BYLAW 16-16 A BYLAW OF THE TOWN OF OKOTOKS IN THE PROVINCE OF ALBERTA TO REGULATE TRANSPORTATION OF DANGEROUS GOODS WITHIN THE TOWN OF OKOTOKS WHEREAS pursuant to Section 17( 1) of the Dangerous Goods Transportation and Handling Act, Revised Statutes of Alberta 2000, Chapter D- 4, and amendments thereto, a Council may pass bylaws with respect to highways under its direction, control and management for the transportation of dangerous goods; and WHEREAS Council deems it necessary in the interest of public safety to restrict vehicles transporting dangerous goods to dangerous goods routes as much as possible; NOW THEREFORE the Council of the Town of Okotoks enacts as follows: 1. SHORT TITLE This Bylaw may be known as the 'Transportation of Dangerous Goods Bylaw". 2 DEFINITIONS Any terms not defined in this Bylaw shall have the meaning as defined in the Dangerous Goods Transportation and Handling Act, RSA 2000, Chapter D-4, and amendments thereto, as applicable, and the Traffic Safety Act, RSA 2000, Chapter T- 6, and amendments thereto, as applicable for the purposes of the interpretation and the application of this Bylaw. In this Bylaw, unless the context otherwise requires: 2. 1 B -train means a combination of vehicles composed of a truck tractor, a semi- trailer attached to the rear end of the truck tractor, and a semi -trailer attached to the rear end of the lead semi -trailer by means of a fifth wheel mounted on the rear of the lead semi -trailer; 2. 2 Carrier means any person transporting dangerous goods in, into, through or out of the Town by any vehicle; 2. 3 Central Business District means that portion of the Town as defined in Schedule "B" attached to and forming part of this Bylaw; 2. 4 Chief Administrative Officer (CAO) means the CAO of the Town of Okotoks appointed by Council, or designate; 2. 5 Council means the Council of the Town of Okotoks;
Page 1 of 12 2. 6 Dangerous goods means dangerous goods for which placards are required by the Dangerous Goods Transportation and Handling Act and Regulations; 2. 7 Dangerous goods route sign means those signs identified in Schedule D" attached to and forming part of this Bylaw; 2. 8 Dangerous goods route means any highway so designated in Schedule A" attached to and forming part of this Bylaw which may be posted with dangerous goods route signs; 2. 9 Inspector means a person or a member of a class of persons designated as an Inspector under section 6. 1 of the Dangerous Goods Transportation and Handling Act, Chapter D-4, RSA 2000 and amendments thereto. 2. 10 Okotoks Business Park means that portion of the Town as defined in Schedule " B" attached to and forming part of this Bylaw; 2. 11 Peace Officer means: a) a member of the Royal Canadian Mounted Police; b) a Community Peace Officer as appointed by the Solicitor General of Alberta; or c) a Bylaw Enforcement Officer as appointed by the Town of Okotoks to enforce bylaws of the Town; 2. 12 Service station or repair depot means any premises licensed for the purposes of dispensing fuel or carrying out mechanical repairs; 2. 13 Southbank Business Park means that portion of the Town as defined in Schedule "B" attached to and forming part of this Bylaw; 2. 14 Town means the Town of Okotoks, a municipal corporation in the Province of Alberta, and where the context so requires, means the area of land within the corporate boundaries thereof; 2. 15 Truck route means a truck route as defined in the Town of Okotoks Truck Route Bylaw; 2. 16 Vehicle storage location means any area which is at least one hundred and fifty ( 150) metres away from the nearest residential, institutional or assembly occupancy, or other location, acceptable to the Fire Chief or the Chief Administrative Officer;
Page 2 of 12 2. 17 Violation tag means a notice or tag in the form as approved by the Chief Administrative Officer, issued by the Town, allowing a voluntary payment option of a fine established under this Bylaw; 2. 18 Violation ticket means a ticket issued pursuant to Part 2 of the Provincial Offences Procedures Act, Revised Statutes of Alberta 2000, Chapter P- 34, and any amendments or regulations thereto. a TRUCK ROUTE BYLAW 3. 1 Subject to this Bylaw, all trucks transporting dangerous goods are also subject to the Town of Okotoks Truck Route Bylaw and any amendments thereto. 4. DANGEROUS GOODS ROUTE EXCEPTIONS 4. 1 Subject to Section 6, no carrier shall transport dangerous goods other than on a dangerous goods route except: a) to obtain or deliver dangerous goods from or to a location off a dangerous goods route or to gain access to a vehicle storage location, in which event the carrier shall: proceed on a dangerous goods route to the truck route which forms the most direct route to the collection or delivery point or the vehicle storage location; proceed on the truck route specified in i. directly to the collection or delivery point, the vehicle storage location or to the street which forms the most direct route thereto; if applicable, proceed on the street specified in ii. directly to the collection or delivery pointorthe vehicle storage location; and iv. return to the dangerous goods route on the same street and truck route; or b) to obtain emergency repairs or service at the nearest service station or repair depot located on a truck route or in an Unrestricted Truck Zone, as described in the Town of Okotoks Truck Route Bylaw.
Page 3 of 12 5 STOPPING 5. 1 No carrier shall stop within the Town except: a) in compliance with a Peace Officer, an Inspector or a traffic control device; b) to load or unload; c) to repair or refuel the vehicle; or d) at a vehicle storage location. a CENTRAL BUSINESS DISTRICT / OKOTOKS BUSINESS PARK / SOUTHBANK BUSINESS PARK 6. 1 No carrier shall transport dangerous goods in the Central Business District between the hours of 0600 and 2100, Monday to Saturday, both inclusively. 6. 2 No carrier shall transport dangerous goods in the Central Business District in any combination of vehicles that includes a trailer except a single trailer attached to a truck tractor. 6. 3 A carrier may transport dangerous goods to a service station in the Okotoks Business Park or Southbank Business Park with a tractor, trailer and pup with a definition of no greater than a B -train. When discharging its goods, the vehicle combination must be parked in a manner so that it will not obstruct the natural movement of vehicles or pedestrians. 7. SPECIAL PERMITS 7. 1 A carrier may apply for a special permit to transport dangerous goods off a designated dangerous goods route in the Central Business District other than in the manner set out in Section 4 and Section 6. 7. 2 A special permit may be issued by the Chief Administrative Officer by contacting Municipal Enforcement Services. Applications shall contain evidence to support that compliance with Section 4 or Section 6 is impracticable. 7. 3 The special permit may grant total or partial exemption from the requirements of Section 4 or Section 6 and may impose any terms and conditions considered necessary in the circumstances to safeguard the citizens of the Town and their property. 7. 4 Any contravention of the terms and conditions contained in a special permit issued pursuant to Section 7. 3 shall render such special permit invalid.
Page 4 of 12 a INSPECTIONS 8. 1 A carrier shall, when requested to do so by a Peace Officer, produce for such officer's inspection the shipping document showing the description, origin and destination of all consignments of dangerous goods being transported. 8. 2 Particulars obtained by a Peace Officer from a shipping document produced under Section 8. 1 and submitted as evidence in Court shall be prima facie proof of the particulars thereon without proof of signature or official capacity of the person signing the shipping document. 9. ENFORCEMENT 9. 1 Any carrier who contravenes any provisions of Section 4, 5, 6, or 7 of this Bylaw, or any other person responsible for any contraventions of Section 4, 5, 6, or 7 of this Bylaw, is guilty of an offence and is liable on summary conviction to a fine of not more than Ten Thousand ($ 10,000) Dollars, imprisonment for a term not exceeding six ( 6) months, or both. 9. 2 Where there is a specified penalty listed for an offence in Schedule " E" to this Bylaw, that amount is the minimum specified penalty for an offence. 9. 3 In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day or part of a day on which it continues. 9. 4 The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs from which that person is liable under the provisions of this Bylaw or any other Bylaw. 9. 5 Any Peace Officer who has reasonable and probable grounds to believe that any person has contravened any provision of this Bylaw may issue and serve: a) a violation tag allowing a payment of the specified penalty to the Town; or b) a violation ticket allowing payment according to the provisions of the Provincial Offences Procedures Act Revised Statues of Alberta 2000, Chapter P- 34 and amendments thereto. 9.6 Service of a violation tag will be sufficient if it is: a) personally served; or b) served by regular mail to the person' s last known mailing address.
Page 5 of 12 9.7 If a violation ticket is issued in respect to an offence, the violation ticket may: a) specify the fine amount established by this Bylaw for the offence; or b) require a person to appear in Court without the alternative of making a voluntary payment. 9. 8 A person who commits an offence may: a) if a violation ticket is issued in respect of the offence; and b) if the violation ticket specified the fine amount established by this Bylaw for the offence; make a voluntary payment equal to the specified fine by delivering the violation ticket and the specified fine to the Provincial Courthouse specified on the violation ticket. 10. SEVERABILITY 10. 1 It is the intention of Council that each separate provision of this Bylaw shall be deemed independent of all other provisions herein and it is the further intention of Council that if any provision of this Bylaw is declared invalid, al other provisions hereof shall remain valid and enforceable. 11. GENERAL 11. 1 Any person who contravenes any provision of this Bylaw by: a) doing any act or thing which the person is prohibited from doing; or b) failing to do any act or thing the person is required to do; is guilty of an offence and any offence created pursuant to this Bylaw is a strict liability offence for the purposes of prosecution under this Bylaw. 11. 2 Nothing in this Bylaw relieves a person from complying with any provision of any federal or provincial law or regulation, other Bylaw, or any requirement of any lawful permit, order or license. 11. 3 Words in the singular include the plural and words in the plural include the singular. 11. 4 This Bylaw is gender -neutral and, accordingly, any reference to one gender includes the other.
Page 6 of 12 11. 5 Schedules "A", " B", " D", and " E" shall form a part of this Bylaw and may, from time to time, be amended by Council. 11. 6 Schedule " C" is for the convenience of reference only and the omission of a dangerous goods route from it or the indication of a dangerous goods route on it shall not be deemed for the purposes of this Bylaw to contradict or over -ride the designation of dangerous goods routes as set out in Schedule " A" of this Bylaw. Bylaw 13-11 of the Town and any amendments thereto are hereby repealed upon this Bylaw coming into effect. This Bylaw comes into full force and effect upon approval by the designated Minister pursuant to Section 17( 2) of the Dangerous Goods Transportation and Handling Act. READ A FIRST TIME this 27th day of June, 2016. READ A SECOND TIME this 18th day of July, 2016. May Municipal S cret Approved pursuant to Section 17 of the Dangerous Goods Transportation and Handling Act this.6"day of READ A THIRD TIME AND PASSED this /a' 1' day of 2016. Mayor CW1il uni._ -. ry A I moi
Page 7 of 12 SCHEDULE" A" DANGEROUS GOODS ROUTES WITHIN OKOTOKS THOROUGHFARE FROM TO Northridge Drive North Town Limits Sheep River Bridge Southridge Drive Sheep River Bridge Intersection of Highway 7 Highway 7 Southridge Drive West Town Limits 32nd Street North Town Limits South Town Limits DANGEROUS GOODS ROUTE IN THE M. D. OF FOOTHILLS TO ACCESS THE TOWN OF OKOTOKS THOROUGHFARE FROM TO 338th Avenue Highway 2A Intersection of 32nd Street 32"d Street 33811 Avenue North Town Limits
Page 8 of 12 SCHEDULE" B" CENTRAL BUSINESS DISTRICT Commencing at the northeast corner of Northridge Drive and Elma Street West; Then east along the north boundary of Elma Street West to its intersection with the east boundary of Veterans Way; Then south along the east boundary of Veterans Way to its intersection with the south side of Elizabeth Street; Then west along the south boundary of Elizabeth Street to its intersection with the southeast corner of Northridge Drive; Then north along the east boundary of Northridge Drive ending at the northeast corner of Northridge Drive and Elma Street West. OKOTOKS BUSINESS PARK Includes all highways within the Okotoks Business Park as follows: Stockton Avenue, Stockton Point, Fisher Street, Fisher Crescent, Fisher Place, and Fisher Gate. SOUTHBANK BUSINESS PARK Includes all highways within the Southbank Business Park from the east side of 321d Street to the east Town limits and from the north side of Highway 7 to the south bank of the Sheep River excluding any portion of an Environmental Protection District as defined in the Town of Okotoks Land Use Bylaw.
N 32nd ST E w
Page 10 of 12 SCHEDULED" DANGEROUS GOODS ROUTE SIGNS Dangerous Goods Route Signs will be used to indicate regulations solely to the movement on streets and highways of vehicles classified as dangerous goods carriers. Dangerous Goods Route Sign ( RB -69) as prescribed by legislation, permits travel along a street or highway. The sign shall be supplemented with proper advance and directional arrows ( 1 B- 5 to 1 B- 9) to indicate a turn or a change in the direction of a designated route. Advance turn arrows shall be installed at a point not less than 50 m nor more than 150 m in advance of an intersection where the route changes direction. The tab sign ( RB -69T) may be used for an educational period. The signs shall be reflectorized or illuminated to show the same color and shape by night as by day. Dangerous Goods Prohibition Sign indicates that dangerous goods carriers, as prescribed by legislation, are prohibited from travelling upon a street or highway. The sign will be installed along the street or highway on which the dangerous goods carriers are prohibited, at the point at which such street or highway intersects a dangerous goods route, to prohibit the illegal entry of these vehicles.the tab sign RB -69T) may be used for an educational period. The signs shall be reflectorized or illuminated to show the same color and shape by night as by day.
Page 11 of 12 SCHEDULE" E" SECTION OFFENCE PENALTY PENALTY 1st Offence Subsequent Offences 4. 1 Carrier transport dangerous goods in 500. 00 1000. 00 contravention of provisions 5. 1 Carrier stop within Town in contravention of 500. 00 1000. 00 provisions 6. 1 / 6. 2 Carrier transport dangerous goods in 500.00 1000. 00 district or park during prohibited hours 6. 3 Carrier transport dangerous goods in 500. 00 1000. 00 district or park in prohibited combination vehicle 6. 4 Carrier park vehicle so as to obstruct 500. 00 1000. 00 movement of vehicles or pedestrians 8. 1 Carrier fail to produce shipping documents 500. 00 1000. 00 for dangerous goods being transported