TABLE OF CONTENTS

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TOWN OF VIEW ROYAL

BYLAW NO. 980

A BYLAW TO REGULATE THE USE OF STREETS AND PUBLIC LAND IN THE TOWN OF VIEW ROYAL

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

SECTION 1: GENERAL

Citation and Previous Bylaw Repeal

1.1 This Bylaw may be cited as “Streets Bylaw No. 980, 2018”.

1.2 “Streets and Traffic Regulation Bylaw No. 609, 2005” and its amendments are hereby repealed.

Administration

1.3 Provisions directing or empowering any officer of the Town to do any act or thing, or otherwise referencing the officer by the officer’s official title, also direct or empower that officer’s successors in office, the officer’s lawful deputy or designate and such person as the Council may by bylaw or resolution designate to act in the officer’s place.

1.4 The requirements of the Bylaw are supplementary to the requirements of any other Town bylaw.

Exemptions

1.5 This Bylaw does not apply to:

• 1.5.1 persons employed by the Town, vehicles or other equipment owned or operated by employees, agents or contractors of the Town while lawfully engaged in Street or public utility construction, maintenance, or repair work on, over, or under the surface of a Street;
• 1.5.2 the driver of any emergency vehicle while it is responding to an emergency call and sounding an audible signal, siren, or bell, and showing at least a flashing red light, or at the scene of an emergency and showing at least a flashing red light;
• 1.5.3 the stopping or Parking of vehicles:
  • 1.5.3.1 owned, leased or under contract with the Government of Canada, Province of British Columbia, the Town or persons employed by the Town;
  • 1.5.3.2 by a public utility corporation;
  • 1.5.3.3 as a tow vehicle; while such vehicles are in use for official purposes.

Enforcement

1.6 Every person who contravenes any provision of this Bylaw, or allows a provision of this Bylaw to be contravened, commits an offence.

1.7 Every person who is guilty of an offence under this Bylaw is liable upon summary conviction to a fine of not more than $10,000.

1.8 A separate offence is deemed to be committed upon each day during and in which a contravention occurs or continues.

1.9 This Bylaw may be enforced by issuing of a ticket for contravention in accordance with the Municipal Ticket Information Bylaw No. 643, 2007.

1.10 The penalties imposed under this section are in addition to and not in substitution for any other penalty or remedy that may be imposed pursuant to this Bylaw, other Town bylaws or otherwise by law.

Severability

1.11 If any court of competent jurisdiction declares any phrase, sentence or section of this Bylaw invalid, the invalid portion must be severed and the severance does not affect the validity of the remainder.

SECTION 2: DEFINITIONS

2.1 Words and terms in this Bylaw have the same definitions as in the Motor Vehicle Act unless the word or term is specifically defined in section 2.2 of this Bylaw.

2.2 In this Bylaw, unless the context otherwise requires:

ACCESSIBLE PARKING ZONE means a Parking zone on a Street identified by a disabled Parking sign or marking;

ALIEN INVASIVE SPECIES means plants set out in Schedule 1 to the Spheres of Concurrent Jurisdiction – Environment and Wildlife Regulation, BC Reg. 144/2004;

ANGLE PARKING means the Parking of a vehicle other than parallel to a Curb or the lateral lines of a Roadway;

BOULEVARD means that portion of a Street between the Curb lines or the lateral boundary lines of a Roadway and the adjacent property line or between Curbs on median strips or islands, but does not include Curbs, Ditches, Driveway Crossings, Shoulders, or Sidewalks;

BUS STOP ZONE means the area designated for public transit buses or school buses on a Street for the purpose of loading or unloading passengers. For public transit buses, this area is indicated by a public transit sign and red painted Curbs where applicable;

BYLAW ENFORCEMENT OFFICER means the person appointed, from time to time, as the Town’s Bylaw Enforcement Officer;

COUNCIL means the elected Council of the Town of View Royal;

CURB means an improved transition between the Roadway and a Boulevard or Sidewalk;

CYCLE means a device having any number of wheels that is propelled by human power on which a person may ride and includes a Motor Assisted Cycle, but does not include any device that is gas powered, a skateboard, roller skates or inline roller skates;

CYCLE LANE means portion of the Roadway designated for Cycles and identified by a sign or marking;

DIRECTOR means the Town’s Director of Engineering;

DITCH a natural narrow channel or a channel dug into earth used for the conveyance of drainage;

DITCH IN-FILL means the filling in of a Ditch, including the installation of a culvert as required;

DRIVEWAY means that portion of a property that provides access to Parking or loading spaces within the property and is considered to be the extension of the property’s Street access;

DRIVEWAY CROSSING means the improved portion of the Boulevard or Sidewalk specifically designated and improved to provide vehicular access to a property, and includes the widest extent of the Driveway flare;

FIRE CHIEF means the Town’s Fire Chief;

GARDEN WASTE means any clippings, prunings, leaves or other parts of plants, shrubs or trees;

HIGHWAY means the same as Street;

LANDSCAPED BOULEVARD means a regularly maintained Boulevard with or without a Curb and with or without an irrigation system that has been improved by the placement of top soil or other soil amendment, the planting of trees, the planting of shrubs, the placing of sod, or the seeding of grass or other perennial vegetation, and does not include a Boulevard on which only natural vegetation is growing, whether or not that natural vegetation is being or has been trimmed or otherwise managed by the Town or adjacent owner;

NOXIOUS WEED means any plant designated as a weed in the Weed Control Act, and regulations adopted under that Act;

OVERSIZED VEHICLE means a motor vehicle which is in excess of seven (7.0) metres in length including any attached trailer or appurtenances;

OWNER means, with respect to a vehicle, the same as defined in the Motor Vehicle Act; and means, with respect to real property, the same as defined in the Community Charter;

PARCEL has the same meaning as defined in the Community Charter;

PARK means the standing of a vehicle, whether occupied or not, upon a Street except when the vehicle is:

1. engaged in loading or unloading; and
2. is standing for no more than two (2) minutes;

PEDESTRIAN means a person on foot or in a wheelchair, a carriage or a wheeled device powered by an electric motor intended for transporting disabled persons;

PERMIT means a permit issued under this Bylaw, including:

1. a Boulevard Improvement or Modifications Permit under section 9.4;
2. a Ditch In-Fill Permit under section 9.13;
3. a Driveway Crossing Permit under section 10.3;
4. a Street Occupancy Permit under section 11.1;
5. a Street Use Permit under section 11.4;
6. a Street Construction Permit under section 11.5; and
7. an Oversize Vehicle Permit under section 11.7.

PERSON means any individual, corporation, partnership, firm, association or party;

PRIVATE ROAD means every way or place which is privately owned and used for vehicular travel by the Owner or Owners thereof and those having the permission of the Owners, express or implied, but does not include a driveway between a single residence and a Street;

PUBLIC LAND means all Streets, parks, unopened road allowances, or any other real property owned, held, or vested in the Town;

REFUSE means all manner of rubbish, trash, garbage, litter, debris, rubble, demolition waste, discarded or disused objects or been trimmed or otherwise managed by the Town or adjacent owner;