vehicle must not park so as to occupy more than one (1) Parking Space unless paying for more than one (1) Parking Space. The driver of a vehicle must park the vehicle in a Metered Zone or Pay Station Zone, marked to indicate angle or perpendicular parking, in a manner that places the front of the vehicle next to the curb, sidewalk or building. 69. REPEAT METERING PROHIBITED Despite any amount paid, no driver shall park in any Parking Space within a Parking Meter Zone or a Pay Station Zone for longer than the limited period of time for which parking is lawfully permitted as stated at the Parking Meter or Parking Pay Station or pertinent sign. 70. FAULTY METERS Every person, upon inserting the required coin into a meter head and finding that such meter is out of order and does not lower the violation or expiration signal, may place securely under the windshield wiper of his vehicle, a written notice to the Page 27 of 34