Traffic Bylaw 1-2016

 

VILLAGE  OF NEVILLE

 

A BYLAW TO REGULATE THE OPERATION & PARKING OF

VEHICLES AND THE USE OF THE HIGHWAYS

 

 

The Council of the Village of Neville in the Province of Saskatchewan, enacts as follows:

  1. This bylaw may be referred to as the Traffic Bylaw.

 

  1. DEFINITIONS

For the purpose of this bylaw, the following terms and words shall have the following meanings:

  1. “angle parking” means the parking of vehicles with the right front wheel drawn up on the right-hand side of the highway, or at a distance of not more than thirty(30) centimeters from such curb, the vehicles to be placed at an angle of forty-five (45) degrees with the curb;

  2. “administrator” means the administrator of the municipality;

  3. “council” means the council of the Village of Neville;

  4. “curb” means the lateral boundaries of a roadway, whether or not marked by curbing;

  5. “heavy vehicle” means:

            -a vehicle with a gross weight registration exceeding nine thousand             (9,000) kilograms, or

      -a vehicle, including any combination of motor vehicle, trailer,         machinery, equipment and load, with a total weight exceeding nine             thousand (9,000) kilograms, or

      -dual axel truck/trailer

  1.  “highway” means a road, parkway, driveway, square, or place designated and intended for or used by the general public for the passage of vehicles, but does not include any area, whether privately or publicly owned, that is primarily intended to be used for the parking of vehicles and the necessary passageways on that area and does not include a provincial highway within the municipality as designated pursuant to the provisions of The Highways and Transportation Act, 1997;

  2. “justice” means a justice of the peace as per The Interpretation Act, 1995;

  3.  “municipality” means the Village of Neville;

  4. “parallel parking” means the parking of a vehicle with both right wheels thereof drawn up to the curb on the right-hand side of the highway of the highway, or a distance of not more than thirty (30) centimeters from such curb;

  5. “parking” has the meaning ascribed thereto by The Traffic Safety Act;

  6. “ place of public assembly”  means schools, theatres, churches, rinks, and halls;

  7. “power turn” means to maneuver a vehicle in such a manner to cause part  of the vehicle to depart from its ordinary line of progress by the sudden use of acceleration and/or braking;

  8.  “designated officer” means the Administrator, Council Member, Royal Canadian Mounted Police, Sheriff  or any other  person appointed to enforce municipal bylaws;

  9. “speed zone” means any portion of a highway within the Village of Neville, as designated herein, and identified by a sign erected and maintained at each end thereof, indicating the maximum speed applicable thereto;

  10. “vehicle” means a vehicle, trailer or semi-trailer or a motor vehicle as ascribed to by The Traffic Safety Act.

 

  1. SCOPE

  1. “Stop” Streets: highways listed in Appendix 1.

 

  1. INFRACTIONS

    1. “Stop” Streets: the provisions of The Traffic Safety Act shall apply to all traffic approaching and facing a “stop” sign erected and maintained in accordance with the provisions of subsection 5(a).

    2. Miscellaneous Signs:

      1. No person shall, except where authorized by resolution of Council, or when duly authorized by law, erect upon or immediately adjacent to any highway, any sign, marker, signal or light or any advertising sign or device.

      2. No person shall deface, damage, destroy or remove any sign or marker erected pursuant to this bylaw.

 

  1. Parking:

    1. Except as otherwise provided herein, the parking of vehicles is permitted on all highways within the municipality.

    2. (a)  Subject to the provisions of sub clause 4(c)(ii)(b), no person shall park a vehicle in any lane, or in any street so as to obstruct the entrance to any lane , walkway or to a driveway or approach leading to private premises;

(b)  Notwithstanding the provisions of sub clause 4(c)(ii)(a), a vehicle may be parked in any lane for the purpose of taking on or discharging cargo, provided no such vehicle shall be parked for a period exceeding thirty (30 minutes at one time, unless written permission has first been obtained from the administrator or a special constable of the municipality for an extension of such time.

  1. (a) Subject to sub clause 4(c)(iii)(b), every person parking a vehicle upon a highway within the municipality where parking is permitted,  shall parallel park the same.

(b) Every person parking a vehicle upon a highway listed in Appendix 2 shall angle park same.

  1. No person shall park a vehicle in any “No Parking” area as designated in Appendix 3 at any time whether such areas are marked on the curb or otherwise by signs erected and maintained in accordance with the provisions of subsection 5(b) to indicate that parking therein is prohibited.

  2. No person shall park a vehicle within five (5) metres of any street intersection.

  3. No person shall park a vehicle on any highway at one place for any period of time exceeding twenty-four (24) consecutive hours.

  4. No person shall park any vehicle in any private place or on any private property unless he is the owner, occupant, licensee or permittee of the parking place or private property, except with the consent of such owner, occupant, licensee or permittee.

  5. No person shall leave a vehicle unattended for more than three (3) hours on any street, avenue or any other village owned property if the vehicle has been placed on a jack or jacks and one wheel or any other parts of the vehicle have been removed.

  6. No person shall stand or park a vehicle on any street, avenue or any other village owned property for the purpose of greasing or repairs except emergency repairs.

  7. No person shall stand or park a vehicle on any street or avenue or any other village owned property unless it displays licenses plates for the current year or a valid permit in lieu thereof.

  8. Power Turns: The operator of a vehicle shall not execute “power  

                               turns” on any highway in the Municipality.  

 

  1. Speed:

    1. No person shall operate a vehicle in the municipality at a speed greater than 30 km. [i] (amended Apr 10/19 Bylaw 3-2019)

  2. Damage to Street:  No person shall use a vehicle on a street if the vehicle could cause damage to the surface of the street.

  3. Heavy Vehicle Routes: No person shall operate, or park, a heavy vehicle on any street except:

             i.   Railway Avenue

                                          ii.   while such heavy vehicle is making collection or delivery,                                                                provided that the driver or operator proceeds by the most direct                                                      route to or from the point of collection or delivery, as the case may                         be, to or from the nearest heavy vehicle route

                                          iii   While such heavy vehicle is engaged in work and in the service of                                                   the Village

                          

  1. SIGNS

  1. Council shall cause to be erected and maintained at all stop streets in Appendix 1, at a distance of approximately three (3) metres from point of intersection, an appropriate sign containing the word “Stop”, so placed to face the traffic approaching the intersection.

  2. Council shall cause to be erected and maintained at all “No Parking” areas as listed in Appendix 3, appropriate signs and/or curb markings.  Such signs or curb markings shall be visible from that part of the highway to which the restriction applies.

 

  1. PENALTIES

  1. Signs:

Any person who contravenes any of the provisions of clauses 4(b)(i) and 4(b)(ii) of this bylaw is guilty of an offence and liable on summary conviction to the penalties provided in the General Penalty Bylaw of the municipality.

  1. Power Turns:

Any person who contravenes any of the provisions of subsections and 4(d) of this bylaw shall be liable on summary conviction to a penalty of:

  1. subsection 4(d)                      $ 25.00

  1. Parking:

A person who contravenes any of the provisions of subsections (here list all the sections) of this bylaw or fails to comply therewith or with any of this bylaw or fails to comply therewith or with any notice or order given there-under shall be guilty of an offence and upon  summary conviction, shall be liable to penalties as follows:

  1. Clause 4(c)(ii)            $ 25.00

  2. Clause 4(c)(iii)                       $ 25.00

  3. Clause 4(c)(iv)                       $ 25.00

  4. Clause 4(c)(v)            $ 25.00

  5. Clause 4(c)(vi)                       $ 25.00

  6. Clause 4(c)(vii)                      $ 25.00

  7. Clause 4(c)(viii)                     $ 25.00

  8. Clause 4(c)(ix)                       $ 25.00

  9. Clause 4(c)(x)            $ 25.00

                                   

  1. Notice of Violation:

  1. A violator of any of the subsections of this bylaw, as set out in subsection 6(c) upon being served with a Notice of Violation, may during the regular office hours, voluntarily pay the penalty at the municipal office within 14 days and upon payment as so provided, that person shall not be liable to prosecution of the offence.

  2. The Notice of Violation shall be in Form “1", Appendix 4, attached to and forming part of this bylaw

 

  1. Speed, Failing to Stop etc.

The penalties for these and other traffic violations other than parking under The Traffic Safety Act, The Snowmobile Act and The School Bus Operating Regulations shall be liable to the penalties imposed by The Summary Offences Procedure Act and/or any other applicable legislation.

 

  1. IMPOUNDING

  1. In addition to and notwithstanding any provisions contained within Section 6 hereof, any person appointed as a designated officer pursuant to this bylaw:

    1. may remove or cause to be removed any vehicle that:

      1. is unlawfully placed, left or kept on any street, public parking place, or other public place;

      2. is unlawfully parked pursuant to clause 4(c)(vii) when requested by the owner, occupant, licensee or permit holder of said land; or

      3. is found on a street, public parking place, other public place or municipally-owned property when:

        1. the owner of the vehicle owes three or more outstanding fines to the municipality for parking offences;

        2. the appeal period against the imposition and amount of said fines has expired;

        3. at least two notices that the fines are outstanding were sent to the owner at least one week apart; and

        4. a justice, having been satisfied by evidence provided by way of oath, affidavit or statutory declaration of the existence of the facts mentioned above in clauses 7(a)(i)(3)(a) to (c), has issued an order authorizing the removal and impoundment

    2. and seize, impound or store such vehicle.

  2. The municipality may retain a vehicle which has been impounded or stored after it has been removed under subsection 7(a) until the amount of outstanding fines, if any, and the costs incurred in removing and impounding or storing the vehicle have been paid, and upon payment of said outstanding fines and costs the vehicle shall be released to the owner.

  3. If the fines and costs described in subsection 7(b) have not been paid within a period of 30 days, the municipality shall have the right to recover same from the owner of the vehicle by :

    1. legal action in a court of competent jurisdiction;

    2. sale through public auction; or

    3. by private sale of the vehicle.

  4. Prior to the sale of a vehicle which has been impounded or stored under this section, the municipality shall provide notice designating the time and place of the sale at least 14 days prior to the sale by:

    1. publishing a notice in a newspaper circulating in the municipality;

    2. sending a copy of said notice by regular mail to the owner at the address last appearing on the vehicle registration; and

    3. by any other means which council may consider appropriate.

  5. The proceeds from such sale shall be applied firstly on the fines and costs described in subsection 7(b) and the balance remaining, if any, shall be paid to the owner.

  6. If the proceeds from such sale are insufficient to satisfy the fines and costs described in subsection 7(b), the amount of the shortfall shall be a debt due and owing from the owner and enforceable by the municipality in any manner allowed by law.

 

 

  1. COMING INTO FORCE

This bylaw shall come into force and effect on the day it is approved by Neville Village Council.

 

 Bylaws 2-2009 and 1-2008 are hereby repealed.      

 

 

                       

 

 

                                                                                                                                                                                                                                    ____________________________

                                                                                    Mayor

 

 

                                                                        ____________________________

                                                                                    Administrator

                                                                                    (Section 8 The Municipalities Act)

 

__________________________

Certified a True Copy

 

 

APPENDIX 1

of Bylaw No. 1-2016

 

 

"STOP" STREETS [section 5(a)]

 

 

Street or Avenue                   Where intersected by street or avenue

Mowbray Street                    Railway Avenue and Mowbray Street

 

 

          

 

 

 

 

 

 

 

 

 

 

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APPENDIX 2

of Bylaw No. 1-2016

 

 

                        "ANGLE PARKING AREAS" [section 4 (c)(iii) (b)]

 

 

Street or Avenue                               From                           To

Warwick Street                                   Railway Avenue         Prairie Avenue

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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APPENDIX 3

 of Bylaw No. 1-2016

 

 

"NO PARKING" AREAS - [section (5)(b)]

 

 

Street or Avenue                               From                                       To

Warwick Street                                 33 Warwick Street                33 Warwick Street

                                                            (Fire Hall)                               (Fire Hall)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form 1

 

APPENDIX 4

of Bylaw No. 1-2016

 

                        NOTICE OF VIOLATION [section 6(d)(ii)]

 

 

VILLAGE of NEVILLE

 

 

NAME:________________________________________________________

                                                                                

ADDRESS:_____________________________________________________

                                                       

POSTAL CODE: ________________________________________________      

 

On the       day of          , 20   , at/near              , Saskatchewan at         a.m/p.m

 

Did unlawfully commit the following offence:

("X" indicates offence charged)

 

•                       Parking                                    Bylaw No. ___________    

•                       Dog                                         Bylaw No.___________    

•                       Other                                       Bylaw No. ___________   

 

DESCRIPTION OF OFFENCE:                                                                                                              

 

LOCATION OF OFFENCE:                                                                                                                  

 

 

You are charged with violation of Bylaw No.    

                                                                                        Section(s)   

 

Penalty for the above violation:

 

--- may be paid voluntarily

--- may not be paid voluntarily

 

 

                                                                        ____________________________________                                                                                            Designated Officer

 

 

 

 

 

 

 

 

 

NOTICE RESPECTING VOLUNTARY PAYMENT WITHOUT COURT APPEARANCE

 

Where the penalty for the above violation is $     or less, you may make voluntary payment of the above penalty at the municipal office of the  VILLAGE of NEVILLE  during regular office hours or by mail within        days from the date of service of this Notice of Violation.

 

If you do not make a voluntary payment within the time set out above, you shall be liable to prosecution and, upon summary conviction, you shall be liable to the penalty provided under section _____  of the said bylaw.