Traffic & Highways Bylaw

BYLAW 1400

INDEX:

24 Hours ................................................. 4(2l)

All Signs to Apply........................................ 57
Alter Sign ............................................... 49
Amend Order............................................... 48
Angle Parking ............................................ 4(l9), 46(23)
Animals .................................................. 3(l)
Appeal Order ............................................. 63
Application (Extraordinary Traffic) ....................... 24
Application (Safety) ..................................... 29
Application (Sup't. of Public Works Permission) ........ 3l
Application (Traffic Control Devices) .................... 45
Application (General Vehicle Regulations) ................ 53
As Built ................................................. 38

Bonding (holder of Building Permit) ...................... 33(2)
Bonding (work within City streets) ....................... 37
Bridge ................................................... 4(l3)
Bridges (Weight) ......................................... 58
Building Permits ......................................... 33(l)

Closing Street ........................................... 50
Combination of Vehicles .................................. 55
Commercial Vehicles (Parking) ............................ 6
Compensation (Extraordinary Traffic) ..................... 26
Condition of Sup't. of Public Works Permission ......... 34 - 44
Construction ............................................. 3(9)
Construction Zone (Signs) ................................ 46(6)
Corner Lots .............................................. 3(l3)
Crossover Permit
Crosswalk ................................................ 4(6) 46(22)
Cutting Timber ........................................... 32(l)
Cycle Parking ............................................ 4(26)
Cycles or Pedestrian Zones ............................... 4(27)

Damage (Extraordinary Traffic) ........................... 25
Damage to Boulevards ..................................... 32(2) 33
Debris ................................................... 3(3)
Disposal of Vehicle ...................................... l8(2)
Distance from Curb ....................................... 4(l8
Ditches................................................... 3(l7)
Do not Enter ............................................. 46(l0)
Do not Pass .............................................. 46(l3)
Double Parking ........................................... 4(l2)
Drag or Skid ............................................. 3(ll)
Driveway ................................................. 4(2)

Earth .................................................. 3(l2)
Effluent from Drains ................................... 32(5)
Election Signs ......................................... 22
Excavation (Open) ...................................... 3(4)
Excavations, Cutting Timber ............................ 32(l)
Exit ................................................... 4(8)
Extraordinary Traffic .................................. 23 - 27

Fees/Removal of Vehicle or Chattel ..................... l8(l)
Fire Zone .............................................. 4(33) l6(l) 46(30)

Garbage Facility ....................................... 3(l5)
Guideposts ............................................. 49

Handicapped Permits .................................... 7
Hazards (Snow, Ice or Rubbish on Sidewalk) ............. 2l
Highway Closure (Extraordinary Traffic) ................ 25
Highway Signs .......................................... 5l
Hydrant ................................................ 4(5)

Impoundment ............................................ l8(3)
Incorporation of Existing Regulations .................. 62
Insecure Load .......................................... 3(20)
Inspection ............................................. l4
Insurance .............................................. 42
Interpretation (General) ............................... 2
Interpretation (Extraordinary Traffic) ................. 23
Intersection ........................................... 4(4)

Jay Walking ............................................ 3(22)

Keep Right ............................................. 46(l4)

Lane ................................................... 3(8) 4(3) 4(23)
Leaflets ............................................... 3(l8)
Load ................................................... 54(7)
Loading Zone ........................................... 4(30) 6(2)
Loading Zones (Signs) .................................. 46(l5)
Location of Signs ...................................... 46
Logging Truck (Maximum Unloaded Speed) ................. 54(6)

M.V.A. Regulations ..................................... 52 54(9)
Market Value Less than $l00.00 ......................... 20
Materials .............................................. 43
Maximum Height ......................................... 46(l7)
Maximum Speed .......................................... 46(l8)
Maximum Speed/Solid Tires .............................. 54(4)
Maximum Speed/Unloaded Pole Trailer .................... 54(6)
Maximum Width of Vehicle ............................... 54(l)
Men Working (Signs) .................................... 46(5)
Merchandise (Left on Highway) .......................... 3(l0)
Motor Carrier Act ...................................... 54(9)
Motor Vehicle Act ...................................... 52 54(9)

No Parking ............................................. 4

24 Hours Maximum .................................... 4(2l)
Angle Parking ....................................... 4(l9)
Bridge .............................................. 4(l3)
Cycle Parking ....................................... 4(26)
Cycle or Pedestrians ................................ 4(27)
Distance from Curb .................................. 4(l8)
Double Parking ...................................... 4(l2)
Driveway ............................................ 4(2)
Exit ................................................ 4(8)
Fire Zone ........................................... 4(33)
Hydrant ............................................. 4(5)
In Designated Area Only ............................. 4(25)
In Violation of Traffic Control Device .............. 4(l5)
Intersection ........................................ 4(4)
Lane ................................................ 4(3) 4(23)
Loading Zone ........................................ 4(30)
Obstruct ............................................ 4(24)
Obstruct Visibility ................................. 4(l6)
Obstruction ......................................... 4(ll)
Overtime Parking .................................... 4(28)
Parking Lots ........................................ 4(29)
Railway ............................................. 4(9)
Reserved ............................................ 4(20)
Residential Areas Sales ............................. 4(l0)
School Ground ....................................... 4(3l)
Sidewalk ............................................ 4(l)
Snow Removal ........................................ 4(32)
Stop Sign ........................................... 4(7)
Taxi Zone ........................................... 4(34)
Trucks .............................................. 4(22)
Where Prohibited by Sign ............................ 4(l4)
Wrong Side/Facing Wrong Direction ................... 4(l7)

No Passing (Signs) ..................................... 46(29)
No Stopping (Signs) .................................... 46(l9)
Notices (Removal) ...................................... 3(l4)

l. TITLE

2. INTERPRETATION

"Chief of Police" means the Officer-in-Charge, Revelstoke Detachment Royal Canadian Mounted Police, and includes any member of the R.C.M.P. appointed or designated by the Chief of Police to act on his behalf

(a) who is qualified to maintain an action for trespass.

(b) in possession of Crown Land or land owned by a municipality under lease, licence, agreement for sale, accepted application to purchase, easement, or other record from the Crown or municipality, or who simply occupies the land.

"Municipal Plate" means a licence plate issued to commercial vehicles pursuant to Part II, Division (2) of the Municipal Act.

"Owner" in respect of any real property means the registered owner of an estate in fee simple, and in the event of there being registered a life estate includes the tenant for life. In the event that there is registered an agreement for sale and purchase, "Owner" means the registered holder of the last registered agreement for sale and purchase. In the case of real property held in the manner mentioned in Sections 409 and 4l0 of the Municipal Act, "Owner" means the holder of or occupier as therein set out; and for the purpose of this By-law shall include the registered owner of a motor vehicle.

"Park" when prohibited, means the standing of a vehicle, whether occupied or not.

"Peace Officer" means a Constable or person having the powers of a Constable and includes a By-law Enforcement Officer appointed under the Police Act.

"Pedestrian" means a person afoot, or an invalid or child in a wheelchair or carriage.

"Permit" means a document in writing issued pursuant to this By-law.

"Person" includes any corporation, partnerships, firm or association and, for the purpose of this By-law, includes the registered owner of a motor vehicle.

"Portable Crusher" means a machine designed to be moved from one location to another, and whose purpose is the crushing of automobile bodies.

"Residential Area" means any area zoned residential in the Zoning By-law currently in force in the City of Revelstoke and includes any highway abutting or adjacent to such zones.

"Roadway" means the portion of the highway that is improved, designed, or ordinarily used for vehicular traffic, but does not include the shoulder; and where a highway includes two or more separate roadways, the term "Roadway" refers to any one roadway separately and not to all of the roadways collectively.

"Semi-Trailer" means a vehicle without motive power designed to be drawn by a motor vehicle or truck tractor and which is so constructed that some part of its weight, and some part of the weight of its load rests upon and is carried by the towing vehicle or truck tractor, and includes a pole trailer, but does not include a vehicle having a gross vehicle weight of less than 700 kg (l550 lbs.) which is licensed pursuant to the Motor Vehicle Act.

"Sidewalk" means the area between the curb-lines or lateral lines of a roadway and the adjacent property lines improved for use of pedestrians or any other improved area set aside for pedestrian use only.

"Spitter Machine" means a coin operated device which stamps and disburses parking permits for use in an off-street parking facility.

"Superintendent of Public Works" means a person duly appointed as such from time to  time, and includes any person appointed or designated by the Superintendent to act on his behalf.

"Taxi Cab" means a motor vehicle having a seating capacity for not more than nine persons which, with its driver, is operated or plies for hire by members of the public.

"Traffic" includes pedestrians, ridden or herded animals, vehicles, cycles and other conveyances, either singly or together, while using a highway for purposes of travel.

"Traffic Control Device" means a sign, signal, line, spitter machine, marking, yellow curb, space, barrier, or any other device, placed or erected by authority of the Council or person duly authorized by the Council to exercise such authority.

"Traffic Patrol" means an adult school crossing guard or a school pupil acting as a member of a school patrol where such guards or pupils are provided under the Public Schools Act or authorized by the Chief of Police.

"Trailer" includes a vehicle without motive power designed to be drawn by or used in conjunction with a motor vehicle and constructed so that no appreciable part of its weight rests upon or is carried by the motor vehicle, but does not include a house trailer or a trailer having a gross vehicle weight of less than 700 kg (l550 lbs.) which is licensed under the Motor Vehicle Act.

"Truck Tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle so drawn and of the load of the other vehicle.

"Vehicle" means a device in, upon, or by which a person or thing is or may be transported or drawn upon a highway, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks.

"Width of Tire" means, with respect to rubber tires, the width of tire as customarily measured and rated by manufacturers of motor vehicles and tires and, with respect to metal tires or solid rubber tires, the transverse width of the outer circumference of the metal tire or solid rubber tire.

"Winter Tire" means a tire that is advertised or represented by its manufacturer or a person in the business of selling tires to be a tire intended principally for winter use and that provides or is designed to provide adequate traction in snow or mud and is in such condition respecting tread, wear and other particulars as the regulations under the Motor Vehicle Act may prescribe.

"Yellow Curb' means a traffic device that, in accordance with the regulations pursuant to the Motor Vehicle Act, prohibits the stopping, parking, leaving or standing of any motor vehicle, either attended or unattended, except where necessary to avoid conflict with other traffic or in compliance with the direction of a Peace Officer.

PART I - ENFORCEMENT

DIVISION (l) OFFENCES OTHER THAN PARKING

PROCESSION OR PARADE (5) Drive or operate a vehicle between the persons or vehicles comprising a funeral procession or parade unless the vehicle is part of the funeral procession or parade.

OBSTRUCT TRAFFIC (6) Stand or loiter in such a manner as to obstruct, impede or interfere with traffic on a roadway.

TRACKED VEHICLE ON HIGHWAY (7) Operate tracked vehicles on sidewalks, boulevards, roadways or lanes except for the purpose of snow removal or grading and except where specifically authorized by the Sup't. of Public Works under Part 8.

LANE/MAXIMUM SPEED (8) Unless otherwise indicated by a traffic control device, drive a vehicle upon a lane at a speed in excess of 20 km/h.

CONSTRUCTION ZONE/ MAXIMUM SPEED (9) Unless otherwise indicated by a traffic control device, drive a vehicle at a speed in excess of 25 km/h in a zone where signs are posted indicating that the road is being repaired, widened, or marked.

MERCHANDISE LEFT ON HIGHWAY (l0) Place or permit to be placed any fuel, lumber, merchandise, chattel or ware of any nature on a highway.

DRAG OR SKID (ll) Drag or skid any object along or over a highway in such a manner that the object damages the surface of the highway.

EARTH, MUD, ROCKS (l2) Being the owner or occupier of property abutting on a highway, allow or permit any earth, mud, rocks, stones, logs, stumps, branches, garden clippings or other things to be placed on or to cave, fall, crumble, flow, drift, slide or accumulate, or be tracked or carried by a vehicle or vehicles from the property onto a highway; or being there, to remain thereon.

CORNER LOTS (l3)

(a) Being the owner or occupier of property abutting on a highway at an intersection of another highway, construct a fence or grow a hedge or permit a fence, hedge or individual trees to remain so that the fence or hedge or individual trees are more than l.l m higher than the finished grade of the abutting highways for a distance of 9 m back along both abutting property lines of the lot, from the point of intersection of the two abutting property lines with the highway.

(b) Notwithstanding (a), if one of the abutting highways may be defined as a lane under this By-law, then the owner of the property abutting on the highway and the lane shall not permit a fence, hedge or individual trees to remain so that the fence or hedge or individual trees are more than l.l m higher than the finished grade of the abutting lane and highway for a distance of 6.0 m back along both abutting property lines of the lot, from the point of intersection of the two abutting property lines with the highway and the land and this restriction shall also apply to property abutting two lanes which intersect.

REMOVAL OF NOTICES (l4) Remove any notice or ticket affixed or placed on a vehicle by a City employee unless he is the owner of such vehicle.

GARBAGE ON HIGHWAY (l5) Being the owner or occupier of property abutting a highway, allow any garbage containers or other facilities related to garbage collection to be upon any portion of the highway, except as may be provided for in the "GARBAGE COLLECTION BY-LAW #ll77, l980" as replaced or amended.

DRIVE WITHIN PARKS (l6) Drive a motor vehicle, other than a government vehicle within the boundaries of any City park except upon a roadway.

DITCHES/WATER FLOW (l7) Construct or maintain a ditch, the water from which causes damage to any highway.

DISTRIBUTE LEAFLETS (l8) Distribute leaflets upon any highway by placing the same on the windshield of a motor vehicle parked upon the highway.

TRUCKS/MAXIMUM WEIGHT (l9) Unless otherwise posted with traffic control devices indicating a truck route, drive a truck with a gross vehicle weight in excess of l0,000 kg upon a roadway, except municipal or utility vehicles while engaged in work upon roadways, or trucks delivering goods and materials to properties on a street or streets directly serviced by the roadway.

INSECURE LOAD (20)

(a) Operate upon a roadway a vehicle carrying any materials or goods which are not secured in such a manner that the materials or goods are unable to fall from the vehicle while the vehicle is proceeding along the roadway.

(b) No one operating a vehicle shall permit any materials or goods which fall from the vehicle to remain upon a highway.

(c) For the purpose of this subsection, the Load Securement Regulations as set out in Division 35 of the Regulations pursuant to the Motor Vehicle Act shall apply.

NO PASSING SCHOOL (2l)

(a) Being the driver of a motor vehicle, overtake and pass another vehicle in a designated school or playground zone, as indicated by a traffic control device, or at a crosswalk.

(b) Being a driver of a motor vehicle, drive through a crosswalk when a person or traffic patrol indicates that vehicles are required to stop, in order to allow pedestrians to safely cross the highway.

JAY WALKING (22) Being a pedestrian, cross any highway at other than a crosswalk.

DIVISION (2) PARKING

LANE (3) In any lane, except as permitted pursuant to Section 6(3).

INTERSECTION (4) Within an intersection except as permitted by a traffic control device.

HYDRANT (5) Within 5 m of a fire hydrant measured from a point on the curb or edge of the roadway which is closest to the fire hydrant.

CROSSWALK (6) On a crosswalk or within 6 m of the approach side of a crosswalk.

STOP SIGN (7) Within 6 m upon the approach to a stop sign or traffic control device located at the side of a roadway.

EXIT (8) Within 6 m on either side of the entrance or to exit from a hotel, theatre, public meeting place, fire hall or playground.

RAILWAY (9) Within l5 m of the nearest rail of a railway crossing:

SALES (l0) Upon any highway for the principal purpose of:

(a) Displaying a vehicle for sale.

(b) Advertising, greasing, painting, wrecking, storing or repairing any vehicle, except where repairs are necessitated by an emergency.

(c) Displaying signs.

(d) Selling flowers, fruit, vegetables, seafoods, or other commodities or articles.

OBSTRUCTION (ll) Alongside or opposite a street excavation or obstruction when stopping, standing, or parking obstructs traffic.

DOUBLE PARKING (l2) On the roadway side of a vehicle stopped or parked parallel to the edge of curb of a roadway. BRIDGE (l3) Upon a bridge except as permitted by an applicable traffic control device.

WHERE PROHIBITED BY SIGN (l4) In any place in contravention of a traffic  control device that gives notice that stopping, or parking is prohibited or restricted in that place, and at that time.

IN VIOLATION OF TRAFFIC CONTROL DEVICE (l5) On a portion of a highway in which parking is regulated by a traffic control device in violation of the traffic control device.

OBSTRUCT VISIBILITY (l6) In such a manner as to obstruct the visibility of any standard traffic control device erected by or with the authority of the Sup't. of Public Works.

WRONG SIDE/FACING WRONG DIRECTION (l7) On other than the right side of a two-way highway with the right hand wheels of the vehicle parallel to that side; except where there is provision for angle parking, as signified by traffic control devices consisting of lines painted on the surface of the highway.

DISTANCE FROM CURB (l8) More than 30 cm from the curb of a roadway if a curb has been constructed.

ANGLE PARKING (l9) In a designated angle parking zone where the length of the vehicle and any trailer attached thereto exceeds 6 m.

RESERVED PARKING (20) In a space on any highway adjacent to any Federal, Provincial or Municipal public building which is designated as being reserved for the use of officials, unless the operator is such official.

24 HOURS MAXIMUM (2l) On any highway for a continuous period exceeding 24 hours, without first obtaining the written permission of the Sup't. of Public Works.

TRUCKS (22) Being a commercial vehicle having a licenced gross vehicle weight in excess of 8600 kg. (l9,000 lbs.) on any highway or on any legal parcel of land in a residential area between the hours of 9:00 p.m. and 6:00 a.m. of the following day.

LANE (23) Within 6 m of the entrance or exit of a lane.

OBSTRUCT (24) In a manner which obstructs the free passage of traffic on any roadway.

IN DESIGNATED AREA ONLY (25) Upon any portion of a highway where traffic control devices consisting of lines painted upon the surface of the highway designate parking, in any location other than the designated spaces or area.

CYCLE PARKING (26) Between a portion of a highway that has been improved by the City for the purpose of cycle parking and the highway itself.

CYCLES OR PEDESTRIANS (27) Upon a portion of a highway that has been improved for the travel of cycles and or pedestrians, and which is designated as such by traffic control devices.

OVERTIME PARKING (28)

(a) On any portion of a highway in contravention of the length of time allowed for parking on that portion of highway as indicated by an applicable traffic control device.

(b) Notwithstanding (a), no person shall cause a vehicle to remain on any portion of a highway for a period of time which exceeds two times the maximum posted time as indicated by an applicable traffic control device.

OFF-STREET PARKING FACILITY (29) In any public off-street parking facility operated by the City in contravention of the length of time allowed for parking as indicated by a traffic control device, where traffic control devices exist.

LOADING ZONE (30)

(a) In a loading zone as designated by a traffic control device unless the vehicle is actually in the process of being loaded or unloaded and is displaying valid municipal licence plates.

(b) Notwithstanding (a), in no case in a loading zone as designated by a traffic control device for a longer period than l5 minutes at any one time.

SCHOOL GROUND (3l) On a highway abutting a primary, elementary or junior secondary school ground or neighbourhood tot lot from dawn until dusk unless the school ground is separated from the highway by a fence.

SNOW REMOVAL (32) On any highway or public place in any manner that will obstruct snow removal.

FIRE ZONE (33) In a fire zone, as indicated by a traffic control device.

TAXI ZONE (34) In a zone reserved exclusively for taxi cabs, as indicated by a traffic control device.

YELLOW CURB (35) At a yellow curb.

5. OFF-STREET PARKING FACILITIES

(l) Off-Street Parking Facilities are hereby established in the City of Revelstoke as specified in Schedule "B" attached to and forming part of this By-law.

(2) For the purpose of regulating parking in an off-street parking facility, designated under Schedule "B", the Sup't. of Public Works may erect and operate, or cause to be erected and operated parking meters, and/or spitter machines, as well as any other traffic control devices which he may deem necessary in the off-street parking facility.

(3) Where the Sup't. of Public Works has erected parking meters and/or spitter machines, as well as any other traffic control devices which he may deem necessary in the off-street parking facility, no vehicle, except an emergency vehicle which is in actual use for official duties, shall be stopped or parked in an off-street parking facility as specified in Schedule "B" between the hours of 8:00 a.m. and 5:00 p.m. Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, unless:

(a) A valid parking permit, dispersed from a spitter machine located in the off-street parking facility is placed in plain view on the dashboard of the vehicle, in such a manner so that the time and date of issue is clearly visible from outside the vehicle; or

(b) A valid monthly parking permit obtained from the City of Revelstoke, for that particular off-street parking facility, and restricted to the area as outlined in Schedule "B" of this By-law, is displayed by hanging the permit from the rear view mirror with the facility code, expiry date and permit number facing the front of the vehicle.

(4) The fees:

(a) To be placed in a spitter machine or parking meter in exchange for parking privileges in an off-street parking facility designated in Schedule "B", and

(b) For monthly parking permits, in exchange for parking privileges in off-street parking facility designated in Schedule "B". shall be specified in Schedule "A" attached to and forming part of this By-law.

6. COMMERCIAL VEHICLES

(l) Unless a vehicle displays a valid and subsisting Municipal Licence Plate, no person shall operate, stop, stand or park a commercial vehicle:

(a) On any highway within the City.

(b) In a loading zone, designated pursuant to Section 46(l5) of this By-law.

(2) Notwithstanding Section 6(l)(b) above, no person shall stand, stop, or park a commercial vehicle displaying a valid and subsisting Commercial vehicle Licence Plate in a loading zone designated pursuant to Section 46(l5) for a longer period than l5 minutes at any one time.

(3) Notwithstanding Section 4(3), an attended commercial vehicle displaying a valid and subsisting "Commercial Vehicle Licence Plate" may park in a lane provided that the attended commercial vehicle is actually being loaded or unloaded, and providing that the vehicle is placed so as to leave at least 3 m of the adjacent roadway clear, as measured on a line perpendicular to the vehicle.

7. HANDICAPPED PERMITS

Notwithstanding the provisions of Sections 4(28), 4(29) and 5(3) the driver of a vehicle displaying an official Social Planning and Review Council of B.C. "Disabled Persons Parking Placard" shall not be subject to the penalties provided for the breach of those subsections.

8. TEMPORARY HIGHWAY FRONTING AUTHORIZATION

(l) The Sup't. of Public Works is hereby authorized to issue temporary permits for parking in excess of the length of time allowed for parking on a portion of highway which is subject to time parking restrictions when construction or other activities makes the use, or the enforcement of time parking restrictions in a given area, impractical.

(2) Authorization issued pursuant to (l) shall not be for frequent or repetitive use, and shall only remain valid for the period indicated on the permit.

(3) The fees to be paid for a permit issued pursuant to (l) shall be as set out in Schedule "C" attached to and forming part of this By-Law.

(4) Notwithstanding (3), where the applicants for Temporary Highway Fronting Permits are the City's authorized contractors or agents, and are making use of the permits while engaged on City business, then the permits shall be issued at no charge to the applicant. The Sup't. of Public Works may, however, restrict the number of permits to be issued.

9. TEMPORARY "NO PARKING"

The Sup't. of Public Works, the Fire Chief, the Chief of Police, or any Peace Officer may place or cause to be placed temporary "No Parking" signs or other applicable traffic control devices on a highway:

(l) Along the route of any parade.

(2) In the vicinity of a large gathering or during special circumstances.

(3) To facilitate the fighting of fires.

(4) To facilitate the clearing of snow, cleaning, repairing, excavating, decorating or other work upon a highway being carried out by the City or any other Utility.

(5) In the interest of public safety.

PART II - PENALTIES

Any vehicle, other than an emergency vehicle which is in actual use for official duties, which is stopped, standing or parked on a portion of a highway which is designated as a "fire zone" by a traffic control device or traffic control devices, placed or erected pursuant to the provisions of this By-law may be subject to tow-away and impoundment by the City, or its contractors at all times on each and every day of the year.

(2) No Stopping Zones

Any vehicle, other than an emergency vehicle which is in actual use for official duties, which is stopped, standing or parked on a highway in a "no stopping zone", as indicated by traffic control device(s) erected pursuant to the provisions of this By-law may be subject to tow-away and impoundment by the City or its contractors during the periods indicated on the applicable traffic control device.

l6. TOW-AWAY ZONES

(3) Off-Street Parking Facilities

Any vehicle other than an emergency vehicle which is in actual use for official duties or a vehicle which is displaying a valid permit issued pursuant to Section 7 of this By-law, which is stopped, standing or parked in an off-street parking facility in contravention of Section 5 of this By-law, may be subject to tow-away and impoundment by the City or its contractors.

l7. REMOVAL OF CHATTEL OR OBSTRUCTIONS

Any chattel or obstruction unlawfully occupying any portion of a highway or public place may be removed, detained or impounded by any person authorized to do so by the Sup't. of Public Works or a Peace Officer.

l8. REMOVED, DETAINED OR IMPOUNDED

(l) Any chattel, obstruction or vehicle removed, detained or impounded may be recovered by the owner upon presenting proof of ownership and upon payment in full of any fees, costs and expenses which may be levied pursuant to the provisions of this By-law to the City's towing contractor or authorized agent in the case of a vehicle.

(2) If a motor vehicle is removed, detained or impounded, and not claimed by the owner within 72 hours, then the vehicle shall be disposed of pursuant to Section 7 of the Highways (Scenic Improvement) Act.

(3) In addition to any other penalty or method of enforcement prescribed by this By-law, a Peace Officer may detain and impound any play vehicle, cycle or skateboard being used by any person in contravention of this By-law, for a period of 24 hours for the first infraction, 48 hours for the second infraction and 7 days for each succeeding infraction. The Peace Officer shall deliver the play vehicle, cycle or skateboard to the Royal Canadian Mounted Police Building, Revelstoke, B.C. and shall advise any such person of the day and hour after which the item may be redeemed.

l9. PUBLIC AUCTION

(l) Any chattel or obstruction not claimed by its owner within 30 days of its impounding or detention may be sold at public auction, and such auction shall be advertised at least once in a weekly newspaper circulating in the City.

(2) The proceeds of such auction sale shall be applied firstly to the cost of the sale, secondly to the fees, costs and expenses of the City or its contractors or authorized agents as set out above and thirdly the balance, if any, shall be held by the City for one (l) year from the date of sale for the owner. If unclaimed at the end of the year, such sum shall be paid into the General Revenue of the City.

(3) Should any chattel or obstruction not be purchased at public auction held pursuant to (l) then the chattel or obstruction shall be disposed of in the City dump, or a place approved by the Sup't. of Public Works and the expenses incurred in the removal or disposal of the chattel or obstruction, less the proceeds (if any) of disposal, are recoverable as a debt due the City from the owner.

20. MARKET VALUE LESS THAN $l00.00

(l) Notwithstanding the preceding provisions, where any garbage, rubbish or chattel with an apparent market value of less than One Hundred Dollars ($l00.00) is left on any highway, such article or articles may be removed and disposed of by the City of Revelstoke and the full costs of removal or disposal shall be charged to the owner of the garbage, rubbish, abandoned or unlicensed motor vehicle.

(2) Apparent market value shall be determined by the City Purchasing Agent.

2l. REMOVAL OF SNOW, ICE OR RUBBISH

Sidewalks and Footpaths

(l) Owners or occupiers of real property shall remove snow, ice or rubbish from the sidewalk and footpaths bordering on real property owned or occupied by them within 24 hours of the accumulation of such snow, ice or rubbish on such sidewalk.

(2) Owners or occupiers of real property shall immediately remove any snow, ice or rubbish from the roof or other part of any structure situated adjacent to or abutting on any portion of any highway if it constitutes a possible danger to persons using the highway by imposing a threat of falling upon the highway.

22. POSTING OF SIGNS

(l) Posters, playbills, dodgers, cards and placards may be exhibited on or adjacent to any highway, provided that:

(a) The person posting or exhibiting them has filed a written undertaking with the City Clerk stating that he will remove the items prior to a date not more than 30 days from the date of posting; and

(b) The person posting or exhibiting the items has filed with the City Clerk security in the amount of $200.00 in the form of cash or certified cheque, that he will remove all such items prior to the date specified under (a).

(2) Notwithstanding (l), no person shall post or exhibit any poster, playbill, dodger, card or placard of any kind upon or adjacent to any highway by means of paste, glue or similar adhesive; and no person shall post or exhibit any poster, playbill, dodger, card or placard of any kind by affixing such items to utility poles, traffic control devices or trees.

PART IV - EXTRAORDINARY TRAFFIC

PART V - NOISE

PART VII - USES REQUIRING SUP'T. OF PUBLIC WORKS PERMISSION

DEPOSIT (l) Where an applicant for a building permit to be issued under City of Revelstoke Building By-law No. l36l, l989 as replaced or amended, will, in the course of construction of the building for which the permit is issued:

(a) Be excavating a foundation or otherwise upon the property;

(b) Be bringing heavy equipment onto the site from the adjacent roadway;

(c) Be transporting materials from or to the site across a curb or ditch where no boulevard crossing has been constructed; the Sup't. of Public Works or the Building Inspector may require the applicant to deposit financial security to cover the cost of any damage to the highway or breaches of Section 32.

(2) The sum of money required in (l) shall be as specified in Schedule E, attached to and forming part of this By-law, and shall be deposited with the City in the form of cash, certified cheque, or as an Irrevocable Letter of Credit in the City's standard format from a chartered bank of Canada prior to the issuance of any building permit.

REFUND (3) (a) Where a deposit has been made in accordance with (l) and (2) upon completion of the building specified in the building permit, and providing that there has been satisfactory adherence to the provisions of this By-law through-out the period for which the building permit was issued, then the deposit shall be refunded in full to the holder of the building permit following final inspection and the issuance of an occupancy permit under City of Revelstoke Building By-Law No. l36l, l989 and any amendments thereto.

ADDITIONAL (b) Notwithstanding (a), where it is necessary for the City to carry out an additional inspection subsequent to final inspection by a Building Inspector pursuant to City of Revelstoke Building By-law No. l36l, l989 and any amendments thereto, in order to ensure that the provisions of this By-law have been complied with within the time limitations stipulated, than an inspection fee shall be deducted from the monies on deposit, and this inspection fee shall not be refunded.

(c) The inspection fee provided for in (b) shall be as set out in Schedule E attached to and forming part of this By-law.

DEFAULT (4) (a) Notwithstanding (3), where the holder of a building permit fails to abide by the provisions of this By-law, or fails to ensure that contractors working on the site specified in a building permit abide by the provisions of this By-law at any and all times during the construction of the structure authorized in the building permit, and where the holder of the building permit fails to clean up and repair the highway, or cause the highway to be cleaned up or repaired in a manner satisfactory to the Sup't. of Public Works within l4 days of being notified to do so by a Peace Officer or Building Inspector, then the City or its' authorized agents shall cary out such repairs or clean up as is deemed necessary by the Sup't. of Public Works and to call on the monies on deposit and to pay the costs therefrom.

(b) Should there be an insufficiency of monies on deposit with the City, then the holder of the building permit and the registered owner of the land at the time at which payment of these monies becomes due shall be jointly and severally liable for payment, and shall pay the balance forthwith, upon invoice, required by the City to carry out, or cause to be carried out, the necessary repairs, clean up, or highway reconstruction.

(c) The balance required under (b) shall be paid in addition to the inspection fee required under Sections 33(3)(b) and 33(3)(c) if applicable.

PART VIII - CONDITIONS OF SUP'T. OF PUBLIC WORKS PERMISSION

34. PERMIT FEE

(l) The Sup't. of Public Works may issue a permit to do any of those things otherwise prohibited in Section 32 of this By-law.

(2) A permit issued under (l) shall be issued subject to the payment of the application fee of Ten Dollars ($l0.00) or such other fee as may be specified in the Schedules and which are applicable, and subject to such other conditions as may be contained in this part.

35. PLANS

The applicant shall provide two complete copies of satisfactory plans and/or specifications of the work to be undertaken and when such are supplied and approved by the Sup't. of Public Works and the necessary permit issued, the work shall conform in every way to the plans and specifications so provided.

36. STANDARD CONDITIONS TO APPLY

Any and all work which is carried out under a permit issued pursuant to the provisions of this Part shall conform in every way to the regulations set out in the City of Revelstoke's Subdivision By-law Design Standards Manual as established by the Sup't. of Public Works.

37. DEPOSIT

(l) Prior to the issuance of any permit under this Part, the applicant shall deposit with the Sup't. of Public Works a sum of money sufficient to pay for the cost of repairing any damage likely to be done to the highway, and as sufficient security that the obligations imposed by the permit are fulfilled within the time specified by the permit.

(2) The deposit required in (l) shall equal ten percent (l0%) of the total value of the work to be carried out and shall be in the form of cash or a certified cheque.

(3) Notwithstanding (2), if the sum of money required pursuant to (2) is greater than Five Hundred Dollars ($500.00) the applicant may deposit with the Sup't. of Public Works an Irrevocable Letter of Credit from a chartered bank of Canada.

38. AS BUILT PLANS

Following completion of the work, the applicant shall provide satisfactory plans of the works installed by the applicant if works are installed by the applicant and such plans shall be drawn to a scale satisfactory to the Sup't. of Public Works and shall show the location, size and description of the works and the date of installation. The plan shall be supplied prior to the return or refund of any deposit or security posted as a condition of the permission.

39. REFUND LESS INSPECTION FEE

Where a deposit has been made in accordance with this Part and upon satisfactory completion of the work within the time specified, the deposit shall be refunded to the applicant less an inspection fee of Ten Dollars ($l0.00) where applicable.

40. DEFAULT

Failure by the permit holder to repair damage and/or fulfill such obligations as are set out in the permit within the specified time shall enable the City to carry out such repairs or fulfill such obligations that have not been met under the terms and conditions of the permit, and to deduct the cost thereof from the monies on deposit, or to call on the Irrevocable Letter of Credit and to pay the costs therefrom, and should there be an insufficiency of monies on deposit or through the Letter of Credit, then the applicant shall pay the balance forthwith, upon invoice, required by the City to carry out the works or fulfill the obligation.

4l. WARNINGS

Any person doing work on, in, over or under any highway shall provide and place appropriate barricades, lights and other safety devices as are required to protect the public.

42. INSURANCE

The applicant shall provide evidence satisfactory to the Sup't. of Public Works that he is insured against all claims for damages for personal injury and property damage which may arise out of the performance of the work covered by the permit and such insurance shall be in an amount of not less than One Million Dollars ($l,000,000.00) for each occurrence, and the applicant shall waive all rights of subrogation to the City.

43. MATERIALS

The applicant shall provide evidence satisfactory to the Sup't. of Public Works that all materials, labour and equipment which are needed to complete the work with reasonable dispatch are available.

44. UTILITY COMPANIES AND DISTRICTS

(l) The Sup't. of Public Works may issue a permit to a public utility company permitting such company, over the calendar year for which the permit is applicable, to carry out such work as may be necessary in the case of an emergency to repair any break or damage to the utilities under their control, and subject to the terms of any franchise or other agreement entered into between such utility and the City of Revelstoke.

(2) There shall be no charge levied for an annual permit issued under (l).

PART IX - TRAFFIC CONTROL DEVICES

45. APPLICATION

The provisions of this Part do not apply to arterial highways.

46. LOCATION

The Sup't. of Public Works is hereby authorized to order the placing or erection of any applicable traffic control devices at such places as he may designate in such order to give effect to the provisions of this By-law and the Motor Vehicle Act.

Such traffic control devices shall include all signs contained in the B.C. Motor Vehicle Act Regulations as consolidated in l980, and without limiting the generality of the foregoing shall also include:

SIDEWALKS, BRIDGES, LANES (l) Signs to regulate, control or prohibit pedestrian traffic, ridden or herded animals, vehicular traffic and cycle traffic on sidewalks, bridges, walkways or boulevards, or in lanes.

STOP SIGNS (2) Signs to regulate, control or prohibit the stopping of vehicles.

PARKING (3) Signs for the regulation, control or prohibition of standing or parking of vehicles.

PUBLIC BUILDINGS (4) Signs to set apart and allot portions of highways adjacent to government buildings for the exclusive use of officials and officers engaged therein for the parking of vehicles and the regulation of such parking.

MEN WORKING (5) Signs where construction, reconstruction, widening, repair, marking or other work is being carried out indicating that men or equipment are working upon the highway.

CONSTRUCTION ZONE/DETOURS (6) Signs where construction, reconstruction, widening, repair, painting or marking or other work is being carried out to regulate or prohibit traffic in the vicinity of such works.

PEDESTRIANS (7) Signs to regulate or prohibit pedestrian traffic on highways other than at crosswalks.

SKATES (8) Signs to regulate, control or prohibit persons using roller skates, skateboards, sleighs, skates, skis or other similar means of conveyance on a highway.

TURN PROHIBITION (9) Signs at intersections and in advance of intersections where it is required to prohibit certain movements.

DO NOT ENTER (l0) Signs at the end of one-way roadways to prevent traffic entering the restricted area.

ONE WAY (ll) Signs on highways upon which the traffic is required to travel in one direction only.

TWO WAY TRAFFIC (l2) Signs at the transition from one way to two way roadways to indicate that normal travel is restricted to the right hand side of the roadway.

DO NOT PASS (l3) Signs at the beginning of a zone through which restricted sight distance makes overtaking and passing hazardous.

KEEP RIGHT (l4) Signs within and at the end of median strips and traffic islands.

LOADING ZONES (l5) Signs at locations where due to adjacent commercial facilities it is desirable to reserve space for loading and unloading commercial vehicles.

TRUCK SIGNS (l6) Signs in locations where truck traffic is prohibited or restricted.

MAXIMUM WEIGHT (l7) Signs at locations where due to seasonal weakening of road surfaces, obsolescence of bridges or pavements, or roadway repairs, loads in excess of those prescribed on the signs constitute a hazard to traffic or may cause excessive damage to the roads.

MAXIMUM SPEED (l8) Signs at locations where due to limitations of sight distances, road surfaces, traffic flows and frequency of intersections, speeds in excess of those prescribed on the signs constitute a hazard to traffic or may cause excessive damage to the roads.

NO STOPPING (l9) Signs at locations where free flow of traffic is required, and where it is desirable, therefore, to permit no stopping on the roadway, except in the case of an emergency.

SCHOOL (20) Signs at locations where it is required to give advance information and warning, such as the presence of a school adjacent to a roadway, a school crossing, or a school maximum speed zone. For the purposes of this subsection, the term "school" refers to all schools in the City of Revelstoke which are not used for playground purposes. Schools used for playground purposes are as designated in Schedule G attached to and forming part of this By-law.

PLAYGROUND (2l) Signs at locations where it is required to give advance information and warning of a playground adjacent to a roadway, or its maximum speed zone. Schools which are designated as playgrounds are listed in Schedule G attached to and forming part of this By-law.

CROSSWALK (22) Signs or lines at locations where heavy pedestrian traffic crosses a roadway and at locations other than an intersection, such as at schools, playgrounds and public buildings where it is required to control pedestrian traffic.

ANGLE PARKING (23) Signs or lines in locations where it is permissible to angle park.

WARNING (24) Signs at locations where it is required to warn traffic of hazardous conditions, either on or adjacent to the roadway or to prohibit traffic from using the roadway.

TRAFFIC SIGNALS (25) Signs at intersections and other locations where the existing traffic control devices are not adequate to control the traffic efficiently.

TAXI ZONES (26) Signs at locations as outlined in Schedule J of this By-law, where due to frequent use by the public, it is desirable to reserve a place for taxi cabs to stop, stand or park to pick up fares.

TRUCK ROUTES (27) Signs on streets where the Sup't. of Public Works has designated truck routes for movement of truck traffic through the City.

PARKING (28) Signs at the entrance to a highway or upon highways where provision is made for parking of motor vehicles under the conditions of "No Parking unless valid and subsisting passes or tickets are displayed on the dashboard of the vehicle and which are in full view through the front windshield of the vehicle.

NO PASSING (29) Signs at locations approaching crosswalks, school and park zones indicating that passing is prohibited.

FIRE ZONE (30) Signs at locations where standing, stopping or parking of a vehicle would impede the passage or operation of firefighting equipment, indicating that the area is a "FIRE ZONE" and that standing, stopping or parking is prohibited in that area.

47. ORDERS

(l) The Sup't. of Public Works is hereby authorized to issue orders pursuant to Sections 46 and 49 of this By-law and these shall be approved by resolution of City Council.

(2) A single order may contain any number of orders related to the matters set out in Sections 46 or 49.

48. RESCIND, REVOKE, AMEND OR VARY ORDER

(l) The Sup't. of Public Works may rescind, revoke, amend or vary any order made by him, provided such order does not require the doing of any act contrary to or inconsistent with this By-law or the Motor Vehicle Act.

(2) To vary or amend an order, the Sup't. of Public Works shall issue a new order reflecting the variation or amendment, and revoking the original order, and the order shall be approved by resolution of City Council.

49. CONTROL

(l) The Sup't. of Public Works may order the alteration, repainting, tearing down or removal of any sign, advertisement or guide-post erected or maintained on or over any highway and in the exercise of this authority no compensation shall be paid to any person for loss or damage resulting from the alteration, repainting, tearing down or removal of any sign, advertisement or guide-post placed upon or over any highway.

(2) No person, other than a person authorized pursuant to this By-law or the Motor Vehicle Act shall place or erect a sign on real property which purports to regulate the adjacent highway.

(3) Where a traffic control device under Section 46 is reported down or missing outside of normal working hours, such signs shall be re-erected or replaced on the next regular working day of the operations division.

50. TEMPORARILY CLOSING STREET

(l) When, for any reason, any highway or portion thereof, is unsafe or unsuitable for traffic, or it is deemed advisable that traffic should be restricted thereon or diverted therefrom, the Sup't. of Public Works, Fire Chief, or any Peace Officer, may close the highway, or portion thereof, or restrict or divert the traffic thereon or therefrom, and for that purpose, may erect traffic control devices pursuant to Section 46(6) of this By-law.

(2) Where a highway or portion thereof is temporarily closed or the traffic thereon is restricted or diverted under (l), then no unauthorized person shall enter upon, or travel upon the highway or portion thereof, in contravention of the applicable traffic control devices.

5l. HIGHWAY SIGNS

Where traffic control devices have been authorized and placed or erected under the provisions of the Motor Vehicle Act by the Ministry of Transportation and Highways, the same shall be deemed to have been properly placed or erected pursuant to the provisions of this Part.

52. M.V.A. REGULATIONS

Traffic control devices erected pursuant to this Part shall, where applicable, comply with the sign regulations as set out in the Regulations of the Motor Vehicle Act.

PART X - VEHICLE REGULATIONS

MAXIMUM WIDTH (l) A passenger vehicle so loaded that any part of the load extends beyond the sides of the vehicle or more than l85 cm beyond the back of the vehicle.

PNEUMATIC TIRES (2) A vehicle, other than a horse-drawn vehicle, the wheels of which are not equipped with pneumatic tires in good order.

SOLID TIRES (3) A vehicle equipped with solid rubber tires, the thickness of which between the rim of the wheel and the surface of the highway is less than 32 mm.

SPEED/SOLID TIRES (4) A solid rubber tired vehicle at a greater rate of speed than 20 kmh.

SPIKES, CLEATS, OTHER ATTACHMENTS (5) A vehicle having wheels, or tracks constructed or equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs, or other attachments or projections which extend beyond the tread or traction surface of the wheel, tread or track and except that this prohibition does not apply to a vehicle equipped with tire chains of reasonable proportions when required for safety or winter studded tires when used between October lst and April 30th of each calendar year.

SPEED, UNLOADED POLE TRAILER (6) A vehicle and unloaded pole-trailer at a greater speed than 60 kmh unless the weight of the pole trailer is carried completely upon the towing vehicle.

LOAD (7) A vehicle unless it is so constructed and loaded as to prevent any of its load.

(a) From shifting or swaying in such a manner as to affect the operation of the vehicle; or

(b) From dropping, sifting, leaking or otherwise escaping therefrom, excepting that sand may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

(8) A vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner hazardous to other users of the highway. The regulations pertaining to such shall be as specified in Section 3(20 of this By-law.

(9) A vehicle, other than on an Arterial Highway, contrary to the provisions of the Motor Vehicle Act and the Motor Carrier Act, or the regulations pursuant thereto.

PART X - VEHICLE REGULATIONS

PART IX - GENERAL

(2) The Sup't. of Public Works is hereby authorized to rescind, repeal, vary or amend an order which is adopted pursuant to (l) providing always that the Sup't. of Public Works follows the procedure set out in Section 48.

63. APPEAL

(l) An appeal may be brought against any order of the Sup't. of Public Works under Section 47 or any order varied or amended under 48.

(2) The appeal in (l) shall be submitted in writing to the City Clerk and the Clerk shall forward the appeal directly to the Standing Committee having jurisdiction over transportation matters.

64. REPEAL

The following By-Laws are hereby repealed:

(l) Traffic Control By-Law #ll63, l979

(2) Traffic Regulations Amendment By-Law #l208, l98l

(3) Traffic Amendment By-Law #l248, l983

(4) Traffic Amendment By-Law #l332, l987.

READ A FIRST TIME THIS DAY OF , l992.

READ A SECOND TIME THIS DAY OF , l992.

APPROVED BY THE MINISTRY OF HIGHWAYS THIS DAY OF , l992

READ A THIRD TIME THIS DAY OF , l992

RECONSIDERED AND FINALLY ADOPTED THIS DAY OF , l992

_______________________________ ___________________________

CLERK MAYOR

I hereby certify that the foregoing is a true and correct copy of the City of Revelstoke Traffic and Highways Regulation By-Law #l400, l992.

______________________________

CLERK

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