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[Updated to November 2, 1999]
317. (1) The Council may make by-laws
(a) for regulating pedestrian, vehicular, and other traffic and the stopping and parking of vehicles upon any street or part thereof;
(b) for authorizing a police constable to arrest without warrant any person whom he finds committing a breach of any provision of a by-law passed pursuant to the provisions of this Act respecting traffic if such person shall fail to stop and state his name and address when so requested by such police constable;
(c) for defining and classifying vehicles, and for differentiating and discriminating between classes of vehicles in the exercise of any of the powers of the Council with respect to the use of streets;
(d) subject to the Motor Vehicle Act, for regulating and fixing the rate of speed of all vehicles, or of any class of vehicles, on any street in any zone, place, or area designated by by-law;
(e) for regulating the use of any street by persons sliding or coasting by means of sleds, skis, snowboards, skates, skateboards, roller skates, rollerblades or any other devices specified in the by-law;
(e.1) providing that if a sled, snowboard or skateboard is used, or skis are used, in contravention of a by-law under paragraph (e),
(i) any member of the police department may seize and detain the device,
(ii) the owner of the device be required to pay to the city the amount fixed by the by-law as expenses of the seizure and detention, including storage and other charges, and
(iii) the city may collect expenses referred to in subparagraph (ii) by the sale of the device at public auction or private sale, as directed by the by-law;
(f) for classifying streets and parts thereof and differentiating between classes of them in the exercise of any of the powers of the Council with respect to the use of streets;
(g) for fixing the times when and the terms upon which all or certain classes of vehicles may or may not be used on any particular street or part thereof;
(h) for defining and classifying carriers, whether of persons or chattels, and for differentiating and discriminating between classes of carriers in the exercise of any of the powers of the Council with respect to carriers;
(i) for fixing routes to be taken by carriers of persons or chattels using any street;
(j) subject to the provisions of the Motor Carrier Act, for fixing the maximum and minimum charges to be made by such carriers or any class thereof, which charges may be based upon zones or districts designated by by-law;
(k) for providing that, subject to an appeal to the Council in accordance with the procedure prescribed by by-law, the Council may delegate to a board appointed by the Council any or all the powers vested in the Council with respect to the operation by carriers of any vehicle on any street, including the powers contained in section 272 as to licensing and regulation and in clause (j) of this section as to charges to be made by carriers and in clause (m) of this section as to limiting the number of vehicles with respect to which persons may be licensed in any class of carriers;
(l) for regulating chauffeurs and other drivers of vehicles used by carriers on a street in connection with their business;
(m) for regulating the number of vehicles with respect to which persons may be licensed in any class of carriers;
(n) for regulating the use of bicycles, or other vehicles propelled by human muscular power, on any street or other public place, and for compelling the owners thereof to register the same annually pursuant to regulations provided by by-law, and for imposing a fee for such registration not exceeding one dollar per annum for each such vehicle;
(o) for making it a condition of the granting and holding of any licence to a carrier that such carrier
(i) be the holder of a subsisting policy of insurance issued by an insurer authorized to carry on business in the Province, or by Lloyd’s, in such amounts and against such hazards as shall be specified in the by-law; or
(ii) has given proof of financial responsibility pursuant to Motor Vehicle Act or the Motor Carrier Act
covering every vehicle in respect of which such carrier is licensed;
(p) (i) for fixing standards of safety and of repair to be required of vehicles other than trolley-coaches, while parked or being operated on any street, and for requiring the owners and operators of such vehicles to present the same for inspection as to safety and repair at such place and at such times as the by-law prescribes, and for imposing a charge for such inspection and for prohibiting the use or operation on any street of any vehicle which has not been presented as required for inspection pursuant to the by-law or, having been presented, fails to pass such inspection;
(ii) for appointing a Superintendent, Motor-vehicle Inspection, and delegating to such Superintendent or his assistants or inspectors any or all of the powers of inspecting and passing or failing to pass, in accordance with the standards of safety and repair so fixed, vehicles other than trolley-coaches;
(q) for acquiring real property and providing and maintaining thereon the necessary buildings, equipment, and appurtenances for carrying out the inspection in the last clause mentioned;
(r) for regulating the use of any street by horses or other animals, and for prohibiting any person from allowing his horse or other animal to be on a street unattended, except as may be provided by by-law;
(s) for regulating, in respect of any street or class of streets, the gross weight of vehicles with or without loads; the weight on any axle, tire, or wheel, or any combination thereof; the width, length, height of any vehicle or part thereof; the width, length, height, or number of any combination of vehicles; the width, length, height of any load, or vehicle and load combined; the fastening and distribution of loads; the kind, width, size, and inflation of tires or tracks; and, subject to the provisions of the Motor Vehicle Act, the number, kind, size, location, distribution, colour, and brilliance of lights on vehicles; and for delegating to the City Engineer any of the matters referred to herein in respect of any particular vehicle or class of vehicles;
(t) for requiring the owner, possessor, or harbourer of any dog to keep it from running at large on any street;
(u) (i) for designating streets or portions of streets on which a distinguishing single line or double line shall be marked, which lines need not be in the middle of the travelled portion of the street, and, notwithstanding anything contained in the Highway Act, for prescribing that all vehicles shall be kept to the right of such double line at all times, and to the right of such single line except when passing an overtaken vehicle elsewhere than at a curve in the street;
(ii) for marking traffic-lanes on streets, and, notwithstanding anything contained in the Highway Act, for regulating the driving of vehicles within such lanes;
(iii) for delegating to the City Engineer, or such other person as shall be named for the purpose, any or all the powers of designating or marking mentioned in this clause;
(v) for locating, establishing, and maintaining, in any street, areas or platforms reserved for the use of pedestrians only, as safety-zones, and for providing for the use of such safety-zones and the regulation of vehicular traffic in proximity thereto, and for providing such markings or warning-signs as may be thought necessary to identify such safety-zones;
(w) for designating streets, or portions of streets, upon which no vehicles shall be stopped or parked or only such vehicles or classes thereof at such times and upon such conditions as may be prescribed, and for delegating to the City Engineer or such other person as shall be named for the purpose all or any of such powers so to designate or prescribe;
(x) for acquiring real property for the use of the public for the parking of vehicles, and for providing and maintaining thereon the necessary buildings and equipment therefor, and for operating and managing the business of affording parking accommodation thereon, and for allowing persons to use portions of such real property for the parking of vehicles upon such terms and conditions and for such fee or charge as may be prescribed in the by-law;
(y) for entering into leases or other agreements with persons desiring to take over and operate such real property for the business referred to in clause (x) of this section, and for prescribing the terms and conditions and the rent or other remuneration to be paid to the city therefor;
(z) for appointing a commission to which the Council may delegate any or all of the powers exercisable by it under clauses (ee), (x), and (y) of this section;
(aa) for locating, erecting, maintaining, and operating on any street automatic or other mechanical meters with the necessary standards and connections for the purpose of allotting parking-spaces on the street for vehicles and of measuring and recording the duration of such parking, and for requiring the operators of every vehicle parked in such space to make use of the said meters and deposit therein a fee for parking in the manner and at the rate prescribed by by-law and as measured by the meter, and for prohibiting any person from parking in such a space unless such meter is made use of and such fee is paid;
(bb) for closing a street, or portion of a street, to vehicular traffic and not to pedestrian traffic, or vice versa;
(cc) for
(i) authorizing the removal and detention or impounding of a vehicle, whether being driven or not, or other chattel that is unlawfully placed, left, kept or driven on a street,
(ii) requiring the owner of a vehicle or chattel dealt with under this paragraph to pay to the city the amounts fixed by the by-law as the expenses of the removal and detention or impounding, including towing, storage and other charges,
(iii) enabling the city to collect expenses referred to in subparagraph (ii) by the sale of the vehicle or other chattel at public auction or private sale as directed by the by-law or by action in a Court of competent jurisdiction,
(iv) providing that, for the purposes of this section, a vehicle shall be deemed to be a vehicle unlawfully left on a street if the vehicle has
(A) an automobile security system that is operating in contravention of a by-law, or
(B) a horn that is audibly sounding for a period of more than 10 minutes, and
(v) providing that any other vehicle that comes into the hands of the police shall be held and dealt with in accordance with the provisions of the by-law;
(dd) for delegating to the Park Board all or any of the powers of the Council with respect to traffic upon a street, or portion of a street, in a park, as defined in Part XXIII of this Act;
(ee) for acquiring by conveyance, lease, licence, or otherwise any property for the parking of vehicles, for providing and maintaining thereon the necessary buildings and equipment therefor, for operating and managing the business of affording parking accommodation thereon, and for entering into leases or other agreements with any person desiring to take over such property or to commence, carry on, manage, or take over such business upon such terms and conditions as may be deemed advisable by Council.
(2) Despite subsection (1), if the Council or Park Board adopts a by-law under that subsection that contains a provision regulating or fixing the rate of speed at which a person may drive or operate a vehicle on a street, a person who contravenes that provision does not commit an offence against the by-law.
1953-55-317; 1954-65-4; 1955-114-11; 1959-107-19; 1963-60-13,14; 1967-49-14; 1968-71- 15,16; 1978-41-24; 1992-57-7; 1993-74-11; 1994-52-163; 1995-53-40; 1997-25-182; 1997- 37-74.
318. (1) The Council may provide
(a) for locating, establishing, and maintaining on any street such traffic signs, stop-signs, traffic lights or reflectors, traffic disks, markers, blocks, standards, indicators, traffic-control signals, or other devices or apparatus, whether automatic or manual, as may be deemed necessary for the regulation, direction, and control of traffic on any street, and for delegating to the City Engineer, or such other person as shall be named for the purpose, any or all the powers of locating, establishing, and maintaining mentioned in this clause;
(b) for authorizing the City Engineer or other person to designate by traffic signs and markings such portions of streets as in his discretion should be designated as school crossings or playground crossings, and, subject to the Motor Vehicle Act, for regulating traffic at such crossings, and for inflicting a minimum fine of fifteen dollars for any breach of such regulations;
(c) for designating certain streets, or portions of streets, upon which at all times, or during specified hours, vehicular traffic may move only in a named direction;
(d) for empowering police constables to give directions during an emergency for the regulation or diversion of traffic upon a street in cases where
(i) it is necessary or desirable to expedite traffic or relieve traffic congestion; or
(ii) it is necessary to deal with accidental or other unexpected conditions affecting traffic; or
(iii) the safety of persons or property will be protected;
and for requiring that all persons shall comply with any direction so given, notwithstanding that it is at variance with a traffic-control signal, traffic sign, or the like.
(2) Despite subsection (1), if the Council or Park Board adopts a by-law under that subsection that contains a provision regulating or fixing the rate of speed at which a person may drive or operate a vehicle on a street, a person who contravenes that provision does not commit an offence against the by-law.
1953-55-318; 1960-80-5; 1995-53-41.
319. The Council may make by-laws
(a) for regulating parades and processions in or along any street, and for delegating to the Chief Constable the power to grant or refuse permits for such parades or processions and, when granted, to prescribe the routes of travel to be followed so as to prevent undue interference with other street traffic;
(b) for regulating the assembling or gathering of persons in or upon a street;
(c) for regulating the sale, or the offering or exposing for sale, of any merchandise or thing upon a street;
(d) for regulating the exhibiting or placing of advertising-matter on, in, or above any street or on any pole or projection therein, including the billboards, hoardings, or other means used in connection with such advertising-matter;
(e) for regulating the distribution of advertising-matter to persons or vehicles on any street, and for prohibiting persons from distributing any such matter if it is likely to be thrown or left upon a street;
(f) for regulating the use of any street for the making of motion pictures, television productions, festivals, races or other events, including the power to temporarily close streets to vehicular traffic, pedestrian traffic or both and to levy fees therefor.
1953-55-319; 1990-76-6.
320. The Council may make by-laws
(a) [Repealed 1987-52-26.]
(b) for assigning names to streets and changing the names so assigned when deemed necessary, and affixing or otherwise displaying of such names at street corners or other convenient places either on a street or on private property.
1953-55-320; 1965-68-26; 1987-52-26.
321. The Council may cause the necessary filings with respect to such naming or changing of names to be made in the land title office or elsewhere.
1953-55-321; 1978-25-334, proclaimed effective October 31, 1979; 1997-25-183.