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HomeMy WebLinkAbout2046-23 TrafficCOUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 2046-23 BEING A BYLAW OF COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA, TO CONTROL AND PROVIDE REGULATIONS AND PENALTIES PERTAINING TO HIGHWAYS, ROADWAYS, STREETS, SIDEWALKS, AND PATHWAYS 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: (1) This Bylaw may be cited as the TRAFFIC BYLAW. 2. DEFINITIONS: (1) In this Bylaw: (a) "Bicycle" has the same meaning as defined in the Use of Highway and Rule of the Road Regulation, AR304/2002, and amendments thereto; (b) "Boulevard" has the same meaning as in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (c) "Chief Administrative Officer (CAO)" means a person appointed to that position by the County of Newell as per section 205 of the Municipal Government Act RSA 2000 c M-26 or their designate; (d) "Commercial Vehicle" has the same meaning as in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (e) "Council" means the Council of the County of Newell; (f) "County" means the County of Newell; (g) "Crosswalk" has the same meaning as defined in the Use of Highway and Rules of the Road Regulation, AR304/2002, and amendments thereto; (h) "Ditch" means all that portion of a Highway that does not include the Roadway; Bylaw 2046-23 Page 2 (i) "Driver" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (j) "Emergency Vehicle" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (k) "Hamlet" means an unincorporated Urban Area as defined in the County Municipal Development Plan; (1) "Highway" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (m) "Implement Of Husbandry" has the same meaning as defined in the Use of Highway and Rule of the Road Regulation, AR304/2002, and amendments thereto; (n) "Intersection" has the same meaning as defined in the Use of Highway and Rule of the Road Regulation, AR304/2002, and amendments thereto; (o) "Motor Vehicle" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (p) "Multi -lot Subdivision" means any group of parcels subdivided for the purposes of development; (q) "Off -Highway Vehicle" has the same meaning as defined in section 117 of the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (r) "Owner" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (s) "Park" wh has the same meaning as defined in the Use of Highway and Rule of the Road Regulation, AR304/2002, and amendments thereto; (t) "Pathway" means a multi -purpose thoroughfare controlled by the County; (u) "Peace Officer" means: i. A Community Peace Officer as appointed by the Government of Alberta, ii. A Bylaw Enforcement Officer as appointed by the County of Newell to enforce bylaws of the County, or iii. A member of the Royal Canadian Mounted Police. (v) "Pedestrian" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (w) "Permit" means a Permit issued under this bylaw or under the Traffic Safety Act RSA 2000, c. T-6; Bylaw 2046-23 Page 3 (x) "Road Construction" includes the process of dust abatement material or gravel being placed on a Roadway, and any other work deemed by the County to improve, repair or maintain the Roadway; (y) "Roadway" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (z) "Road Right -of -Way" includes: land that is shown as a road or road allowance on a plan of survey that has been filed or registered in a land titles office; a statutory road allowance; and iii. land that is used as a Highway, thoroughfare, street, road, trail, avenue, Pathway, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any place or any part of or any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use the passage or parking of Vehicles and includes: And 1. if a Ditch lies adjacent to and parallel with the Roadway, the Ditch; 2. if a Road 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 the Province of Alberta not to be a Highway, as defined in the Traffic Safety Act, RSA 2000, Chapter T-6, as amended or repealed from time to time. (aa) "Sidewalk" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (bb) "Sign" means any private Sign that indicates the presence or the existence of something and includes private advertising Signs, private directional Signs, private identification Signs and private temporary Signs; (cc) "Traffic Control Device" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (dd) "Traffic Control Signal": has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (ee) "Traffic Lane" has the same meaning as defined in the Use of Highway and Rules of the Road Regulation, AR304/2002, and amendments thereto; (ff) "Trailer" has the same meaning as defined in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; and includes any Trailer that is designed, Bylaw 2046-23 Page 4 constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily; (gg) "Terms and Conditions" shall mean those Terms and Conditions outlined in a Permit; (hh) "Tridem Axle Group" has the same meaning as defined in the Commercial Vehicle Dimension and Weight Regulation AR315/2002; (ii) "Tridem Drive Axle Group" has the same meaning as defined in the Commercial Vehicle Dimension and Weight Regulation AR315/2002; dj) "Truck" means a Vehicle designed primarily for the transportation of material 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; (kk) "Urban Area" means a Hamlet or Multi -lot Subdivision; (II) "Vehicle" has the same meaning as in the Traffic Safety Act RSA 2000 c T-6, and amendments thereto; (mm) "Violation Ticket" means a Violation Ticket issued in accordance with the current Provincial Offences Procedure Act, RSA 2000, c P-34, as amended and any regulations thereto; (nn) "Violation Tag" means a ticket alleging an offence issued pursuant to the authority of a Bylaw of the County; (oo) "Water Truck" means any Vehicle designed to haul water; (pp) "Wheeled Conveyance" means any human powered Vehicle, or electric mobility aid scooter, or electric bicycle, or electric scooter, but does not include any Vehicle within an internal combustion engine; (qq) "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 (1) A Pedestrian shall not obstruct the lawful use of a Roadway. 4. CYCLISTS (1) No person shall ride a Bicycle on any Sidewalk. Bylaw 2046-23 Page 5 (2) Children's Bicycles and tricycles having a wheel diameter of less than fifty (50) centimeters are exempted from the provision. 5. PARKING (1) When parking a Vehicle on a Roadway where permitted, a person may only Park a Vehicle: (a) with: the sides of the Vehicle parallel to the curb or edge of the Roadway, and the right wheels of the Vehicle not more than five hundred (500) millimeters from the right curb or edge of the Roadway; or (b) in the case of a one-way Highway where parking on either side is permitted, with the sides of the Vehicle parallel to the curb or edge of the Roadway, and ii. the wheels that are the closest to a curb or edge of the Roadway not more than five hundred (500) millimeters from that curb or edge; and iii. the Vehicle facing in the direction of travel authorized for the Highway. (2) Notwithstanding section 6(1), a person may Park a motorcycle: (a) at an angle, other than perpendicular, to the curb or edge of the Roadway, and with (b) a wheel of the motorcycle not more than five hundred (500) millimeters from the curb or edge of the Roadway. (3) Section 6(1) does not apply where angle parking is permitted or required. (4) A person driving a Vehicle shall not, unless required or permitted by the Act, the Regulation, this Bylaw or by a Traffic Control Device, or in compliance with a direction given by a Peace Officer, or to avoid conflict with other traffic, stop or Park the Vehicle at the following locations: (a) on a Sidewalk or Boulevard; (b) on a Crosswalk or on any part of a Crosswalk; (c) within an Intersection other than immediately next to the curb in a "T" Intersection; (d) within an Intersection nearer than five (5) meters to the projection of the corner property line immediately ahead or immediately to the rear, except when the Vehicle is parked in a space where a parking meter or other Traffic Control Device indicates parking is permitted; (e) in the case of an approach to a stop Sign or yield Sign, within five (5) meters from the stop Sign or yield Sign; Bylaw 2046-23 Page 6 (f) within five (5) meters from any fire hydrant, or when the hydrant is not located at the curb, within five (5) meters from the point on the curb nearest the fire hydrant; (g) within one and a half (1.5) meters from an access to a garage, private road or driveway or a Vehicle crossway over a Sidewalk; (h) within five (5) meters from the near side of a marked Crosswalk; (i) alongside or opposite any Roadway excavation or obstruction when the stopping or parking would obstruct traffic; 0) on any bridge; (k) at any place where a Traffic Control Device prohibits stopping or parking, during the times stopping or parking is so prohibited; (1) on the Roadway side of a Vehicle that is parked or stopped at the curb or edge of the Roadway; (m) at or near the site of any fire, accident or other emergency, if stopping or parking would obstruct traffic or hinder Emergency Vehicles or Peace Officers, Fireman, Ambulance Drivers or Assistants or Rescue Officers or volunteers; (n) if a Highway is divided into two (2) or more Roadways by a Boulevard, Ditch or other physical barrier, on that portion of the Highway that is to the left of the yellow line except in an emergency situation where the Vehicle is disabled and it is not practicable to move the Vehicle to the far right side of the Highway. (5) No person shall Park a Vehicle in an alley except when actively loading or unloading goods or passengers from the Vehicle. (6) No person shall Park any Trailer, whether designed for occupancy or load carrying, on any Highway unless such Trailer is attached to a Vehicle by which it may be propelled or drawn and when so attached, the Trailer shall be considered a part of the towing Vehicle and subject to any regulations pertaining to the Vehicle. (7) No person shall Park or stand any recreational Vehicle or Trailer attached to a Vehicle, on any Highway within the County for a period of more than seventy-two (72) hours. (8) No person shall leave a Vehicle unattended on a Highway while it is supported by a jack or a similar device. (9) No person shall Park a Vehicle on a Roadway outside of an Urban Area when it is practicable to Park the Vehicle off the Roadway. (10) A person driving a Vehicle shall not Park the Vehicle on the Roadway, parking lane or shoulder of a Highway except where; (a) the Vehicle is incapable of moving under its own power, Bylaw 2046-23 Page 7 (b) an emergency arises, or (c) it is otherwise permitted by law. (11) Where a person driving a Vehicle must Park the Vehicle on a Highway, that person shall do so only if there is: (a) a clear and unobstructed space opposite the Vehicle for free passage of other Vehicles on the Roadway, and (b) a clear view of the Parked Vehicle for a distance of sixty (60) meters along the Roadway in both directions. (12) When a Vehicle is Parked on any Highway, parking lot or public place and is in violation of a provision of this Bylaw or Regulation, it may be removed and impounded and the cost thereof may be charged against the Owner and/or operator of said Vehicle. 6. EXEMPTIONS FROM PARKING PROVISIONS (1) Notwithstanding anything elsewhere contained in this Bylaw the provisions relating to stopping or parking of Vehicles do not apply to: (a) Emergency Vehicles; (b) service Vehicles used in conjunction with the servicing of public utilities including telephone systems, electrical systems, natural gas systems; or (c) Municipal and other Government Public Works Vehicles. (2) Notwithstanding anything in this Bylaw, the CAO may issue a Permit exempting a Vehicle for any period of time and from such provisions of this Bylaw pertaining to stopping or parking Vehicles as may be specified therein, which Permit shall not be valid unless placed on the dash inside of the Vehicle in respect of which it is issued so as to be clearly legible from outside thereof. 7. PARKING ON PUBLIC / PRIVATE LAND (1) No Vehicle shall be Parked on any land owned or maintained by the County, which the County uses or permits to be used as a playground or recreation area or a public park, unless Parked in designated area. (2) No Vehicle shall be Parked on any private land without the Owner's consent. 8. PARADES, PROCESSIONS, AND SPECIAL EVENTS (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 CAO, a Permit for the Parade, Procession, or Special Event to be held. (2) Any person desiring to hold a Parade, Procession, or Special Event within the County shall, at least fourteen (14) days before the time they desire to hold the same, make an Bylaw 2046-23 Page 8 application in writing to the CAO, and in such application shall furnish to the CAO information with respect to the following, namely: (a) the names and addresses of the applicant, and if the applicant is an organization, the names and addresses and occupations of the executive thereof; (b) the nature and objects of such Parade, Procession, or Special Event; (c) the day, date, and hours during which the Parade, Procession, or Special Event will be held; (d) the intended route thereof; (e) the approximate number of persons who will take part therein; (f) 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; (3) If assistance is required from the County by the applicant, details as to the nature of such requested assistance. (4) The CAO may require, at his/her direction, a security deposit and/or an indemnity in connection with the granting of permission to hold a Parade, Procession, or Special Event. (5) In the event the CAO grants a Permit for a Parade, Procession, or Special Event, the conditions upon which the CAO issued the Permit to the applicants in regard to such Parade, Procession, or Special Event, which in their opinion may be required to prevent any unnecessary or unreasonable obstruction of the Highway and / or a breach of the peace, shall be implemented by the applicant. (6) 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. 9. OFF -HIGHWAY VEHICLES (1) A person may operate an Off -Highway Vehicle on a Highway within the County subject to the following conditions: (a) no person shall operate an Off -Highway Vehicle unless they are a holder of a valid subsisting Class 5 or greater Operators License; (b) no person shall operate an unregistered Off -Highway Vehicle; (c) no person shall operate an Off -Highway Vehicle that is not insured; Bylaw 2046-23 Page 9 (d) no person shall operate an Off -Highway Vehicle if the licence plate is not securely attached, legible, and clearly visible to other Drivers at all times; (e) except as provided otherwise in this Bylaw, an Operator of an Off -Highway Vehicle shall be permitted to operate the Off -Highway Vehicle on the right-hand side of the Roadway, along the edge of the Roadway, or in the Ditch and shall travel single file at all times. Off -Highway Vehicles, when travelling on any Highway as permitted in this Bylaw, shall travel in the same direction as Vehicles travelling on that side of the Roadway. (f) an operator of an Off -Highway Vehicle within a Hamlet or Multi -lot Subdivision within the County shall use the Roadway within the Hamlet or Multi -lot Subdivision only to leave from and return to the Hamlet or Multi -lot Subdivision by the most direct and safest route possible to and from their residence; (g) the hours of operating an Off -Highway Vehicle on a Highway shall be restricted to the period of time between 8:00 am and 10:00 pm. 9(1)(g) does not apply to agricultural activities. (h) the maximum speed at which an Off -Highway Vehicle shall be permitted to travel on a Roadway outside of a Hamlet or Multi -lot Subdivision, is fifty (50) km/h; (i) the maximum speed for an Off -Highway Vehicle in a Hamlet or Multi -lot Subdivision is thirty (30) km/h; (j) no person shall operate an Off -Highway Vehicle in any Multi -lot Subdivision or on any Highway within the County, where the County has placed a Sign or Signs prohibiting such operation; (k) Off -Highway Vehicles operated on any Highway as permitted in this Bylaw shall comply with the required equipment as described in the Off -Highway Vehicle Regulations AR 312/2002. (1) an operator of an Off -Highway Vehicle is driving carelessly if that Driver drives the Off -Highway Vehicle: i. without due care and attention, or ii. without reasonable consideration for other persons or property, or iii. a person shall not operate an Off -Highway Vehicle on any property, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use, in a manner that constitutes driving carelessly. (2) Section 9 does not apply to a Peace Officer, agents or employees of the County while operating an Off -Highway Vehicle in the performance of their duties. Bylaw 2046-23 Page 10 (3) Section 9 does not apply to Off -Highway Vehicles being used in search and rescue operations or other emergency circumstances. (4) An operator of an Off -Highway Vehicle in the County on a Highway does so at their own risk. (5) An operator of an Off -Highway Vehicle shall stop when requested by a Peace Officer. (a) when stopped, an operator shall produce any documents related to the use of the Off -Highway Vehicle. 10. PARKING OF MOTOR VEHICLE TRANSPORTING DANGEROUS GOODS (1) No Vehicle or combination of Vehicles used for the Transportation of Dangerous Goods as defined in the Dangerous Goods Transportation and Handling Act shall Park; (a) in an Urban Area, unless the area is designated as a parking area for Vehicles used to convey dangerous goods; (b) 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. 11. TRUCK ROUTES (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. (2) Section 11(1) does not apply to: (a) school buses on an approved school bus route; (b) 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; (c) Emergency Vehicles. (3) No person shall Park any school bus, Commercial Vehicle, truck tractor, or a combination of a truck tractor and Trailer with a gross vehicle weight exceeding 7,500 Kilograms, or length of more than six (6) meters, on any road in an Urban Area except for the purpose of loading or unloading such Vehicle. (a) notwithstanding Section 11(3), a Vehicle with a GVW exceeding 7,500 Kilograms may Park in Urban Areas when unloaded, not in combination with a Trailer and the TARE weight does not exceed 6,500 Kilograms. 12. OVERWEIGHT/OVER DIMENSION (1) No person shall operate a Commercial Vehicle or combination of Vehicles on any Highway within the County in excess of their allowable axle weights, certificate weight Bylaw 2046-23 Page 11 per the Commercial Vehicle Dimension and Weight Regulations without first obtaining a Permit issued by the County of Newell. (2) No person shall operate a Commercial Vehicle or combination of Vehicles in excess of the load limits, or the size limits, as per the Commercial Vehicle Dimension and Weight Regulations within the County without first obtaining a Permit issued by the County of Newell. (3) Anyone operating a Commercial Vehicle in the County that has been issued a Permit from the County of Newell must adhere to all Terms and Conditions outlined in the Permit. 13. WEIGHT RESTRICTIONS (1) No person shall operate or permit a Commercial Vehicle to be operated on a Highway when: (a) the gross weight of all axles of a Vehicle or Vehicle combination exceeds the posted maximum allowable weight for a bridge as set out in an Order by the Road Ban Committee established by Council; or (b) the gross weight of a carrying axle, carrying axle group or all axles of a Vehicle or combination of Vehicles exceeds the maximum allowable weight that may be borne on a Highway as determined by the percentage axle weight set out in an Order by the Road Ban Committee established by Council. (2) No person shall operate a Commercial Vehicle with the gross weight of an axle, axle group or all axles in excess of the maximum allowable weights established by a Road Ban Committee Order unless authorized by a Permit issued by the County of Newell. 14. TRIDEM DRIVE AND TRIDEM AXLE GROUPS (1) Tridem Drives and Tridem Axle Groups may exceed 17,000 Kilograms on County roads if: (a) the Vehicle is permitted to be on local roads exceeding 17,000 Kilograms by being permitted by the Province of Alberta; and (b) the Tridem Drive and/or Tridem Axle Group does not exceed the maximum allowable weight allowed on the Permit; and/or (c) the Tridem Drive and/or Tridem Axle Group does not exceed the maximum allowable weight allowed under the Commercial Vehicle Dimension and Weight Regulation. (2) No person shall operate a Commercial Vehicle on a Highway in the County of Newell when contravening any portion of the Tridem Drive and Tridem Axle Group Permit. (3) Notwithstanding Section 14(2) a person does not need to contact the County when operating on County Highways under a Tridem Drive and Tridem Axle Group Permit. Bylaw 2046-23 Page 12 15. STOPPING COMMERCIAL VEHICLES — POWERS OF PEACE OFFICER (1) A Peace Officer may stop any Commercial Vehicle in the County that may be in violation of this Bylaw to check for a Permit. (2) A Peace Officer may stop and weigh any Commercial Vehicle for the purpose of ensuring a Commercial Vehicle is not in violation of this Bylaw. (3) A Peace Officer may stop any Commercial Vehicle in the County to check its dimensions and/or weights. (4) A Driver of a Commercial Vehicle shall produce a Permit when requested by a Peace Officer. 16. CAUSING ADVERSE IMPACTS ON ROADS (1) 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. 17. AGREEMENTS WITH THE COUNTY (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. The County may require the Owner, operator, Driver, 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. (2) Nothing in the Bylaw shall be construed as to require the entering into of an agreement by the County. 18. SIDEWALKS (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. (2) No person shall place or cause to be placed any electrical cord over a Sidewalk unless it is suspended at least two and a half (2.5) meters above the Sidewalk and does not interfere with any Pedestrian or Vehicle traffic. Bylaw 2046-23 Page 13 (3) A person may, in such a way as to not injure or unduly interfere with any other Person lawfully using the Sidewalk, use a power driven device that is sufficiently light and of such construction that it will not cause damage to the surface of the Sidewalk, to remove snow, ice, dirt or other foreign matter from any portion of the Sidewalk for which he is responsible pursuant to the provisions of this Bylaw. 19. DEBRIS AND OTHER ITEMS ON HIGHWAY (1) No person shall wash a Vehicle on any 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, or Highway. (2) 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. (3) 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. (4) No person shall deposit any water, mud, slush, ice, snow, dirt or other debris onto any Highway and may be ordered to forthwith remove any water, mud, slush, ice, snow, dirt or other debris that has been deposited onto the Highway. 20. WATERING OF ROAD ALLOWANCES (1) No landowner/renter shall allow sprinkling on any Highway maintained by the County. 21. DISPOSING OF WASTE ON A HIGHWAY (1) No person shall dispose of waste on a Highway. (2) No person shall dispose of waste from a Vehicle on a Highway. (3) No Owner or operator of a Vehicle shall allow waste to be disposed of from the Vehicle by any passenger on a Highway. (4) No person shall dispose of waste in any matter other than in waste receptacle. 22. TRAFFIC CONTROL DEVICES (1) Without restricting the generality of the foregoing section, the CAO is hereby authorized to: (a) 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 2046-23 Page 14 (b) designate safety zones and cause the same to be marked by Traffic Control Devices. (c) designate Crosswalks upon any Highway and to be marked by Traffic Control Devices. (d) 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. (e) temporarily suspend parking privileges in any area. (f) temporarily close the whole or part of a Highway to accommodate Parades, Processions, or Special Events as per Section 8 of this Bylaw; and shall cause such Highway or area to be marked with appropriate Traffic Control Devices. (g) designate any Highway or Roadway as one to be divided into Traffic Lanes of such number as he considers proper. (h) 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. (i) designate any Boulevard upon which parking is permitted and shall cause Traffic Control Devices to be erected so designating. Q) designate passenger or truck loading spaces and shall cause the same to be marked by Traffic Control Devices. (k) designate "School Bus Stops," may cause the said areas to be marked by Traffic Control Devices. (1) designate any area as a parking area. (m) designate areas for angle parking on any Highway and shall cause the appropriate Traffic Control Devices to be erected. (n) 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. (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. 23. ONE-WAY (1) When the Council has approved of any Highway or part of a Highway being designated for one-way traffic, it shall be marked with Traffic Control Devices. Bylaw 2046-23 Page 15 24. SPEED LIMITS (1) The rate of speed for Motor Vehicles on County Roadways in the County of Newell is as follows: (a) Pavement-100km/h unless otherwise posted; (b) Rural gravel roads — 80Km/h unless otherwise posted; (c) Hamlets, Multi -lot Subdivisions, and service roads - 50Km/h unless otherwise posted; (d) Alleys in Hamlets — 20km/h; (e) On Pathways — 20km/h. (2) All School and Playground Zones are to be posted in accordance with Provincial Legislation. (3) Applicable speed limit Signs shall be posted at appropriate locations at the discretion of the Council or its duly authorized representatives. 25. NO UNAUTHORIZED USE OR DEVELOPMENT (1) Except in accordance with a licence granted by the County or other prior written authorization from the County: (a) no person shall place, undertake or construct or permit to be placed, undertaken or constructed any work, development, structure, fence, texas gate, installation, or other improvement of any kind, whether temporary or permanent, on a Highway, or portion thereof. (b) no person shall excavate or permit to be excavated a Highway, or portion thereof. (c) no person shall remove or permit to be removed any gravel, soil or other material from any Highway, or portion thereof. (d) no person shall operate or permit to be operated equipment on a Highway that may have the effect of breaking, cutting, damaging or otherwise injuring the Highway, or any portion thereof. (e) no person shall or permit anything that may interfere with the drainage of a Highway, or any portion thereof. (f) no person shall deposit or allow to be deposited any material or substance of any kind on a Highway, or any portion thereof. (2) No person shall allow soil to be eroded from their property and deposited onto a Highway, or any portion thereof. (3) The County shall have the right, in its sole discretion: Bylaw 2046-23 Page 16 (a) to remove and dispose of any soil, material, substance, work, development, structure, fence, texas gate, installation, or improvement of any kind deposited, placed, constructed, or undertaken on a Highway contrary to the provisions of this Bylaw: (b) to clean up and repair any damage to a Road caused or contributed to by any Person contrary to the provisions of this Bylaw; and (c) to take any steps it determines are necessary or desirable, in its sole discretion, to restore the Highway to the condition it was in immediately prior to contravention of the provisions of this Bylaw. (4) In addition to any other penalties or fines that may be imposed pursuant to this Bylaw and in addition to any other rights of the County, the County may, in its discretion, charge any costs incurred by it or its agents in connection with the removal, disposal, clean up, repair or any other steps necessary or desirable to remedy the condition of the Highway as defined in this bylaw, to the person who contravenes or who is responsible for the contravention of this Bylaw and such charges shall be a debt owing to the County. 26. DEVELOPMENT LICENSES (1) The Designated Officer is hereby authorized, in their discretion, to grant licenses for the temporary occupation or use of a Road, or a portion thereof, when that Road or portion thereof is not required for public use; (2) A person wishing to obtain a license for the temporary occupation or use of a Road, shall submit an application to the County describing: (a) the name of the applicant; (b) the Highway, or portion thereof, for which the license is being applied, including the legal description of the Road if applicable; (c) the proposed activities and use for which the license is being sought; (d) any proposed material, substance, work, development, structure, fence, texas gate, installation, or other improvement of any kind intended to be placed, construction or undertaken on the Highway and the proposed location of same; (e) any excavation, drainage proposed to be undertaken; (f) the date(s) and period(s) of time for which the license is being sought; and (g) the legal description of land owned by the person applying for the license in the County, if applicable. (3) Upon the receipt of an application for a license, the Designated Officer may approve or deny the license, and may impose any conditions considered necessary or desirable in the circumstances. Bylaw 2046-23 Page 17 27. GENERAL PROVISIONS (1) No Person shall: (a) allow the growth of trees or shrubs on private property that shall in any way obstruct the visibility of a Traffic Control Device; (b) allow trees, hedges or shrubs on private property within 5 (five) meters of a Highway Intersection, whether planted before or after the date of the passing of this Bylaw, to grow to such a height or width that good visibility for safe traffic flow is thereby interfered with; or (c) allow trees or hedges to grow in a manner so as to overhang a Sidewalk or Highway and interferes with Pedestrians or Vehicles. 28. OBSTRUCTION (1) No person shall willfully obstruct a Peace Officer in the execution of his duties in relation to this Bylaw. 29. PRIVATE SIGNS (1) No person shall erect, build or in any way construct a Sign or other directional device within a Highway. (2) No Signs, other than those of the County or those required by Alberta Transportation, will be allowed within a Highway. (3) Signs allowed on private property must be applied for through the Development Permit Process with Planning and Development adhering to conditions of the Land Use Bylaw. 30. USE OF PATHWAYS (1) No person shall operate a Vehicle or device, other than a Bicycle or Wheeled Conveyance on a Pathway. (2) No person shall exceed 20 kilometers per hour on a Pathway unless otherwise posted. (3) Despite subsection (2), a person must not travel at a speed that is unreasonable due to weather, traffic or Pathway conditions. (4) While using a Pathway, a person must ensure that they: (a) exercise care and attention to avoid any collision with another user of the Pathway; (b) use of an audible signal when overtaking another user; and (c) keep to the right-hand side of the Pathway, except when overtaking. (5) Section 30(1) does not apply to maintenance Vehicles, Emergency Vehicles, or any other Vehicle authorized by the County. Bylaw 2046-23 Page 18 31. SCHOOL BUS SIGNAGE (1) School Bus Stop Ahead signage will be erected by the County, upon approved application. 32. PENALTIES (1) 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". (2) Where a Peace Officer believes on reasonable and probable grounds that a person has contravened any provision of this Bylaw, a Peace Officer may serve upon such person a Violation Tag either personally or by delivering it to the person at their residence with a person on the premises who appears to be at least eighteen (18) years of age or by delivery to their residence by mail and such service shall be adequate for the purpose of this Bylaw. (3) If a Violation Tag issued pursuant to this Bylaw is presented within fourteen (14) days from the issue thereof, together with payment to the County of the specified penalty and/or fee, the person to whom the Violation Tag was issued will not be liable for prosecution for the contravention in respect of which the Violation Tag was issued. (4) Notwithstanding the provisions of this Bylaw, a person to whom a Violation Tag has been issued may exercise his right to defend any charge of committing a contravention of any provision of this Bylaw. 33. CORRECTIVE ACTION (1) If a Person, Owner, or Occupant is directed by a Peace Officer to take corrective actions when directed to by a Peace Officer and fails to carry out such direction within seven (7) days, the County may take the necessary actions to correct the contravention, and if the cost of such work is not paid on demand by the Owners or occupant of the property in question, the County may recover the expense of such work by charging the expenses of the work as taxes against the property. 34. SUMMARY CONVICTION (1) A person who contravenes a provision of this Bylaw by doing something they are prohibited from doing, or by failing to do something which they are required to do, or by doing something in a manner different from that in which they are required or permitted to do by this Bylaw, is guilty of an offence and upon summary conviction, liable to a fine of not more than ten thousand ($10,000) dollars. (2) Where there has been a breach of this Bylaw, a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act RSA 2000, c P-34 as amended. Bylaw 2046-23 Page 19 35. SEVERABILITY (1) 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. 36. EFFECTIVE DATE (1) This Bylaw comes into force and takes effect on the date of the final passing and Bylaws 1355-01, 1740-11, 1743-11, 1776-13, 1790-14, 1934-18, 1979-20, 2002-21, and 2012- 21 are hereby rescinded. July 20, 2023 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 2046-23 receive FIRST reading. MOTION CARRIED August 10, 2023 MOVED BY COUNCILLOR GREG SKRIVER that Bylaw 2046-23 receive SECOND reading. MOTION CARRIED August 10, 2023 MOVED BY COUNCILLOR ADENA SKANDERUP that Bylaw 2046-23receive THIRD and FINAL reading. MOTION CARRIED 6ievekx Arno oerksen Chief Administrative Officer— Matt Fenske Bylaw 2046-23 Page 20 Schedule "A" Penalties Section Offence Specified Penalty 3(1) Pedestrian obstructing lawful use of a Roadway $150 4(1) Riding a Bicycle on any Sidewalk 5(1) Improper parallel parking 5(4)(a) Park Vehicle on a Sidewalk 5(4)(b) Park Vehicle on a Crosswalk or on any part of a Crosswalk 5(4)(c) Park a Vehicle within an Intersection 5(4)(d) Park nearer than 5m to the projection of the corner property line 5(4)(e) Park within 5m of stop/yield Sign 5(4)(f) Park within 5m of fire hydrant 5(4)(g) Park within 1.5m from access to garage, private road, or driveway or a Vehicle crossway over a Sidewalk 5(4)(h) Park within 5m from the near side of a marked Crosswalk 5(4)(i) Park and obstruct traffic along/opposite of any Roadway excavation $60 5(4)(j) Park on a bridge 5(4)(k) Park when prohibited by Sign 5(4)(1) Park on the Roadway side of a Vehicle when Vehicle is parked at the curb or edge of the Roadway 5(4)(m) Park at emergency scene and obstructing traffic/Emergency Vehicles 5(4)(n) Park to the left of the yellow line on a divided Highway 5(5) Park in an alley when not actively loading/unloading 5(6) Unattached Trailer on a Highway 5(7) Park recreational Vehicle/Trailer attached to a Vehicle on Highway for longer than 72 hours 5(8) Leave Vehicle unattended on a Highway while supported b a ack or similar device 5(9) Park Vehicle on Roadway outside of Urban Area 7(1) Prohibit parking on County land 7(2) Park on private land without consent $250 8(1) Hold private event impeding traffic flow without a Permit $500 9(1)(a) Operate Off -Highway Vehicle without having a subsisting Drivers licence 9(1)(b) Operate unregistered Off -Highway Vehicle 90)(c) Operate uninsured Off -Highway Vehicle $250 9(1)(d) Operate Off -Highway Vehicle without licence plate properly attached Bylaw 2046-23 Page 21 9(1)(e) Fail to operate Off -Highway Vehicle on the ride -hand $250 side of the Roadway 90)(f) Fail to take most direct route from residence/operate Off - Hi hwa Vehicle in Hamlet/Multi-lot Subdivision 90)(g) Operate Off -Highway Vehicle during prohibited time period 9(1)(h) Operate Off -Highway Vehicle exceeding 50km/h outside of Hamlet or Multi -lot Subdivision $250 90)(i) Operate Off -Highway Vehicle in a Hamlet/Multi-lot Subdivision exceeding 30km/h 90M) Operate Off -Highway Vehicle when prohibited by Sign 9(1)(k) Operate Off -Highway Vehicle not complying with e ui ment requirements 9(1)(1)(iii) Operate Off -Highway Vehicle carelessly 9(5) Fail to stop for Peace Officer $500 9(5)(a) Fail to produce documents related to Off -Highway $150 Vehicle 10(1)(a) Park in Urban Area with dangerous goods where $400 prohibit 11(1) Operate Commercial Vehicle off truck route 11(3) Park overweight/over length Commercial Vehicle on $150 residential street 12(1) Operate Commercial Vehicle over allowable axles weights without Permit 12(2) Operate Commercial Vehicle over dimension without Permit 12(3) Fail to adhere to Terms and Conditions on Permit 13(1)(a) Operate Commercial Vehicle on bridge when axle $400 weights exceed maximum 13(1)(b) Operate Commercial Vehicle exceeding maximum allowed weight on road ban 14(1)(a) Operate on local roads exceeding 17,000kg on tri-axle group without Permit from the Province of Alberta 15(4) Fail to produce Permit $150 16(1) Cause adverse impacts on County Roadway $350 18(1) Fail to keep Sidewalk clear of snow/ice/debris/other :I obstruction 18(2) Have electrical cord over Sidewalk 19(1) Wash Vehicle and deposit mud/create slush and ice on any Sidewalk/Highway 19(2) Business allows or allows to remain water, mud, slush, $150 ice, or icy or frozen snow to remain on the highway 19(3) Owner of occupant allows or allows to remain water, mud, slush, ice, snow, dirt or other debris to be deposited onto the Highway Bylaw 2046-23 Page 22 19(4) Deposit any water, mud, slush, ice, snow, dirt or other debris onto any Highway and may be ordered to forthwith remove any water, mud, slush, ice, snow, dirt or other debris that has been deposited onto the Highway $150 20(1) Allowing sprinkling on any County Highway $400 21(1) Dispose of waste on a Highway 21(2) Dispose of waste from a Vehicle 21(3) Operator of Vehicle allow passenger to dispose waste $250 21(4) Dispose of waste in any matter other than in a waste rece tacle 25(1)(a) Unauthorized development 25(1)(b) Unauthorized excavation 25(1)(c) Remove any gravel or soil 25(1)(d) Operating equipment damaging Highway $500 25(1)(e) Interfere with drainage of a Highway 25(1)(f) Deposit substance or material on a Highway 25(2) Allow soil to be eroded and deposited onto Highway 27(1)(a) Trees or shrubs obstructing the visibility of Traffic Control Device 27(1)(b) Allow trees/hedges/shrubs within 5m of Intersection interfere with visibility $150 27(1)(c) Trees/hedges/shrubs overhang Sidewalk 28(1) Obstruct Peace Officer $500 29(1) Erect Sign within County road allowances $250 30(1) Use prohibited Vehicle on Pathway $500 30(2) Exceed 20km/h on Pathway 30(3) Travel at unreasonable speed for conditions $250 30(4)(a) Fail to exercise care and attention 30(4)(b) Fail to use audible signal when overtaking another user 30(4)(c) Fail to keep to the right-hand side of the Pathway $60