Interpretation

1   The Interpretation Bylaw applies to this bylaw.

Application

2   This bylaw does not apply to the regulation, control or prohibition of traffic on an arterial highway.

Definitions

3   (1) In this bylaw:

"agricultural area" means the following:

(a) an area designated as an agricultural zone in the Zoning Bylaw;

(b) a highway adjacent to an agricultural zone;

(c) the portion of a highway that is adjacent to an agricultural zone up to the centreline of the highway where the highway is between an agricultural zone and another zone;

"angle parking" means the parking of a vehicle other than parallel to

(a) a curb, or

(b) the lateral lines of a roadway;

"arterial highway" has the same meaning as in the Transportation Act;

"block" means the portion of the highway or boulevard between two adjacent intersections of two or more sets of intersecting roadways;

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"boulevard" has the same meaning as in the Motor Vehicle Act, and includes a curb, a sidewalk and a ditch;

"business" has the same meaning as in the Business Licence Bylaw;

"business vehicle" means a vehicle used to carry on business or promote a business, but does not include:

(a) a shared vehicle;

(b) a vehicle operated by the Province, Canada, the Fraser Valley Regional District or the City, or

(c) a school bus;

"bylaw enforcement officer" has the same meaning as in the Bylaw Enforcement Bylaw;

"Canadian carrier" has the same meaning as in section 2(1) of the Telecommunications Act (Canada);

"chief constable" has the same meaning as in the Police Act;

"code" means a code of a provincial, national or other code-making body;

"commercial vehicle" has the same meaning as in the Zoning Bylaw;

"contract administrator" means a person certified by the Master Municipal Construction Documents Association to administer projects that use Master Municipal Construction Documents;

"distribution undertaking" has the same meaning as in section 2(1) of the Broadcasting Act (Canada);

"engineering standards" means the standards set out in the Development Bylaw;

"filming activity" has the same meaning as in the Outdoor Special Event, Filming and Activities Bylaw;

"general manager" means the general manager responsible for engineering and regional utilities of the City, and includes a person acting under the authority of the general manager;

"heavy truck" means a motor vehicle that

(a) has a licensed gross vehicle weight of more than 10 000 kilograms, or

(b) comprises a tractor towing a trailer or a semi-trailer;

"highway" has the same meaning as in the Transportation Act;

"highway excavation permit" means a permit to carry out works on a highway;

"highway use" means the use of a highway, or part of a highway, to carry out a filming activity, hold a special event, construct or maintain works or other similar activity, but does not include the normal conveyance of vehicles or pedestrians;

"highway use permit" means a permit to carry out a highway use;

"Master Municipal Construction Documents" means the standardized construction documents prepared by the Master Municipal Construction Documents Association for the construction of municipal services;

"municipal access agreement" means an agreement with the City, in a form satisfactory to the City, governing the use of a highway;

"newly constructed road" means the portion of a highway that is reconstructed or repaved for its full width within 5 years of the date of an application for a highway excavation permit;

"operate", in relation to a vehicle, means to drive the vehicle or to have care or control of the vehicle;

"overload or oversize vehicle permit" means a permit to carry out an activity under section 65 permit required for overloaded vehicles, oversized vehicles or extraordinary traffic;

"overloaded vehicle" means a commercial vehicle for which

(a) the gross vehicle weight of the commercial vehicle exceeds the licensed gross vehicle weight of the commercial vehicle, or

(b) the weight on any one axle, or combination of axles, of the commercial vehicle exceeds the weight prescribed by the Commercial Transport Act for the commercial vehicle to be carried on an axle, or combination of axles;

"oversized vehicle" means a commercial vehicle for which the outside width, height or overall length of the commercial vehicle with its load, if any, exceeds the permissible outside width, height or overall length prescribed by the Commercial Transport Act for the commercial vehicle;

"owner" has the same meaning as in

(a) the Community Charter in respect of real property, and

(b) the Motor Vehicle Act in respect of a vehicle;

"parade" means a procession of more than 30 pedestrians or 10 vehicles on a highway, but does not include a funeral procession;

"recreational vehicle" means the following:

(a) a self-propelled vehicle or a trailer primarily designed as temporary living quarters for recreational or travel use, including

(i) a motor home, and

(ii) a camper;

(b) a motorized or non-motorized recreational watercraft, including a trailer designed for the hauling and storage of the recreational watercraft;

"residential block" means the portion of the highway or boulevard between two adjacent intersections of two or more sets of intersecting roadways located within a residential neighbourhood as designated within the Official Community Plan Bylaw;

"security deposit" means a cash deposit, irrevocable letter of credit or other form of security deposited by an applicant for the purposes of obtaining a permit;

"shared vehicle" means

(a) a vehicle owned and operated by a person whose principal business objective is to provide its members with a car-sharing service by which such members have access to a fleet of shared vehicles that they may reserve for use,

(b) a car pool vehicle within the meaning of the Passenger Transportation Regulation, or

(c) a passenger transportation pool vehicle within the meaning of the Passenger Transportation Regulation;

"special event" has the same meaning as in the Outdoor Special Event, Filming and Activities Bylaw;

"telecommunications facility" has the same meaning as in the Telecommunications Act (Canada);

"traffic control person" means an adult who

(a) is 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 a bylaw enforcement officer as being adequately prepared and competent to control traffic in the City for a particular purpose;

"trail" means a footpath, a pathway, a track or an unpaved lane or road used for recreational activities, including use by pedestrian, animal or vehicular traffic;

"truck route" means a portion of highway designated as a truck route under section 52 truck routes;

"utility company" means a gas, water, telephone, power, radio or television broadcasting company or closed-circuit television company;

"weight differential" means the difference between the allowable weight and the actual weight on any axle or group of axles or the entire vehicle, whichever is greater;

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"works" means the placing, replacing, operation, construction, installation, maintenance, repair or removal of a pole, a tower, a structure, a wire, a pipe, a pipeline, a conduit, a tunnel or other similar structure, including a support structure, a transmission line and other similar telecommunications facilities on, over, under, along or across a highway within the City.

(2) Subject to subsection (1) and unless the context requires otherwise, the terms defined in the Commercial Transport Act and Parts 1 and 3 of the Motor Vehicle Act apply to this bylaw.

Contraventions

4   (1) Every person who contravenes this bylaw by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.

(2) A contravention of a term or a condition of a permit is a contravention of this bylaw.

Authority to require compliance

5   If a person subject to a requirement under this bylaw fails to meet the requirements under this bylaw, the City may

(a) fulfill the requirement at the expense of the person, and

(b) recover the costs incurred from that person as a debt.

Recovery of fees and costs as special fees

6   If the City does work or provides services in relation to land or improvements, the City may recover the fees and costs incurred by the City as special fees in accordance with Division 14 Recovery of Special Fees of Part 7 Municipal Revenue of the Community Charter.

Power to amend, suspend and revoke permits

7   The power of the general manager to issue an order or a permit includes the power to amend, suspend and revoke the order or the permit.

Duty to give information

8   If a bylaw enforcement officer has reason to believe that a vehicle is in contravention of this bylaw, and so informs the owner or a person in the vehicle, at the request of the bylaw enforcement officer, the owner or the person must give all information in the power of that owner or that person relating to the identification of the owner or the driver of the vehicle at the relevant time or during the relevant period.

Reconsideration

9   A person who is subject to a decision or an order under this bylaw may apply for reconsideration of that decision or that order by the council in accordance with the Appeal Procedure Bylaw.

Infrastructure inspection policy

10   The City relies solely on reports by City employees and members of the public of observed defects for the maintenance of City facilities, including roadways, lanes, trails, sidewalks, curbs, gutters and installations placed within a roadway, lane or sidewalk, which are part of the sanitary or storm sewer, drainage or water utility system, including facilities within a park or a public recreation area.

Prohibited activities on a highway

11   Subject to sections 13 to 15, a person must not excavate in, cause a nuisance on, obstruct, foul or damage a part of a highway.

Permit required for highway use or works

12   A person must obtain

(a) a highway use permit to carry out a highway use, or

(b) a highway excavation permit to carry out works on a highway.

Permits to a person

13   (1) The general manager must issue a highway use permit to a person if the following conditions are met:

(a) the person submits an application for the highway use permit in the form and manner required by the general manager;

(b) the person pays a fee in accordance with Part 6 Fees;

(c) the highway use set out in the application conforms with all enactments;

(d) if required by the general manager, the person provides a security deposit in an amount, in the opinion of the general manager, sufficient to

(i) pay the cost of repairing possible damage to the highway, and

(ii) fulfill the obligations imposed by the highway use permit within the time specified by the highway use permit;

(e) the person provides plans and specifications of the highway use to be undertaken that are satisfactory to the general manager;

(f) the person provides evidence of a general commercial liability insurance policy satisfactory to the general manager that

(i) the person is insured against all claims for damages for personal injury and property damage which may result from the person carrying out the highway use covered by the highway use permit,

(ii) the insurance coverage is for at least $5 000 000 for each occurrence,

(iii) the City will be added to the policy of insurance as a co-insured, and

(iv) the policy will contain a cross-liability clause and provide for 30 days' notice to the City of any termination or material alteration of the policy.

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(2) The general manager must issue a highway excavation permit to a person if the following conditions are met:

(a) the person submits an application for the highway excavation permit in the form and manner required by the general manager;

(b) the person pays a fee in accordance with Part 6 Fees;

(c) the works set out in the application conforms with all enactments;

(d) if required by the general manager, the person provides a security deposit in an amount, in the opinion of the general manager, sufficient to

(i) pay the cost of repairing possible damage to the highway, and

(ii) fulfill the obligations imposed by the highway excavation permit within the time specified by the highway excavation permit;

(e) if required by the general manager, the person provides a security deposit in an amount sufficient to pay for the cost of preparing an "as-constructed" plan showing the works to be installed by the person;

(f) the person provides plans and specifications of the works to be undertaken that are satisfactory to the general manager;

(g) the person provides evidence of a general commercial liability insurance policy satisfactory to the general manager that

(i) the person is insured against all claims for damages for personal injury and property damage which may result from the person carrying out the works covered by the highway excavation permit,

(ii) the insurance coverage is for at least $5 000 000 for each occurrence,

(iii) the City will be added to the policy of insurance as a co-insured, and

(iv) the policy will contain a cross-liability clause and provide for 30 days' notice to the City of any termination or material alteration of the policy.

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(3) The plan referred to in subsection (2) (e) must be drawn to a scale satisfactory to the general manager and show the location, size and description of the works and the date of installation.

Permits to a utility company

14   (1) Despite section 13 (1) permits to a person, the general manager must issue a highway use permit to a utility company if the following conditions are met:

(a) the utility company submits an application for the highway use permit in the form and manner required by the general manager;

(b) the highway use set out in the application conforms with all enactments;

(c) the utility company provides a security deposit or otherwise satisfies the general manager that the utility company will bear restoration costs for the highway;

(d) the utility company enters into a municipal access agreement.

(2) Despite section 13 (2) permits to a person, the general manager must issue a highway excavation permit to a utility company if the following conditions are met:

(a) the utility company submits an application for the highway excavation permit in the form and manner required by the general manager;

(b) the works set out in the application conforms with all enactments;

(c) the utility company provides a security deposit, or otherwise satisfies the general manager that the utility company will bear restoration costs for the highway;

(d) the utility company enters into

(i) an agreement in respect of the works, or

(ii) a municipal access agreement.

Permits to a Canadian carrier or a distribution undertaking

15   Despite section 13 permits to a person, the general manager must issue a highway use permit or a highway excavation permit, as applicable, to a Canadian carrier or a distribution undertaking if the Canadian carrier or the distribution undertaking enters into a municipal access agreement.

Suspension of a permit

16   Without limiting section 7 power to amend, suspend and revoke permits, the general manager may suspend

(a) a highway use permit if the highway use is not carried out to the satisfaction of the general manager, or

(b) a highway excavation permit if the works are not carried out to the satisfaction of the general manager.

General terms and conditions

17   (1) The following are terms and conditions of every highway use permit:

(a) the highway use permit is only valid for the specific highway use authorized under the highway use permit;

(b) any alteration, replacement, addition or third party agreement respecting the highway use must be covered by a separate highway use permit;

(c) the general manager may revoke the highway use permit, without recourse by the permit holder, if the permit holder fails to comply with the terms and conditions of the highway use permit and this bylaw;

(d) permission granted under the highway use permit to carry out a highway use is cancelled if the land in, on or over which the highway use is carried out is no longer under the jurisdiction of the City;

(e) the highway use permit is not granted indefinitely;

(f) the highway use permit does not vest in the permit holder any right, title or interest in the land on which the highway use is carried out;

(g) if a permit holder fails to repair damage or fulfill a term or condition of the highway use permit within a specified time,

(i) the City may carry out the repair or fulfill the term or condition that is not met and deduct the costs of such from the security deposit,

(ii) if the security deposit is insufficient to cover such costs, the permit holder must pay the balance of the costs on demand, and

(iii) if there is a balance of the security deposit after the deductions under subparagraph (i) have been made, the City pays the balance to the permit holder, less an administration fee of $150.

(2) The following are terms and conditions of every highway excavation permit:

(a) the highway excavation permit is only valid for the specific works authorized under the highway excavation permit;

(b) any alteration, replacement, addition or third party agreement respecting the works must be covered by a separate highway excavation permit;

(c) the general manager may revoke the highway excavation permit, without recourse by the permit holder, if the permit holder fails to comply with the terms and conditions of the highway excavation permit and this bylaw;

(d) permission granted under the highway excavation permit to use or maintain works is cancelled if the land in, on or over which the works are constructed is no longer under the jurisdiction of the City;

(e) the highway excavation permit is not granted indefinitely;

(f) the highway excavation permit does not vest in the permit holder any right, title or interest in or to the works or land on which the works are constructed;

(g) if a utility or other works are constructed on land that is under the jurisdiction of the City and the City intends to relinquish its jurisdiction of the land, the City must take reasonable steps to enable the owner of the works to

(i) relocate the works, or

(ii) obtain an easement or a right-of-way for the purpose of continuing to operate or maintain the works;

(h) if a permit holder fails to repair damage, submit "as-constructed" drawings or fulfill a term or condition of the highway excavation permit within a specified time,

(i) the City may carry out the repair or fulfill the term or condition that is not met and deduct the costs of such from the security deposit,

(ii) if the security deposit is insufficient to cover such costs, the permit holder must pay the balance of the costs on demand, and

(iii) if there is a balance of the security deposit after the deductions under subparagraph (i) have been made, the City pays the balance to the permit holder, less an administration fee of $150.

(i) Subject to a written agreement, works carried out in, on or through City land, other than temporary works and works of a utility company,

(i) become the property of the City upon completion, and

(ii) must not be modified, destroyed or removed after completion, unless a highway excavation permit is obtained.

Relocation of works

18   (1) If a holder of a highway use permit receives written notice of the intention of the City to construct, extend, alter or improve any works, the permit holder must move or alter the location of the highway use, at the expense of the permit holder, to a new position or in a manner as necessitated by the construction, extension, alteration or improvement proposed to be carried out by the City.

(2) If a holder of a highway excavation permit receives written notice of the intention of the City to construct, extend, alter or improve any works, the permit holder must move or alter the location of the works under the highway excavation permit, at the expense of the permit holder, to the new position or in the manner as necessitated by the construction, extension, alteration or improvement proposed to be carried out by the City, including by doing any of the following:

(a) relocating the works permitted under the highway excavation permit to accommodate the widening of a roadway or an improvement to an intersection;

(b) raising or lowering the works permitted under the highway excavation permit to accommodate a change to the grade of a roadway.

(3) If the City requires the use of an existing utility pole for the installation of street lighting or a traffic lighting control panel and the use does not conflict with any laws, including the Workers Compensation Act, a relevant code or an agreement between a permit holder or a utility company, the permit holder must accommodate the use at no cost to the City.

(4) Despite subsections (1) and (2), if the works to be moved or altered belong to a company empowered by a special Act or other authority of the Parliament of Canada to construct, operate and maintain telephone or telegraph lines, the costs of the relocation or alteration are apportioned in accordance with the municipal cost-sharing agreement between the City and the company or, upon application of either party, as apportioned by the relevant authority having jurisdiction.

Construction activities

19   (1) The following are terms and conditions of every highway use permit and highway excavation permit that includes construction activities:

(a) the works must be carried out to the satisfaction of the general manager and in accordance with

(i) an approved plan,

(ii) a municipal access agreement,

(iii) an agreement in respect of the works, and

(iv) the engineering standards;

(b) if the engineering standards reference the Master Municipal Construction Documents, the general manager may direct that

(i) the works be carried out in the same manner as the contract administrator as defined in the Master Municipal Construction Documents, and

(ii) the permit holder is liable to pay the cost of the direction;

(c) the permit holder must give written notice to the general manager at least 7 days before the permit holder intends to excavate a highway or interfere with a works;

(d) a person appointed by the general manager for inspection purposes must be given free and unrestricted access to all parts of the works;

(e) the works must be identified with a permit number in a manner satisfactory to the general manager;

(f) at all times that work is carried out,

(i) traffic conditions must be maintained as near normal as possible, and

(ii) inconvenience to an occupant of abutting property and the general public must be minimized;

(g) the permit holder may temporarily close a highway if

(i) the permit holder obtains written permission from the general manager for the period of time specified by the permit holder, and

(ii) the general manager considers the closure to be necessary for carrying out the works or other highway use,

(iii) the permit holder provides notice of the closure to the public, or as directed by the general manager;

(h) the permit holder must take every reasonable precaution to ensure that the area of the works or highway use is safe for the public, including by fencing, illuminating or guarding obstructions in respect of the works or highway use;

(i) the permit holder must accept full responsibility for any accident, loss, damage or injury, including death, that results, directly or indirectly, from carrying out the works or highway use;

(j) the permit holder must indemnify and save harmless the City from any claim or demand in respect of the works or highway use, except to the extent that such claim or demand is the result of a willful act or negligence of the City, an employee, agent or contractor of the City;

(k) the works must not be carried out outside of the hours between 7:00 a.m. and 9:00 p.m., Monday through Saturday, unless

(i) the permit holder obtains written consent from the general manager to carry out the works at another hour, or

(ii) an emergency occurs requiring that the works be carried out outside of those hours;

(l) the permit holder must not interfere with an existing utility, unless the permit holder obtains the written consent of the general manager and the owner of the utility;

(m) the permit holder is liable to pay the costs incurred by an owner of a utility, including a utility owned by the City, for moving the existing utility to accommodate works, unless the owner agrees otherwise;

(n) the permit holder must

(i) support and protect every pipe, conduit, pole, wire or other apparatus that may be affected by the works, and

(ii) take all necessary steps to support, sustain and protect them under, over and along or across the works;

(o) the permit holder must take all necessary steps to protect an underground utility that may be affected by the works against damage;

(p) the permit holder is liable to pay the costs incurred by an owner of a utility to repair damage caused by the permit holder to the utility, including a pipe, conduit, pole, wire or apparatus, or coating of a pipe or other encasement or device;

(q) the permit holder is responsible for damage to public or private property due to the breakage of a water pipe, sewer, gas pipe, electric conduit or other utility;

(r) the permit holder must not remove or disturb a monument set for the purpose of locating or preserving lines of a highway or property subdivision, a precise survey, a reference point or a permanent survey bench mark, unless the permit holder

(i) obtains written permission from the general manager, and

(ii) pays all costs in respect of the proper replacement of the monument or survey bench mark;

(s) the permit holder must provide and maintain access to a private driveway, lane or loading zone affected by the works at all times, other than when actual construction operations are being carried out and access cannot be practically provided or maintained;

(t) before closing a private driveway or loading area, the permit holder must notify any persons who are affected by the closure and who may need to move a vehicle.

(2) The general manager may impose additional terms and conditions that, in the opinion of the general manager, are reasonably necessary to

(a) prevent damage to public property or private property, or

(b) prevent the works or other highway use from being conducted in a manner that is hazardous to life or property or likely to create a nuisance.

(3) The additional terms and conditions that the general manager may impose under subsection (2) include the following:

(a) the permit holder must obtain a soil test supplied by a recognized soil testing laboratory or a registered professional engineer specializing in soil mechanics;

(b) the permit holder must hire a full-time City inspector if, in the opinion of the general manager, the work to be performed is of such a nature that a full-time inspector is necessary;

(c) the permit holder must repave beyond the cut lines of a trench;

(d) the permit holder must provide a traffic control plan and a pedestrian control plan;

(e) the permit holder must use an installation method specified by the general manager, including boring, augering or directional drilling;

(f) the permit holder must not carry out the works during a period of time specified by the general manager;

(g) the permit holder must not use equipment of a size or type specified by the general manager;

(h) the permit holder must use a route specified by the general manager to transport material;

(i) the permit holder must use a location specified by the general manager to dispose of excavated material and dispose of the excavated material in a manner specified by the general manager;

(j) the permit holder must clean a highway affected by the works;

(k) the permit holder must implement measures to mitigate and abate noise, vibration, odour, dust, illumination or any other matter from the works that is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

(l) the use of a highway during the time the works is carried out;

(m) the permit holder must provide written notice to an owner or occupier of a property adjacent to the works advising of the works at least 7 days before the works are to begin;

(n) if the works includes excavation, the permit holder must employ a crew and provide adequate site facilities 24 hours a day to complete the excavation works as soon as possible;

(o) the permit holder must implement sediment and erosion control plans or measures.

Excavations

20   The following are terms and conditions of every highway excavation permit:

(a) the permit holder must shore a trench and an excavation in accordance with the requirements prescribed by the Workers Compensation Act and must take steps to protect property adjacent to the works;

(b) the permit holder must not keep open more than 30 metres of a pipe trench or other excavation in a highway, unless the general manager authorizes a longer length;

(c) the permit holder is liable to pay, on demand, the costs, incurred by the City for maintaining the highway at the location of the works for a period of one year after the completion of the works;

(d) the permit holder must not excavate a highway beyond the centreline of the highway before the highway is backfilled and the surface of the highway is temporarily restored, unless the scope of the works requires such excavation;

(e) the permit holder must maintain a safe crossing for pedestrians at intervals of at least 95 metres;

(f) the permit holder must maintain at least one safe crossing for vehicles and pedestrians if the excavation is across a highway, an alley or a sidewalk;

(g) if a highway is not sufficiently wide to hold excavated material without using part of an adjacent sidewalk, the permit holder must maintain a passageway of at least half the width of the sidewalk along the edge of the sidewalk;

(h) the permit holder must

(i) locate every underground facility in the area of the excavation that may be damaged or affected by the excavation,

(ii) identify and notify the owner of the underground facility of the works before causing a ground disturbance, and

(iii) if necessary to avoid damage to the underground facility, move the underground facility;

(i) the permit holder is liable to pay the costs incurred by an owner of a utility, including a utility owned by the City, for moving the existing underground facility, unless the owner of the utility agrees otherwise;

(j) the permit holder must ensure that a traffic control person engaged for and a sign, a flare or a barricade used for the works complies with the policies, specifications, standards and guidelines for traffic management for works on a roadway prepared by the ministry responsible for the Transportation Act;

(k) the permit holder must place signage on the highway in advance of the construction area of the works and in an inconspicuous manner such that a user of the highway has sufficient space to safely avoid a conflict with the works;

(l) the permit holder must place a cone, a sign, a light or other approved device to channel traffic in the area of the works;

(m) the permit holder must obtain approval from the general manager before carrying out a channelization, a detour or a closure;

(n) material excavated from a trench or tunnel and piled adjacent to the excavation must be piled and maintained in a manner that

(i) does not endanger an individual working in the trench, a pedestrian or other user of the highway,

(ii) protects a creek or watercourse affected by the works, and

(iii) minimizes the inconvenience caused to

(A) a user of the highway, or

(B) an adjacent property;

(o) to expedite the flow of traffic or to abate a dirt or dust nuisance in the area of the works, the general manager may require the permit holder to

(i) provide toe boards, or similar equipment, or

(ii) install a temporary walkway if the excavated area is muddy or is not convenient for a pedestrian to cross;

(p) if the excavated area is not sufficiently wide for excavated material to be piled adjacent to the trench, the general manager may require the permit holder to move the excavated material to a storage or disposal site;

(q) as excavation works progress, the permit holder must ensure that a highway affected by the works is clean and free of garbage, debris and unused equipment;

(r) the permit holder must ensure that, as soon as practicable after the works is completed, or within 24 hours of receiving notice from the general manager, a highway affected by the works is clean and free of garbage, debris and unused equipment.

Pipeline installations

21   The following are terms and conditions of every highway excavation permit that includes an installation of a pipeline:

(a) the permit holder must place a pipeline crossing installation by drilling or jacking in such a manner as to afford minimum grade settlement;

(b) the permit holder must not use water jetting;

(c) the general manager may authorize an excavation for a pipeline crossing installation if, in the opinion of the general manager, the excavation is not detrimental to a highway or a user of the highway;

(d) the permit holder must not use an open cut for a pipeline installation on a highway or a newly constructed road, unless an alternative does not exist and the permit holder provides compensation to the City in an amount satisfactory to the general manager;

(e) the permit holder must case or embed a pipeline of non-rigid material, including plastic or copper, in sand;

(f) the permit holder must ensure that the inside diameter of a casing pipe is at least 25% larger than the outside diameter of the pipeline;

(g) the permit holder must install a casing pipe with an even bearing throughout its length and in such a manner that prevents leakage, except leakage that occurs through a vent;

(h) the permit holder must ensure that a top of the casing pipe or the pipeline where casing is not required

(i) is located as directed by the general manager,

(ii) is not less than 1.2 metres below the surface of a highway, and

(iii) is not less than 0.75 metres below a highway ditch;

(i) the permit holder must ensure that the pipeline does not interfere with

(i) traffic on a highway, or

(ii) maintenance of a highway.

Removal of vehicles

22   (1) The general manager may remove, detain or impound a vehicle that unlawfully occupies a portion of a highway or a public place.

(2) If the general manager removes, detains, or impounds a vehicle, the owner must be given written notice to the last known address of the owner as shown in the records maintained by the Insurance Corporation of British Columbia.

(3) The written notice must advise the owner of the impoundment and the amount payable to the City for the release the vehicle.

(4) The costs incurred under subsection (1) may be recovered by the City as follows:

(a) from the owner of the vehicle;

(b) by sale of the vehicle at a public auction;

(c) by action in a court of competent jurisdiction.

Removal of vehicles due to inclement weather

23   (1) If a vehicle is standing or parking on a highway in a position that causes the vehicle to interfere with the removal of snow or ice, the general manager may, by public notice or by placing signs on the highway, require the owner of the vehicle to move the vehicle by no later than 7:00 a.m. on the day after the accumulation of snow or ice.

(2) The general manager may move the vehicle referred to in subsection (1)

(a) to a position determined by the general manager, or

(b) to a safe and suitable place for storage.

(3) The costs incurred under subsection (2) may be recovered by the City from the owner of the vehicle referred to in subsection (1).

Seizure and sale

24   (1) The general manager may seize things, including a vehicle, unlawfully occupying a portion of a highway or a public place.

(2) If a thing with an apparent market value of less than $100 is left on a highway or a public place, the general manager may dispose of the thing.

(3) The general manager may recover the costs for the seizure or disposal of the thing from the owner of the thing.

(4) If the owner of the thing refuses to pay the costs or cannot be identified after reasonable efforts, the general manager may sell the thing.

Traffic control

25   (1) The general manager may control traffic on a highway or temporarily restrict or prohibit all or some types of traffic on a highway in respect of a matter or a purpose specified in this bylaw.

(2) Without limiting subsection (1), the general manager may regulate, control, direct or prohibit traffic at such places as designated by the general manager to give effect to this bylaw, the Motor Vehicle Act, the Community Charter or the Commercial Transport Act, including by erecting or placing a sign on a highway limiting the rate of speed of a motor vehicle operating on a designated portion of a highway.

(3) If a traffic control person obtains the written approval of the chief constable or a bylaw enforcement officer who is responsible for coordinating a special event, the traffic control person may temporarily control traffic for any of the following purposes:

(a) a procession or an event that may impact the normal and orderly flow of traffic, including a special event under the Outdoor Special Event, Filming and Activities Bylaw, whether or not a permit is required under that bylaw;

(b) an activity for which, in the opinion of the chief constable or the general manager, direction by a traffic control person would likely improve the safety of persons in relation to traffic.

Closure of highways

26   The general manager may close a highway to traffic, or other use, at any time and for any period of time for traffic or a use if, in the opinion of the general manager, the closure is necessary for any of the following reasons:

(a) the construction of a highway or other works;

(b) the protection of a highway or other works;

(c) the protection of persons using the highway;

(d) the safe and expeditious handling of traffic.

Standards

27   (1) Traffic control devices must 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 signs prescribed by the Motor Vehicle Act.

(2) For the purposes of subsection (1), if 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 Motor Vehicle Act prevails.

Orders

28   (1) The general manager may issue an order directing a person to erect or place a traffic control device.

(2) An order must set out the following:

(a) the date of the order;

(b) an explanation of how to comply with the order;

(c) the date by which the person must comply with the order;

(d) any additional information required by law.

(3) An order may contain more than one direction in respect of a traffic control device.

(4) The general manager may order the alteration, repainting, tearing down or removal of a sign, an advertisement or a guide post erected or maintained on or over any highway.

Parking signage

29   A bylaw enforcement officer may place a temporary sign prohibiting parking or other traffic control device to regulate, control or prohibit the stopping, standing or parking of vehicles on a highway as follows:

(a) to control traffic for a special event;

(b) to facilitate the fighting of fires;

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

(d) to enhance public safety.

Obeying traffic control devices

30   A person must obey the instructions of a traffic control device, unless otherwise directed by a bylaw enforcement officer.

Interference with traffic

31   A person must not stand, walk or run in such a manner as to interfere with the normal flow of traffic.

Speed limits

32   A person must not operate a motor vehicle on the portion of the highway set out in Column 1 of Table 1 at a greater rate of speed than the rate of speed set out in Column 2 of Table 1 opposite thath portion of the highway.

Note: The Motor Vehicle Act allows police officers to enforce speed limits set by municipal bylaw.

Controlling traffic

33   A person must not control traffic, unless the person controls traffic in accordance with this bylaw and the Motor Vehicle Act.

Intersections with traffic control signals

34   A person must not cross a highway at a place within one block of an intersection at which a traffic control signal is in operation, unless the person crosses at a crosswalk.

Processions and parades

35   (1) A person must not march, drive or take part in a procession or parade in such a manner as to interfere with traffic, unless the person obtains the appropriate permit.

(2) A person must not operate a vehicle between the persons or vehicles comprising a funeral procession or a parade, unless the vehicle is part of the funeral procession or the parade.

Cycling

36   A person must not ride a cycle on a sidewalk or in a crosswalk, unless

(a) the crosswalk is marked or signed for riding a cycle, or

(b) the person is a bylaw enforcement officer performing duties of a bylaw enforcement officer.

Tracked vehicles

37   A person must not operate a tracked vehicle on any roadway or sidewalk, unless the person has the written authorization of the general manager.

Animals

38   A person must not ride or herd an animal on a highway, unless the person rides or herds the animal in an agricultural area between dawn and dusk.

Sport activities

39   A person must not engage in a sport activity on a highway in such a manner as to interfere with traffic.

Roller skates, sleighs, skates and skis

40   A person must not use roller skates, sleighs, skates, skis or other similar means of conveyance

(a) on a sidewalk in such a manner as to interfere with pedestrian traffic, or

(b) on a roadway.

Exceptions

41   (1) Sections 42 to 48 do not apply if a person stops, stands or parks a vehicle

(a) as directed by a bylaw enforcement officer,

(b) to avoid a conflict with traffic,

(c) to comply with the law, or

(d) for the purpose of engaging in work authorized by the City, a Provincial utility service or a public utility company, and the work requires the vehicle to be stopped or parked in contravention of this Division.

(2) If a driver of a vehicle referred to in subsection (1) (d) parks in a manner that would otherwise contravene this Division, the driver must take precautions to indicate the presence of the vehicle while parked or stopped.

Parking

42   (1) A person must not park a vehicle as follows:

(a) in contravention of a traffic control device that prohibits or restricts stopping, standing or parking;

(b) in a manner that obstructs the visibility of a traffic control device;

(c) on a sidewalk or a boulevard;

(d) in front of, or within 1.5 metres to either side of, a driveway, or in a manner that blocks access to or egress of the driveway;

(e) within 5 metres of a fire hydrant measured from a point in the curb or edge of the roadway that is closest to the fire hydrant;

(f) on a crosswalk or within 6 metres of the approach side of a crosswalk;

(g) within 6 metres of the approach side to any flashing beacon, stop sign or traffic control signal located at the side of a roadway;

(h) on a highway within 15 metres of the nearest rail of a railway crossing;

(i) on the paved portion of a roadway if the pavement is 6.1 metres or less in width;

(j) alongside or opposite an existing excavation or obstruction if 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, unless instructed by a traffic control device;

(m) in a parking stall designated for persons with disabilities, unless the vehicle displays a parking permit issued by the Social Planning and Research Council of British Columbia;

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

(o) other than parallel with the curb or edge of a roadway, headed in the direction of traffic, unless the roadway is designated for angle parking by a traffic control device;

(p) with the curbside wheels of a vehicle more than 30 centimetres off the curb or edge of the roadway;

(q) on an angle, unless the roadway is designated for angle parking by a traffic control device and the vehicle is parked at an angle to the curb or roadway as instructed by the traffic control device, marks or signs and parallel to and between the lines and as close to the curb or edge of the roadway as practicable;

(r) in excess of the maximum length of time, as indicated on a traffic control device, allowed per day for parking the vehicle on the same block;

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(s) on a portion of a highway that is improved and designated by a traffic control device for the travel of a cycle;

(t) on a highway for a continuous period of more than 72 hours.

(2) A person must not park a vehicle on a highway that

(a) does not display a valid licence plate in the manner required by the Motor Vehicle Act, or

(b) does not have vehicle insurance.

(3) An owner or other person having the control of a vehicle must not permit the vehicle to encroach or overhang on a roadway while parked on private property.

Stopping

43   A person must not stop a vehicle as follows:

(a) in contravention of a traffic control device that gives notice that stopping or standing at that location is prohibited or restricted;

(b) in such a manner as to obstruct the visibility of a traffic control device;

(c) on a sidewalk;

(d) on a boulevard;

(e) on the paved surface to the right of a double solid white line.

Passenger zones

44   A person must not park in a passenger zone, unless the person

(a) parks for the purposes of loading or unloading passengers, and

(b) does not park for more than 3 minutes.

Loading zones

45   A person must not park in a loading zone, unless the person parks for the purpose of loading or unloading passengers or materials as follows:

(a) for no more than 3 minutes to load or unload passengers;

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

Bus zones

46   A driver of a vehicle must not stop or park a vehicle in a bus zone, unless the vehicle is a bus.

Parking or stopping for commercial purposes

47   A person must not park or stop a vehicle on a highway for any of the following purposes:

(a) displaying the vehicle for sale;

(b) advertising, greasing, painting, wrecking, storing or repairing the vehicle, unless the repairs are necessitated by an emergency;

(c) displaying a sign;

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

Commercial vehicle parking

48   An owner or driver of a commercial vehicle must not park or allow the commercial vehicle to be parked on a highway or boulevard, unless the owner or the person parks, or allows the vehicle to be parked, for the purpose of loading or unloading.

Business vehicle parking

49   A person must not park or stop more than one business vehicle owned, operated or branded by the same business on a highway or boulevard within the same residential block, unless the person is in the course of conducting business.

Prohibited activities

50   A person must not do any of the following in respect of a recreational vehicle or a trailer:

(a) occupy a recreational vehicle or a trailer as living or working quarters while the recreational vehicle or the trailer is parked on a highway;

(b) park a trailer on a highway, unless the trailer is attached to a motor vehicle and is capable of being drawn at all times;

(c) park, set down, leave or deposit a camper or other temporary living accommodation that was removed or detached from a recreational vehicle, or other vehicle, on a portion of a highway.

Parking

51   (1) This section does not apply to a recreational vehicle less than 6.7 metres in length.

(2) For the purposes of this section, a recreational vehicle is parked for consecutive hours if the recreational vehicle is moved for one or more periods of one hour or less and returned to the block where it was parked.

(3) Despite section 42 (1) (t), an owner or driver of a recreational vehicle for which the vehicle registration shows a City of Abbotsford address may park the recreational vehicle on a highway if

(a) the recreational vehicle is parked on the portion of a highway immediately adjoining the place of residence of the owner or driver for a period of not more than 36 consecutive hours, or

(b) the recreational vehicle is parked on the portion of a highway immediately adjoining the place of residence of another property owner, with the consent of the property owner, for a period of not more than 36 consecutive hours.

(4) If an owner or a driver of a recreational vehicle has parked the recreational vehicle in accordance with subsection (3), the owner or driver must move the recreational vehicle to another highway location outside the block in compliance with this bylaw or an off-street location for a period of at least 48 hours before parking the recreational vehicle on the block that the recreational vehicle was parked in accordance with subsection (3).

Truck routes

52   Each of the following portions of highway are designated as a truck route:

(a) 4th Avenue between Riverside Road and Highway No. 11;

(b) Clearbrook Road between Huntingdon Road and Highway No. 1;

(c) Dixon Road between No. 3 Road and Wells Line Road;

(d) Fraser Highway between the border of the Township of Langley and Bluejay Street;

(e) Highway No. 1 between the border of the Township of Langley and Boundary Road;

(f) Highway No. 11 between Abbotsford-Mission Bridge and the border of the U.S.A.;

(g) Huntingdon Road between the border of the Township of Langley and McCallum Road;

(h) King Road between the border of the Township of Langley and Bradner Road;

(i) King Road between Townline Road and Riverside Road;

(j) Maclure Road between Blue Jay Street and McCallum Road;

(k) Marshall Road between Mt. Lehman Road and Clearbrook Road;

(l) McCallum Road between Maclure Road and Highway No. 11;

(m) Mt. Lehman Road between Highway No. 1 and Huntingdon Road;

(n) No. 3 Road between Highway No. 1 and Boundary Road;

(o) North Parallel Road between No. 3 Road and Atkinson Road;

(p) Peardonville Road and Echo Road between Huntingdon Road and Mt. Lehman Road;

(q) Peardonville Road between Mt. Lehman Road and Townline Road;

(r) Powerhouse Road between Wells Line Road and Vye Road;

(s) Riverside Road between Marshall Road and 4th Avenue;

(t) Simpson Road between Mt. Lehman Road and Peardonville Road;

(u) South Parallel Road between Highway No. 11 and No. 3 Road;

(v) Townline Road between Peardonville Road and King Road;

(w) Vye Road between McCallum Road and Powerhouse Road;

(x) Wells Line Road between Powerhouse Road and Dixon Road.

Operation of a heavy truck

53   (1) A person must not operate a heavy truck on a highway, unless at least one of the following conditions are met:

(a) the person operates the heavy truck on a truck route;

(b) the heavy truck is

(i) an emergency vehicle;

(ii) a bus;

(iii) a vehicle owned or operated on behalf of the City, the Province or the government of Canada;

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

(c) the person operates the heavy truck in accordance with section 57 departure from a truck route or section 58 exception to using a truck route;

(d) the person operates the heavy truck under a permit issued by the general manager under section 55 parking permits.

(2) This section does not relieve a person in charge or control of a heavy truck from compliance with other parking and traffic regulations.

Truck route restrictions

54   (1) The general manager may restrict the use of a truck route by written order if, in the opinion of the general manager, the restriction is necessary for safety purposes or the protection of the truck route or other roadway or property.

(2) An order made under subsection (1) may restrict any of the following:

(a) the speed at which a vehicle may travel;

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

(c) the weight on an axle, a tire or a wheel;

(d) the number of axles or wheels;

(e) the wheel base, width, length and height of a vehicle;

(f) the width, length, height and distribution of a load;

(g) the kind, width, size and inflation of tires;

(h) the system of load suspension;

(i) the hours when a vehicle may use a truck route.

(3) In making an order under subsection (1), the general manager must consider the conditions of the roadway, including capacity, visibility, damage, maintenance, repair, construction, obstructions, flooding, snow, ice and other conditions that may compromise the traffic or the safety of a roadway.

(4) An order is effective when the general manager

(a) signs and dates the order, and

(b) places a notice or a sign at a location that, in the opinion of the general manager, is appropriate in respect of persons subject to the order.

Parking permits

55   (1) The general manager may issue a permit for the movement or parking of a heavy truck on a highway that is not a truck route if, in the opinion the general manager, the circumstances warrant a permit.

(2) The driver of a heavy truck must carry the permit in the heavy truck when operating the heavy truck on a highway.

Posted restrictions

56   Despite the issuance of a permit, a person must not operate a heavy truck or load that is more than a restriction indicated by a traffic control device in respect of a maximum weight, height, length or width of a vehicle on a bridge or a highway.

Departure from a truck route

57   (1) A person may operate a heavy truck on a highway that is not a truck route if the following conditions are met:

(a) the person takes the shortest and most direct route between a truck route and a destination and returns to a truck route using the same route;

(b) the person is departing from the truck route for one or more of the following purposes:

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

(ii) to collect or deliver cargo;

(iii) to supply a service.

(2) Despite subsection (1) (a), the person may return to a truck route using a different route if the following conditions are met:

(a) the person has a subsequent delivery or service call to make in the same area;

(b) the person proceeds to the most direct and nearest truck route after the delivery or the service call.

Exception to using a truck route

58   A person may drive a heavy truck on a highway that is not a truck route to and from a place where the heavy truck is stored or parked if the following conditions are met:

(a) an enactment authorizes a heavy truck to be stored or parked at a location off of a highway that is a not a truck route;

(b) the heavy truck conforms with all other regulations;

(c) the heavy truck is not engaged in the transport of materials or any other things to or from a premises;

(d) the person drives the heavy truck using the most direct route between the location where the truck is housed and the nearest truck route.

Prohibited operation of vehicles

59   A person must not operate any of the following on a highway:

(a) a passenger vehicle loaded such that a part of the load extends past the sides of the vehicle or more than one metre 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 of less than 3.2 centimetres;

(d) a vehicle with solid rubber tires at a speed of more than 20 kilometres per hour;

(e) a vehicle with wheels or tracks constructed with projecting spikes, cleats, ribs, clamps, flanges, lugs or other attachments or projections that extend beyond the tread or traction surface of the wheel, tread or track, unless the person operates the vehicle between October 1 and April 30 with

(i) tire chains of reasonable proportions for safety purposes, or

(ii) winter studded tires;

(f) a vehicle that is loaded in a manner that would affect the safe operation of the vehicle, unless the vehicle is constructed and loaded to prevent any of the load from

(i) shifting or swaying in a manner that would affect the safe operation of the vehicle, or

(ii) dropping, sifting, leaking or otherwise escaping from the vehicle, unless the vehicle drops sand for the purpose of securing traction or the vehicle drops water, or another substance, on a roadway for the purpose of cleaning or maintaining the roadway;

(g) a vehicle that is loaded in a manner that would affect the safe operation of the vehicle, unless the load and the covering for the load are securely fastened to prevent the load or the covering from becoming loose, detached or hazardous to other users of the highway;

(h) a tow car with a vehicle in tow, unless auxiliary lights are connected to the vehicle in tow to ensure the tail lights, brake lights and turn signals of the vehicle in tow are operational.

Stopping

60   (1) A driver of a vehicle must stop the vehicle if requested by a bylaw enforcement officer, at a time and place specified by the bylaw enforcement officer, for any of the following purposes:

(a) weighing the whole or part of the vehicle by means of a stationary or portable scale;

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

(c) measuring and inspecting the tires of the vehicle;

(d) inspecting the load carried by the vehicle;

(e) ensuring compliance with this bylaw or a permit;

(2) If a bylaw enforcement officer stops a vehicle under subsection (1), the bylaw enforcement officer may require the driver of the vehicle to do any of the following:

(a) drive the vehicle onto the nearest public stationary or portable scale to weigh the vehicle and the load of the vehicle;

(b) before continuing to operate the vehicle, rearrange the load on the vehicle or remove the whole or part of the load from the vehicle to comply with this bylaw or a permit.

Reporting to scales

61   A driver of a vehicle on a highway who is directed by a traffic control device to report to scales must drive the vehicle onto the scales for any of the following purposes:

(a) weighing the whole or part of the vehicle;

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

(c) measuring and inspecting the tires of the vehicle;

(d) inspecting the load carried by the vehicle;

(e) ensuring compliance with this bylaw or a permit.

Discharge of manufactured fluid

62   (1) A person must not cause or allow a vehicle to discharge engine fluid, transmission fluid or other similar type of fluid on a highway.

(2) If a vehicle is found to be leaking engine fluid, transmission fluid or other similar type of fluid, the general manager may do any of the following:

(a) remove or take the vehicle into custody and store the vehicle in a safe and suitable place;

(b) remove the fluid from the highway at the expense of the owner of the vehicle.

Operation of a commercial vehicle

63   A person must not operate a commercial vehicle on a highway if

(a) the gross vehicle weight of the commercial vehicle exceeds the licensed gross vehicle weight of the commercial vehicle,

(b) the weight of an axle, group of axles or axle unit is more than the weight authorized by the Commercial Transport Regulations, or

(c) the dimensions of the commercial vehicle do not conform to the Commercial Transport Regulations, with or without load,

unless the person obtains an overload or oversize vehicle permit.

Posted restrictions

64   Despite the issuance of an overload or oversize vehicle permit, if the general manager posts a sign restricting the maximum height, length, width, gross vehicle weight or load allowable on a highway or a portion of a highway, including a bridge, a vehicle exceeding the restriction must not use the highway or a portion of the highway to which the restriction applies.

Permit required for overloaded vehicles, oversized vehicles or extraordinary traffic

65   A person must obtain an overload or oversize vehicle permit to do any of the following:

(a) operate a commercial vehicle on a highway that does not conform to the dimension, load or weight restrictions imposed under this bylaw;

(b) cross a highway by an overloaded vehicle or an oversized vehicle;

(c) operate or be in charge of extraordinary traffic on a highway.

Overload or oversize vehicle permit

66   The general manager must issue an overload or oversize vehicle permit to a person if the following conditions are met:

(a) the person submits an application for the overload or oversize vehicle permit in the form and manner required by the general manager;

(b) the person pays the fee under section 87 overload or oversize vehicle application, inspection and permit fees;

(c) the person provides evidence satisfactory to the general manager that

(i) the applicant is insured against all claims for damages for personal injury and property damage which may arise out of or result from the activity covered by the overload or oversize vehicle permit,

(ii) the insurance coverage is for at least $5 000 000 for each occurrence,

(iii) the City will be added to the insurance policy as a co-insured, and

(iv) the policy will contain a cross-liability clause and provide for 30 days' notice to the City of any termination or material alteration of the policy;

(d) the person enters into a written agreement with the City to

(i) assume responsibility for all damages or injury to a person using a highway and for any and all loss or damage to property arising from the operation of a vehicle under the authority of the overload or oversize vehicle permit, and

(ii) release, indemnify and save harmless the City from all loss, damage or injury resulting from the operation of a vehicle under the authority of the overload or oversize vehicle permit;

(e) if in the opinion of the general manager a security deposit is required, the person pays a security deposit in an amount sufficient, in the opinion of the general manager, to pay the cost to assess, design and repair any damage that may be caused to a highway, public structure or bridge arising from the operation of the vehicle.

Overload or oversize vehicle term permits

66.1   Despite section 66 overload or oversize vehicle permit, the general manager must not issue an overload or oversize vehicle term permit unless the following conditions are met:

(a) the dimensions of the vehicle without load conform to the Commercial Transport Regulations;

(b) the dimensions of the vehicle with load do not exceed 3.2 m in width or 4.3m in height;

(c) the gross weight of the vehicle with load does not exceed the licensed gross vehicle weight of the commercial vehicle;

(d) the weight of an axle, group of axles, or axle unit does not exceed the weight permitted by the Commercial Transport Regulations;

(e) the route, origin and destination of the vehicle and load do not change during the term of the permit.

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Terms and conditions of overload or oversize vehicle permit

67   The following are terms and conditions of every overload or oversize vehicle permit:

(a) the overload or oversize vehicle permit must be carried in the vehicle at all times when the vehicle is in operation on a highway;

(a.1) the oversize vehicle permit must be issued for either

(i) a single trip, or

(ii) a term not exceeding 3 months;

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(b) the general manager may amend, vary, rescind a overload or oversize vehicle permit if, in the opinion of the general manager, the operation of the vehicle for which the overload or oversize vehicle permit was issued caused damage to a highway or the vehicle was operated in contravention of this bylaw or the overload or oversize vehicle permit;

(c) the overload or oversize vehicle permit does not authorize a person to operate a vehicle on a highway in contravention of this bylaw;

(d) a person must not use the overload or oversize vehicle permit to operate a vehicle other than the vehicle for which the overload or oversize vehicle permit was issued;

(e) the gross vehicle weight of a vehicle, or a combination of vehicles, must not exceed the safe and practical carrying capacity of the vehicle, the combination of vehicles or component parts of the vehicle;

(f) a permit holder must inspect the vehicle for which an overload or oversize vehicle permit is issued to ensure that the vehicle is mechanically sound to carry the additional load.

Agreements for extraordinary traffic

68   (1) In respect of extraordinary traffic, a person, with the approval of the general manager, may enter into an agreement with the City for the payment of reasonable compensation to the City for the damage to a highway or the resulting expense to the City which may, in the opinion of the general manager, be caused by the extraordinary traffic.

(2) A prohibition described in this Division and a penalty do not apply to a person who enters into an agreement under subsection (1).

Where operation of a motor vehicle is prohibited

69   A person must not operate a motor vehicle anywhere in the City except on

(a) a highway, or

(b) private property with the consent of the owner of the property.

Passing

70   A person must not operate a motor vehicle in such a way to cause the motor vehicle to overtake and pass another vehicle in a designated school zone, a playground zone or a crosswalk.

Reverse turning

71   A person must not turn a motor vehicle to proceed in the opposite direction of an intersection where a traffic control signal is erected, unless a u-turn is authorized by a traffic control device.

Dragging or skidding things

72   A person must not drag or skid a thing along or over a highway in a manner that causes damage to the surface of the highway.

Obstructions

73   (1) A person must not leave things on a highway that fall from a vehicle that the person was operating.

(2) An owner or occupier of a property must not cause or allow things from the property to accumulate on a highway or to remain on a highway.

Incident debris

74   A person must not leave glass or other debris from an incident on a highway if the person removed a wrecked or damaged vehicle from the scene of the incident.

Excavations

75   A person must not leave an excavation, or other similar obstruction, on a highway without fencing, barricading and marking it with warning lights.

Removing a notice or ticket

76   A person must not remove a notice or a ticket affixed or placed on a vehicle by a bylaw enforcement officer, unless the person is the owner or the driver of the vehicle.

Interfering with a tire marking

77   A person must not remove, or otherwise interfere with, a tire marking placed by a bylaw enforcement officer.

Interfering with a traffic control device or sign

78   A person must not do any of the following:

(a) tear down, remove, displace, deface or in any way interfere with a traffic control device, guide post or structure lawfully erected on a highway;

(b) alter, repaint, tear down or remove a sign, advertisement or guide post lawfully erected or maintained on a highway.

Soliciting rides

79   A person must not stand, walk or run on a highway to solicit a ride from a driver of a vehicle, unless the vehicle is a public conveyance.

Panhandling

80   A person must not panhandle from another person in a motor vehicle that is

(a) parked,

(b) standing at a traffic control device, or

(c) parked for the purpose of loading or unloading.

Distributing leaflets

81   A person must not distribute leaflets by placing them on a part of a vehicle that is on a highway.

Impeding or obstructing a person

82   A person must not impede or obstruct another person on a highway, unless the person is picketing in accordance with the Labour Relations Code.

Public urination or defecation

83   A person must not urinate or defecate on a highway.

Application fees

83.1   An application fee of $35 applies in respect of each application for a highway use permit, highway excavation permit, and overload or oversize vehicle permit.

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Highway use permit fees

84   The fee that applies to a type of highway use permit set out in Column 1 of Table 2 is the fee set out in Column 2 of Table 2 opposite the type of highway use permit.

Highway excavation permit fees

85   The fee that applies to a type of highway excavation permit set out in Column 1 of Table 3 is the fee set out in Column 2 of Table 3 opposite the type of highway excavation permit.

Inspection fees

86   The fee that applies to a type of inspection set out in Column 1 of Table 4 is the fee set out in Column 2 of Table 4 opposite the type of inspection.

Overload or oversize vehicle application, inspection and permit fees

87   (1) The fee that applies to a type of application or overload or oversize vehicle permit set out in Column 1 of Table 5 is the fee set out in Column 2 of Table 5 opposite the type of application or overload or oversize vehicle permit.

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(2) In addition to the fees payable under subsection (1), the fee that applies to an overload vehicle permit set out in Column 1 of Table 6 is the fee set out in Column 2 of Table 6 opposite the weight differential pertaining to any axle, axle group or the entire vehicle.

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