Traffic Bylaw No. 33 (Consolidated to December 4, 2023)

CITY OF LANGFORD BYLAW NO. 33

A BYLAW OF THE CITY OF LANGFORD TO REGULATE TRAFFIC AND THE USE OF HIGHWAYS WITHIN THE CITY OF LANGFORD.

WHEREAS pursuant to the Motor Vehicle Act and the Municipal Act the Council of City of Langford is authorized to regulate traffic and the use of highways within the Municipality.

NOW THEREFORE, the Municipal Council of City of Langford in open meeting assembled, enacts as follows:

PART 1

SHORT TITLE

This Bylaw may be cited for all purposes as the "Traffic Bylaw No. 33, 1995."

PART 2

DEFINITIONS

In this Bylaw unless the context otherwise requires:

• "Axle" means an axle as defined in the Commercial Transport Act regulations.
• "Arterial Highway" means highways classified as such pursuant to Section 31 of the Highway Act.
• "Boulevard" means the area between the curb lines, the lateral lines or the shoulder of a roadway and the adjacent property line.
• "Bus" means a motor vehicle designed to carry more than 12 persons.
• “Cannabis” has the same meaning as in the Cannabis Control and Licensing Act.
• "Chief of Police" means the senior resident member of the Royal Canadian Mounted Police responsible for the policing of the City of Langford.
• "City" means the City of Langford.
• "City Engineer" means the Senior Officer responsible for engineering functions within the City or an authorized representative.
• "Clerk" means the Municipal Clerk of the City of Langford.
• "Combination of Vehicles" means a combination of truck, truck tractor, semi-trailer and trailer.

"Commercial Vehicle" includes: (a) a motor vehicle having permanently attached to it a truck or delivery body;
(b) an ambulance, fire apparatus, hearse, motor bus, tow car, road building machine, taxi and a tractor;
(c) a combination of vehicles; and
(d) other vehicles as specified by regulation of the Lieutenant Governor in Council.

• "Council" means the Council of the City of Langford.
• "Cycle" means a device having any number of wheels that is propelled by human power and on which a person may ride.
• "Dangerous Goods" means dangerous goods as defined in the Transport of Dangerous Goods Act.
• “Emergency” or “Emergency Works” means unscheduled works performed by a utility to repair a service in order to prevent imminent damage to private property, damage to the road right-of-way, damage to the service, loss of vital service, injury or loss of life.
• "Gross Vehicle Weight" means the number of kilograms derived by adding the weights on all the axles of a commercial vehicle.
• "Group of Axles" means a group of axles as defined in the Commercial Transport Act regulations.
• "Highway" includes every highway within the meaning of the Highway Act and every road, street, lane or right-of-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.
• “Homeless Person” – means a person who has neither a fixed address nor a predictable safe residence to return to on a daily basis.
• “Idle” The operation of the engine of a vehicle while the vehicle is not in motion and not being used to operate auxiliary equipment that is essential to the basic function of the vehicle, and idling has a corresponding meaning.
• "Lane" means any highway not exceeding 8m in width.
• “Layover” A stopping point along a transit route for a maximum of fifteen (15) minutes used by transit vehicles to allow transit vehicles to adjust to service schedules.
• “Limited Time Parking” means a parking zone established by the City of Langford which limits the maximum time that a vehicle can be parked within that zone. Limited Time Parking signage as posted defines the zone and establishes the time limits.
• “Mobile Workshop”
  • (a) A vehicle containing equipment that must be operated inside or in association with the vehicle; or
  • (b) A vehicle serving as a facility for taking measurements or making observations operated by or on behalf of a municipality, public utility or police, fire or ambulance service.
• "Motor Vehicle" means a vehicle designed to be self propelled, except a vehicle operating wholly on fixed rails or tracks and except an electric trolley bus.
• "Parade" means any procession or body of pedestrians, except members of the armed forces, numbering more than thirty (30), standing, marching, or walking upon any highway, or any group of vehicles numbering ten (10) or more, excepting funeral processions, and excepting vehicles of the armed forces, standing or moving on any highway.
• "Park" when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading.
• "Peace Officer" means a constable or person having a constable’s powers and includes a Municipal Bylaw Enforcement Officer.
• "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.
• "Person" shall include any corporation, partnership, firm or association and for the purpose of this Bylaw shall include the registered owner of a motor vehicle.
• “Public Place” - means any place, including privately owned land or leased property to which the public reasonably has or is permitted to have access.
• "Roadway" means the portion of the highway that is improved, designed, or ordinarily used for vehicular traffic, but does not include the shoulder; and where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively.
• "Semi-Trailer" includes a vehicle without motive power designed to be drawn by a motor vehicle and so constructed that an appreciable part of its weight, and that of its load, rests on and is carried by the motor vehicle, and includes pole trailer but does not include a vehicle having a gross vehicle weight of less than 700 kg which is licensed pursuant to the Motor Vehicle Act.
• "Sidewalk" means the area between the curb-lines or lateral lines of a roadway and the adjacent property lines improved for use of pedestrians, excluding gravel walkways and boardwalks.
• “Stopover” A scheduled delay of a maximum of fifteen (15) minutes at a transit vehicle terminal or Bus Stop to allow transit vehicles to adjust to service schedules.
• “Stop” or “Stand” means when required, a complete cessation from movement and when prohibited, the stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a peace officer or traffic control device.
• "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 Device" means a sign, signal, line, metre, marking, space, barrier, or device, placed or erected by authority of the Council or person duly authorized by the Council to exercise such authority.
• "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 School 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 and constructed so that no appreciable part of its weight rests upon or is carried by the motor vehicle.
• “Transit Vehicle” Public transit vehicles, tour buses, trolleys and motor coaches.
• “Utility” means B.C. Hydro, Telus, FortisBC, Shaw Cable and the Capital Regional District Water Services.
• "Vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks.
• "Winter Tire" means a tire that is advertised or represented by its manufacturer or a person in the business of selling tires to be a tire intended principally for winter use and that provides or is designed to provide adequate traction in snow or mud and is in such condition respecting tread, wear and other particulars as the regulations under the Motor Vehicle Act may prescribe.
• “Working Day” or “Normal Working Hours” means Monday to Friday inclusive between the hours of 8:30a.m. and 4:30p.m., except statutory holidays.

PART 3

AUTHORITIES

3.1 - deleted -

3.2 The City Engineer or anyone under the direction of the City Engineer is hereby authorized and empowered by order to place, replace or alter traffic control devices at any location he or she may determine to give effect to the provisions of the Motor Vehicle Act and this Bylaw.

3.3 Peace Officers, or any person duly authorized, may:

• 3.3.1. issue traffic notices for violations of this Bylaw;
• 3.3.2. direct and regulate traffic in any manner deemed necessary and in doing so, may disregard any traffic control device;
• 3.3.3. designate in any manner, a line or lines near the location of a fire or motor vehicle incident, beyond which the public shall not pass.

3.4 The Fire Chief, or any person duly authorized, may:

• 3.4.1. direct and regulate traffic in any manner deemed necessary and in doing so, may disregard any traffic control device;
• 3.4.2. impound if necessary for the purpose of carrying out required duties, any vehicle or trailer;
• 3.4.3. designate in any manner, a line or lines near the location of a fire, beyond which the public shall not pass.

3.5 The Bylaw Enforcement Officer, or any person duly authorized, may:

• 3.5.1. issue traffic notices for violations of this Bylaw;
• 3.5.2. place temporary "No Parking" signs and barricades or other applicable traffic control devices;
• 3.5.3. issue parking permits for residential parking, special vehicle use, or other purposes which may be approved, from time to time.
• 3.5.4. direct and regulate traffic in any manner deemed necessary and in doing so, may disregard any traffic control device.

PART 4

OFFENSES OTHER THAN PARKING

4.1 - deleted -

4.2 No person shall:

TRAFFIC CONTROL DEVICE

• 4.2.1. Except where otherwise directed by a Peace Officer or Bylaw Officer or person authorized by a Peace Officer or Bylaw Enforcement Officer to direct traffic, walk or operate a vehicle or cycle contrary to the instructions of an applicable traffic control device erected pursuant to the provisions of this Bylaw.

SIDEWALKS / BOULEVARDS

• 4.2.2. Unless otherwise permitted by an applicable traffic control device, drive a motor vehicle or ride or herd any animals along any sidewalks, walkways or boulevards except when entering or leaving a driveway or lane or when entering or leaving land adjacent to a highway.

DEBRIS

• 4.2.3. Being the person who has removed a wrecked or damaged vehicle from the scene of an accident, leave any glass or other debris from the accident upon a highway.

EXCAVATION

• 4.2.4. Leave any excavation or other obstruction upon a highway without sufficiently fencing, barricading and marking the same with warning lights.

TRACK VEHICLE

• 4.2.5. Operate track vehicles on sidewalks, boulevards, roadways or lanes except for the purpose of highway construction or maintenance authorized by the City Engineer.

MERCHANDISE

• 4.2.6. Place or permit to be placed any fuel, lumber, merchandise, chattel or ware of any nature on a highway.

SKIDDING

• 4.2.7. Drag or skid anything along or over a highway so as to damage the surface of the highway.

EARTH

• 4.2.8. Allow or permit any earth, rocks, stones, logs or stumps or other things to cave, fall, crumble, slide or accumulate from any property onto a highway, or being there, to remain thereon.

NOTICES

• 4.2.9. Remove any notice of ticket affixed or placed on a vehicle by a City employee or Peace Officer unless that person is the operator or in charge of such vehicle.

GARBAGE FACILITY

• 4.2.10. Allow any garbage containers or other facilities related to garbage collection to be upon any portion of the highway.

PARKS

• 4.2.11. Drive a motor vehicle within the boundaries of any City Park except upon a roadway.

INSECURE LOAD

• 4.2.12. Operate upon a roadway a vehicle carrying any materials or goods unless such materials or goods are secured so that they cannot fall from the vehicle while the vehicle is proceeding along the roadway, or permit any material or goods falling from a vehicle to remain upon a highway.

DANGEROUS GOODS

• 4.2.13. Transport dangerous goods except on routes posted with traffic control devices indicating a dangerous goods route and on the most direct route between a dangerous goods route and the destination of the goods.

SOLICITING

• 4.2.14. Solicit business upon or from a street without holding a valid and subsisting licence to do so issued pursuant to the Business Licence Bylaw and amendments thereto of the City of Langford.

SIDEWALK (repeat)

• 4.2.15. Drive a motor vehicle on a sidewalk, walkway or boulevard, except when entering or leaving a driveway or lane or when entering or leaving land adjacent to a highway.

STUNTING

• 4.2.16. Whether as a pedestrian, passenger or driver, and whether or not with the use or aid of any animal, vehicle, or other this, perform or engage in any stunt or other activity on a street that is likely to distract, startle or interfere with other users of the street or cause damage to public or private property.

NUISANCE / DISTURBANCE 4.2.17 No person shall create a nuisance or disturbance in any Public Place by:

1. Participating in a fight or physical confrontation between consenting or non-consenting adults.
2. Urinating or leaving any human waste other than in a public washroom.
3. Swearing, shouting, screaming or yelling.
4. Using vulgar, indecent, grossly insulting or obscene language.
5. Using threatening or abusive words or behavior.
6. Panhandling or loitering.

ALCOHOL

• 4.2.18 Upon any portion of a highway or other public place, including any place to which the public reasonably has access, possess or consume liquor as defined in the Liquor Control and Licensing Act, except as is authorized under a Special Occasion License.

SKATEBOARDS

• 4.2.19 Ride any bicycle, roller skates, skateboards or similar apparatus on any street, sidewalk or path, except bicycles in designated bicycle lanes, in contravention of the provisions of this Section and within the area identified on Schedule F.

The bicycle, roller skates, skateboards or similar apparatus shall be deemed to be unlawfully occupying the sidewalk or path and the provisions of Section 7.3.1 through 7.4.1 shall apply to the removal, detention and impoundment of that chattel.

CYCLE RULES

• 4.2.20 Ride a cycle on a sidewalk unless otherwise directed by a traffic control device, unless that person is under the age of 12 years and is operating a non-chain driven 3 or 4 wheeled cycle which is designed for recreational use;
  • 4.2.20.1 Ride on a crosswalk unless otherwise directed by a traffic control device or for the purpose of crossing a highway;
  • 4.2.20.2 Ride abreast of another person operating a cycle on the highway;
  • 4.2.20.3 Ride a cycle without at least one hand on the handlebars;
  • 4.2.20.4 Ride, other than on or astride a regular seat of the cycle;
  • 4.2.20.5 Use the cycle to carry more persons, at one time than the number for which it is designed and equipped; and
  • 4.2.20.6 Operate a cycle on a highway between ½ hour after sunset and ½ hour before sunrise unless it has the following equipment:
    • (a) a lighted lamp mounted on the front and under normal atmospheric conditions capable of displaying a white light visible at least 150m in the direction the cycle is pointed;
    • (b) a red reflector of a make or design approved by the Superintendent of Motor Vehicles under the Motor Vehicle Act; and
    • (c) a lighted lamp, mounted and visible to the rear, displaying a red light.
  • 4.2.20.7 Except as otherwise authorized by this Bylaw, operate a cycle or ride as a passenger on a cycle on a highway unless that person is properly wearing a bicycle safety helmet that is designated as an approved bicycle safety helmet or meets the standards and specifications of an approved bicycle safety helmet pursuant to the Motor Vehicle Act.

4.3 No parent or guardian of a person under the age of 16 years shall authorize or knowingly permit the person to operate a cycle, or ride as a passenger on a cycle on a highway if that person is not properly wearing a bicycle safety helmet that is designated as an approved bicycle safety helmet or meets the standards and specifications of an approved bicycle safety helmet pursuant to the Motor Vehicle Act.

4.4 The following persons are exempt from the requirement under, Subsection 4.2.20 of this Bylaw to wear a bicycle safety helmet:

• (a) A person for whom the wearing of a helmet would interfere with an essential religious practice,
• (b) The operator of, and each passenger carried by a pedicab,
• (c) A person who has a head measurement that exceeds 64 centimetres in circumference;
• (d) A person who is in possession of, and produces on request to a Peace Officer, a valid and subsisting certificate issued by the Superintendent of Motor Vehicles certifying that the person is, for the period stated in the certificate, unable for medical reasons to wear a bicycle safety helmet,
• (e) a person under the age of 12 years who operates a non-chain driven 3 or 4 wheeled cycle which is designed for recreational use by children.

4.5 A person using in-line skates or roller skates on a highway:

• (a) shall have the same rights and duties as the operator of a cycle;
• (b) shall be on a bicycle lane, if there is a bicycle lane adjacent to the roadway;
• (c) shall, subject to paragraph (b), be as near as practicable to the right side of the highway;
• (d) shall not be on a sidewalk unless directed by a traffic control device ;
• (e) shall not be abreast of another person or cycle on a highway;
• (f) shall only cross a highway at an intersection using the pedestrian crosswalk and obeying pedestrian crossing signals where applicable;
• (g) shall not be attached by the arm and hand of the operator or otherwise to a vehicle on a highway; and
• (h) shall not be on a highway between ½ hour after sunset and ½ hour before sunrise unless equipped with lights and/or reflective clothing visible from the front and rear.

4.6 Nothing in this section requires a person to ride a cycle on any part of a highway that is not paved.

4.7 No person shall use any vehicle, trailer or camper parked on a road right of way for the purpose of lodging, sleeping accommodation or a residence.

4.8 No Person shall smoke or vape cannabis in a public place or on highway, unless that person is on a portion of sidewalk that is more than:

• (a) 20 metres from school property;
• (b) 7 metres from any doorway, window or air intake of a building;
• (c) 7 metres from any intersection or crosswalk’7 metres from a bus stop measured from the bus stop sign;
• (d) 20 metres from any park or other area established by the city for the purposes of community recreation; and
• (e) 20 metres from a retail store that sells cannabis.

4.9 No Person shall abandon, deposit, dispose of or leave unattended any chattel on any Highway, including any Boulevard, other than to dispose of refuse in the appropriate receptacle.

4.10 No person shall construct or place within any Highway, including any boulevard, a shelter, pavilion or permanent structure without first obtaining the permission of Council.

4.11 Where there is no accessible overnight shelter accommodation available within the City of Langford or the vicinity thereof, a homeless person may erect and occupy a temporary overnight shelter in a City park subject to the restrictions set out in the Langford Municipal Parks Regulation Bylaw No. 177, 1996.

4.12 Any chattel or temporary overnight shelter located within a highway or boulevard contrary to Section 4.9 or Section 4.10 may be:

• (a) removed, detained or impounded under Section 7.2;
• (b) immediately removed and disposed of under Section 7.5, if that Section applies.

PART 5

PARKING REGULATIONS

5.1 - deleted -

5.2 Except when necessary to comply with the direction of a Peace Officer or Bylaw Enforcement Officer, traffic control device or traffic patrol and except while operating a Municipal or Provincial utility vehicle or vehicles of a public utility corporation while engaged in their duties, no person shall stop, stand or park a vehicle:

SIDEWALK

• 5.2.1 On a sidewalk, walkway, bike lane, or improved boulevard, or on any portion of a road allowance that causes it to interfere with the normal flow of traffic on the road.

DRIVEWAY

• 5.2.2 Contrary to the instructions of an applicable traffic control device erected pursuant to the provisions of this bylaw.

PARKING

• 5.2.3 In a parking space designated by resolution of Council as a disabled person’s parking space except where the motor vehicle bears hanging from the inside rear view mirror, a permit in the form and with the content set out by the Social Planning and Review Council of British Columbia.
• 5.2.4 Three metres in front or 20 metres behind a bus stop.
• 5.2.5 Where that vehicle is a trailer, to be detached from a towing unit motor vehicle.
• 5.2.6 Which is not licensed for the current year, on any street, boulevard or City of Langford right-of-way.
• 5.2.7 Within 1.0 metres of either side of an access to a public or private driveway, or garage or within 1.0 meters of the projection of an access to a public or private driveway or garage opposite where the roadway is less than 7.0 metres wide (Bylaw No. 1640, 2016)
• 5.2.8 Continuously on any street for a period in excess of 72 hours. For the purposes of this section, a vehicle shall be deemed continuously parked for as long as it remains within the block in which it was originally parked.
• 5.2.9 On a highway for the principal purpose of:
  • 5.2.9.1 Displaying a vehicle for sale;
  • 5.2.9.2 Advertising, greasing, painting, wrecking, storing or repairing a vehicle, except where repairs are necessitated by an emergency;
  • 5.2.9.3 Displaying signs; and
  • 5.2.9.4 Selling flowers, fruits, vegetables, sea food or other commodities or articles.
• 5.2.10 Within 5 metres of a Hydrant, or within 5 metres of the point on the edge of the street nearest the Hydrant.

5.3 No person shall park or permit to remain parked on that portion of a street adjacent to any land designated for residential use pursuant to the Zoning Bylaw: (1) a commercial vehicle, at any time unless and except for as long as it is required to be parked for the purpose of enabling its driver or user to perform a commercial service on such land; and (2) a bus which is not used as a public utility for the carriage of passengers.

5.3.1 For the purposes of Section 5.3(1), where the commercial vehicle is commonly referred to by the manufacturer as a “one ton” unit or smaller, it shall be exempt.

Parking (Limited Time Parking)

• 5.4.1 No person being in charge, control or possession of a vehicle shall park such vehicle or permit same to remain parked in any “Limited Time Parking” zone for a period in excess of the time during which vehicles may be continuously parked within such zone as indicated by signs placed in or near such zone pursuant to this Bylaw.
• 5.4.2 Where a vehicle has been parked in a “Limited Time Parking “ zone in violation of the provisions of this Section, a separate offence shall be deemed to be committed at the expiry of each further period of time during which the vehicle would be lawfully parked as indicated by signs placed in or near the zone.
• 5.4.3 For the purposes of section 5.4, a vehicle shall be deemed continuously parked:
  • (a) for as long as it remains within the block in which it was originally parked; or
  • (b) if moved out of the block in which it was originally parked and returned within a period shorter than the time limit established for the “Limited Time Parking” zone.

5.5 Any vehicle parked in contravention of the conditions of Section. 5.2. or 5.3 of this bylaw may be fined and/or towed under the authority of the Police, City Engineer, Bylaw Enforcement Officer, or the Fire Chief as directed by Council, to a secure compound within the West Shore. The vehicle may only be released from the compound on payment of the full costs to towing and storage.

PART 6

EXEMPTIONS

6.1 - deleted -

6.2 A person holding a permit shall not be subject to the penalties provided for the breach of these sections so long as that permit remains valid and subsisting.

• 6.2.1 The printed permit shall be displayed by the Permittee on the dashboard on the inside of the windshield of the vehicle and should the permit not be so displayed or should the permit have expired the vehicle shall be deemed to be parked without a permit.
• 6.2.2 The permit shall specify the parking area for which the permit is issued and shall be valid only for the parking area so designated and only for the period of time as provided for in the permit.

PART 7

REMOVAL OF CHATTELS

7.1 - deleted -

7.2 Any chattel or obstruction unlawfully occupying any portion of a highway or public place may be removed, detained or impounded by any person authorized to do so by the City Engineer or a Peace Officer or Bylaw Enforcement Officer.

REMOVAL 7.3 Any chattel or obstruction removed, detained or impounded, may be recovered by the owner by paying the costs and expenses incurred by the City.

7.3.1 For each such detention, removal and impoundment, the person entitled to possession of the chattel, obstruction or thing shall pay to the City:

7.3.1.1 a detention and removal fee as follows:

7.3.1.2 an impoundment fee as follows:

IMPOUNDING COSTS 7.4.1 If the person entitled to the possession of any detained object does not within 30 days of its detention, including the date of its detention, sign the undertaking and pay the fees, costs and expenses mentioned in the preceding subsection, and it appears to the City Engineer or his/her designate that the object detained has a market value, he/she shall as soon as possible thereafter cause it to be sold by public auction to the highest bidder, but shall otherwise cause it to be disposed of as garbage. Public auction sales shall be preceded by advertisement at least once in a newspaper circulating in the City.

COSTS RECOVERED 7.4.2 The proceeds of such auction sale shall be applied firstly to the cost of the sale, secondly to the fees, costs and expenses of the City or its contractors as set out above and thirdly the balance, if any, shall be held by the City for one (1) year from the date of sale for the owner. If unclaimed at the end of the year such sum shall be paid into the General Revenue of the City.

7.5 Despite any other provision of this bylaw, a person authorized to do so by the City Engineer, a Bylaw Enforcement Officer, or a Peace Officer may immediately remove and dispose of any of the following that are left or abandoned on a highway, at the expense of the owner:

• (a) any refuse, garbage, noxious or offensive matter or substance;
• (b) a chattel that has no apparent market value;
• (c) a motor vehicle with an apparent market value of less than one hundred dollars ($100.00).

PART 7A

MAINTENANCE OF DRIVEWAYS AND SIDEWALKS

7A.1 Every owner and occupier of land to which vehicular and/or pedestrian access is provided by means of a driveway and/or footpath connecting to a highway shall maintain that portion of the driveway that is within the highway right of way and in particular, without limiting the generality of the foregoing, shall maintain, repair and replace as necessary any culvert, headwalls or other works providing drainage beneath the driveway. Maintenance and repair work performed in compliance with this bylaw is exempt from fees imposed by Bylaw 33, Section 11.10.

7A.2 Every owner and occupier of land abutting a highway containing a sidewalk or footpath on the near side of the highway centreline, shall remove snow, ice and rubbish from the sidewalk or footpath, in the case of ice and snow before 10:00 in the forenoon following the day on which the ice and snow accumulated.

PART 8

EXTRAORDINARY VEHICLES

8.1 - deleted -

DEFINITION 8.2 In this Part: "Extraordinary Traffic" includes any carriage of goods or persons over a highway, at either one or more times, and whether in vehicles drawn by animal power or propelled by some other means, that taken in conjunction with the nature or existing condition of the highway is so extraordinary or improper in the quality or quantity of the goods or the number of persons carried, or in the mode or time of use of the highway, or in the speed at which the vehicles are driven or operated, as, in the opinion of the City Engineer, substantially to alter or increase the burden imposed on the highway through its proper use by ordinary traffic, and to cause damage and expense in respect of the highway beyond what is reasonable or ordinary.

PROHIBITED USE OF HIGHWAY 8.3 Where in the opinion of the City Engineer, any highway is liable to damage through extraordinary traffic thereon, the City Engineer may regulate, limit or prohibit the use of the highway by any person operating or in charge of the extraordinary traffic, or owning the goods carried thereby or the vehicles used therein.

COMPENSATION 8.4 Any person to whom this Section might otherwise apply may, with the approval of the City Engineer, enter into an agreement in the form of Schedule "B" for the payment to the Municipality of compensation in respect of the damage or expense which may, in the opinion of the City Engineer, be caused by the extraordinary traffic and there upon that person shall not in respect of that traffic be subject to any prohibition or penalty prescribed in this Section.