Hamilton Traffic and Sidewalks Ordinance 1988

1 Citation and application within City of Hamilton

2 Interpretation

3 Time limit for parking

4 Restriction of parking of taxis

5 Restriction of parking of motor cycle or auxiliary cycle

6 Positioning of motor cycle, cycle or auxiliary cycle when parked on any street

7 [omitted]

8 Single yellow line

9 Double yellow line

10 Traffic signs restricting parking

11 Loading zones

12 Taxi stands

13 Vehicle stopping or park ing so as to cause inter ruption of traffic

14 Prohibition of parking ve hicle or riding horse on sidewalk

15 Cycle parking areas re served for 2 or 3 wheeled vehicles

16 Temporary sidewalk ex tending into street; prohi bition of stopping or parking alongside or op posite

17 Causing interruption of traffic by making a "U" turn

18 Direction of travel in one-way street

19 Restriction of parking of public carriage

20 Restriction of leaving of horse or horsedrawn vehi cle in street

21 Speed limit on wharf

22 Speed limit for vehicle without springs

23 Permit for tracked vehicle to be driven on street

24 Restriction of driving container truck on certain streets

25 Prohibition of driving container truck on certain streets

26 Time limit for leaving container truck standing on street

27 [omitted]

28 Certain activities prohib ited

29 Penalty for contravention

30 Saving for specific written permission

31 Removal of vehicle left on street for 7 days

32 Notice to remove vehicle left on street for 7 days

33 [omitted]

34 [omitted]

Corporation for the exclusive purpose of parking cycles, aux iliary bicycles and motor cycles and designated as such by white lines painted on the carriage way or by traffic signs;

"driver" means any person driving, propelling, or in charge of any vehicle and includes the rider of a horse, and "drivers" and other cognate expressions shall be construed accordingly;

"emergency vehicle" means any fire engine or auxiliary tender for fire-fighting apparatus conveying members of the Fire Ser vice; any ambulance; and any police vehicle operated by the Bermuda Police Service;

"goods" includes all kinds of goods, livestock, merchandise and wares;

"goods vehicle" means a vehicle constructed or adapted to be used primarily for the carriage of goods, and includes a con tainer truck or shipping container;

"horse" includes any beast of draught or burden;

"interruption of traffic" means any obstruction by which the passage of any vehicle, horse or pedestrian along any street is, or is likely to be, prevented or impeded;

"loading hours" means any time between 8am and 5pm on any day other than a Sunday or other public holiday;

"loading zone" means any space allotted by the Corporation for the loading and unloading of goods vehicles and designated as such by a white line being painted on the sidewalk or curb with the words "loading zone" thereon;

"motor car' has the meaning given in the Motor Car Act 1951 [title 21 item 4];

"motor cycle" has the meaning given in the Motor Car Act 1951 [title 21 item 4], and includes an auxiliary cycle declared to be a motor cycle under the Motor Cycles and Auxiliary Bicycles (Special Measures of Control) Act 1953 [title 21 item 6];

"parking" means the standing on a street of any vehicle, other than an emergency vehicle, whether occupied or not except—

(a) while the vehicle is being loaded or unloaded;

(b) while passengers are entering or leaving the vehicle;

(d) while temporarily stopped by reason of traffic conditions;

(e) while stopped owing to mechanical breakdown or lack of fuel;

and "park" and other cognate expressions shall be construed ac cordingly;

"parking area" means any area allotted or set aside by the Corpo ration for the parking of vehicles and designated as such by public notice or by traffic signs;

"pedestrian" means any person using a street on foot or in an in valid carriage for the purpose of passage but does not include a person propelling a vehicle;

"pedestrian crossing" means a part of the street for pedestrians to pass from one side of the carriage way to another and des ignated by markings on the carriage way;

"police officer" means any member of the Bermuda Police Service; or any traffic warden in uniform, or any other officer deemed to be a police office by the Municipalities Act 1923 [title 4 item 1];

"public carriage" has the meaning given in the Public Carriage Act 1949 [title 21 item 9];

"restricted parking area" means all of Victoria Street and any street or any part of any street within the City of Hamilton, that lies south of Victoria Street, and includes all of Court Street, Wesley Street and Par la Ville Road, but excludes Richmond Road;

"shipping container" means those receptacles commonly used for the storage and shipment of goods by sea;

"sidewalk" means any paved or unpaved portion of any street which is provided by the Corporation for the use of pedestri ans, and includes a footpath;

"stopping" means the standing on a street of any vehicle, other than an emergency vehicle, whether occupied or not except—

(a) when stopped in compliance with the directions of a police officer or of a traffic sign or traffic signal;

(b) while temporarily stopped by reason of traffic conditions;

and "stopped" and cognate expressions shall be construed ac cordingly;

"street" includes any alley, highway, lane, parking area, pave ment, public area, public passage, sidewalk, thoroughfare or wharf used by horses, pedestrians or vehicles;

"taxi" means any motor car which is being operated as a motor taxi under the authority of a valid permit granted under the Motor Car Act 1951 [title 21 item 4], or a special permit granted under the Motor Taxi (Special Permits) Act 1970 [title 21 item 10];

"taxi stand" means an area allotted by the Corporation for the exclusive parking of taxis and designated as such by a traffic sign;

"tracked vehicle" has the meaning given in the Motor Car Act 1951 [title 21 item 4];

"traffic" means animals, pedestrians and vehicles using a street;

"traffic sign" means a sign for regulating the movement of traffic or the parking of vehicles and which is lawfully erected, placed or marked on or near any street;

"traffic signal" means a traffic sign which, for the purpose of reg ulating the movement of traffic, gives varying signals from time to time;

"tree" includes plant, shrub or vine;

"vehicle" includes any motor car, motor cycle, auxiliary cycle, cy cle, wagon, carriage, cart, tractor, trailer, shipping container, hand cart, or other conveyance (except a baby carriage or perambulator) which is used for the transportation of pas sengers, animals, goods or other loads; and "vehicular" shall be construed accordingly;

"working hours" means any time between 9am and 5pm on any day other than a Sunday or other public holiday.

[article 2 amended by 1997 : 37 effective by notice in Official Gazette]

Time limit for parking

3 No vehicle other than a cycle, motor cycle, auxiliary bicycle, or shipping container, shall be parked in any restricted parking area for more than one hour in any one place during working hours, unless traf fic signs permit parking for a longer period.

Restriction of parking of taxis

4 No taxi shall be parked in any restricted parking area during working hours unless that taxi is parked in a taxi stand and is plying for hire and the driver of that taxi is within 30 feet of that taxi.

Restriction of parking of motor cycle or auxiliary cycle

5 No motor cycle or auxiliary cycle shall be parked in any re stricted parking area during working hours unless that motor cycle or auxiliary cycle is parked in a cycle parking area or is parked in confor mity with traffic signs that permit such parking.

Positioning of motor cycle, cycle or auxiliary cycle when parked on any street

6 No motor cycle, cycle or auxiliary cycle shall be parked on any street in such a manner that any wheel of the vehicle is more than one foot from the curb, unless it is properly parked within a cycle parking area.

7 [omitted]

Single yellow line

8 No vehicle, horse or goods shall be parked on a street during working hours alongside a single yellow line.

Double yellow line

9 No vehicle, horse or goods shall be parked on any street at any time alongside a double yellow line.

Traffic signs restricting parking

10 (1) The Corporation may erect or place traffic signs restricting the parking of certain or all classes of vehicles on any street or part of any street and may erect or display signs limiting the length of time ve-

hicles, or certain classes of vehicles, may be parked on any street or part of any street.

(2) No vehicle shall be parked in contravention of a sign erected in conformity with subsection (1).

Loading zones

11 (1) No vehicle other than a goods vehicle may be stopped or parked in a loading zone during loading hours, except on a Saturday when such vehicle may be stopped or parked for no more than one hour; but nothing in this Article shall be deemed to permit anything prohibited by any other Article of this Ordinance

(2) No goods vehicle other than a shipping container may be parked in a loading zone during loading hours for more than one hour.

Taxi stands

12 No vehicle other than a taxi shall park in a taxi stand during working hours or during such other times as may be prohibited by a traffic sign.

Vehicle stopping or parking so as to cause interruption of traffic

13 No vehicle shall be stopped or parked on any street in such a manner so as to cause an interruption of traffic.

Prohibition of parking vehicle or riding horse on sidewalk

14 No vehicle or horse shall be parked wholly or partly upon or driven or ridden along any sidewalk.

Cycle parking areas reserved for 2 or 3 wheeled vehicles

15 No vehicle other than one having only 2 or 3 wheels shall be parked within or partly within a cycle parking area.

Temporary sidewalk extending into street; prohibition of stopping or parking alongside or opposite

16 No vehicle may be stopped or parked alongside or opposite any street obstruction or temporary sidewalk that extends into the carriage way.

Causing interruption of traffic by making a "U" turn

17 No vehicle shall make a "U" turn in any street in such a manner as to cause an interruption to traffic.

Direction of travel in one-way street

18 No vehicle other than an emergency vehicle shall turn into any one-way street or proceed therein other than in the proper direction.

Restriction of parking of public carriage

19 No public carriage shall be parked in any street other than in an area designated for the parking of such vehicles.

Restriction of leaving of horse or horsedrawn vehicle in street

20 No horse or horse-drawn vehicle shall be left in any street with out a proper person in attendance, unless that horse is securely tied to some post or other suitable object; but nothing in this Article shall be deemed to permit anything prohibited by Article 28.

Speed limit on wharf

21 No vehicle shall be driven on any wharf, or the enclosure to any wharf, at a speed greater than 15 kilometres an hour.

Speed limit for vehicle without springs

22 No vehicle without springs shall be driven or towed in any street at a speed greater than 15 kilometres an hour.

Permit for tracked vehicle to be driven on street

23 No tracked vehicle may be driven along any street without first obtaining a written permit from the Corporation.

Restriction of driving container truck on certain streets

24 No container truck shall be driven on Queen Street, Burnaby Street or Parliament Street, or that part of Reid Street or Front Street west of Court Street, but nothing in this Article shall prohibit a container- truck using the street in order to gain direct access to any premises on that street for the purpose of collecting or delivering goods to those premises.

Prohibition of driving container truck on certain streets

25 No container-truck shall be driven on Court Street north of Ew ing Street, or on Burnaby Street south of Reid Street.

Time limit for leaving container truck standing on street

26 No container-truck, or part of a container-truck, or shipping container shall be left standing in any street for more than 24 hours.

27 [omitted]

Certain activities prohibited

28 No person shall:

(a) wash any vehicle in any street;

(b) except as permitted by this Ordinance leave or allow to remain in any street any vehicle or derelict vehicle for a period exceeding 7 days;

(d) move, push or roll any container wholly or partly along any sidewalk except when necessarily crossing it in a di rect line and by the shortest practicable course to and from the carriageway;

(e) allow any goods or container in the course of delivery at or from any premises to remain in any street for longer than one hour;

(f) sell or offer or expose for sale any goods or services on any street;

(g) tie any animal to any tree or to any fence, guard, rail or other structure standing on Corporation property and erected for the protection of any tree;

(h) tie any animal to any Corporation flagpole or to any stay or stays of such flagpole, or to any light standard or to any fencing standing on Corporation property;

(i) break, climb, destroy, mark, pick, uproot or otherwise injure any tree, bulb or flower growing on property be longing to the Corporation unless that person is an em ployee of the Corporation acting in the course of his em ployment, or is a person acting as an agent of the Corpora tion;

(j) break, climb, destroy, mark, pick, remove, uproot or otherwise damage any fence, guard, rail or other struc ture erected for the protection of any tree, standing on property belonging to the Corporation unless that person is an employee of the Corporation acting in the course of his employment, or is a person acting as an agent of the Corporation;

(k) damage, destroy, uproot or otherwise injure any turf or grass growing on property belonging to the Corporation unless that person is an employee of the Corporation acting in the course of his employment, or is a person acting as an agent of the Corporation;

(l) discard, throw or place any bottle, can, paper or trash in any street, except in a receptacle provided for that pur pose;

(m) deposit, leave, place or throw any filthy or offensive matter or substance in any street;

(n) roller skate or ride any skate-board in any street;

(o) shine or clean shoes or boots in any street for payment or reward;

(p) assemble, in any street, with other persons so as to cause or be likely to cause an interruption of traffic or, on being required to do so by a police officer, fail to move on or disperse in such a manner as to cease to cause an interruption to traffic;

(q) play, in any street, any radio or operate any other device for the reproduction or creation of music or other sounds in such a manner that it may be heard beyond a distance of 30 feet;

(r) being a pedestrian, wilfully and without lawful excuse disobey the direction or signal given by a police officer who is for the time being engaged in the regulation of traffic or deliberately fail to conform to the indication given to him by any traffic signal;

(s) deliberately use or operate a traffic signal except with the intention and for the purpose of traversing a pedestrian crossing, unless that person is an employee of the Corporation acting in the course of his employ ment or otherwise duly authorised by the Corporation for that purpose;

(t) place or erect any traffic sign, or any sign which so re sembles any traffic sign that it may be understood as a

traffic sign, on any street save with the written permis sion of the Corporation;

(u) post or attach any bill, sign or poster to, or on, any Cor poration property;

(v) use or park any vehicle, or part of a vehicle, in such a manner as to cause damage to any street.

Penalty for contravention

29 Any person who contravenes any of the provisions of this Ordi nance commits an offence against this Ordinance and is liable to prose cution for such offence in accordance with the Municipalities Act 1923 [title 4 item 1], and the Road Traffic Act 1947 [title 21 item 3], and, where appropriate, shall be subject to the penalties specified in the Traffic Of fences (Penalties) Act 1976 [title 21 item 13].

Saving for specific written permission

30 Nothing in the Ordinance shall prevent the Corporation giving written permission to any person, society, firm, or incorporated com pany, including the Corporation's own employees or agents, to do any act which in the absence of such permission might constitute a contraven tion of this Ordinance, and any such permission shall be good and valid authority to the holder thereof acting in accordance with such permission; however, in any court proceedings taken under this Ordinance the onus of proving that any such permission has been granted shall lie with the person asserting that fact.

Removal of vehicle left on street for 7 days

31 (1) When a contravention of Article 28(b) of this Ordinance oc curs then whether any proceedings are taken against the driver or not the vehicle concerned may be removed by any police officer, or by any Corporation employee or agent so instructed by the Corporation, and no liability shall attach to any authorised person so moving the vehicle or causing it to be moved for any damage or loss occasioned thereby.

(2) When a contravention of Article 28(u) of this Ordinance oc curs then whether any proceedings are taken against the person con cerned or not the offending article may be removed by any police officer, or by any Corporation employee or agent so instructed by the Corpora tion, and no liability shall attach to any authorised person for any dam age or loss occasioned thereby.

Notice to remove vehicle left on street for 7 days

32 The Corporation may send a notice by registered mail to the reg istered owner of any vehicle contravening Article 28(b) requiring the owner to remove the vehicle within a period of 7 days of the posting of such no tice. In the event that the vehicle is not removed by the registered owner within that period, the owner shall be liable to the Corporation for any expenses incurred by the Corporation for the removal or storage of the vehicle, and the Corporation shall be entitled to recover such expenses from the owner as a civil debt.

Revocation

33 [omitted]

Commencement

34 [omitted]

|Amended by:
1997 : 37|

Bermuda Consolidated Legislation

Hamilton Traffic and Sidewalks Ordinance 1988