Nanaimo By-law 5000, s. 1(a) — Traffic and Highways Regulation Bylaw
Traffic and Highways Regulation Bylaw
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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; or 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" means a device having any number of wheels that is propelled by human power and on which a person may ride. Bylaw No. 5000 (Consolidated Version) “GENERAL MANAGER, means the person duly appointed who has functional responsibility and ENGINEERING AND accountability for operations of Engineering and Public Works departments PUBLIC WORKS” and includes any person appointed or designated to act on their behalf. (Bylaw 5000.048) "DIRECTOR OF PARKS Deleted (Bylaw 5000.048) AND RECREATION" "EMERGENCY means:
- VEHICLE"
- (a) A motor vehicle carrying rescue or first aid equipment where there is an urgent emergency justifying a rate of speed in excess of maximum rate of speed provided for in this Bylaw or the Motor Vehicle Act.
- (b) A motor vehicle driven by a member of the City of Nanaimo Fire Department in the discharge of his duties.
- (c) A motor vehicle driven by a Peace Officer, Constable or member of the Police Branch of Her Majesty's Armed Forces in the discharge of his duties. "FIRE CHIEF" means the person duly appointed as such from time to time, and includes any person appointed or designated by the Chief to act on his behalf. "FARM VEHICLE" means a 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 use for pleasure and is not used in connection with any other business in which the owner may be engaged. "GOVERNMENT means a vehicle operated by the City of Nanaimo, the Regional District of VEHICLE" Nanaimo, the Province of British Columbia or the Government of Canada. "HIGHWAY" includes every highway within the meaning of the Highway Act, and every road, street, lane or right-or-way designed or intended for or used by the general public for the passage of vehicles, and every place or passage way to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited; and every place or passage way owned or operated by the City of Nanaimo for the purpose of providing off-street parking. "HOLDER OF A means the person or company in whose name a building permit is issued. BUILDING PERMIT" "HORSEPOWER" means the gross horsepower of the engine of the towing vehicle as customarily rated by the manufacturer. "HOTEL LOADING means a designated parking zone designed for the exclusive use of a hotel ZONE" for the purpose of loading and unloading hotel guests. "LANE" means any highway not exceeding 8m in width. "MAXIMUM POSTED means the longest period of time that a parking meter is capable of being TIME" continuously operated and as displayed in the window of the parking meter. Bylaw No. 5000 (Consolidated Version) "METERED SPACE" means a section of highway at which a parking meter has been installed, and this shall apply whether or not there are lines painted on the surface of the highway to designate the space. "MOTOR VEHICLE" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires. "MUNICIPAL LICENCE means a licence decal issued to commercial vehicles pursuant to Part II, DECAL" Division (2) of the Municipal Act. "OFF-STREET PARKING means any real property owned, leased, possessed or otherwise held by FACILITY" the City of Nanaimo from time to time, for the purpose of providing off-street parking and designated as an "Off-Street Parking Facility" in Schedules "B" and "N" attached to and forming part of this Bylaw. "OCCUPIER" means a person
- (a) who is qualified to maintain an action for trespass;
- (b) in possession of Crown Land or land owned by a municipality under a lease, licence, agreement for sale, accepted application to purchase, easement, or other record from the crown or municipality, or who simply occupies the land. "OPERATING" in respect of a parking meter means that the meter has been coin activated, and is measuring time. "OWNER" in respect of any real property means the registered owner of an estate in fee simple, and in the event of there being registered an agreement for sale and purchase, "Owner" means the registered holder of the last registered agreement for sale and purchase. In the case of real property held in the manner mentioned in Sections 409 and 410 of the Municipal Act, "Owner" means the holder of or occupier as therein set out; and for the purpose of this Bylaw shall include the registered owner of a motor vehicle. "PARALLEL PARKING" means parking of a vehicle parallel to the curb or edge of highway. "PARKING METER" means an automatic or other mechanical device for the purpose of allotting, measuring and recording the duration of parking. "PARK" when prohibited, means the standing of a vehicle, whether occupied or not. "PEACE OFFICER" means a Constable or person having the powers of a Constable and includes a Bylaw Enforcement Officer under the provisions of the Police Act. "PEDESTRIAN" means a person afoot, or an invalid or child in a wheelchair or carriage. "PERMIT" means a document in writing issued pursuant to this Bylaw. Bylaw No. 5000 (Consolidated Version) "PERSON" shall include any corporation, partnerships, firm or association and for the purpose of this Bylaw shall include the registered owner of a motor vehicle. “PLEASURE CRAFT” means a craft intended for personal use and not commercial purposes. (Bylaw 5000.039) “RECREATIONAL means the use of a pleasure craft for the purpose of water sports or leisure BOATING” (Bylaw 5000.039) activities. "RESIDENTIAL AREA" means any area zoned residential or residential multiple in the Zoning Bylaw currently in force in the City of Nanaimo and shall include any highway abutting or adjacent to such zones. “SAFE WORKING LOAD” means (Bylaw 5000.014)
- (a) the maximum load as warranted by the manufacturer or by a professional engineer, repeatedly applied, that the tie down is capable of withstanding with complete safety throughout its normal service life, or
- (b) where the manufacturer or professional engineer has not designated the safe working load, a value equal to 25 percent of the ultimate tensile strength of the tie down as supplied by the tie down manufacturer. "SEMI-TRAILER" means a vehicle without motive power designed to be drawn by a motor vehicle or truck tractor and which is so constructed that some part of its weight and some part of the weight of its load rests upon and is carried by the towing vehicle or truck tractor, and includes a pole trailer, but does not include a vehicle having a gross vehicle weight of less than 700 kg (1550 lbs.) which is licenced pursuant to the Motor Vehicle Act. "SIDEWALK" means the area between the curb-lines or lateral lines of a highway and the adjacent property lines improved for use of pedestrians or any other improved area set aside for pedestrian use only. “SLOW MOVING means a vehicle, combination of vehicles or other machinery or equipment VEHICLE” that is designed for use, and normally travels on a highway at a speed of (Bylaw 5000.014) 40 km/h or less but does not include an antique motor vehicle or a collector motor vehicle. “SOLICIT” means, without consideration, to ask for money, donations, goods or other (Bylaw 5000.038) things of value whether by spoken, written or printed word or bodily gesture, for one’s self or for any other person, and solicitation has a corresponding meaning, but does not include soliciting for charity by a registered charity. “SPRING LASH” means the amount of free play in leaf type suspensions caused by the (Bylaw 5000.014) vertical gap between the main spring leaf and the rebound constraints or slippers. Bylaw No. 5000 (Consolidated Version) "TAXI CAB" means a motor vehicle that is designed to carry not more than 10 persons which, with its driver, is operated or plies for hire and includes a limousine. "TAXI ZONE" means a designated parking zone designed for the exclusive use of a specified taxi company. "TDM" means ticket dispensing machine. "TICKET DISPENSING means a coin operated device which stamps and disburses parking permits MACHINE" for use in an off-street parking facility. "TRAFFIC" includes pedestrians, ridden or herded animals, vehicles, cycles and other conveyances, either singly or together, while using a highway for purposes of travel. "TRAFFIC CONTROL means a sign, signal, line parking meter, ticket dispensing machine, DEVICE" marking, yellow curb, space, barrier, or any other device, placed or erected by authority of the Council or person duly authorized by the Council to exercise such authority. "TRAFFIC SIGNAL" means a traffic control device, whether manually, electrically or mechanically operated by which traffic is directed to stop and 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 Public Schools Act or authorized by the Chief of Police. "TRAILER" includes a vehicle without motive power designed to be drawn by or used in conjunction with a motor vehicle. "TRUCK TRACTOR" means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle so drawn and of the load of the other vehicle. “TRUST COMPANY” means an office or branch of a trust company to which the Trust and (Bylaw 5000.038) Loans Company Act (Canada) applies and in which deposit accounts are held. "VEHICLE" means a device in, upon, or by which a person or thing is or may be transported or drawn upon a highway, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks. Bylaw No. 5000 (Consolidated Version) "YELLOW CURB" means a traffic control device that, in accordance with the regulations pursuant to the Motor Vehicle Act, prohibits the stopping, parking, leaving or standing of any motor vehicle, either attended or unattended, or in compliance with the direction of a Peace Officer.
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Related sections
- 2(a)
- 1 , Nanaimo District and of the bed of the public harbour of Nanaimo, Plan VIP79754. (Bylaw 5000.036) "COMBINATION OF means a combination of motor vehicles and trailer, or motor vehicle and VEHICLES" trailers
- Part 1 ENFORCEMENT DIVISION (1) OFFENCES OTHER THAN PARKING
- 3 Restrictions Except where otherwise directed by the General Manager, Engineering and Public Works (Bylaw 5000.048), a Peace Officer, or a person authorized by a Peace Officer to direct traffic,
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