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Bylaw No. 1536-2006

Street and Traffic Bylaw, 2006

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 1715-2007, 1746-2007, 1818-2008, 1964-2010, 2047-2011, 2365-2014, 2376-2014, 2443-2015, 2580-2016, 2619-2016, 2661-2016 and 2810-2018 . Last amended May 7, 2018

Contents
Part I — Interpretation
Part II — Highway Use Regulations
 2.1 Restrictions on use - Permit required
 3.1 General conditions of permit
 4.1 General construction conditions of Permit
 5.1 Conditions for excavations
 6.1 Special construction conditions of Permit
 7.1 Permit conditions for pipelines
 8.1 Permit conditions relating to Works by City
 9.1 General provisions relating to Works
Part III — Highway Traffic Control Regulations
 10.1 Inspections for defects
 11.1 General traffic regulations
 12.1 Speed limits on local urban roads
 13.1 Non-motorized Vehicle regulations
 14.1 Construction Vehicle, insecure load and debris regulations
 15.1 Pedestrian regulations
 16.1 Other regulations
 17.1 Roadside barriers
 18.1 Roadside Ditches
 19.1 Traffic Control Devices
 20.1 Exemptions to Parking and stopping regulations
 21.1 General Parking and stopping regulations
 22.1 Loading, passenger, taxi and bus zone regulations
 23.1 Commercial uses
 24.1 Commercial Vehicle Parking
 25.1 Recreation Vehicle and Trailer regulations
 26.1 Notice, tickets or tire markings
 27.1 Obstructions
 28.1 Winter conditions
 29.1 Vehicle Regulations (General)
 30.1 Vehicle size and weight regulations
 31.1 Oversize and Overload or Extraordinary Vehicle Permits
 32.1 Truck Routes
 33.1 Restrictions on Truck Routes
 34.1 Permits
 35.1 Departure from a Truck Route
 36.1 Enforcement
Part IV — Offence and Penalty
Part V — Repeal
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"

The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

Part I — Interpretation

1.1   Bylaw No. 1536-2006 may be cited as "Street and Traffic Bylaw, 2006".

1.2   Words or phrases defined in the British Columbia Motor Vehicle Act, the Commercial Transport Act or the Community Charter or their respective Regulations or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw or the context otherwise requires.

1.3   Schedule "A" contains definitions of terms used in this Bylaw and those terms are capitalized when used in this Bylaw.

1.4   In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender.

1.5   The headings contained in this Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw.

1.6   If any portion of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder.

1.7   This Bylaw does not apply to the regulation, control or prohibition of traffic on an Arterial Highway.

Part II — Highway Use Regulations

Restrictions on use - Permit required

2.1   No person shall:

(a) dig up, break up or remove any part of a Highway, or cut down or remove trees or timber growing on a Highway, or excavate in or under a Highway;

(b) cause damage to, cut down or remove trees, grass, shrubs, plants, bushes and hedges, fences, signs, or other things erected by the City on a Highway;

(c) change the level of a Highway whatsoever or stop the flow of water through any drain, sewer or culvert on or through a Highway;

(d) place, construct or maintain a loading platform, skids, rails, mechanical devices, buildings, signs, or any other structure or thing, on a Highway;

(e) construct or maintain a ditch, sewer or drain, the effluent from which causes or may cause damage, nuisance or injury to any portion of a Highway;

(f) erect or maintain any sign, advertisement or guidepost on or over any Highway;

(g) construct a Boulevard crossing, including a curb, ditch or sidewalk crossing;

(h) obstruct or in any way create an obstruction to the flow of Motor Vehicle, cycle or pedestrian traffic on a Highway;

(i) use any portion of an unopened Highway; or

(j) place or permit to be placed any fuel, lumber, earth, topsoil, sand, gravel, rocks, merchandise, chattel or ware of any nature, or any object on a Highway;

or carry out any other temporary or permanent Highway Use, unless that person first:

(i) makes application for, and obtains from the City, a Permit under this Bylaw for the proposed Highway Use; and

(ii) where the person is a "Canadian carrier" as defined in subsection 2(1) of the Telecommunications Act (Canada) or a "distribution undertaking" as defined in subsection 2(1) of the Broadcasting Act (Canada), enters into an agreement with the City, in a form satisfactory to the City, governing use of the Highway (the "Municipal Access Agreement").

2.2   Where a Utility Company applies for a Permit, and:

(a) the proposed Highway Use set out in the application conforms with this Bylaw and all other applicable bylaws of the City;

(b) the applicant provides a Security Deposit or otherwise satisfies the Engineer that any Highway restoration costs will be borne by the applicant; and

(c) the applicant either enters into an agreement regarding the Works or a Municipal Access Agreement, as may be applicable;

the Engineer may issue the Permit for which the application is made.

2.3   Where a person other than a Utility Company applies for a Permit, and:

(a) the applicable fee prescribed in Schedule "B" is paid;

(b) the proposed Highway Use set out in the application conforms with this Bylaw and all other applicable bylaws of the City;

(c) if required by the Engineer, the applicant provides a Security Deposit, in the form of a cash deposit, in an amount sufficient in the Engineer's opinion to pay the cost of repairing possible damage to the Highway and as security that the obligations imposed by the Permit will be fulfilled within the time specified by the Permit;

(d) the applicant provides, in triplicate, satisfactory plans and specifications of the Works or other Highway Use to be undertaken and, if required by the Engineer, deposits with the City a sum of money, sufficient to pay for the cost of preparing an "as-constructed" plan showing the Works installed by the applicant, and such plan shall be drawn to a scale satisfactory to the Engineer showing the location, size and description of the Works, and the date of installation; and

(e) the applicant provides evidence satisfactory to the Engineer that the applicant is insured against all claims for damages for personal injury and property damage which may arise out of, or result from the applicant carrying out the Works or other Highway Use covered by the permit, and such insurance coverage shall be in an amount of no less than Five Million Dollars ($5,000,000.00) for each occurrence, the City shall be added to the policy of insurance as a co-insured and the policy shall contain a cross liability clause and provide for 30 days notice to the City of any termination or material alteration of the policy;

the Engineer may issue the Permit for which the application is made.

General conditions of permit

3.1   Every Permit is issued subject to the following terms and conditions:

(a) a Permit is valid only for the Highway Use permitted under this Bylaw and any alteration, replacement, addition or third party agreement respecting such Highway Use shall be covered by a separate Permit;

(b) a Permit may be cancelled at the discretion of the City, without recourse, should the Permit holder fail to comply with all terms and conditions of the Permit and this Bylaw;

(c) permission granted to use and maintain Works or carry out any other Highway Use is granted only for such time as the land or public works in, upon or over which the Works are constructed or the Highway Use is carried on, remain under the jurisdiction of the City. Permission for any Highway Use under a Permit is not to be construed as being granted for all time, and shall not be deemed to vest in the Permit holder any right, title, or interest in, or to the lands or public works in, upon or over which the Works are constructed or the Highway Use is carried on;

(d) despite section (c) , where utilities or other Works are constructed on lands which are under the jurisdiction of the City and the City intends to relinquish its jurisdiction of such lands, (for example, as the result of the transfer of such lands to another person), the City will take reasonable steps to enable the owner of such Works to either relocate the Works, or obtain such easements or rights-of-way as may be necessary to allow the owner to continue to operate and maintain such Works;

(e) if a Permit holder fails to repair damage, submit as-constructed drawings, or fulfill such obligations and conditions as are set out in the Permit within the specified time, the City may carry out the repair or fulfill the obligations or conditions that are not met under the terms and conditions of the Permit and may deduct the cost of doing so from the Security Deposit. Should there be an insufficiency in the amount of the Security Deposit, the Permit holder shall pay the balance of such costs upon invoice of the City. Should there be a surplus of Security Deposit funds over and above that required by the City to repair damage or fulfill the Permit holder's obligations and conditions under the Permit, such balance shall be paid to the Permit holder less an administration charge of One Hundred and Fifty Dollars ($150.00).

General construction conditions of Permit

4.1   Every Permit holder shall comply with, and every Permit is issued subject to, the following terms and conditions:

(a) Works - all Works shall be carried out in accordance with the approved plans, any applicable Municipal Access Agreement or other agreement respecting such Works and the Engineering Standards to the satisfaction of the Engineer. Where the Engineering Standards reference the Master Municipal Construction Documents, the Engineer may direct the carrying out of the Works in the same manner as the Contract Administrator, as defined in that document, and the cost of such direction shall be borne by the Permit holder;

(b) Notice - before opening up any Highway or interfering with any public works, written notice of such intention shall be given to the Engineer at least seven calendar days before the work is begun;

(c) Inspection - any person appointed by the Engineer for inspection purposes must be given free and unrestricted access to all parts of the Works;

(d) Permit Required - Works must be identified with a Permit number in a manner satisfactory to the Engineer and no work may commence until a Permit is issued;

(e) Traffic - the Permit holder shall take appropriate measures to assure that, at all times during the performance of the work, traffic conditions are maintained as near normal as practicable so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The Engineer may allow the temporary closing of streets or alleys to all traffic for a prescribed period of time if, in the Engineer's opinion, such closure is necessary. Written permission from the Engineer must first be obtained for all street and lane closures, and the Permit holder may be required to give notification to various public agencies and to the general public;

(f) Safety - at all times, the Permit holder shall safeguard the traveling public and provide and place sufficient and appropriate barricades, lights and other safety devices as are required to protect the public;

(g) Precautions - when necessary, all excavations, materials or other obstructions shall be efficiently fenced, lit, and watched, and at all times every reasonable precaution must be taken to ensure the safety of the public;

(h) Liability - the Permit holder shall accept full responsibility for any accident which may occur, or damage or injury, including death, that may be caused to any person or property directly or indirectly by or as a result of carrying out the Works or other Highway Use, and the Permit holder shall save harmless and keep indemnified the City from all such claims and demands in respect of the Works or other Highway Use, except to the extent that such claims and demands are the result of the willful act or neglect of the City, its employees, agents or contractors;

(i) Work Hours - work authorized by a Permit may only be performed between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday, except Statutory Holidays unless, in the case of an emergency, the Permit holder obtains written consent from the Engineer to do the work at any other hour;

(j) Relocation of Utilities - the Permit holder shall not interfere with any existing utility without the written consent of the Engineer and the owner of the utility. If it becomes necessary to relocate an existing utility, relocation shall be carried out by its owner. The cost of moving such privately owned utility shall be borne by the Permit holder unless otherwise agreed to by the owner of the utility. No utility owned by the City may be moved to accommodate the Permit holder unless the Permit holder first obtains the consent of the City and pays the cost of such work;

(k) Protection of Utilities - The Permit holder shall support and protect all pipes, conduits, poles, wires or other apparatus which may, in any way, be affected by excavation work, and shall do everything necessary to support, sustain and protect them under, over and along or across such excavation work;

(l) Damage to Utilities - The Permit holder shall determine the existence and location of all underground utilities and take all necessary steps to protect them against damage. If any existing pipes, conduits, poles, wires or apparatus should be damaged, including but not limited to any pipe coating or other encasement or device, they shall be repaired by the owner of the utility at the expense of the Permit holder. The Permit holder shall also be responsible for any damage done to public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit, or other utility;

(m) Preservation of Monuments - Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey, reference point or a permanent survey bench mark within the City shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Engineer. Permission will be granted only upon condition that the Permit holder pay all expenses incidental to the proper replacement of the monument or survey bench mark;

(n) Access to Driveways - Access to private driveways, lanes and loading areas shall be provided and maintained at all times, except when actual construction operations do not permit such access to be maintained during normal working hours. Immediately before closure of any private driveway or loading area, the residents affected by the closure shall be notified in order that Vehicles may be removed if necessary.

Conditions for excavations

5.1   Every Permit holder shall comply with, and every Permit for Works that require excavation is issued subject to, the following additional terms and conditions:

(a) Shoring - All trenches and excavations shall be shored in accordance with WorkSafe BC requirements and care shall be taken to protect adjacent property;

(b) Length of Pipe - Except with the consent of the Engineer, the maximum length of pipe trench or other excavation in any public Highway that may be kept open at any one time, shall be 30 m;

(c) Maintenance Period - The Permit holder shall be responsible for paying the City's costs for maintenance work required on the Highway in the location of the Works for a period of one year following completion of the Works. The City will carry out the necessary maintenance work and invoice the Permit holder monthly;

(d) Pedestrian Safety - Where reasonably possible, no excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored. The Permit holder must maintain safe crossings for pedestrians at intervals of not more than 95 m. If any excavation is made across any public street, alley or sidewalk, at least one safe crossing shall be maintained for Vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along the sidewalk line;

(e) Protection of Utilities - All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary;

(f) Signs, Flares, Barricades, Traffic Control Persons. – Signs, flares, barricades and traffic control persons shall conform to the Traffic Control Manual for Work on Roadways prepared by the Ministry of Transportation. Warning signs shall be placed sufficiently in advance of the construction operation to alert traffic within a public street, and cones, signs, lights or other approved devices shall be placed to channel traffic. All channelization, detours or closures must be first approved by the Engineer;

(g) Care of Excavated Material - All material excavated from trenches or tunnels and piled adjacent to the excavation shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians or other users of the streets, to protect creeks and watercourses, and to reduce as much as possible the inconvenience caused to those using streets and adjoining property. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the Engineer may require the Permit holder to provide toe boards or bins and, if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed. Where the confines of the area being excavated are too narrow to permit the piling of excavated materials beside the trench, such as might be the case in a narrow alley, the Engineer may require the Permit holder to haul the excavated material away to a storage or disposal site; and

(h) Clean-up - As excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be carried out at the expense of the Permit holder and shall be completed to the satisfaction of the Engineer. From time to time, as may be ordered by the Engineer, and in any event immediately after completion of the Works, the Permit holder shall, at his own expense, clean up and remove all refuse and unused materials of any kind resulting from the Works, and upon failure to do so within 24 hours after having been notified to do so in writing by the Engineer, such work may be done by the City and the costs of doing so charged to the Permit holder, or deducted from his Security Deposit.

Special construction conditions of Permit

6.1   The Engineer may impose other conditions and requirements that, in his opinion, are reasonably necessary to prevent damage to public or private property or to prevent the Works or other Highway Use from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions and requirements may include, but shall not be limited to:

(a) requiring soil tests to be supplied by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics at the cost of the Permit holder;

(b) providing a full time City inspector at the cost of the Permit holder if in the Engineer's opinion the work to be performed is of a nature that a full time inspector is necessary;

(c) repaving beyond the cut lines of the trench;

(d) providing traffic and pedestrian control plans;

(e) boring, augering, directional drilling, or other installation methods;

(f) limiting the period of the year, the days of the week, or the times of the day in which the work may be performed;

(g) restricting the size and type of equipment;

(h) designating routes on which materials may be transported;

(i) determining the place and manner of disposal of excavated materials;

(j) requiring the control of dust, the cleaning of streets, the prevention of noise, and other operations offensive or injurious to the neighbourhood or the general public;

(k) regulating the use of streets in the course of the work;

(l) requiring written notification to adjacent property owners or occupants advising of the work;

(m) requiring that a crew and adequate facilities be employed by the Permit holder 24 hours a day so that such excavation work may be completed as soon as possible; or

(n) requiring sediment and erosion control plans or measures.

Permit conditions for pipelines

7.1   Every Permit holder shall comply with, and every Permit for the installation of a pipeline is issued subject to, the following additional terms and conditions:

(a) A pipeline crossing installation shall be placed by drilling or jacking in such a manner as to afford minimum grade settlement. No water jetting is permitted. If, in the opinion of the Engineer, an excavation for a pipeline crossing installation which would not be detrimental to the Highway or its users may be made, permission may be granted for the Works. On main Highways or Newly Constructed Roads, no open cuts are allowed, unless no alternative exists and compensation satisfactory to the Engineer is provided;

(b) All pipelines of non-rigid material, such as plastic or copper of any diameter, shall be cased or embedded in sand;

(c) The inside diameter of the casing pipe shall be at least 25% larger than the outside diameter of the pipeline. Casing pipe shall be installed with an even bearing throughout its length and in such a manner so as to prevent leakage, except through vents; and

(d) The top of casing pipe, or the pipeline where casing is not required, shall be located as directed by the Engineer, and shall in no case be less than 1.2 m below the surface of the Highway and not less than 0.75 m below the Highway ditches. Pipelines shall not interfere with traffic on the Highway or with Highway maintenance.

Permit conditions relating to Works by City

8.1   After receiving notice in writing of the intention on the part of the City to construct, extend, alter, or improve any public works, a Permit holder shall, upon reasonable notice and at his own expense, move or alter the location of the Permit holder's Works or other Highway Use in such manner as necessitated by the changes proposed to be carried out by the City. Without limiting the generality of the foregoing, the work to be carried out by the Permit holder upon request by the Engineer shall include the relocating of Works to accommodate road widening or Intersection improvements and the raising and lowering of Works to accommodate road grade changes.

8.2   Despite Section 8.1 , if the Works to be relocated or altered belong to a company empowered by Special Act or other authority of the Parliament of Canada to construct, operate and maintain telephone or telegraph lines, the costs of such alteration or relocation shall be apportioned in accordance with the agreed upon municipal cost-sharing agreement between the City and the company or, upon the application of either party, as may be apportioned by the relevant authority having jurisdiction.

8.3   When the requirements of the City necessitate the use of existing utility poles for the installation of street lighting or traffic lighting control panels, the Permit holder shall accommodate such use at no cost to the City provided that such use will not conflict with the WorkSafe BC regulations, any applicable electrical codes or any agreement between the Permit holder and another utility.

8.4   Subject to Section 8.2 , the City will not be responsible for the cost of any grade changes caused by reconstruction of any Highway.

8.5   While reasonable care will be taken on the part of the City to do as little damage as possible to any private Works in the carrying out of the construction, extension, alteration, improvement, repair, or maintenance of any adjacent public works, the City does not accept responsibility of any kind for such damage, except to the extent that such damage results from the willful act or neglect of the City, its agents, employees, or contractors.

General provisions relating to Works

9.1   Subject to any written agreement to the contrary, all Works, surface or underground, carried out in, on or through any City lands, except temporary Works or the Works of a Utility Company, shall upon completion become the property of the City and shall not be further added to, modified, destroyed or removed without obtaining a further Permit from the City.

9.2   Permission granted under a Permit to carry out Works or other Highway Use is subject to the provisions of the Community Charter and all applicable City bylaws, and the Permit shall be in force only during such time as the Works or the Highway Use are carried out by the applicant to the satisfaction of the Engineer.

Part III — Highway Traffic Control Regulations

Inspections for defects

10.1   The maintenance of City facilities, including, but not limited to, roads, lanes, Trails, Sidewalks, curbs, gutters or installations placed within roads, lanes or Sidewalks, which are part of the sanitary or storm sewer, drainage or water utility system, including those facilities within Park or public recreation areas, shall rely solely on reports of observed defects by city staff or members of the public.

B/L 2619-2016

General traffic regulations

11.1   No person shall:

(a) walk, or operate a Vehicle or Cycle, contrary to the instructions of a Traffic Control Device, except where otherwise directed by the Engineer, a Peace Officer, a Traffic Control Person or another person authorized by a Police Officer to direct traffic;

B/L 2047-2011

(b) drive or operate a Motor Vehicle on any Highway within the City at a greater rate of speed than:

(i) the Posted Speed Limit for those Highways, or portions, listed in Schedule "C", attached to and forming part of this Bylaw;

(ii) 50 km/h, as prescribed under Section 146(11) of the Motor Vehicle Act, as amended, on any other Highway, or portions, not listed in Schedule "C" of this Bylaw; or

(iii) 20 km/h, as prescribed under Section 146(11) of the Motor Vehicle Act, as amended, on a lane less than 8 m in width;

(c) overtake and pass another Vehicle in a designated school or playground zone or at a Crosswalk while driving or operating a Motor Vehicle;

(d) drive or operate a Motor Vehicle anywhere in the City except on:

(i) a Highway; or

(ii) other land with the consent of the Owner of the land;

(e) 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;

(f) turn a Motor Vehicle so as to proceed in the opposite direction at an Intersection where a Traffic Control Signal is erected unless a U-turn is otherwise permitted by a Traffic Control Device.

Speed limits on local urban roads

12.1   (a) Roads constructed to current urban standards, with a 50 km/h or higher design speed throughout or for the majority of their length, shall be posted at 50 km/h.

(b) Roads constructed to current urban standards, with a design speed less than 50 km/h throughout or for the majority of their length, shall be posted at the design speed to the nearest 10 km/h.

B/L 2619-2016

Non-motorized Vehicle regulations

13.1   No person shall:

(a) ride or herd any animals on any Highway except between dawn and dusk in an Agricultural Area;

(b) use roller skates, roller blades, skateboards or other similar devices on any Sidewalk in a manner that obstructs, impedes, or interferes with Pedestrians;

(c) use sleighs, skates, skis, luge boards or other similar devices on any Roadway; or

(d) ride a Cycle on a Sidewalk or in a Crosswalk with the exception of Peace Officers in the performance of their duties.

Construction Vehicle, insecure load and debris regulations

14.1   No person shall:

(a) operate track Vehicles on any Roadway or Sidewalk except with the written authorization of the Engineer

(b) leave any excavation or other obstruction upon a Highway without fencing, barricading and marking the same with warning lights;

(c) drag or skid anything along or over a Highway in such a manner that it damages the surface of the Highway;

(d) being the Owner or occupier of property abutting on a Highway, cause, allow or permit any earth, rocks, stones, logs or stumps or other things to cave, fall, crumble, slide or accumulate from such property onto a Highway or to remain on a Highway;

(e) operate a Vehicle on a Highway while carrying any materials or goods unless such materials or goods are secured in such a manner that they cannot fall from the Vehicle while the Vehicle is proceeding along the Highway; or

(f) permit any materials or goods falling from a Vehicle to remain on a Highway.

Pedestrian regulations

15.1   No person shall:

(a) cross a Highway at any place within one block of an Intersection at which Traffic Control Signals are in operation, except at a Crosswalk;

(b) stand, walk or run in such a manner as to obstruct, impede or interfere with Traffic; or

(c) stand, walk or run on a Highway to solicit a ride from a driver of any Vehicle except a public conveyance.

Other regulations

16.1   No person shall:

(a) leave any glass or other debris from an accident on a Highway where that person removed a wrecked or damaged Vehicle from the scene of an accident;

(b) distribute leaflets on any Highway by placing them on the windshield of a Motor Vehicle;

(c) march, drive or otherwise take part in a procession or Parade or otherwise cause an obstruction or interference in any way with the passage or use of any Highway by Vehicles or Pedestrians except as authorized by a Permit issued under this Bylaw;

(d) mark, imprint or deface in any manner whatsoever a Highway, Traffic Control Device or other structure on a Highway;

(e) alter, repaint, tear down or remove any sign, advertisement or guidepost lawfully erected or maintained on a Highway;

(f) engage in any sport activity on a Highway that delays or interferes with the passage of Vehicles or other Traffic; or

(g) direct Traffic except in accordance with this Bylaw and the Motor Vehicle Act.

B/L 2047-2011

Roadside barriers

17.1   Subject to available budgets, roadside barriers shall be installed by the City at:

(a) horizontal locations as determined by the Engineer; and

(b) horizontal curves where the direction change exceeds 30 degrees and the design speed is less than, or equal to, the posted speed.

B/L 2619-2016

Roadside Ditches

18.1   (a) Roadside frontage ditches shall not be filled unless adequate and suitable alternate drainage systems, as approved by the Engineer, are provided.

(b) Roadside drainage in rural areas shall be provided by open ditches, except where culverts or storm sewer pipes are deemed necessary by the Engineer to protect the adjacent road.

B/L 2619-2016

Traffic Control Devices

19.1   The Engineer is authorized to control Traffic on any Highway and to temporarily restrict or prohibit all or some types of Traffic on a Highway in relation to any matter or for any purpose specified in this Bylaw. Without limiting the generality of the forgoing, the Engineer is authorized to regulate, control, direct or prohibit Traffic at such places as he shall designate in order to give effect to the provisions of this Bylaw, the Motor Vehicle Act, the Community Charter, the Commercial Transport Act and all regulations.

19.2   All Traffic Control Devices shall meet the provisions of the Manual of Uniform Traffic Control Devices for Canada published by the Transportation Association of Canada, as amended, and may include any or all signs contained in B.C. Reg. 343/77. Where there is a conflict between the provisions of the Manual of Uniform Traffic Control Devices for Canada and the regulations under the Motor Vehicle Act, the latter shall prevail.

19.3   The Engineer, in the exercise of his powers granted under this section, shall issue a written order directing the placement of Traffic Control Devices. Such order shall be dated and signed by the Engineer and the date on which the work or thing was completed shall be entered on the order. A single order may contain any number of directions related to Traffic Control Devices.

19.4   The Engineer may rescind, revoke, amend or vary any of his orders, provided such order does not require the doing of any act contrary to, or inconsistent with, this Bylaw or the Motor Vehicle Act.

19.5   The Engineer may order the alteration, repainting, tearing down or removal of any sign, advertisement, or guidepost erected or maintained on or over any Highway, and, in the exercise of this authority, no compensation will be paid to any person for loss or damage resulting from the alteration, repainting, tearing down, or removal of any sign, advertisement or guidepost placed on or over any Highway.

19.6   The Engineer, the Fire Chief, the Chief Constable or any Peace Officer may place or cause to be placed temporary "No Parking" signs or other applicable Traffic Control Devices on a Highway:

(a) along the route of any Parade;

(b) in the vicinity of a large gathering or during special circumstances;

(c) to facilitate the fighting of fires;

(d) to facilitate the clearing of snow, cleaning, repairing, excavating, decorating or other work on a Highway; or

(e) in the interest of public safety.

19.7   The Engineer may close a Highway to Traffic or any other use, at such time and for such period of time and in respect of such classes of Traffic or use as in his opinion may be necessary for the construction or protection of any Highway or other public work, the protection of persons using the Highway or to enable permitted Traffic to be handled safely and expeditiously.

19.8   Where Traffic Control Devices are authorized and placed under the provisions of the Motor Vehicle Act by the Ministry of Transportation and Highways of the Province of British Columbia, they shall be deemed to be lawfully placed or erected under this section.

19.9   A Traffic Control Person may, with the approval in writing of the Chief Constable or a police officer who is responsible for coordinating special events, temporarily direct and control traffic as may be necessary or convenient for any procession or event that may impact the normal and orderly flow of traffic, including, without limitation, any event deemed to be a special event by the City, and whether or not a permit is required under that Bylaw; or for any purpose or activity where, in the opinion of the Chief Constable or Engineer, direction by a Traffic Control Person would likely improve the safety of persons in relation to traffic in the City.

B/L 2047-2011

Exemptions to Parking and stopping regulations

20.1   The provisions of sections 21, 22, 23, 24, 25, 26, 27 and 28 of this Bylaw shall not apply where a motorist Parks, stops, stands, or leaves a Vehicle as directed by a Peace Officer or where necessary to avoid conflicts with Traffic or to comply with the law.

20.2   The provisions of sections 21, 22, 23, 24, 25, 26, 27 and 28of this Bylaw shall not apply to City or Provincial utility service Vehicles or service Vehicles of a public Utility Company, while such Vehicles are engaged in works that require the Vehicles to be stopped or Parked in contravention of any such provisions. This exemption shall not relieve the drivers of such Vehicles from taking due precautions to indicate the presence of such Vehicles on the street while so Parked or stopped.

General Parking and stopping regulations

21.1   No person shall Park a Vehicle:

(a) in contravention of a Traffic Control Device that gives notice that stopping, standing or parking is prohibited or restricted;

(b) in such a manner as to obstruct the visibility of any Traffic Control Device;

(c) on a Sidewalk or Boulevard;

B/L 2661-2016

(d) in front of, or within 1.5 m to either side of, a public or private driveway, or in any other manner which blocks access to or egress from such driveway;

(e) within 5 m of a fire hydrant, measured from a point in the curb or edge of the Roadway closest to the fire hydrant;

(f) on a Crosswalk or within 6 m of the approach side of a Crosswalk;

(g) within 6 m of the approach to any flashing beacon, stop sign or Traffic Control Signal located at the side of a Roadway;

(h) on a Highway within 15 m of the nearest rail of a railway crossing;

(i) on the paved portion of a Roadway where the pavement is 6.1 m or less in width;

(j) alongside or opposite an existing street excavation or obstruction when parking would obstruct Traffic;

(k) on the Roadway side of a Vehicle stopped or parked at the edge or curb of a Roadway;

(l) on a bridge or other elevated structure of a Roadway, except as permitted by a Traffic Control Device;

(m) in a designated parking stall for the disabled unless the person's Vehicle displays a valid parking permit issued by the Social Planning and Research Council (SPARC) of British Columbia;

(n) outside a designated space or area on a Roadway where lines are painted upon the surface of the Roadway to designate parking spaces or areas;

(o) other than parallel with the curb or edge of the Roadway, headed in the direction of Traffic, except where a Roadway is designated for Angle Parking by appropriate Traffic Control Devices;

(p) with the curbside wheels of a Vehicle more than 30 cm off the curb or edge of the Roadway;

(q) on an angle unless the Roadway is specifically designated for Angle Parking by appropriate Traffic Control Devices, in which case the Vehicle shall be parked at the angle to the curb or Roadway indicated by the Traffic Control Device, marks or signs, and parallel to and between such lines and as close to the curb or edge of the Roadway, as practical;

(r) on any Roadway where Traffic Control Devices indicate the maximum length of time allowed for parking, in contravention of the length of time indicated on the applicable Traffic Control Device;

(s) on a portion of a Highway that is improved and designated by Traffic Control Devices for the travel of Cycles;

(t) on any Highway for a continuous period of more than 72 hours;

(u) that does not display a valid licence plate in the manner required by the Motor Vehicle Act, on any Highway; or

B/L 1964-2010

(v) that is uninsured, on any Highway.

B/L 1964-2010

21.2   No person shall stop a Vehicle:

(a) in contravention of a Traffic Control Device that gives notice that stopping or standing there is prohibited or restricted;

(b) in such a manner as to obstruct the visibility of any Traffic Control Device; or

(c) on a Sidewalk or Boulevard or on the paved surface to the right of a double solid white line.

21.3   No Owner or other person having the control of a vehicle, may permit such vehicle to encroach or overhang on a Roadway while parked on private property.

B/L 2661-2016

Loading, passenger, taxi and bus zone regulations

22.1   No person shall Park in a loading zone, except for the purpose of loading or unloading passengers or materials, as follows:

(a) for no longer than three minutes to load or unload passengers; or

(b) for no longer than 30 minutes to load or unload materials.

22.2   No person shall Park in a passenger zone, except for the purposes of loading or unloading passengers and for no longer than three minutes.

22.3   No driver of a Vehicle, other than a bus, shall stop or Park such Vehicle in any bus zone.

Commercial uses

23.1   No person shall Park or stop a Vehicle on any Highway for the 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; or

(d) selling flowers, fruit, vegetables, sea foods or other commodities or articles.

Commercial Vehicle Parking

24.1   Except for the purpose of loading or unloading, no registered Owner or other person having the control of a Commercial Vehicle, shall park or permit such Vehicle to be Parked on any Highway or Boulevard in the City.

B/L 2443-2015

Recreation Vehicle and Trailer regulations

25.1   No person shall occupy a Recreation Vehicle or a Trailer as living or working quarters while it is Parked on any Highway.

25.2   No person shall park a Trailer on any Highway unless the Trailer is attached to a Motor Vehicle and is capable of being drawn at all times.

25.3   No person shall Park, set down, leave or deposit on any portion of a Highway, either permanently or temporarily, any camper or other temporary living accommodation which was removed or detached from a Recreation Vehicle or other Motor Vehicle.

25.4   Despite Section 21.1 (t) of this Bylaw, an Owner or operator of a Recreation Vehicle for which the vehicle registration shows a City of Abbotsford address, may only park such Recreational Vehicle on a Highway in the City, as follows:

(1) on that portion of a Highway immediately adjoining the Owner or operator's place of residence, for a period not exceeding 36 consecutive hours; or

(2) on that portion of a Highway immediately adjoining another property Owner's place of residence, with the consent of the property Owner, for a period not exceeding 36 consecutive hours.

25.5   Despite Section 21.1 (t) of this Bylaw, no Owner or operator of a Recreation Vehicle may Park such Recreation Vehicle within the same block of any Highway for a period exceeding thirty six (36) consecutive hours, following which the Owner or operator must move the Recreation Vehicle from the block to:

(1) another Highway location outside the block which complies with this Bylaw; or

(2) an off-street location;

for a period of not less than forty-eight (48) consecutive hours before the Recreation Vehicle may once again be Parked in the original block of Highway.

25.6   For the purpose of Sections 25.4 and  25.5 , a Recreation Vehicle is considered to be Parked for "consecutive hours" if the Vehicle is moved for one or more periods of one hour or less, and then returned to the block where it was Parked.

25.7   Sections 25.4 and  25.5 do not apply to Recreation Vehicles less than 6.7 metres in length.

Notice, tickets or tire markings

26.1   No person shall remove any notice or ticket affixed or placed on a Vehicle by a Bylaw Enforcement Officer unless the person is the Owner or operator of such Vehicle.

26.2   No person shall remove, obliterate, or otherwise interfere with any tire markings placed by a Bylaw Enforcement Officer.

Obstructions

27.1   Where any Vehicle is unlawfully occupying any portion of a Highway or public place, a Peace Officer or a person authorized by the Engineer, may:

(a) remove the Vehicle or require the driver or person in charge of the Vehicle to remove it to a position determined by the Peace Officer or authorized person; or

(b) remove the Vehicle or take the Vehicle into his custody and cause it to be taken to and stored in a safe and otherwise suitable place.

27.2   The cost to remove or impound a Vehicle under this subsection shall be charged to its registered Owner.

27.3   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 Engineer or a Peace Officer.

27.4   If a Motor Vehicle is removed, detained or impounded, written notice must be given to the registered Owner at his address as shown on the records of the Registrar of Motor Vehicles advising him of the impounding, and the sum payable to release the Vehicle.

27.5   Any Vehicle, chattel or obstruction not claimed by its Owner within 30 days of its impounding or detention, may be sold at public auction and the proceeds of such sale may be used to pay the expenses of impoundment and detention.

27.6   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 as set out above; and thirdly, the balance, if any, shall be paid to the Owner, and if the Owner cannot be ascertained, shall be paid into the general revenue of the City.

27.7   Despite anything to the contrary in this section, where any chattel, obstruction, garbage, rubbish or abandoned or unlicensed Motor Vehicle with an apparent market value of less than One Hundred Dollars ($100.00) is left on any Highway, it may be removed and disposed of by the City at the expense of the Owner.

Winter conditions

28.1   The Engineer may, by public notice or by placing signs on a Highway, require that the Owner of a Vehicle remove the Vehicle from the Highway not later than 7:00 a.m. on the day following an accumulation of snow or ice on the Highway.

28.2   The Engineer, a Bylaw Enforcement Officer authorized by the Engineer or a Peace Officer may, at the expense of the Owner, remove any Vehicle occupying a Highway in violation of the public notice or sign placed pursuant to subsection 28.1 to a location determined by the Engineer, the authorized person or the Peace Officer.

Vehicle Regulations (General)

29.1   No person shall drive or operate on a Highway:

(a) a passenger Vehicle so loaded that any part of the load extends beyond the sides of the Vehicle or more than 100 cm beyond the back of the Vehicle;

(b) a Vehicle with wheels that are not equipped with solid or pneumatic tires in good order;

(c) a Vehicle equipped with solid tires, with a thickness between the rim of the wheel and the surface of the Highway which is less than 32 mm;

(d) a solid rubber tired Vehicle at a greater rate of speed than 20 km per hour;

(e) a Vehicle with 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 except for tire chains of reasonable proportions when required for safety and winter studded tires between October 1 and April 30;

(f) a loaded Vehicle unless the Vehicle is so constructed and loaded as to prevent any of its load from:

(i) shifting or swaying in such a manner as to affect the safe operation of the Vehicle; or

(ii) dropping, sifting, leaking or otherwise escaping from the Vehicle, except 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;

(g) a loaded Vehicle unless the load and its covering are 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;

(h) a Commercial Vehicle without a valid and subsisting licence plate with a current-year decal issued by the City under the Commercial Vehicle Licensing Bylaw, 1984; or

(i) a Tow Truck with a Vehicle in tow unless auxiliary lights are connected to the Vehicle being towed to ensure the operation of tail lights, brake lights and turn signals on the towed Vehicle.

29.2   No person may cause or permit a vehicle to discharge engine, transmission fluid or manufactured fluids of any type on a Highway.

B/L 2661-2016

29.3   A vehicle found to be leaking engine, transmission fluids or manufactured fluids of any type is deemed to constitute an environmental hazard or danger to public safety; and may:

(a) be removed or taken into the custody of a Bylaw Enforcement Officer, or person authorized by the Engineer, and cause it to be taken to and stored in a safe and otherwise suitable place;

(b) have the fluids removed from the Highway at the expense of the Owner of the vehicle.

B/L 2661-2016

Vehicle size and weight regulations

30.1   For the purposes of this section, "Regulations" means the Commercial Transport Regulations made under the Commercial Transport Act of British Columbia.

30.2   No person shall, without a Permit issued under this Bylaw, drive or operate a Commercial Vehicle on any Highway if the gross Vehicle weight of the Commercial Vehicle exceeds its licensed gross Vehicle weight.

30.3   Without limiting the generality of Section 30.2 , no person shall, without a Permit issued under this Bylaw, drive or operate a Commercial Vehicle on any Highway if the gross Vehicle weight of the Commercial Vehicle exceeds its licensed gross Vehicle weight by:

(a) 1,000 kg. or less;

(b) more than 1,000 kg. but less than 3,000 kg.; or

(c) more than 3,000 kg.

30.4   No person shall, without a Permit issued under this Bylaw, drive or operate a Commercial Vehicle on any Highway if the weight of an axle, group of axles or axle unit exceeds the weight permitted by the Regulations, or the dimensions of the Commercial Vehicle and the distance between the axles, group of axles or axle unit do not conform to the Regulations with or without load.

30.5   Without limiting the generality of Section 30.4 , no person shall, without a Permit issued under this Bylaw, drive or operate a Commercial Vehicle on any Highway if the weight of an axle, group of axles or axle unit exceeds the weight permitted by the Regulations by:

(a) 500 kg. or less;

(b) more than 500 kg. but less than 1,000 kg.; or

(c) more than 1,000 kg.

30.6   Where a sign is posted by order of the Engineer regarding the maximum height, length, width, gross Vehicle weight or load allowable on a Highway or a portion of a Highway, including a bridge, no Vehicle exceeding those limits shall thereafter use that Highway, even if a Permit to do so was issued.

Oversize and Overload or Extraordinary Vehicle Permits

31.1   The Engineer, by the issuance of a written Permit in the form attached as Schedule "D", may authorize:

(a) the driving or operation on a Highway of a Commercial Vehicle that does not conform to the dimension, load or weight restrictions imposed by this Bylaw;

(b) the crossing of a Highway by a Commercial Vehicle that is Overloaded or Oversize, or both; or

(c) the driving or operation on a Highway of Extraordinary Traffic and, in relation to such Extraordinary Traffic, a person may, with the approval of the Engineer, enter into an agreement for the payment to the City of compensation in respect of the damage or expense which may, in the opinion of the Engineer, be caused by the Extraordinary Traffic, and that person shall not in respect of that Extraordinary Traffic be subject to any prohibition or penalty prescribed in this section.

31.2   Proof of public liability and property damage insurance satisfactory to the City, in accordance with the minimum requirements established in Section 2.3 (e) of this Bylaw, shall be produced before a Permit under this section is issued.

31.3   It is an offence under this Bylaw for any driver, operator or Owner of any Vehicle or other person to violate any of the conditions, restrictions or limitations contained in any Permit issued under this section, including but not limited to those conditions, restrictions or limitations set forth in Schedule "D" of this Bylaw.

31.4   If, in the opinion of the Engineer, the operation of a Vehicle is causing damage to a Highway or the Vehicle is being operated and driven in contravention of any condition or term specified in this Bylaw or a Permit, the Engineer may amend, vary or rescind a Permit issued under this Bylaw.

31.5   A Permit shall in no way be construed as giving permission to operate a Vehicle on any Highway in contravention of any regulation, limitation, or prohibition, which is made to protect Highways under this Bylaw.

31.6   No person shall use a Permit to drive or operate a Vehicle other than the Vehicle for which such Permit was issued.

31.7   A Permit issued under this Bylaw shall be carried in the Vehicle at all times when operating upon a Highway.

31.8   Prior to being issued a Permit under this section, every applicant shall enter into a written agreement with the City by which the applicant:

(a) assumes responsibility for all damages or injury to any person or persons using the Highway, or otherwise, and for any and all loss or damage to privately owned or City property which may result from the operation of a Vehicle under the authority of the Permit; and

(b) releases, indemnifies and saves harmless the City from all loss, damage or injury resulting, directly or indirectly, from the operation of any Vehicle under authority of the Permit.

31.9   The gross vehicle weight of any Vehicle or combination of Vehicles described in this Bylaw shall not exceed the safe, practical carrying capacity of the Vehicle or combination of Vehicles or any of its component parts. Every Permit holder shall be responsible to inspect the Vehicle for which a Permit is issued to ensure that it is mechanically sound to carry the additional load.

31.10   As a prerequisite to the issuance of a Permit under this Bylaw, the Engineer may require the applicant to provide a Security Deposit to the City in an amount sufficient, in the opinion of the Engineer, to pay the cost to assess, design, and repair any damage that may be done to a Highway, public structure or bridge, by reason of the driving or operation of the Vehicle.

31.11   Despite any other provision of this Bylaw, overheight Vehicles are not required to obtain a Permit to travel on Vye Road and Huntingdon Road between Highway 11 and the west boundary of the City of Abbotsford.

Truck Routes

32.1   No person shall operate a Heavy Truck on any Highway in the City other than on a Truck Route, as set out in Schedule "G" of this Bylaw except:

(a) an emergency vehicle;

(b) a bus;

(c) a vehicle owned or operated on behalf of the City or the Provincial or Federal government;

(d) a vehicle owned or operated on behalf of a public utility company;

(e) in accordance with Sections 35.1,  35.2 or  35.3 ; or

(f) in accordance with a permit issued by the Engineer under Section 34.1 .

B/L 1964-2010

Restrictions on Truck Routes

33.1   The use of a Truck Route may be further restricted by written order of the Engineer as in his opinion may be necessary for safe passage or for the protection of that road, or other roads or property, having regard to conditions such as road capacity, visibility, damage, maintenance, repair or construction, obstructions, flooding, snow, ice, or other compromised traffic or safety conditions, in relation to the following:

(a) the gross weight of any vehicle or load;

(b) the weight on an axle, tire or wheel or the number of axles or wheels;

(c) the wheel base, width, length and height of vehicles;

(d) the width, length, height and distribution of loads;

(e) the speed at which vehicles may travel;

(f) the hours when vehicles may use a Truck Route; and

an order or orders shall be effective when the Engineer has signed and dated the order and caused a notice or sign to be placed of a type and at locations that the Engineer considers relevant to persons subject to the restrictions.

B/L 1964-2010

33.2   Despite any of the provisions of this Bylaw or of a permit issued by the Engineer, where a bridge or Highway is expressly limited as to the maximum weight, height, length, or width by a Traffic Control Device, no person shall operate a Heavy Truck or load which exceeds these maximum limits.

B/L 1964-2010

Permits

34.1   The Engineer may, under circumstances which he considers warrants a permit, issue a permit authorizing the movement or parking of a Heavy Truck on certain Highways other than a Truck Route.

B/L 1964-2010

34.2   A permit issued under this Bylaw shall be carried in the Vehicle at all times when operating upon a Highway.

B/L 1964-2010

Departure from a Truck Route

35.1   Despite Section 32.1 , a person driving a Heavy Truck may drive on a Highway other than a Truck Route:

(a) to obtain fuel, repairs, accommodation or food at commercial premises;

(b) to collect or deliver cargo; or

(c) to supply a service

provided that the person takes the shortest direct accessible connection between the nearest Truck Route and the destination and then returns to the Truck Route using the same connection.

35.2   In the event that a person driving a Heavy Truck has a subsequent delivery or service call to make in the same area, the driver may proceed to this next destination, along Highways other than a Truck Route and then, when finished, proceed by the most direct accessible route to the nearest Truck Route.

35.3   If any Heavy Truck is permitted to be stored or parked in accordance with "Abbotsford Zoning Bylaw, 2014" or any other applicable Bylaw at a location off a Truck Route, and the truck conforms with all other Highway use regulations, but is not engaged in the transport of materials or any other things to or from the premises, a person may drive the truck to and from the place where it is stored or parked and, in doing so, shall drive it on the Highways forming the most direct accessible connection between the location where the truck is housed and the nearest Truck Route.

The provisions of this section shall not relieve a person in charge or control of a Heavy Truck from compliance with other parking and traffic regulations.

Enforcement

36.1   Every driver of a Vehicle on a Highway, when so required by a Peace Officer, shall stop the Vehicle, at the time and place specified by the Peace Officer, for the purpose of:

(a) weighing the whole or part of the Vehicle by means of stationary or portable scales;

(b) measuring the dimensions of the Vehicle and load;

(c) measuring and inspecting its tires;

(d) inspecting the load carried;

(e) ensuring compliance with any other requirement of this Bylaw or any Permit issued under this Bylaw;

and for such purpose, the Peace Officer may require the driver of the Vehicle:

(i) to drive the Vehicle onto the nearest public or Ministry of Transportation and Highways stationary or portable scales to weigh the Vehicle and load;

(ii) before continuing to drive or operate the Vehicle, to rearrange the load on the Vehicle or remove the whole or part of the load from the Vehicle in order to comply with the provisions of this Bylaw or a Permit.

36.2   Every driver of a Vehicle on a Highway, when directed by a sign on the Highway to report to scales, shall drive the Vehicle onto the scales for the purpose of:

(a) weighing the whole or part of the Vehicle by means of stationary or portable scales;

(b) measuring the dimensions of the Vehicle and load;

(c) measuring and inspecting its tires;

(d) inspecting the load carried;

(e) ensuring compliance with any other requirement of this Bylaw or any Permit issued under this Bylaw.

36.3   Any Peace Officer or the Engineer may enter, at all reasonable times, on any property subject to the regulations of this Bylaw in order to ascertain whether such regulations are being obeyed.

36.4   Where a Peace Officer, other than a Bylaw Enforcement Officer, has reason to believe that a person, other than a driver of a Motor Vehicle, has violated any provision of this bylaw, it is the duty of that person, if required by the Peace Officer, to give his name and address.

B/L 1818-2008

36.5   The power to issue Permits under this Bylaw shall include the power to amend, vary, or rescind such Permits.

Part IV — Offence and Penalty

37.1   Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply:

(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;

(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;

(c) a person who:

(i) contravenes, violates or fails to comply with any provision of this Bylaw;

(ii) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or

(iii) fails or neglects to do anything required to be done under this Bylaw,

is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and

(d) each day such infraction is caused, or allowed to continue, constitutes a separate offence.

B/L 2580-2016

37.2   Where, in this Bylaw, any matter or thing is required to be done by any person, in default of it being done by such person, the matter or thing may be done by the City at the expense of the person in default, and where works or services are provided to land or improvements, such expense may be recovered with interest in accordance with the City's Fees and Charges Bylaw, 2006, with costs, in like manner as City taxes. Where such expenses are not paid by December 31st, they shall be deemed to be taxes in arrear.

B/L 2810-2018

Part V — Repeal

38.1   The following Bylaws of the City and their amendments are repealed:

(a) Bylaw No. 3644, cited as the "Highways Use Bylaw, 1993", and all amendments are repealed.

(b) Bylaw No. 2516, cited as "Traffic Bylaw, 1984" and all amendments, are repealed.

READ A FIRST TIME on June 26, 2006 READ A SECOND TIME on June 26, 2006 READ A THIRD TIME on June 26, 2006 ADOPTED on July 10, 2006

Schedule "A"

Definitions

In this Bylaw, unless the context otherwise requires:

"Agricultural Area" means any area designated as an agricultural zone in the City's Zoning Bylaw, 2014 and shall include the Highways abutting such zones; and where the zone is different on the two sides of the Highway, the dividing line shall be the centerline of the Highway;

"Angle Parking" means the parking of a Vehicle other than parallel to a curb or the lateral lines of a Roadway;

"Arterial Highway" means a Highway classified as such under the Transportation Act;

"Boulevard" means that portion of a Highway between the curb lines or the lateral lines of a Roadway and the adjoining property, and includes curbs, sidewalks and ditches;

"bus" means a motor vehicle designed to carry more than 10 persons; B/L 1964-2010

"Bylaw Enforcement Officer" means any person appointed or designated under the City's Bylaw Notice Enforcement Bylaw, 2007 or the Municipal Ticket Information Bylaw, 2007 to enforce the provisions of this Bylaw; B/L 1964-2010

"Chief Constable" means the person appointed to that position for the Abbotsford Police Department from time to time, and shall include any other person authorized by the Chief Constable to exercise some or all of the Chief Constable's powers under this Bylaw;

"City" means the City of Abbotsford;

"Commercial Area" includes any area designated as a commercial zone in the City's Zoning Bylaw, 2014 and shall include the Highways abutting such zones; and where the zone is different on the two sides of the Highway, the dividing line shall be the centre line of the Highway;

"Commercial Vehicle" has the same meaning as defined in the City's Zoning Bylaw, 2014, as amended or replaced from time to time; B/L 2365-2014

"Council" means the Council of the City;

"Crosswalk" includes:

(a) any portion of the Roadway at an Intersection or elsewhere distinctly indicated for Pedestrian crossing by signs or by lines or other markings on the surface; and

(b) the portion of a Highway at an Intersection that is included within the connection of the lateral lines of the Sidewalks on the opposite sides of the Highway, or within the extension of the lateral lines of the Sidewalk on one side of the Highway, measured from the curbs, or in the absence of curbs, from the edges of the Roadway;

"Cycle" has the same meaning as "cycle" in the Motor Vehicle Act;

"emergency vehicle" means any of the following:

(a) a motor vehicle, as defined in Part 3 of the Motor Vehicle Act, carrying rescue or first aid equipment if there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in this Act;

(b) a motor vehicle, as defined in Part 3 of the Motor Vehicle Act, driven by a member of a fire department in the discharge of his or her duties; or

(c) a motor vehicle, as defined in Part 3 of the Motor Vehicle Act, driven by a peace officer, constable or member of the police branch of Her Majesty's Armed Forces in the discharge of his or her duties; B/L 1964-2010

"Engineer" means the Director of Engineering of the City and shall include any other person authorized by the Director of Engineering to exercise some or all of the Director of Engineering's powers under this Bylaw;

"Engineering Standards" means those standards contained in the City's Subdivision and Development Bylaw, 2011;

"Extraordinary Traffic" includes the carriage of goods or persons over a Highway, whether in Vehicles drawn by animal power or propelled by other means, which in conjunction with the natural or existing condition of the Highway is so extraordinary or improper in the quality or quantity of the goods or the number of persons carried, or in the mode or time of use of the Highway, or in the speed at which the Vehicles are driven or operated, as in the opinion of the Engineer substantially alters or increases the burden imposed on the Highway through its proper use by ordinary Traffic, and causes damage and expense to the Highway beyond what is reasonable or ordinary;

"Farm Vehicle" means a Commercial Vehicle owned and operated by a farmer, rancher, or market gardener, the use of which is confined to purposes connected with his farm, ranch, or market garden, including personal use, but is not used in connection with any other business in which the Owner may be engaged;

"Fire Chief" has the same meaning as "fire chief" in the British Columbia Fire Department Act;

"Heavy Truck" means a motor vehicle which:

(a) has a licensed gross vehicle weight in excess of 10,000kg; or

(b) comprises a tractor towing one or more trailers or semi-trailers; B/L 1964-2010

"Highway" includes:

(a) every Highway within the meaning of the Highway Act,

(b) every road, street, lane or right-of-way designed or intended for or used by the general public for the passage of Vehicles, and for the purposes of Part III of this Bylaw includes every private place or passageway to which the public, for the purpose of the parking or servicing of Vehicles, has access or is invited;

"Highway Use" means the use of a Highway or portion for the placing, replacing, operation, construction, installation, maintenance, repair or removal of Works or for any other purpose whatsoever other than the normal conveyance of Vehicles or pedestrians;

"Institutional Area" means any area designated as an institutional zone in the City's Zoning Bylaw, 2014 and shall include the Highways abutting such zones; and where the zone is different on the two sides of the Highway, the dividing line shall be the centerline of the Highway;

"Intersection" has the same meaning as in the Motor Vehicle Act;

"Local Delivery" in the context of the sign

"Except Local Delivery", means deliveries to, and pickups from, properties located within two km of the sign;

"Motor Vehicle" has the same meaning as in the Motor Vehicle Act;

"Newly Constructed Road" means the portion of a Highway that is reconstructed or repaved for its full width within five years of the date of the Highway Excavation Permit application;

"Overload" means the greater of the following:

(a) the number of kilograms derived by subtracting from the gross vehicle weight of a Commercial Vehicle the licensed gross vehicle weight;

(b) the number of kilograms derived by subtracting from the weight on any one axle or combination of axles of a Commercial Vehicle, the weight authorized by regulation to be carried on the axle or combination of axles;

"Oversize" means the amount derived by subtracting from the outside width, height or overall length of a Commercial Vehicle with its load, if any, the permissible outside width, height or overall length prescribed under the Commercial Transport Act and the regulations;

"Owner" shall have the meaning assigned to it under the Local Government Act, and for the purpose of this Bylaw shall include the registered owner of a Motor Vehicle or other Vehicle;

"Parade" means any procession of more than 30 Pedestrians or 10 Vehicles upon any street, except a funeral procession;

"Park", when prohibited, means the standing of a Vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading;

"Peace Officer" means:

(a) a constable designated as such under the provisions of the Police Act;

(b) person who has a constable's powers; or

(c) a Bylaw Enforcement Officer

B/L 1715-2007

"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 Bylaw, including but not limited to, a Permit for Overload or Oversize Vehicle, a Highways Use Permit and a Highway Excavation Permit in substantially the forms contained in Schedules "D", "E" and "F", respectively, attached to and forming part of this Bylaw;

"Police Officer" means a member of the Abbotsford Police Department; B/L 2047-2011

"Posted Speed Limit" means the designation by appropriate signs of the maximum permitted speed on any Highway or portion of a Highway;

"Recreation Vehicle" has the same meaning as defined in the City's Zoning Bylaw, 2014, as amended or replaced from time to time; B/L 1746-2008, 2365-2014

"Residential Area" means any area designated as a residential zone in the City's Zoning Bylaw, 2014 and shall include the Highways abutting such zones; and where the zone is different on the two sides of the Highway, the dividing line shall be the centerline of the Highway;

"Roadway" means the portion of the Highway that is improved, designed, or ordinarily used for vehicular traffic; and, where a Highway includes two (2) or more separate Roadways, the term

"Roadway" refers to any one (1) Roadway separately and not to all of the Roadways collectively; B/L 2661-2016

"Security Deposit" means a cash deposit, irrevocable letter of credit or other form of security deposited by an applicant under the provisions of this Bylaw for the purposes of obtaining a Permit.

"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 designated for Pedestrian use only;

"Tow Truck" has the same meaning as "tow car" in the Motor Vehicle Act;

"Traffic" includes Pedestrians, ridden or herded animals, Vehicles, Cycles and other conveyances, either singly or together, while using a Highway to travel;

"Traffic Control Device" means a sign, signal, line, meter, marking, space, barrier, or device, placed, painted or erected by authority of the Council or person duly authorized by the Council, to guide, regulate, warn, direct, restrict or prohibit Traffic;

"Traffic Control Person" means an adult individual who:

(a) is currently certified by the Workers' Compensation Board of British Columbia as having met the training standards for a traffic control person under the Occupational Health and Safety Regulation;

(b) has undergone a criminal record check showing no history of offences or outstanding charges relevant to traffic control, child safety or public safety; and

(c) has been approved by the Chief Constable or a Police Officer who is a special event coordinator as being adequately prepared and competent to direct and control traffic in the City for a particular purpose;

B/L 2047-2011

"Traffic Control Signal" means a Traffic Control Device, whether manually, electrically, or mechanically operated, by which Traffic is directed to stop and to proceed;

"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 School Act, or authorized by the Chief Constable;

"Trail" means a path, footpath, walking trail, track or unpaved lane or road used for recreational activities, including, but not limited to, walking, skateboarding, inline skating, scootering, cycling, hiking, horse riding, snow shoeing, and cross-country skiing, for the use of pedestrians, vehicular, or animal traffic. B/L 2619-2016

"Trailer" has the same meaning as "trailer" in the Motor Vehicle Act;

"Truck Route" means a Highway, a portion of a Highway, or a series of connected Highways, designated and described as such in Schedule "G". B/L 1964-2010

"Truck Tractor" means a Motor Vehicle designed and used primarily for drawing other Vehicles and not constructed to carry a load other than a part of the weight of the Vehicle drawn and of the load of the other Vehicle;

"Utility Company" means a public or private gas, water, telephone, power, radio or television broadcasting company or closed-circuit television company;

"Vehicle" has the same meaning as "vehicle" in the Motor Vehicle Act;

"Works" means the placing, replacing, operation, construction, installation, maintenance, repair or removal of poles, towers, structures, wires, pipes, pipelines, conduits, tunnels and the like, including, without limitation, support structures, transmission lines and other related telecommunications "facilities", as that term is defined in the Telecommunications Act (Canada), on, over, under, along or across any Highway within the City; and

"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 which 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.

Schedule "B"

Permit and Inspection Fees

Highways Use Permit

   
 

General

$75.00

 

Bus Stop Benches (up to 5 benches)

$75.00

 

Borehole Monitoring

$75.00

 

Filming

$75.00 plus costs

 

Temporary Signs

$100.00

Highway Excavation Permit

   
 

General

$75.00

 

Borehole Installation

$75.00 plus removal deposit

 

Culvert Installation

$200.00

 

Utility Excavations

$250.00 plus security deposit

Inspection Fees

   
 

General

$50.00

 

Borehole Installation

$50.00 per borehole

 

Culvert Installation

$200.00

 

Utility Excavations

As required

Schedule "C"

Posted Speed Limits on Highways

B/L 1964-2010, 2443-2015, 2661-2016

Highway

Posted

0 Avenue

Langley border to Townline Road

60

58th Avenue

500m west of Beatty Road to Ross Road

60

Angus Campbell Road

Vye Road to South Parallel Road

70

Atkinson Road

Sumas Mtn. Road to 700m east of Sumas Mtn. Road

30

Bateman Road

Between Willband Creek Park and Bateman Park

60

Beechwood Drive

McCallum Road to Lobban Road

20

Boundary Road

450m west of Angus Campbell Road to 1100m east of Angus Campbell Road

60

Bowman Road

Wells Line Road to Vye Road

70

Bradner Road

Elsie Road to McTavish Road

70

Bradner Road

Fraser Highway to 100m south of Haverman Road

70

Bradner Road

100m south of Haverman Road to Elsie Road

60

Bradner Road

King Road to Fraser Highway

60

Bradner Road

King Road to 600m north of Huntingdon Road

30

Bradner Road

McTavish Road to 200m south of Marsh-McCormick Road

60

Campbell Road

Cole Road to Tolmie Road

70

Clayburn Road

Highway No. 11 to 150m west of Wright Street

60

Clayburn Road

150m west of Wright Street to Straiton Road

30

Clearbrook Road

Huntingdon Road to 250m north of Walmsley Avenue

60

Cole Road

South Parallel Road to Vye Road

60

Cornell Street

Liberator Avenue to Mt. Lehman Road

30

Debruyne Road

East of Bradner Road

30

Dixon Road

South Parallel Road to Wells Line Road

70

Downes Road

Bradner Road to Mt. Lehman Road

60

Downes Road

Lefeuvre Road to Bradner Road

60

Essendene Avenue

South Fraser Way to West Railway Street

30

Everett Road

Marshall Road to DeLair Road

30

Fadden Road

Nelles Road to Vye Road

60

Fadden Road

Wells Line Road to Nelles Road

70

Fraser Highway

250m east of Lefeuvre Road to 300m west of Mt. Lehman Road

80

Fraser Highway

Station Road to 250m east of Lefeuvre Road

60

George Avenue

Riverside Street to Wallace Street

30

George Ferguson Way

Cyril Street to Park Drive

30

Gladwin Road

350m north of Downes Road to Harris Road

60

Grace Avenue

Riverside Street to Wallace Street

30

Guilford Drive

Old Yale Road to Marshall Road

30

Harris Road

Glenmore Road to Riverside Street

60

Harris Road

Highway No. 11 to Bell Road

60

Harris Road

Ross Road to Mt. Lehman Road

60

Horn Street

3000 to 3200 Block

30

Huntingdon Road

400m east of Gladwin Road to McCallum Road

70

Huntingdon Road

800m west of Bradner Road to Ross Road

60

Huntingdon Road

Columbia Road to 400m east of Gladwin Road

60

Huntingdon Road

Ross Road to Columbia Road

70

Inter-Provincial Highway

No. 1 Road to No. 3 Road

60

Inter-Provincial Highway

No. 3 Road to Wells Line Road

80

Justice Way

South Fraser Way to 200m south of George Ferguson Way

30

King Road

Townline Road to Clearbrook Road

60

Laburnum Avenue

Wright Street to Latimer Street

30

Lamson Road

Wells Line Road to Vye Road

70

Lefeuvre Road

600m north of Huntingdon Road to 200m south of LeDunne Avenue

60

Lefeuvre Road

Maclure Road to Downes Road

60

Liberator Avenue

Mt. Lehman Road to Cornell Street

30

Maclure Road

Blue Jay Street to Babich Street

60

Mahogany Drive

Eagle Summit Drive to Eagle Summit Drive

30

Marion Road

South Parallel Road to Vye Road

70

McBride Street

South of McKee Road

30

McCallum Road

Huntingdon Road to Gillis Avenue

60

McDermott Road

South Parallel Road to Vye Road

70

McKee Road

200m north of Buckingham Drive to Sumas Mountain Road

60

McKenzie Road

Fern Street to Dahl Crescent

30

McLeod Avenue

McMillan Road to McBride Street

30

McMillan Road

Chantrell Place to McKee Road

30

McNab Avenue

McMillan Road to McBride Street

30

Mill Lake Road

West of Ware Street

30

Montrose Avenue

George Ferguson Way to South Fraser Way

30

Morey Avenue

McCallum Road to Gladys Avenue

30

Moulstade Road

McKenzie Road to Victory Boulevard

30

Mountain Drive

Marshall Road to Whatcom Road

40

Mt. Lehman Road

150m North of Heritage Drive to Hawkins Road

60

Nelles Road

Whatcom Road to Fadden Road

70

No. 1 Road

Inter-Provincial Highway to Tolmie Road

60

No. 2 Road

Inter-Provincial Highway to Boundary Road

60

No. 3 Road

300m west of Inter-Provincial Highway to Tolmie Road

60

No. 3 Road

Tolmie Road to Boundary Road

60

No. 4 Road

South Parallel Road to Boundary Road

70

No. 5 Road

McDermott Road to Boundary Road

70

North Parallel Road

150m east of Atkinson Road to No. 3 Road

80

North Parallel Road

No. 3 Road to 700m north of No. 1 Road

60

North Parallel Road

150m east of Whatcom Road to 300m east of Kilgard Road

80

Old Yale Road

East of Powerhouse Road

30

Olive Way

Marshall Road to Mayfair Avenue

30

Orchard Drive

McMillan Road to Marshall Road

40

Page Road

200m east of Sim Road to Sandberg Street

60

Park Drive

George Ferguson Way to Fraser Street

30

Peardonville Road

Echo Road to Marshall Road

60

Powerhouse Road

Vye Road to Wells Line Road

70

Quadling Road

West of North Parallel Road

30

Redwood Avenue

Ash Street to Beck Road

30

Riverside Street

Townshipline Road to Harris Road

60

Saddle Street

Old Clayburn Road to Immel Street

30

Sim Road

Page Road to Walters Street

60

Skyline Drive

Walker Crescent to Everett Road

30

South Fraser Way

Matsqui Place to 250m west of Townline Road

60

South Fraser Way

McDougall Avenue to West Railway Street

60

South Parallel Road

600m west of Angus Campbell Road to No. 3 Road

80

South Parallel Road

Sumas Way to 600m west of Angus Campbell Road

60

Sumas Mountain Road

200m on either side of Kilgard Road

30

Tolmie Road

No. 3 Road to Campbell Road

70

Tolmie Road

No. 3 Road to No. 1 Road

60

Townline Road

King Road to Marshall Road

60

Townline Road

Polar Avenue to Olund Road

30

Townshipline Road

Gladwin Road to Highway No. 11

60

Townshipline Road

Langley border to Mt. Lehman Road

60

Vye Road

Potter Road to 375m west of Whatcom Road

80

Vye Road

125m east of Whatcom Road (south leg) to Powerhouse Road

80

Vye Road

375m west of Whatcom Road (north leg) to 125m east of Whatcom Road (south leg)

60

Wallace Street

Harris Road to Grace Avenue

30

Walnut Avenue

Gladys Avenue to Maple Street

30

Wells Line Road

Fadden Road to Inter-Provincial Highway

70

Whatcom Road

South Parallel Road to 450m north of Vye Road

70

Willow Lane

Old Yale Road to Essendene Avenue

20

Wright Street

Clayburn Road to Clayburn Creek Bridge

30

Schedule "D"

Permit for Overload or Oversize Vehicle