Casual legal: Proper signs can make or break a case
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
By Austin Leask
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
During the winter months snow clearing is top of mind for both residents and municipalities. Managing snowfall presents a range of challenges. One common issue municipalities face is vehicles left parked in areas scheduled for plowing. Parking bans and bylaws prohibiting parking during snow-clearing operations are typical tools used to address this problem. However, complications can arise when municipalities are forced to take enforcement steps on mis-parked vehicles. This article discusses the importance of municipalities understanding their obligations with signage for snow clearing and how failing to meet these obligations may prevent the successful enforcement of bylaw infractions.
Signage Requirements
It is common for bylaws addressing snow-clearing and parking bans to include requirements for how signage must be posted. These can include:
the signs are posted for a specified number of hours before the clearing;
the signs contain certain information on them, such as the reason for the parking ban; and
the signs are posted on specific areas of a roadway.
If a municipality has not met its sign posting obligations under its bylaw, it may not be able to enforce infractions of a parking ban. Municipalities can develop practices to document their compliance with any applicable posting requirements. Identifying the department or individual who places the signs, creating a reporting system that documents when and where signs are placed, or maintaining a map that shows where signs are placed are all ways to create a record of how the municipality has complied with its obligations. These may also create helpful evidence if a ticket proceeds to trial and the municipality must prove beyond a reasonable doubt that the signs were posted correctly.
Take Away
When people contravene bylaws prohibiting parking for snow clearing, the enforcement of those tickets will be fact specific. The starting point for successful enforcement begins with the language of the bylaw itself. If the bylaw creates an obligation for the municipality to post signage in a specific way, failing to do so or lacking evidence of its compliance may prevent the municipality from enforcing on tickets issued to mis-parked vehicles.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
