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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 05-07-2015, 11:32 PM   #1
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Burnaby Parking Bylaw Clarification

I parked in a taxi designated spot today without knowing. A regular car pulled out of it so I parked into it without seeing the sign.

I got cited s.13(3)(c) which according to the website, has nothing to do with taxi parking. Just making sure I'm reading it right.

https://burnaby.civicweb.net/documen...601130A3F5D6F1

the ticket was issued by a RCMP constable since there's a community police office next door.
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Old 05-08-2015, 06:00 AM   #2
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Armchair lawyer here, but this is what I am getting

s.13(3)(c): No person shall park a vehicle:
at a place in contravention of a traffic control device prohibiting parking.

and then s.17(4): No driver of any vehicle other than a taxi shall stop such vehicle in any taxi zone.

s13 says you cannot stop if there is signage prohibiting parking but the more appropriate and specific bylaw should have been s.17 referring to taxi
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Old 05-08-2015, 06:55 AM   #3
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The traffic control device prohibiting public parking was the "taxi designated spot" . It prohibited public parking....you were public, not taxi...missed the sign telling you not to do what you did...don't know what confusion there is?
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Old 05-08-2015, 01:58 PM   #4
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the confusion was the definition of a traffic control device...i thought 'device' was a camera or something similar
this happened on a private road and it wasn't a City of Burnaby sign, these parking bylaws are still applicable on private property? In other words, can police/city parking enforcement issue a valid ticket on a private property or does it have to be strictly privately owned companies like impark/diamond/vinci?
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Old 05-08-2015, 07:41 PM   #5
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the confusion was the definition of a traffic control device...i thought 'device' was a camera or something similar
this happened on a private road and it wasn't a City of Burnaby sign, these parking bylaws are still applicable on private property? In other words, can police/city parking enforcement issue a valid ticket on a private property or does it have to be strictly privately owned companies like impark/diamond/vinci?
Gnomes did an excellent job in explaining. According to the Burnaby Bylaws a traffic control device refers to either a traffic control signal or traffic control sign. TCD tickets are for any sign or signal, some cities like Burnaby also have specialized bylaws for taxis or handicapped zones, doesn't mean you have to use that specific one, you can still use the general Disobey Traffic Control device. So the ticket is valid.

City parking enforcement cannot issue tickets on private property. For example, a Burnaby parking enforcement officer cannot enforce say the no parking zone in an apartment complex parking lot that is privately owned. The apartment complex would either have a contract with a private parking company ex. Impark etc to do that for them. Or they would have a contract with a tow company who would come and remove the vehicles.

I cannot speak for the RCMP, I'm sure they can enforce on private property although they would probably cite the MVA act and not the Street & Traffic Bylaw of Burnaby when enforcing on private property.

I honestly have not heard of no parking taxi zones on a private property in Burnaby, although I could be wrong. Maybe you are mistaken and you were in fact on City of Burnaby property?

The City of Burnaby no park taxi zone would look like this
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Old 05-08-2015, 07:54 PM   #6
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was this by highgate mall?
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Old 05-08-2015, 09:20 PM   #7
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yes behind highgate village
it's a private roadway (even says so under the street name sign) and the parking spots are part of the shopping square.
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Old 05-08-2015, 10:18 PM   #8
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so yes, it does state private road on the street sign here.


I believe it is a Right of way. Right of Way gives the City the right to construct, maintain, inspect, enforce etc.

It is meant for public access, which is different from private road which is meant to be used as a driveway.


You could check with Burnaby City Hall.
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Old 05-09-2015, 09:28 AM   #9
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TCDs are defined as anything which controls the direction or movement of traffic...signs, lines, barricades etc
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Old 05-12-2015, 01:18 AM   #10
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lady on the phone was not helpful

"I dont know, I wasn't there, you can try disputing it" when I asked if city has jurisdiction issuing violation notices on a private property. I wasn't even asking about my specific case but she kept regurgitating she wasn't present at the time of notice haha.

I was being super polite too because she probably doesn't get to talk to many kind ones on the regular
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Old 05-12-2015, 12:55 PM   #11
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"I dont know, I wasn't there, you can try disputing it" when I asked if city has jurisdiction issuing violation notices on a private property. I wasn't even asking about my specific case but she kept regurgitating she wasn't present at the time of notice haha.
If the public has express or implied consent to access the roadway or parking lot then it is part of the highway and all rules and regulations thereof. This is why you still have to obey all the rules of the road in the parking lot of the local Superstore and can receive a traffic or bylaw ticket for no doing so, or in your case a private home community which does not restrict public access.

Is this roadway open to the public or are there signs/physical barriers restricting who may enter?
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Old 05-12-2015, 01:10 PM   #12
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If the public has express or implied consent to access the roadway or parking lot then it is part of the highway and all rules and regulations thereof. This is why you still have to obey all the rules of the road in the parking lot of the local Superstore and can receive a traffic or bylaw ticket for no doing so, or in your case a private home community which does not restrict public access.
So the City/MoT should clear snow from these "highways"?
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Old 05-12-2015, 08:23 PM   #13
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So the City/MoT should clear snow from these "highways"?
Sure; if the BC MVA governs snow clearing....
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Old 05-12-2015, 10:27 PM   #14
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interesting, Unit91 just posted conflicting information to AndroidAAA's post who works for the municipality.

ZT or other peace officers wish to chime in on parking enforcement of a private property?
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Old 05-13-2015, 05:20 AM   #15
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"highway" includes

(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,
but does not include an industrial road;



It is defined as a "highway", so Govt acts and regulations apply...but there is no obligation under those acts and regulations to clear snow from them.

And snow does not fall into any of these catagories....

Depositing articles on highway
204 (1) A person must not throw, deposit, drop or leave on a highway a glass bottle, glass, nail, tack, wire, can or other thing or substance likely to injure a person, animal or vehicle on the highway.

(2) A person must not place, deposit or dump, or cause to be placed, deposited or dumped, garbage, swill, cans, bottles, papers, ashes, refuse, the carcass of a dead animal, offal, trash, rubbish or a noisome, nauseous or offensive matter in or on a highway, including a portion of the right of way of it.
(3) A person must not place, deposit or dump, or cause to be placed, deposited or dumped, rocks or dirt in or on a highway, including a portion of the right of way of it, without the consent of the party with jurisdiction over the highway at issue, which may be either the minister responsible for the administration of the Transportation Act, the council of a municipality or the governing body of a treaty first nation, or a person authorized by one of them to exercise the jurisdiction.




However, there may be local bylaws that require home and business owners to remove snow from sidewalks.
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Old 05-13-2015, 07:20 PM   #16
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Quote:
Originally Posted by zulutango View Post
"highway" includes

(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,
but does not include an industrial road;



It is defined as a "highway", so Govt acts and regulations apply...but there is no obligation under those acts and regulations to clear snow from them.

And snow does not fall into any of these catagories....
BC Transportation Act
3 Without limiting any other power the minister has under this or any other enactment, the minister may enter into contracts for, or otherwise provide for the carrying out of, any activity or service relating to transportation, including, without limitation, the planning, design, acquisition, holding, construction, use, operation, upgrading, alteration, expansion, extension, maintenance, repair, rehabilitation, protection, removal, closure and disposition of provincial public undertakings and related improvements.

... I have no idea where I was trying to go with that previous post.
Something about how can somebody have a "private road" and expect a magical mix of public service and maintenance but the ability to privately post signs and have them enforced by public servants.

I'm sorry, I regret posting.
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Old 05-13-2015, 07:23 PM   #17
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"MAY ENTER"..... that's OK....I often feel that way myself after posting here....
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Old 05-14-2015, 09:09 AM   #18
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interesting, Unit91 just posted conflicting information to AndroidAAA's post who works for the municipality.

ZT or other peace officers wish to chime in on parking enforcement of a private property?
Our street and traffic bylaws will not apply to private roads, the RCMP officer should have used the mva act.

I'll give you the answer you are looking for, if you dispute the ticket it will be thrown out in the screening process.
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Old 08-19-2015, 11:50 AM   #19
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just got a call today
in case anyone was wondering they did void the ticket...private road = traffic bylaws N/A
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Old 08-20-2015, 08:51 AM   #20
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lol then what is the point of having a taxi only sign haha
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