Traffic Bylaw

Whereas section 11 of the Municipal Act, 2001 authorizes municipalities to enact bylaws respecting matters within the sphere of jurisdiction of "highways, including parking and traffic on highways", in conjunction with the provisions of the Highway Traffic Act;

Therefore the Council of the Corporation of the City of Kingston enacts as follows:

For the purposes of this Bylaw:

Area Speed Limit means the speed limit in effect on all highways within a Designated Area, unless otherwise signed, as indicated on prescribed gateway speed limit signage;

Authorized sign means any sign, as defined in this bylaw, that is in compliance with the Highway Traffic Act and the regulations made under that Act and whose installation has been authorized by bylaw;

City and City of Kingston mean The Corporation of the City of Kingston, as incorporated on January 1, 1998;

Community safety zone means a highway designated in this bylaw under the authority of the Highway Traffic Act on which public safety is, in Council’s opinion, of special concern;

City Council mean the Council of the City of Kingston;

Designated Area means a neighbourhood designated pursuant to the Highway Traffic Act where the maximum rate of speed for all highways within the neighbourhood is less than 50 kilometers per hour;

Emergency vehicle includes an ambulance, fire department vehicle, and police department vehicle;

Engineering Division means the Engineering Division, Department of Planning and Development Services or, in the event of organizational changes, another unit designated by City Council to carry out the Division’s responsibilities;

Highway means a common and public highway or portion thereof, and includes any bridge, trestle, viaduct or other structure forming part of a highway;

Install means to install, place or erect, and "installation" has a corresponding meaning;

Manager of Engineering means the Manager, Engineering Division, Department of Planning and Development Services, his or her designate or, in the event of organizational changes, another employee designated by City Council;

Municipal service vehicle means a vehicle operated by or on behalf of the City while the vehicle is being used for the repair or maintenance of highways, the collection or transportation of waste, or other municipal purpose for which heavy equipment is required;

Public utility means a system that is used to provide a service to the public, and includes water, sewage, electricity, gas, telephone and cable services;

Public utility service vehicle means a vehicle operated by or on behalf of Utilities Kingston and its subsidiary companies or any other company or agency that supplies or manages a public utility within the City while the vehicle is being used for the repair or maintenance of a public utility or other purpose for which heavy equipment is required;

Road # 2 means the highway under the jurisdiction of the City that extends from the eastern limit of the Lasalle Causeway to the eastern boundary of the City, and that was formerly designated as Provincial Highway # 2 and, subsequently, as County Road # 2;

Road # 15 means the highway under the jurisdiction of the City that extends from Road # 2 to the southern limit of Provincial Highway # 401, and that was formerly designated as Provincial Highway # 15 and, subsequently, as County Road # 15;

Road # 38 means the highway under the jurisdiction of the City that extends from the northern limit of Provincial Highway # 401 to the northern boundary of the City, and that was formerly designated as Provincial Highway # 38;

School zone means the portion of a highway that adjoins the entrance to or exit from a school and that is within 150 metres along the highway in either direction beyond the limits of the land used for the purposes of the school;

Sign includes any sign, marking on a roadway, curb or sidewalk, or other traffic control device, other than a traffic control signal system, that provides notice of traffic regulations; and

Through highway means a highway designated in this bylaw under the authority of the Highway Traffic Act that is marked by an authorized stop sign.

1.2 Except as otherwise provided in section 1.1, the words and terms used in this bylaw have the same meaning as the words and terms used in the Highway Traffic Act.

2.1 This bylaw applies to every highway over which the City of Kingston has jurisdiction or, in the case of a boundary highway, joint jurisdiction.

2.2 This bylaw does not apply to a provincial highway or to a private road.

3.1 In accordance with the requirements of subsection 144(31) of the Highway Traffic Act, the Manager of Engineering is designated by City Council as the person whose approval is required prior to the erection or installation of any new traffic control signal system or traffic control signal used in conjunction with traffic control signal system that has been authorized.

3.2 The Engineering Division is responsible for the administration of this bylaw, including the installation and maintenance of signs that have been authorized.

Speed Limits – General

4.1 No person shall drive a motor vehicle on any highway that is located to the north of Highway 401 at a rate of speed greater than 80 kilometres per hour.

4.2 Despite section 4.1, where a lower maximum rate of speed is prescribed in sections 4.6, 4.7, 4.8, 4.9, 4.9.1, 4.9.2 or 4.10 for any highway located to the north of Highway 401, no person shall drive a motor vehicle on that highway at a rate of speed greater than the prescribed maximum rate of speed. 

4.3 No person shall drive a motor vehicle on any highway that is located to the south of Highway 401 at a rate of speed greater than 50 kilometres per hour.

4.4 Despite section 4.3, where a different maximum rate of speed is prescribed in sections 4.5, 4.6, 4.7, 4.9, 4.9.1, 4.9.2 or 4.10 for any highway located to the south of Highway 401, no person shall drive a motor vehicle on that highway at a rate of speed greater than the prescribed maximum rate of speed. 

4.4.1 Despite section 4.9.1, where a different maximum rate of speed is prescribed in section 4.9.2 for any highway, no person shall drive a motor vehicle on that highway at a rate of speed greater than the prescribed maximum rate of speed. 

Speed Limits – Specific Highways

4.5 No person shall drive a motor vehicle on any highway described in Schedule A-1 at a rate of speed greater than 80 kilometres per hour.

4.6 No person shall drive a motor vehicle on any highway described in Schedule A-2 at a rate of speed greater than 70 kilometres per hour.

4.7 No person shall drive a motor vehicle on any highway described in Schedule A-3 at a rate of speed greater than 60 kilometres per hour.

4.8 No person shall drive a motor vehicle on any highway described in Schedule A-4 at a rate of speed greater than 50 kilometres per hour.

4.9 No person shall drive a motor vehicle on any highway described in Schedule A-5 at a rate of speed greater than 40 kilometres per hour.

4.9.1 The highways or portions of the highways bounded by the Designated Areas set out in Column 1 of Schedule A-7 are hereby restricted to the maximum rate of speed for the Designated Area, known as the Area Speed Limit, as set out in Column 2 of Schedule A-7, and no person shall drive a motor vehicle on any highway bounded by the highways as set out in Column 1 of Schedule A-7 at a rate of speed greater than the maximum rate of speed as set out in Column 2 of Schedule A-7 

4.9.2 No person shall drive a motor vehicle on any highway descried in Schedule A-8 at a rate of speed greater than 30 kilometres per hour. 

4.10 The highways described in Schedule A-6 are designated as school zones, and no person shall drive a motor vehicle at a rate of speed greater than 40 kilometres per hour on any highway in a designated school zone between the hours prescribed in Schedule A-6 when the lights are flashing.

4.11 The installation of signs and flashing amber lights identifying the designated school zones described in Schedule A-6 is authorized.

4.12 The installation of signs identifying the maximum rates of speed prescribed by this bylaw is authorized.

Traffic Control Signal Systems

4.13 The installation of traffic control signal systems is authorized on highways at the intersections and locations described in Schedule B-1.

Blocking Intersection

4.13.1

1. No person driving or operating a vehicle approaching an intersection with a traffic control signal showing a circular green or green arrow indication shall enter the intersection unless traffic in front of him or her is moving in a manner that would reasonably lead him or her to believe he or she can clear the intersection before the signal indication changes to a circular red indication.
2. A bylaw passed under subsection (1) does not apply to a driver or streetcar operator who enters an intersection for the purpose of turning to the right or left into an intersecting highway and signals his or her intention to make the turn prior to entering the intersection.
3. A bylaw passed under subsection (1) shall apply to all signalized intersections of highways under the jurisdiction of the municipality. 

Flashing Lights

4.14 The installation of traffic control signals showing flashing lights is authorized at the intersections of the highways described in Schedule B-2, with the flashing red and amber lights facing the traffic that is approaching these intersections from the highways specified in columns 1 and 2 as having red or amber lights.

Through Highways

4.15 The highways described in Schedule C-1 are designated as through highways.

4.16 A designation as a through highway is not in effect at an intersection with a provincial highway or with a private road.

4.17 A designation as a through highway is not in effect at an intersection controlled by a traffic control signal system.

4.18 Subject to sections 4.16 and 4.17, the installation of stop signs is authorized at every intersection of a designated through highway and another highway, with the stop signs facing the traffic that is travelling toward the through highway.

Yield Right-of-Way Signs

4.19 The installation of yield right-of-way signs is authorized at the intersections of the highways described in Schedule C-2, with the yield right-of-way signs facing the traffic on the highways specified in column 1 approaching the highways specified in column 2 and sign locations specified in column 3.

All-Way Stop Signs

4.20 The intersections of the highways described in Schedule C-3 are designated as all-way stop intersections, and the installation of stop signs is authorized on each of the corners at these designated intersections.

One-Way Traffic

4.21 The highways described in Schedule D-1 are designated for the use of one-way traffic only and no person shall drive a vehicle on a designated highway except in the direction specified in Schedule D-1.

4.22 The installation of signs identifying the designated highways described in Schedule D-1 is authorized.

Traffic Lanes

4.23 The lanes of highways described in Schedule D-2 are designated as lanes for the movement of traffic, and no person shall drive a vehicle in a designated lane except in the direction or directions specified in Schedule D-2.

4.24 The installation of signs identifying the designated lanes described in Schedule D-2 is authorized.

Two-Way Left-Turn Lanes

4.25 The centre lanes of the highways described in Schedule D-3 are designated as lanes for the making of left turns by vehicles 10ones10ing in either direction, and no person shall drive a vehicle in a designated centre lane except in preparation for a left turn.

4.26 No person driving a vehicle on a highway described in Schedule D-3 shall move the vehicle into the designated centre lane of that highway in preparation for a left turn until he or she has first ascertained that the movement can be made with safety.

4.27 The installation of signs identifying the designated centre lanes described in Schedule D-3 is authorized.

Community Safety Zones

4.28 The highways described in Schedule D-4 are designated as community safety zones.

4.29 The designated community safety zones described in Schedule D-4 are in effect for twenty-four hours per day, seven days per week, from the first day of January in each calendar year to the 31st day of December.

4.30 The installation of signs identifying the designated community safety zones described in Schedule D-4 is authorized.

Bus Lanes

4.30.1 The lane and highways described in Schedule D-5 are designated as lanes for buses only, and no person shall drive any other motor vehicle in these designated lanes.

4.30.2 The installation of signs identifying the designated lanes as described in Schedule D-5 is authorized. 

Left Turn Restrictions

4.31 The intersections and other locations described in Schedule E-1 are designated as intersections and locations at which left turns are restricted, and no person driving a vehicle toward a designated intersection or location on a highway specified in column 1 in the direction specified in column 2 shall make a left turn into the highway or location specified in column 3.

4.32 The left turn restrictions set out in section 4.31 and Schedule E-1 are in effect at all times, unless otherwise specified.

4.33 The installation of signs identifying these left turn restrictions is authorized at the designated intersections described in Schedule E-1.

Right Turn Restrictions

4.34 The intersections described in Schedule E-2 are designated as intersections at which right turns are restricted, and no person driving a vehicle toward a designated intersection on a highway specified in column 1 in the direction specified in column 2 shall make a right turn into the highway specified in column 3 at any time, unless otherwise specified. 

4.35 The intersections described in Schedule E-5 are designated as intersections at which right turns on a solid red signal are restricted, and no person driving a vehicle toward a designated intersection on a highway specified in column 1 in the direction specified in column 2 shall make a right turn into the highway specified in column 3 on a solid red signal during the times specified in column 4.

4.36 The installation of signs identifying these right turn restrictions is authorized at the designated intersections described in Schedule E-2 and Schedule E-5. 

U-Turn Restrictions

4.37 The locations described in Schedule E-3 are designated as locations where U-Turns are restricted, and no person driving a vehicle toward a designated location on a highway specified in column 1 in the direction or directions specified in column 2 shall, at any time, turn the vehicle at the location specified in column 3 so as to proceed in the opposite direction.

4.38 The installation of signs identifying these U-turn restrictions is authorized at the designated locations described in Schedule E-3.

No Straight Through

4.39 The intersections described in Schedule E-4 are designated as intersections where a right-turn or left-turn is mandatory, and no person driving a vehicle toward a designated intersection on a highway specified in column 1 toward its intersection with the highway specified in column 2 in the direction or directions specified in column 3 shall proceed straight through that intersection.

4.40 The installation of signs identifying these restrictions is authorized at the designated intersections described in Schedule E-4.

Heavy Traffic Restrictions

4.41 The highways described in Schedule F-1 are designated as highways on which heavy traffic is prohibited

4.42 No person shall drive or operate a commercial motor vehicle or another type of vehicle or equipment on a designated highway whose weight, when unloaded, is one tonne or more or, when loaded, is three tonnes or more.

4.43 The installation of signs identifying these restrictions is authorized on the designated highways described in Schedule F-1.

Seasonal Load Limits

4.44 The highways described in Schedule F-2 are designated as highways to which reduced load restrictions apply from the period of the first day of March to the thirtieth day of April, inclusive, of each calendar year or, at the discretion of the Director of Transportation Services or their delegate, from such other date prior to March 1 until such other date prior to or after April 30, of any calendar year, as weather and road conditions may require. 

4.45 During this reduced load period, no person shall operate a vehicle on a designated highway with a load that exceeds the limits set out in section 122 of the Highway Traffic Act.

4.46 The installation of signs identifying these restrictions is authorized on the designated highways described in Schedule F-2.

Cycling Lanes

4.47 The lanes or portions of lanes of highways described in Schedule D-6 attached hereto are designated as lanes that have signs, or road paint markings, or the combination of both identifying the designated lanes described in Schedule D-6 that may be used by bicycles.

4.48 "Bicycle" for the purposes of this bylaw shall include a tricycle, a unicycle and a power-assisted bicycle but shall not include a motor-assisted bicycle; ("bicyclette"); as defined by the Motor Vehicle Safety Regulations (C.R.C., c.1038) and the Highway Traffic Act (R.S.O. 1990, CHAPTER H.8).

4.49 Exemptions:

1. The access/egress of entrances, intersections, curb lane parking zones, and other similar road-use features;
2. Operating a vehicle while actively engaged in loading/unloading passengers and deliveries;
3. Emergency vehicles and municipal services and Public Utility Service Vehicles defined in this bylaw including ambulances, police or fire service vehicles or any other vehicle actively engaged in responding to an emergency;
4. Vehicles actively engaged in works undertaken for or on behalf of the City, Kingston Transit or a public utility, including utilities providing telecommunications, energy, water supply and wastewater related services, snow clearing and maintenance; and
5. Temporary closure of lanes due to construction works and other closures approved by the City

5.1 The exemptions from traffic regulations that are set out in the Highway Traffic Act apply to the relevant provisions of this bylaw

5.2 The following are exempt from the weight restrictions set out in sections 4.41 and 4.44:

• emergency vehicles;
• municipal service vehicles;
• public utility service vehicles;
• municipal transit vehicles;
• school buses;
• vehicles used exclusively for the transportation of milk; and
• moving vans and vehicles making deliveries.

The following Schedules are attached to and form part of this bylaw:

Schedule A: Speed Limits

A-1 Highways with a Limit of 80 Kilometres per Hour.

A-2 Highways with a Limit of 70 Kilometres per Hour

A-3 Highways with a Limit of 60 Kilometres per Hour.

A-4 Highways with a Limit of 50 Kilometres per Hour.

A-5 Highways with a Limit of 40 Kilometres per Hour.

A-6 School Zones with a Limit of 40 Kilometres per Hour when Lights Flashing.

A-7 Designated Areas with an Area Speed Limit

A-8 Highways with a Limit of 30 Kilometres per Hour

Schedule B: Locations Controlled by Traffic Control Signals

B-1 Traffic Control Signal Systems

B-2 Flashing Lights

Schedule C: Intersections Controlled by Stop and Yield Signs

C-1 Through Highways

C-2 Yield Right-of-Way Signs

C-3 All-Way Stop Signs

Schedule D: Designated Streets and Lanes

D-1 One-Way Traffic

D-2 Traffic Lanes

D-3 Two-Way Left-Turn Lanes

D-4 Community Safety Zones

D-5 Bus Lanes

D-6 Bicycle Lanes

Schedule E: Turning Regulations

E-1 Left Turn Restrictions

E-2 Right Turn Restrictions

E-3 U-Turn Restrictions

E-4 No Straight Through

E-5 Right Turn on Red Light Restrictions

Schedule F: Weight Restrictions

F-1 Heavy Traffic Restrictions

F-2 Seasonal Load Limits

7.1 Any person who contravenes this bylaw is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act or the Highway Traffic Act and to any other applicable penalties.

7.2 If this bylaw is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.

8.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this bylaw to be invalid, or to be of no force and effect, it is the intention of Council in enacting this bylaw that each and every provision of this bylaw authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

9.1 This bylaw comes into force on the date it receives third reading and is passed.

A-1 Highways with a Limit of 80 Kilometres per Hour

A-2 Highways with a Limit of 70 Kilometres per Hour

A-3 Highways with a Limit of 60 Kilometres per Hour 

A-4 Highways with a Limit of 50 Kilometres per Hour 

A-5 Highways with a Limit of 40 Kilometres per Hour 

A-6 School Zones with a Limit of 40 Kilometres per Hour when Lights Flashing 

A-7 Designated Areas with an Area Speed Limit 

A-8 Highways with a Limit of 30 Kilometres per Hour 

B-1 Traffic Control Signal Systems

B-2 Flashing Lights 

C-1 Through Highways

C-2 Yield Right-of-Way Signs

C-3 All-Way Stop Signs

D-1 One-Way Traffic 

D-2 Traffic Lanes

D-3 Two-Way Left-Turn Lanes

D-4 Community Safety Zones

D-5 Bus Lanes 

Schedule D-6: Bicycle Lanes 

E-1 Left Turn Restrictions

E-2 Right Turn Restrictions 

E-3 U-Turn Restrictions 

E-4 No Straight Through 

E-5 Right Turn on Red Light Restrictions

F-1 Heavy Traffic Restrictions

F-2 Seasonal Load Limits