HomeMy Public PortalAbout1051-21 TRAFFIC (WARD 1)A BY-LAW TO REGULATE TRAFFIC IN THE TOWN OF SUSSEX
BY-LAW # 1051-21
The Council of Sussex, under authority vested in it by the Local Governance Act
R.S.N.B. (2017), Chapter M-18 and amendments thereto and in accordance with
the Motor Vehicle Act, R.S.N.B. (1973), Chapter M-17 and amendments thereto
enacts as follows:
L TITLE
This By -Law may be cited as the "Town of Sussex Traffic By -Law".
II. INTERPRETATION
In this By -Law:
(a).
"By Law Enforcement Officer" means any person authorized by
Council to enforce provisions of this By -Law of the Town;
(b). "Chief Administrative Officer" means the Chief Administrative
Officer of the Town of Sussex;
(c). "Clerk" means the Clerk of the Town of Sussex;
(d). "Council" means the Council of the Town of Sussex;
(e). "Hospital Zone" means an area which is designated a hospital
zone by signs or other devices or fifty meters in any direction
from the boundaries of the site on which is situated a hospital,
as defined in the Hospital Services Act;
(f).
"Loading Zone" means a highway or portion of a highway set
aside for the exclusive parking of commercial vehicles for the
purpose of loading or unloading merchandise;
Town of Sussex
By -Law # 1051-21
Page 2 of 12
(g).
"Mayor" means the Mayor of the Town of Sussex;
(h). "Municipality" means the Town of Sussex;
(1). "Police Officer" means:
(1)
i. A member of the Royal Canadian Mounted Police;
ii. A Police Officer appointed under Section 10, 11 or 17.3
of the Police Act;
iii. An Auxiliary Police Officer or an Auxiliary Police
Constable appointed under Section 13 of the Police Act,
where accompanied by or under the supervision of a
member of the Royal Canadian Mounted Police; and
iv. A peace officer appointed by the Minister the Police Act
as a Special Constable while discharging the
responsibilities and exercising the powers of a special
constable.
"Public Place" means any place either in a building or in the
open to which the public can and do have access, whether or
not the place is devoted exclusively to the uses of the public
and whether or not such access is with or without invitation or
permission including permission obtained by payment of an
admission charge, and without limiting the generality of the
foregoing, includes:
any square, common park, parking lot, picnic site,
playground, playing field, campground, church ground, or
yard, school ground or yard, the grounds of any public
building, or other open space;
the approaches to any yard or grounds, including parking
lots, or a place ordinarily used as a place of business, and
iii. any place to which the public habitually has resort;
Town of Sussex
By -Law # 1051-21
Page 3 of 12
(k). "Roadway Shoulder" means and includes any lateral of the
portion of a highway used outside the travel lane whether
marked or not;
"Town", when hereinafter used, shall mean and include all the
area within the boundary limits of the Town of Sussex;
(m).
"Treasurer" means the Treasurer of the Town of Sussex; and
(n). "Winter Season" means the period between November 30th and
the first day of April in the following year.
III. MOTOR VEHICLE ACT
Words used in this By -Law, which are defined in Section I of the Motor
Vehicle Act, R.S.N.B. (1973), Chapter M-17 and amendments thereto shall
have the meaning as so defined.
IV. THROUGH HIGHWAYS
All highways or streets identified in Schedule "A" herein are designated as
through highways or streets.
V. TRAFFIC CONTROL SIGNALS
Traffic control signals shall be erected, placed and maintained to regulate,
warn or guide traffic at the locations identified in Schedule "B" herein in
accordance with the standards provided under the Motor Vehicle Act.
VI. TRUCK ROUTES
(a). All highways or portions thereof identified in Schedule "C"
herein are designated as truck routes.
Town of Sussex
By -Law # 1051-21
Page 4 of 12
(b). All truck routes shall be marked with signs in accordance with
the Motor Vehicle Act of New Brunswick.
(c). The driver of any commercial vehicle having a gross mass of
forty-five hundred (4,500) kilograms or more shall not use any
highway within the Town except a truck route provided that
such driver may, for the purpose of delivery or taking delivery
of a load at a point of delivery within the Town not
immediately accessible to a truck route and of returning there
from, use the truck route to and from the entrance thereon
nearest the point of delivery and use the highway not being a
truck route which provides the shortest route between a truck
route and the point of delivery.
(d). The driver of any commercial vehicle having a gross mass of
forty-five hundred (4,500) kilograms or more shall not be
permitted to park and leave this vehicle on any municipally
owned street.
(e).
The provisions of this Section do not apply to:
i. vehicles owned by or under contract to the Town;
ii. vehicles owned by the Town of Sussex Fire Department;
iii. vehicles owned by the Province of New Brunswick; and
iv. vehicles owned by a public utility.
VII. ONE-WAY HIGHWAYS
(a).
All one-way highways or portion thereof identified in Schedule
"D" herein are designated one-way highways.
(b). All one-way highways shall be marked with signs in
accordance with the Motor Vehicle Act of New Brunswick.
Town of Sussex
By -Law # 1051-21
Page 5 of 12
VIII. RIGHT TURNS
(a). No person driving a vehicle traveling in a westerly direction on
Winter Street shall make a right turn on to Peter Street.
IX. LEFT TURNS
(a). No person driving a vehicle traveling in an easterly direction
on St. George Street shall make a left turn on to Oueen Street.
(b). No person driving a vehicle traveling in a westerly direction on
Maple Avenue shall make a left turn on to Main Street.
(c). No person driving a vehicle traveling in a southerly direction
on Oueen Street shall make a left turn on to Main Street.
(d). No person driving a vehicle in an easterly direction on Park
Street shall make a left turn on to Main Street.
X. STOPPING, STANDING AND PARKING
(a). No person shall obstruct any sidewalk by transferring
merchandise to or from a vehicle across such sidewalk for a
period exceeding five minutes except when authorized to do so
by a Police Officer.
(b). No person shall park any vehicle on either side of Summer
Street.
(c). No person shall stand or park a vehicle on that portion of a
highway which bounds any school premises between the hours
of 0730 and 1600 on any school day. This No Parking
requirement includes the side of the highway opposite that on
which the school premises lie.
(d). No person shall stand or park a vehicle unattended on that
portion of a highway on Main Street between the intersection
Town of Sussex
By -Law # 1051-21
Page 6 of 12
of Summer Street and the CNR railway crossing between the
hours of 0230 and 0700 hours of any day.
(e).
(g).
No person shall park a vehicle on a highway or a parking lot or
parking area in a location which has been designated as
Disabled Parking by a sign or markings which were erected or
painted by the Town of Sussex or by the owner of the land,
unless the motor vehicle is being used to transport a disabled
person and a disabled person parking permit or sticker which
was issued by the Province of New Brunswick is displayed on
or in a prominent place in the vehicle.
No person shall stop, stand or park a vehicle, whether attended
or unattended, in a designated fire lane of a mall, plaza,
church, school, commercial or industrial building, structural
building, or any place of public assembly.
No person shall stand or park a vehicle:
i. on that portion of any highway between the sidewalk and
the curb line of the highway;
ii. on any of the streets or portions of streets set out in
Schedule "E" herein (to this By -Law);
iii. within seven (7) metres of an intersection where there is no
crosswalk;
iv. in an area of a parking lot not designated for parking;
v. on any street or portions thereof having a measured width
between curbs of less than 6.5 metres;
vi. so as to prevent or obstruct the passing of other vehicles;
vii. within three (3) meters of an entrance to a church, school,
hotel, motel or post office;
(h). No person shall place or park upon any highway a vehicle, or,
part of a vehicle, abandoned merchandise parked and placed
Town of Sussex
By -Law # 1051-21
Page 7 of 12
for sale, or, displayed for sale, or, soliciting for offers for sale
and then receive offers for the same. Without restricting the
generality of this section a vehicle, or, part of a vehicle, or any
abandoned merchandise that is left standing unattended in one
location on a highway for more than 24 consecutive hours is
deemed to have been abandoned at that location.
No person shall place or park on any highway, at any time, a
motor vehicle for the purpose of sale or display for offer of sale
and, if a By -Law Enforcement Officer or Police Officer or other
person designated by Council orders the vehicle removed, the
owner of the vehicle shall be liable for the costs of removal,
towing and storage of the vehicle.
(j).
A Police Officer, By-law Enforcement Officer or other person
designed by Council, may move or cause to be moved any
vehicle found stopped or parked in violation of the provisions
of this By -Law on any highway within the Town. A vehicle so
moved under this section of the By -Law shall be stored in such
a place as the Police Officer may direct and the registered
owner of such vehicle at the time shall be liable for the costs
and charges for the moving and storage thereof.
XL LIMITED OR TIMED PARKING AREAS
All Limited Parking areas, streets and portions of streets, or, any parking
area described as reserved parking area or parking marked and designated
as time limited parking by an appropriate sign or markings showing the
time limits of permitted parking are set out in Schedule "F" herein.
XIL WINTER SEASON
No person shall park or leave a vehicle unattended on any highway within
this municipality in the Winter season between the hours of 0001 and 0700
the following day.
Town of Sussex
By -Law # 1051-21
Page 8 of 12
XIII. LOADING ZONES
No person shall, on a municipal street, stand, or stop or park a vehicle in
an authorized loading zone between Monday and Friday, inclusive, unless
it meets all of the following conditions:
(a)
the vehicle bears a commercial license plate or has commercial
signs prominently and permanently affixed to the vehicle
establishing that the vehicle is a commercial vehicle other than
a taxicab;
(b) the owner or driver of the vehicle is actually engaged in
loading or unloading of merchandise from the vehicle; and
(c) the vehicle occupies the loading zone for a maximum
continuous period of not more than ten (10) minutes.
XIV. PARADES, PROCESSIONS AND FUNERAL CORTEGE
(a). No parade or procession, which would cause a disruption in
the flow of traffic shall be held in the Town without obtaining
the approval of the Council or Council designate.
(b). For all events planned on a provincial highway within the
municipality, the District Highway Engineer must be advised in
writing with adequate advance notice and must be given
assurance that all relevant safety factors have been addressed.
XV. PEDESTRIAN RIGHTS AND DUTIES
(a) Pedestrians shall, on meeting on any highway or sidewalk,
pass to the right and, when overtaking other pedestrians, pass
to the left.
(b) Pedestrians using highways shall use due care so as not to
obstruct or impede traffic.
Town of Sussex
By -Law # 1051-21
Page 9 of 12
(c) Pedestrians walking abreast on any sidewalk must, on meeting
other pedestrians, occupy no more than one-half of the width
of the sidewalk.
(d) Pedestrians crossing highways shall comply with the direction
of any traffic control devices.
XVI. MAXIMUM SPEED OF VEHICLES
(a) No person shall drive a vehicle within a school zone on any
municipal street at a speed in excess of thirty (30) kilometers
per hour.
(b) The locations of school zones on municipal streets are as
follows:
1. Bryant Drive (Kennedy Drive southward of abutting
property boundary of Civic #70 -74 Bryant Drive),
ii. Kennedy Drive (Leonard Drive to Bryant Drive),
St, George Street (Meadow Lane to Imperial Drive).
(c) The locations of school zones on provincially designated
highways under the jurisdiction and responsibility of the
Minister of Transportation or their designate are as follows:
1. Leonard Drive (Eveleigh Street to Bryant Drive),
ii. Main Street (Essex Street to Morrison Avenue).
(d) No person shall drive a vehicle on Church Avenue in excess of
forty (40) kilometers per hour.
XVII. IMPOUNDING OF VEHICLES
(a) A Police Officer, By-law Enforcement Officer or other person
designed by Council, may remove and impound any vehicle
which is found illegally parked or causing obstruction to traffic
on any highway and no person shall take possession of a
Town. of Sussex
By -Law # 1051-21
Page 10 of 12
vehicle removed or impounded until all costs and charges for
removal, care and storage of such vehicle have been paid.
(b) There shall be no liability attached to an Official of the Town of
Sussex, or a Police Officer, By-law Enforcement Officer or other
person designed by Council, for any damages to a vehicle taken
into his custody under this Section.
XVIII. MISCELLANEOUS REGULATIONS
(a) No persons shall ride or lead an animal or animals hitched,
harnessed or fastened to a sled or cart on any sidewalk within
this municipality.
(b) No person shall leave unattended any horse on any highway
unless the horse or the vehicle to which it is harnessed is
firmly fastened to a post or weight.
(c) No person shall make unnecessary noise while driving through
any hospital zone.
XIX. ENFORCEMENT
(a) A Police Officer, By-law Enforcement Officer or other person
designed by Council is hereby authorized to take such action or
issue such tickets as they may deem to be necessary to enforce
any provisions of this by-law.
(b) Any person who violates Section VI of this By -Law is guilty of
an offence and is liable on conviction to a fine of up to one
hundred and twenty-five dollars ($125).
(c) Any person who violates any other provision of this By -Law is
guilty of an offence and liable on conviction to a fine of not
less than fifty dollars ($50.00) and not more than one hundred
and twenty-five dollars ($125.00).
Town of Sussex
By -Law # 1051-21
Page 11 of 12
(d) All fines under this by-law shall be enforceable under this
Town of Sussex Traffic By-law, By-law 1051-21 and all
offences are enforceable under the Provincial offences
Procedures Act, SNB 1987, c P-22.1.
(e) The Council hereby designates the Town Treasurer or his / her
designate to accept from the person alleged to have been guilty
of such violation, the payment of a sum equal to the minimum
prescribed for such violation as outlined in subsection (b) and
(c) within twenty (20) days from the date of the offence and
upon such payment, the person committing the offence is not
liable to further prosecution for that offence.
1. In person at the Sussex Town Hall, 524 Main Street,
Sussex, New Brunswick, E4E 3E4, in cash or by cheque or
money order made payable to the Town of Sussex; or
ii. By mail to : The Town of Sussex, 524 Main Street, Sussex,
New Brunswick, E4E 3E4, Attention Town Clerk, by cheque
or money order, payable to the Town of Sussex.
XX. PLURAL OR FEMININE TERMS
Plural or feminine terms may apply whenever the singular, masculine or
feminine is used in this By -Law, It shall be considered as if the plural,
feminine or masculine has been used where the context of the party or
parties hereto so requires.
XXI. VALIDITY
The invalidity of any Section, clause, sentence or provision of this By -Law
shall not affect the validity of any other part of this By -Law which can be
given effect without such invalid part or parts.
Town of Sussex
By -Law # 1051-21
Page 12 of 12
XXIY. BY-LAW REPEALED
(a) The repeal of "A By -Law to Regulate Traffic in The Town of
Sussex, A By -Law # 1051-12" shall not affect any penalty,
forfeiture or liability incurred before such repeal or any
proceeding for enforcing the same completed or pending at the
time of repeal; nor shall it repeal, defeat, disturb, invalidate or
prejudicially affect any manner or thing whatsoever completed,
existing or pending at the time of repeal.
(b) The By -Law entitled "A By -Law To Amend a By -Law To
Regulate Traffic In The Town of Sussex, By -Law # 1051-12"
that came into force on the 18th day of February, 2013 and
amendments thereto are hereby repealed.
READ FIRST TIME BY TITLE June 21, 2021
READ SECOND TIME BY TITLE June 21, 2021
READ IN ENTIRETY July 19, 2021
THIRD READING BY TITLE
AND ENACTED July 19, 2021
A -1(1c (90-1
(_�
TOWN CLERK MAYOR
A BY-LAW TO REGULATE TRAFFIC IN THE TOWN OF SUSSEX
BY-LAW # 1051-21
SCHEDULE "A"
THROUGH HIGHWAYS
♦ Albert Street (Main Street to St. George Street)
• Albert Street (St. George Street to Court Street)
• Arnold Avenue (Morrison Avenue to Queen Street)
• Arnold Avenue (Queen Street to Golding Street)
• Aspen Court
• Azalea Lane
• Birch Street
♦ Broad Street
• Broadview Avenue
• Brookview Crescent
♦ Brunswick Street
♦ Bryant Drive
♦ Canterbury Close
♦ Carriage Lane
• Castlewood Close
• Cedar Avenue
♦ Chapman Drive
• Chessvale Close
• Church Avenue
• Clover Court
♦ Court Street (Floral Avenue to Union Street)
♦ Court Street (Union Street to St. George Street)
• Creek Lane
• Duke Street
♦ Elizabeth Lane
• Elliott Drive
♦ Elm Street
• Elmview Avenue
• Essex Street (Main Street to St. George Street)
• Essex Street (St. George Street to Court Street)
• Floral Avenue (Main Street to St. George Street)
• Floral Avenue (St. George Street to CNR Tracks)
• Fowler Avenue
♦ Freeze Court
♦ Fundy Street
Schedule "A"
By -Law # 1051-21
♦ Gateway Street
♦ Golding Street
♦ Gordon Street
♦ High Street
♦ Hillside Crescent
♦ Holman Avenue
♦ Imperial Drive
♦ Industrial Drive (Rosemount Avenue to Vail Court)
♦ James Lamb Court
♦ Jonah Court
♦ Jones Court
♦ Kennedy Drive
♦ King Street
♦ Lansdowne Avenue North
♦ Lansdowne Avenue South
♦ Leo Avenue
♦ Leonard Drive (Main Street to Town Boundary)
♦ Lowell Street
♦ Lower Cove Road (Route 121 to Town Boundary)
♦ Magnolia Avenue
♦ Main Street (Western End to Moffett Avenue)
♦ Main Street (Moffett Avenue to Oueen Street)
♦ Main Street (CNR Tracks to Summer Street)
♦ Main Street (Summer Street to Leonard Drive)
♦ Main Street (Leonard Drive to Eastern Town Boundary)
♦ Malone Street
♦ Malone Way
♦ Manola Street
♦ Maple Avenue
♦ Maxwell Drive
♦ McKay Street
♦ McKenna Avenue
♦ McLean Street
♦ McLeod Drive
♦ Meadow Lane
♦ Mills Lane
♦ Moffett Avenue
♦ Morrison Avenue
♦ Murray Avenue
Schedule "A"
By -Law # 1051-21
♦ Nelson Street
♦ North Street
♦ Oak Court
♦ O'Connell Avenue (Park Street to Nelson Street)
♦ O'Connell Avenue (Nelson Street to High Street)
♦ Oxford Street
4. Paradise Row (Main Street to St. George Street)
♦ Paradise Row (St. George Street to Court Street)
♦ Park Street
♦ Parkview Lane
♦ Perry Street
♦ Peter Street (Winter Street to Mall Entrance)
♦ Peter Street (Mall Entrance to Church Avenue)
♦ Pine Street (King Street to Queen Street)
♦ Pine Street (Queen Street to Wallace Court)
♦ Pitt Street
♦ Pleasant Avenue
♦ Prince William Street
♦ Oueen Street (Main Street North End)
♦ Queen Street (Main Street to Broad Street)
♦ Reardon Street
♦ Riverview Avenue
♦ Riverview Drive East (Route 121 to Town Boundary)
♦ Rosedale Drive
♦ Rosemount Avenue
♦ St, George Street (Queen Street to Town Boundary)
♦ St. James Street
♦ School Street
♦ Sprague Street
♦ Spruce Street
♦ Stewart Avenue
♦ Summer Street
♦ Summit Avenue
♦ Sunnyside Drive
♦ Sunshine Gardens
♦ Turner Court
♦ Turnmill Lane
♦ Union Street
♦ Vail Court
Schedule "A"
By -Law # 1051-21
• Wallace Court
♦ Western Street
• Willow Court
♦ Winter Street (Peter Street to Summer Street)
♦ Winter Street (Summer Street to Magnolia Avenue)
• York Street
A BY --LAW TO REGULATE TRAFFIC IN THE TOWN OF SUSSEX
BY --LAW # 1051-21
SCHEDULE "B"
TRAFFIC CONTROL SIGNALS
1. Traffic control signals shall be erected, placed and maintained to regulate,
warn or guide traffic at the following locations in this municipality, namely
at the intersections of;
(a) Main Street and Moffett Avenue / Route 121;
(b) Main Street and Summer Street;
(c) Main Street and Oueen Street;
(d) Main Street and Leonard Drive;
(e) Main Street and Gateway Mall Entrance; and
(f) Lower Cove Road and Route 121.
2. Traffic control devices shall be erected, placed and maintained to regulate,
warn or guide pedestrian traffic at the following locations in this
municipality, namely at the intersections of;
Main Street and Moffett Avenue / Route 121;
Main Street and Summer Street;
Main Street and Oueen Street;
Main Street and Leonard Drive;
Main Street and Gateway Mall Entrance; and
Lower Cove Road and Route 121.
A BY-LAW TO REGULATE TRAFFIC IN THE TOWN OF SUSSEX
BY-LAW # 1051-21
SCHEDULE "C"
TRUCK ROUTES
The following highways, or portions thereof, are designated as truck routes as
marked with signs in accordance with the Motor Vehicle Act of New Brunswick:
♦ Broad Street;
♦ Eveleigh Street;
♦ Industrial Drive;
♦ Jones Court;
♦ Leonard Drive;
♦ Lower Cove Road (St. George Street to Route 121)
♦ Magnolia Avenue;
♦ Main Street;
♦ McLeod Drive;
♦ Maple Avenue:
♦ Park Street;
♦ Portions of Route # 1.
♦ Oueen Street (Main Street to Broad Street);
♦ Riverview Drive East (Highway # 121 to Town Boundary);
♦ Rosemount Avenue;
♦ Stewart Avenue (McLean Street East to Town Boundary);
♦ St. George Street;
♦ Turner Court
♦ Vail Court; and
A BY-LAW TO REGULATE TRAFFIC IN THE TOWN OF SUSSEX
BY --LAW # 1051-21
SCHEDULE "D"
ONE-WAY HIGHWAYS
(a) Peter Street, from Winter Street to Main Street, is designated as a one-way
highway and all vehicles thereon shall move in a southerly direction.
(b) Queen Street, from Main Street to Broad Street, is designated as a one-way
highway and all vehicles thereon shall move in a southerly direction.
(c) Broad Street, from Queen Street to Main Street, is designated as a one-way
highway and all vehicles thereon shall move in an easterly direction, except
on that section North of the boulevard where one-way traffic is permitted in
a westerly direction only.
(d) Main Street, from Broad Street to Queen Street, is designated as a one-way
highway and all vehicles thereon shall move in a westerly direction.
(e) Wallace Court is designated as a one-way highway and, on the western lane
all vehicles thereon shall move in a southerly direction from Pine Street,
and on the eastern lane all vehicles thereon shall move in a northerly
direction to Pine Street.
(f)
Eveleigh Street, from Rosemount Avenue to Leonard Drive, is designated a
one-way highway and all vehicles thereon shall move in a southerly
direction.
A BY-LAW TO REGULATE TRAFFIC IN THE TOWN OF SUSSEX
BY --LAW # 1051-21
SCHEDULE "E"
NO PARKING AREAS
(a) Church Avenue, on the western side of Church Avenue, between the
intersection of Main Street and the Town limit or on the eastern side of
Church Avenue, between the intersection of Main Street and the northern
boundary of Civic Number 106 and between the southern boundary of civic
114 and the intersection of Gordon Street.
(b) St. George Street, on the northern side of St. George Street, between the
intersection of Murray Avenue and the intersection of Essex Street or, on
the southern side between the intersection of Paradise Row and the
intersection of Court Street.
A BY-LAW TO REGULATE TRAFFIC IN THE TOWN OF SUSSEX
BY --LAW # 1051-21
SCHEDULE "F"
LIMITED OR TIMED PARKING AREAS
(a) Peter Street between Main Street and Winter Street: parking shall be
limited to 120 minutes between the hours of 0730 and 2200 hours of
Monday through Saturday.
(b) Main Street between Summer Street and the CNR railway crossing
parking shall be limited to 120 minutes between the hours of 0730 and
2200 hours of Monday through Saturday.
(c) West side of Broad Street parallel to CNR railway tracks parking shall be
limited to 120 minutes between the hours of 0730 and 2200 hours of
Monday through Saturday.
(d) Tourist Information Center, all parking areas servicing the building shall
be limited to 120 minutes between the hours of 0730 and 2200 hours of
Monday through Sunday between May 1st and October 15th in any
calendar year.