BYLAW NO. 06-18 THE TOWN OF STRATHMORE IN THE PROVINCE OF ALBERTA BEING A BYLAW OF THE TOWN OF STRATHMORE IN THE PROVINCE OF ALBERTA, TO REGULATE TRAFFIC WITHIN THE TOWN OF STRATHMORE. WHEREAS the Council deems it necessary to regulate traffic, including off-highway vehicles and establishing Truck Routes, within the Town; AND WHEREAS the Traffic Safety Act, R.S.A. 2000, Chapter T-6 and the Municipal Government Act, R.S.A. 2000, Chapter M-26 provide authority for the Town to regulate such matters; NOW THEREFORE the Council of the, in the Province of Alberta, duly assembled, hereby enacts as follows. TITLE 101. This Bylaw may be cited as the Traffic Bylaw. DEFINITIONS 201. In this Bylaw: a) Except wherein this Bylaw or in a context otherwise required by this Bylaw, definitions shall have the same meaning as is ascribed to them in the Traffic Safety Act, R.S.A. 2000, Chapter T-6, and the amendments and regulations thereto. b) Alley means a narrow Highway intended chiefly to give access to the rear of buildings and parcels of land. c) Council means the Municipal Council of the. d) Heavy Vehicle means any Vehicle designed primarily for the transportation of property or equipment, and is defined as a Vehicle which exceeds a gross vehicle weight of five thousand, five hundred (5,500 kg.), or a Vehicle with Trailer which exceeds a gross
Page 2 vehicle weight five thousand, five hundred (5,500 kg.), or a Vehicle with or without a Trailer that exceeds seven (7) meters in total length, or a Vehicle comprised of more than two (2) axles, but does not include a Recreation Vehicle. (e) Highway means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle way or other place or any part of any of them, whether publicly or privately owned, that the public are ordinarily entitled or permitted to use for the passage or parking of vehicles and includes: (i) (ii) (iii) a sidewalk, including a boulevard adjacent to the sidewalk, if a ditch lies adjacent to and parallel with the roadway, the ditch, and 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 fence and the edge of the roadway, as the case may be, but does not include a place declared not to be a Highway. f) Holiday means any day declared to be a Holiday by any municipal, provincial or federal government, and includes Sundays. g) Off-Highway Vehicle means an Off-Highway Vehicle as defined in Part 6, Section 117 of the Traffic Safety Act, R.S.A. 2000, Chapter T-6 as amended. h) Owner means the person who owns a Vehicle and includes any person renting a Vehicle or having the exclusive use of a Vehicle under a lease that has a term of more than thirty (30) days or otherwise having the exclusive use of a Vehicle for a period of more than thirty (30) days.
Page 3 i) Parade and Procession means any group of pedestrians numbering more than twenty (20) and marching or walking on any street, or any group of vehicles numbering ten (10) or more. j) Park means allowing a vehicle to remain stationary in one place, except: (i) (ii) while actually engaged in loading or unloading passengers, or when complying with a direction given by a Peace Officer or Traffic Control Device. k) Parking Lane means that portion of a primary Highway between: (i) (ii) the edge of the Roadway to the right of the direction of traffic, and the nearest solid white line, not being the centerline, marked on the Roadway. l) Park Land means every recreational area owned or controlled by the Town that lies within the limits of the Town, whether such land is improved in whole or in part, or remains in its natural state. m) Peace Officer shall mean any member of the R.C.M.P., a Special Constable, or Bylaw Enforcement Officer, and all other persons as defined as such under the Traffic Safety Act, R.S.A. 2000, Chapter T-6 as amended. n) Permit Holder means a disabled person who is lawfully in possession of valid disabled parking identification, either in the form of a lawfully issued license plate, or a lawfully issued blue or red disabled parking placard, in accordance with the Parking Placards for Persons with Disabilities Program and clearly displayed in or on a Vehicle. o) Privately Owned Property means all land located within the Town other than Highways within the management and control of the Town.
Page 4 p) Recreation Vehicle means any Vehicle or a Trailer that is designed, constructed and equipped, either temporarily or permanently, as a temporary accommodation for travel, vacation, or recreational use and includes duly licensed travel Trailers, motorized homes, slide in campers, chassis-mounted campers, boats, all terrain Vehicles, snowmobiles and tent Trailers. q) Residential Area means all land within a residential district as defined in the Town s Land Use Bylaw #89-20 and all Highways abutting Residential Areas, whether or not those Highways abut the other districts. r) Roadway means that part of a Highway intended for use by vehicular traffic. s) Store means the Parking of a Vehicle for more than seventy-two (72) consecutive hours at one location on a Highway. t) Town Manager means the Chief Administrative Officer of the Town or his/her designate. u) Traffic Control Device means any authorized sign, signal, marking or device placed, marked or erected for the purpose of regulating, warning, or guiding traffic or pedestrian movement, whether of a permanent nature or temporary nature, and includes a school crossing guard or patrol. v) Trailer means a Vehicle so designed that it i) may be attached to or drawn by a motor Vehicle or tractor, and ii) is intended to transport property or persons, and includes any Vehicle defined by regulation as a Trailer but does not include machinery or equipment solely used in the construction or maintenance of Highways. w) Truck Route shall mean the Highways within the Town of Strathmore that have been posted with signage indicating Truck Route.
Page 5 w) 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 but does not include a mobility aid. x) Violation Tag means a tag or similar documents issued by the Town pursuant to the Municipal Government Act R.S.A. 2000, Chapter M-26 as amended. y) Violation Ticket means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act, c. P-34, R.S.A. 2000, as amended. OFF-HIGHWAY VEHICLE RESTRICTIONS 301. No person shall operate an Off-Highway Vehicle within the Town of Strathmore, except with prior written permission from the Town Manager. 302. During an emergency, disaster or search and rescue operation with the Town, as determined by the Director of Disaster Services, the provision of Section 301 may be waived, varied or suspended by the Town Manager. 303. Any person operating an Off-Highway Vehicle or permitting an Off- Highway Vehicle to be operated in accordance with Sections 301 and 302, shall comply the provisions of the Off-Highway Vehicle Regulation AR 319/2002 of the Traffic Safety Act, R.S.A. 2000, Chapter T-6 amended. SPEED LIMITS 401. No person shall operate a Vehicle on a Highway in the Town in excess of 50 kilometres per hour, with the following exceptions: a) Highways posted with Traffic Control Devices having a speed other than 50 kilometres per hour; b) An Alley, where the speed shall not be in excess of 20 kilometres per hour; and c) On any day on which school is held, no driver shall drive a Vehicle within a school zone at any rate of speed greater than 30 kilometres per hour between the hours of 8:00 a.m. to 9:30 a.m., 11:30 a.m. to 1:30 p.m., and 3:00 p.m. to 4:30 p.m.
Page 6 TRAFFIC CONTROL DEVICES 501. The power to prescribe the necessity and location of Traffic Control Devices within the Town is hereby delegated to the Town Manager. The Town Manager shall cause a record to be kept of the location of all Traffic Control Devices, and such record shall be open to public inspection during normal business hours. 502. No person shall operate or Park a Vehicle in contravention of any Traffic Control Device within the Town. OBSTRUCTION OF HIGHWAYS 701. No person shall stop a Vehicle or permit a Vehicle to be left upon any Highway in such a manner to block, obstruct, impede or hinder traffic on the Highway. 702. Notwithstanding Section 701, where the obstruction caused by a Vehicle is unavoidable due to mechanical failure, the person will not be in breach of Section 701 provided the person: a) promptly takes measures to remove such Vehicle from the Highway; and b) does not leave the Vehicle unattended if the Vehicle has been placed on a jack or jacks. 703. Subject to Section 702 no person shall make or place an obstruction of any kind or permit an obstruction to be made or placed in, upon or above any Highway unless the Town Manager has granted prior written authority, and then only in strict compliance with the authority granted. 704. Every person who fails to obtain or to comply with the provisions of Section 701 above shall be guilty of an offence and shall, in the addition to any other penalty, cause the removal of the obstruction within twentyfour hours (24) of being notified to do so by the Municipality. After the expiration of the twenty-four hour (24) period, the Town may cause the removal of the obstruction and such removal shall be at the expense of the person causing, placing or permitting the obstruction on the Highway.
Page 7 705. Notwithstanding Section 7, where an obstruction of any kind exists in, upon or above any Highway, and in the opinion of a Peace Officer or the Town Manager, creates an unsafe condition, the Town shall be entitled to take such measures as are required for the protection of life or property to remove or cause to be removed the structure or object and the charges for removal and storage of the structure or object shall be paid by the Owner or other person responsible and shall be in addition to any fine or penalty imposed, or any payment in lieu of prosecution. 706. The Town assumes no responsibility for damage either to the property that is causing the obstruction, or the property that is abutting the Highway when work is being done pursuant to Sections 704 or 705. TRACKED VEHICLES 901. Unless permission to do so has been granted by the Town Manager, no person shall operate or permit to be operated on a Highway: a) a Vehicle having metal spikes, lugs or cleats or bands projecting from the surface of the wheel or tire of such Vehicle, or b) any Vehicle having skids or not using triple grounder or flat surface tracks. 902. The foregoing restriction shall not apply a) to studded tires on passenger vehicles; or b) to Town Vehicles or Vehicles under hire by the Town for snow removal, road building or maintenance of Town property. 903. No person shall drive a Heavy Vehicle or other industrial type Vehicle over or upon any curb, gutter, or sidewalk so as to cause damage to any curb, gutter or sidewalk.
Page 8 RIGHTS AND DUTIES OF PEDESTRIANS 1001. Every person shall, insofar as they are applicable, obey the rules for pedestrians as set out in Part III of the Use of Highways and Rules of the Road Regulation AR 304/2002 of the Traffic Safety Act, R.S.A. 2000 Chapter T-6 as amended. 1002. No pedestrian shall cross any Highway at any point other than an intersection or crosswalk. The driver of a vehicle is not relieved from exercising due care. 1003. For the purpose of Section 1002 above, Highway shall not include an Alley. 1004. No person shall cross at an intersection if Traffic Control Device at that intersection prohibits crossing. 1005. No pedestrian shall stand so as to prevent or impede access to the zone of a fire or other emergency, or pass beyond a point designated by a Peace Officer or member of a Fire Department. 1006. No person shall stand in a group of three (3) or more persons so near to each other on any Highway as to obstruct the entrance to buildings or to obstruct or prevent other persons from using such Highway and forthwith after the request has been made by a Peace Officer to do so, shall disperse and move away. 1007. No person shall so conduct himself or otherwise position himself on a Highway in such manner as to obstruct vehicular or pedestrian traffic or as to inconvenience any other person upon the Highway. 1008. Nothing in Sections 1006 and 1007 above shall be construed as prohibiting the assembly of persons for the purpose of watching a Parade or Procession duly authorized by the Town Manager. CYCLISTS, SKATEBOARDS AND HORSE DRAWN VEHICLES 1101. Every person riding a bicycle or a skateboard on a Highway within the Town shall insofar as they are applicable obey the rules of the road as set out in Regulation AR 304/2002 of the Traffic Safety Act, R.S.A. 2000, Chapter T-6, as amended.
Page 9 1102. No person shall ride a bicycle, roller skate, in-line skate, skateboard, or ride a scooter upon a sidewalk at any rate of speed that is unreasonable having regard to the nature, condition, and use of the sidewalk and the amount and kind of pedestrian traffic that is or might reasonably be expected to be on the sidewalk. 1103. Every person roller-skating, in-line skating, skateboarding, or riding a scooter upon a sidewalk shall: a) yield the right of way to the pedestrians, b) when passing a pedestrian, or other person on the sidewalk, use care and control required to ensure the safety of a pedestrian or other person, (c) (d) (e) stay at a reasonable distance from other persons using a sidewalk, give an audible signal, and before overtaking a pedestrian, which signal will be produced a reasonable time prior to overtaking, by voice, bell or other warning device, which is audible to the pedestrian. 1104. No person shall ride a skateboard on any property if prohibited from doing so by a Traffic Control Device. 1105. No person shall ride a skateboard on private property without the expressed prior written consent of the property owner. 1106. Notwithstanding any penalties specified, any person who operates a bicycle or skateboard within the corporate limits of the Town, in contravention of any of the provisions of this Bylaw or any other Bylaw of the Town, or any Act of Alberta, may have the said bicycle or skateboard impounded by and at the discretion of any Peace Officer for a period not exceeding sixty (60) days. 1107. No person shall ride a horse on a Highway within the Town without the prior written permission of the Town Manager.
Page 10 1108. When approval is granted by the Town Manager under Section 1107, the driver or other person in charge of any horse drawn Vehicle on a Highway shall remain upon such Vehicle while it is in motion, or shall walk beside the horse drawing such Vehicle. PARKING 1201. Every person Parking a motor Vehicle, a tractor, an implement of husbandry, or any other type of Vehicle upon a Highway in the Town shall insofar as they are applicable, obey the parking regulations found in the Rules of the Road Regulation and Traffic Safety Act, R.S.A. 2000 Chapter T- 6 as amended. 1202. Where a Traffic Control Device upon a Highway restricts Parking thereon to residents, no person shall Park a Vehicle contrary to a Traffic Control Device unless such Vehicle displays upon the front windshield of such Vehicle a permit authorized by the Town Manager, or his designate. 1203. No person shall display upon a Vehicle a permit purporting to exempt such Vehicle from the provisions of Section 1202 above, unless such permit was authorized by the Town Manager, or his designate. 1204. No person shall Park a Vehicle at any place where a temporary Traffic Control Device prohibits stopping or Parking during the times stopping or Parking is so prohibited. 1205. No person shall Park a Vehicle in an Alley unless a sign directs otherwise, but Alleys may be used for such period of time as may be reasonably necessary for loading or unloading of passengers or goods, provided the Vehicle concerned does not obstruct the Alley as to prevent other Vehicles or persons from passing along the Alley. 1206. No person shall Park a Vehicle on private land that has been clearly marked as such by a sign erected by the Owner, tenant or their agent unless such person has obtained the permission of the Owner, tenant, occupant or person in charge of the said private land. 1207. An Owner, tenant, occupant or person in charge of private land, if satisfied that any person is violating the prohibition set forth in subsection (a) of this Section may report to a Peace Officer the license number
Page 11 and location of the illegally parked Vehicle; any person making such a report to a Peace Officer shall give his own name and address. a) No person shall Park in an area designated by a sign as a parking place for persons with disabilities unless that person displays a disabled placard or license plate issued or recognized by the Registrar of Motor Vehicle Services. b) No person shall Park any Vehicle upon any land owned by the Town except on such part thereof as the Town Manager may designate by a sign or signs for vehicular parking. 1208. No person shall Park a Vehicle or permit a Vehicle to be Parked on any Highway within the Town where the Vehicle is over eight (8) metres in length or two (2) metres in width, other than in an area designated by a Traffic Control Device for such purposes or in accordance with Section 13 regarding Recreation Vehicles. 1209. No person shall Park or permit a Vehicle to be Parked in any bus stop properly marked by a sign. 1210. No person shall Park or permit a Vehicle to be Parked in the entrance to any fire hall, police detachment or in the ambulance entranceway to its garage or to any hospital. 1211. No person operating a Vehicle shall park so as to prevent or impede access to the zone of a fire or other emergency, or pass beyond a point designated by a Peace Officer or member of a Fire Department. 1212. No person shall Park or permit to be Parked a Heavy Vehicle in a Residential Area at any time. 1213. No person shall Park or permit to be Parked a Heavy Vehicle on any Highway within the Town unless such Parking is authorized by a Traffic Control Device. 1214. Unless permitted by a Traffic Control Device, a person shall not Park or permit a Vehicle to be Parked in any of the following areas: a) on a sidewalk or boulevard;
Page 12 b) on a crosswalk or any part of a crosswalk; c) within an intersection or at an intersection nearer than 5 metres to the projection of the corner property line immediately ahead or immediately behind; d) within 5 meters of the approach to any stop sign, yield sign or crosswalk; e) within five (5) metres of any fire hydrant, or when the fire hydrant is not located at the curb, within five (5) metres of the point on the curb nearest the hydrant; f) within one and a half (1.5) meters of an access to a garage, private road or driveway, or a Vehicle crossways over a sidewalk; or g) on a any bridge or culvert. 1215. When parallel parking on a Highway, a driver of a Vehicle shall Park that Vehicle with the sides of it parallel to the curb or edge of the roadway and: (a) with the right hand wheels of it not more than five hundred (500) millimeters from the right hand curb or edge of the roadway; and (b) with the Vehicle facing the direction of travel authorized for that Highway. 1216. No person shall Store a Vehicle or permit a Vehicle to be Stored upon a Highway. 1217. Any Vehicle stored or permitted to be stored on a Highway is subject to being towed and all charges shall be paid by the Owner of the Vehicle prior to redeeming the Vehicle. 1218. The may cause movable signs to be placed on or near a Highway to indicate No Parking, Parade Route, Street Cleaning, Emergency Repairs, or Snow Removal and when so marked, such signs shall take precedence over all other Traffic Control Devices.
Page 13 1219. Where the Vehicle was Parked prior to the placement of the signs referred to in Section 1218, no person shall leave that Vehicle Parked or permit that Vehicle to remain Parked on the Highway after the expiration of twentyfour (24) hours from the time the sign or signs were placed, and until such sign or signs have been removed. RECREATION VEHICLES 1301. An Owner or operator of a Recreation Vehicle shall not Park a Recreation Vehicle upon a Highway for more than twenty-four (24) consecutive hours. 1302. No person shall Park or permit to be Parked a Recreation Vehicle, or any part thereof, on a Highway in such a manner that the Recreation Vehicle constitutes an obstruction on the Highway, presents a safety concern or otherwise impedes the travel of other users of the Highway. 1303. If, in the sole opinion of a Peace Officer, a Recreation Vehicle is parked contrary to Section 1302, the Peace Officer may direct the owner or person responsible for the Recreation Vehicle to move the Vehicle. If the Owner or person responsible for the Recreation Vehicle fails to move the Recreation Vehicle in accordance with the direction of the Peace Officer, the Peace Officer may remove or cause to be removed the Recreation Vehicle. The charges for the removal and storage of the Recreation Vehicle shall be paid by the Owner or person responsible for the Recreation Vehicle and shall be in addition to any fine or penalty imposed under this Bylaw or the Traffic Safety Ac, R.S.A. 2000, Chapter T-6 as amended. 1304. No person shall Park any Trailer, or permit any Trailer to be Parked upon any Highway within the Town unless the Trailer is attached to a Vehicle by which it may be propelled or drawn; when the Trailer is attached, it shall be deemed to be part of the Vehicle to which it is attached, and shall be subject to the regulations pertaining to Vehicles, unless otherwise authorized by the Town Manager. REMOVAL OR IMPOUNDMENT OF VEHICLES 1401. Any Peace Officer is authorized to remove or cause to be removed any Vehicle or Trailer operated or Parked in contravention with any provision of this Bylaw or where emergency conditions may require such removal from a Highway.
Page 14 1402. Such Vehicle may be seized and removed to a suitable place where it will remain until claimed by the Owner thereof or his/her agent. 1403. No seized Vehicle shall be released to its Owner or his/her agent until the storage and removal charges on the Vehicle have been paid. Such charges shall be in addition to any fine or penalty imposed in respect of any such violation or to any payment made in lieu of prosecution as provided. The Town is not responsible for towing or storage charges. PARADES AND PROCESSIONS 1501. No person may hold a Parade or Procession without first having obtained a permit from the Town in accordance with this Bylaw. 1502. Any person wishing to organize or arrange a Parade shall advise the Town Manager, at least seventy-two (72) hours prior to the time of the Parade by way of application for a Parade Permit. 1503. The application for a Parade or Procession shall include: a) name and address of applicant and if the applicant is an organization, the names and addresses of the executives of the organization; b) nature and object of the Parade and Procession; c) day, date, and hours of the Parade; d) intended route; e) approximate number of people who will take part; and f) approximate size, number and nature of flags, banners, placards, floats, Vehicles, animals, etc. participating in the Parade or Procession. 1504. The Town Manager may unconditionally approve, approve with conditions or refuse an application for Parade Permit.
Page 15 1505. No Parade or Procession shall obstruct the movement, use or operation of any fire apparatus or police Vehicle, or other emergency equipment or Vehicles. 1506. No person driving any Vehicle or riding or driving a horse shall drive or ride through, nor shall any pedestrian walk through, the ranks of any military or funeral Procession, nor through the ranks of any other Parade or Procession, nor in any way obstruct, impede or interfere with the same. 1507. Where a permit has been granted for a Parade or Procession: a) notwithstanding the provisions elsewhere contained herein, persons may congregate on the sidewalks or a portion of a street designated for the purpose in order to view the Parade or Procession; b) the Town may temporarily close, or all or some types of traffic, all or portions of the streets along or near the route set out in the permit for the anticipated time of the Parade and for such additional time as necessary to again clear the street or streets for normal traffic; and c) the Town may suspend temporarily Parking and loading privileges on all or a portion of the streets on the route of the Parade. 1508. Where permission is obtained allowing floats, Vehicles or animals to be placed in or on the route of a Parade, the person or persons sponsoring the Parade shall indemnify and save harmless the Town from and against any and all claims for injury to any person or persons and damage to any real or personal property arising by reason of or in any way connected with the entry, placing or operation of the Vehicle or float in the Parade or Procession whether prior to, during or after the Parade or Procession, and whether arising out of or directly or indirectly, caused by any act, omission or negligence of the Town, its employees or agents. 1509. Notwithstanding Section 1508 of this Bylaw, the driver or operator of the Vehicle or float and all persons on such Vehicle or float taking part in the Parade or Procession shall ensure that: a) no part of the Vehicle or float will damage the streets, electric or telephone poles or wires, street lights, cables or supports, traffic signal lights or signs, fire hydrants, or any other property of the Town or a public utility in, upon, over or beside a street;
Page 16 b) the Vehicle, the float or anything thereon or attached thereto will not injure any person or cause damage to any real or personal property; and c) that no portion of the Vehicle, or float, and nothing erected, placed on or attached to the Vehicle or the float will come in contact with any telephone wire or any wire charged with or carrying electric current. DESIGNATED TRUCK ROUTES 1601. The Truck Routes of the shall be as follows: a) Highway #1 within the ; b) Wheatland Trail (Secondary Highway #817) within the Town of Strathmore; c) Westlake Road west from Wheatland Trail (Secondary Highway #817); d) Lakeside Boulevard from Highway #1 to Second Avenue; e) Second Avenue from Wheatland Trail (Secondary Highway #817) to Lakeside Boulevard; f) Third Avenue from Wheatland Trail (Secondary Highway #817) to Lakeside Boulevard; g) Eastlake Road from the east Town Boundary to Thomas Drive; h) Thomas Drive from Eastlake Road to Brent Boulevard; i) Bayside Place; j) Brent Boulevard east from Wheatland Trail (Secondary Highway #817) to Thomas Drive. k) Spruce Park Drive, Slater Road, Spruce Lane and Slater Way; l) Orchard Park Road and Orchard Way;
Page 17 m) Canal Boulevard; l) Westchester Road between Westlake Road and Highway #1; m) West Boundary Road; n) All Service Roads within the Town boundaries are classified as Truck Routes. 1602. No person shall operate a Heavy Vehicle on a Highway other than a Truck Route except as follows: a) A person operating a Heavy Vehicle shall, for the purposes of obtaining goods from or delivering goods to a location off a designated Truck Route, take the most direct route between the delivery or collection point on a designated Truck Route. b) A person driving a vehicle owned by or actually in the service of the. 1603. Unless otherwise posted, no person shall Park a Heavy Vehicle upon any Highway except on a Truck Route. 1604. The provisions in Section 1603 shall not apply so as to prohibit such Vehicles being Parked on a Highway for the purpose of unloading and loading goods to or from premises abutting such Highway, providing that if the loading and unloading of it takes place during a period of restricted visibility, then the Vehicle and its Trailer shall have all front and rear parking lights illuminated. GENERAL 1701. The provisions of this Bylaw do not apply to the following Vehicles: a) emergency Vehicles; b) school buses, when authorized or buses for the handicapped, while transporting, loading or unloading passengers during the ordinary course of business.
Page 18 1702. Notwithstanding anything in this Bylaw, every person operating a motor Vehicle, bicycle, tractor, implement of husbandry or other type of Vehicle in the Town shall insofar as they are applicable, obey the rules of the road as set out in Regulation AR 304/2002 of the Traffic Safety Act, R.S.A. 2000, Chapter T-6, as amended. PENALTIES 1701. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable upon conviction to a fine as set out in Schedule, A which is attached hereto and forms part of this Bylaw. 1702. Under no circumstances shall any person contravening any provisions of this Bylaw be subject to the penalty of imprisonment. 1703. Nothing in this Bylaw shall be construed as curtailing or abridging the right of the Town to obtain compensation or to maintain any action for loss of or damage to property from or against the person or persons responsible. 1704. A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 1705. Any Peace Officer is hereby authorized to control and regulate Vehicles and Highway traffic on all Highways within the Town and otherwise enforce the provisions of this Bylaw. 1706. A Violation Tag must be issued to such person: a) either personally; or b) by attaching it to the windshield wiper of the offending Vehicle; or c) by mailing a copy to such person at his or her last known post office address. 1707. The Violation Tag shall be in a form approved by the Town and shall state: a) the offence;
Page 19 b) the appropriate penalty for the offence as specified in Schedule A of this Bylaw; c) the due date for payment shall not be less than twenty-one (21) days from issuance of the Violation Tag; and d) any other information as may be required by the Town. 1708. Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by a Peace Officer, provided that no more than one Violation Tag is issued for each day that the contravention continues. 1709. Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified in the Violation Tag. 1710. Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation Ticket for the mandatory court appearance of any person who contravenes any provision of this Bylaw. 1711. If the penalty specified in a Violation Tag is not paid within the prescribed time period, then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II or Part III of the Provincial Offences Procedure Act. EFFECTIVE DATE 1801. That Bylaw #95-22 and all amendments there to are hereby rescinded. 1802. Bylaw #01-18 and all amendments thereto are hereby rescinded. 1803. This Bylaw shall come into force upon third and final reading. READ A FIRST TIME this 6 th day of December, 2006. READ A SECOND TIME this 6 th day of December, 2006.
Page 20 READ A THIRD TIME and finally passed this 6 th day of December, 2006. MAYOR EXECUTIVE ASSISTANT
Page 21 SCHEDULE A PENALTIES 1. Except as specified under the Traffic Safety Act, R.S.A. 2000, Chapter T-6 or any enactment substituted therefore, the specified penalty for contravention of this Bylaw, excluding Sections 1602 & 1603, shall be: $50.00 2. For each additional offence the penalty shall be: $100.00 3. Park Contrary to the Two Hour Parking Zone $ 50.00 4. Heavy Vehicle off of Truck Route $125.00