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BYLAW 187-03
1
OF
ALBERTA BEACH
IN THE PROVINCE OF ALBERTA
BEING A BYLAW OF ALBERTA BEACH, IN THE PROVINCE OF ALBERTA, TO
REGULATE AND CONTROL THE OPERATION OF ALL OFF-HIGHWAY VEHICLES
WITHIN THE BOUNDARIES OF ALBERTA BEACH.
WHEREAS pursuant to the provisions of section 118(1)(2) of the Traffic Safety Act, (Alberta)
and amendments thereto;
WHEREAS pursuant to the provisions of section 128(a)(b) of the said Statute, the council of a
municipality may, by law, with respect to highways under its direction, control and management,
authorize such persons to operate Off-Highway Vehicles on any portion of any such highway or
class thereof and may restrict the hours during with such operation may take place, and prescribe
maximum and minimum rates of speed; and
WHEREAS the council of Alberta Beach, in the Province of Alberta, considers it desirable and
expedient to restrict the operation of Off-Highway Vehicles within its boundaries in accordance
with the regulations specified in Part 6 of the Traffic Safety Act (Off-Highway Vehicle
Regulation) (Alberta), as amended and regulations thereto, the Council of Alberta Beach, in the
Province of Alberta, duly assembled, enacts:
SECTION 1 - CITATION
This bylaw may be cited as the Alberta Beach "Off-Highway Vehicles Bylaw"
SECTION 2 - DEFINITIONS
In this bylaw:
1.
"All terrain vehicle" means a wheeled or tracked motor vehicle designed for travel
primarily on unprepared surfaces such as open country and marshland, but does not
include a snow vehicle implement of husbandry or construction machinery;
2.
"Financial responsibility card" means a card issued or authorized pursuant to the
Insurance Act;
3.
"Highway" means a highway as defined in the Traffic Safety Act;
4.
"Insured off-highway vehicle" means an Off-Highway Vehicle of which is insured by a
policy of insurance approved under Part 7 of the Insurance Act and containing the
coverage and limits fixed by that Part for automobiles in relation to public liability,
property damage and accident benefits in respect of that Off-Highway Vehicle;
5.
"Insurer" means a person licensed under the Insurance Act to carry on the business of
automobile insurance of Alberta;
6.
"Alley" means a narrow highway intended chiefly to give access to the rear of buildings
and parcels of land;
7.
"Motor cycle" means a motor vehicle mounted on 2 or 3 wheels and includes those motor
vehicles known to the trade as motor cycles, scooters and power bicycles;
BYLAW 187-03
2
8.
"Off-highway vehicle" means any motorised vehicle designated for cross-country travel
on land, water, snow, ice, marsh or swamp land or on other natural terrain and, without
limiting the generality of the foregoing, includes, when designed for such travel:
i.
4-wheel drive or low pressure tire vehicles,
ii.
Motor cycles and related 2-wheel vehicles,
iii.
Amphibious machines,
iv.
All terrain vehicles,
v.
Snow vehicles, Snowmobiles,
vi.
And other means of transportation which is propelled by any power other than
muscular power or wind that is set out under the Off-Highway Vehicle
Regulations;
But does not include:
vii.
Motor boats, or,
viii.
Any other vehicle exempted from all of the provisions of this bylaw by the
regulations.
9.
"Park land" shall mean every recreational area owned or controlled by the Village of
Alberta Beach that lies within the limits of the Village whether such park land is
improved in whole or in part or remains in its natural state but shall include other
neighbourhood beautification areas and publicly maintained area administered by the
Village;
10.
"Permitted Area" shall mean any area outside of the Village limits where Off-Highway
Vehicles may operate;
11.
"Snow Vehicle" shall mean a motor vehicle designed or intended to be driven exclusively
or chiefly upon snow or ice or both;
12.
"Act" means the Part 6 of the Traffic Safety Act of the Revised Statutes of Alberta 2000
and amendments thereto;
13.
"Council" means the Alberta Beach Council;
14.
"Current season" means the current calendar year;
15.
"Highway" means a highway as defined in the Traffic Safety Act;
16.
"Operator" means a person who drives or is in actual physical control of a vehicle;
17.
"Owner' includes a person renting an Off-Highway Vehicle or having the exclusive use
of that vehicle under a lease or otherwise for a period of more than 30 days;
18.
"Roadway" means that part of a highway intended for use by vehicular traffic;
19.
"Unrestricted public property" shall mean land leased to the Village or under the
Village's management and control within Alberta Beach;
20.
"Restricted parking" means parking or permitting to park any vehicle within the limits of
Alberta Beach where a traffic control device is present or at any other place where a
traffic control devise prohibits stopping or parking, during the times stopping or parking
is so prohibited, or as described in the Traffic Safety Act and revised statutes and
amendments thereto, or as described by Alberta Beach Parking bylaw;
21.
"Peace officer" means a member of the Royal Canadian Mounted Police, a member of a
municipal police force, a member of the patrol division of the Department of the Solicitor
General, a forest officer, a park officer or a wildlife officer or a Special Constable
appointed by the Municipal Council.
BYLAW 187-03
3
SECTION 3 - POWERS OF A PEACE OFFICER
1.
A peace officer who, on reasonable and probable grounds, believes that an offence under
this bylaw has been committed may seize and detain any Off-Highway Vehicle in respect
of which the offence was committed until the final disposition of any proceedings that
may be taken under this bylaw or the Traffic Safety Act, and section 170 applies to that
Off-Highway Vehicle as if it were a vehicle to which section 169 applies;
2.
The provisions of Section 170 of the Traffic Safety Act shall apply with regard to the
recovery by Alberta Beach of the costs for removal and storage of any Off-Highway
Vehicle seized and detained, pursuant to Section 3 Part 1 of this bylaw.
SECTION 4 - PENALTIES - VOLUNTARY PAYMENTS
SUMMARY CONVICTIONS
1.
Every person who contravenes the provisions of this bylaw is guilty of an offence and
liable to summary conviction to a penalty as prescribed in Schedule"B" of this bylaw
attached hereto and forming a part of this bylaw.
2.
A notice or form commonly called an Offence Ticket, may be issued by a Peace Officer
to any person alleged to have breached any provision of this bylaw, and the amount
specified in this bylaw or the regulations pursuant to the Provincial Offences Procedure
Act, (Alberta) as amended.
3.
An Offence Ticket shall be deemed to be sufficiently served:
i.
If served personally on the accused; or
ii.
If mailed to the address of the registered owner of the property concerned, or the
vehicle concerned, or to the person concerned;
iii.
Except as otherwise provided in this bylaw, a person who is guilty of an offence
under this bylaw for which a penalty is not otherwise provided, is liable to a fine
of not more than five hundred dollars ($500.00) and in default of payment, is
liable to imprisonment for a term not exceeding six (6) months or to
imprisonment for a term not exceeding six (6) months without the option of a
fine.
SECTION 5 - REGULATIONS
Only those Off-Highway Vehicles described as:
1.
(a) 4-wheel drive or low pressure tire vehicles;
(b) Snow vehicles.
2.
No person shall operate an Off-Highway Vehicle within Alberta Beach between the hours
of 11:00 p.m. one day and 8:00 a.m. the following day;
3.
No person shall operate an Off-Highway Vehicle equipped with an exhaust muffler that
produces excessive noise/flame/sparks;
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4
4.
(i)
The Off-Highway Vehicles described in Section 5 Part 1(a) may be
operated within the Corporate limits of Alberta Beach year round;
(ii)
The Off-Highway Vehicles described in Section 5 Part 1(b) may be operated in
the Village of Alberta Beach from November 1st to April 30th of any year and
must use the most direct route to permitted areas;
(iii)
The use of any motorized vehicle on the Alberta Beach lakefront between the
bordering communities of Val Quentin and Sunset Point is STRICTLY
PROHIBITED between April 1st and October 31st in any year;
(iv)
Exceptions;
(a)
Lakefront owners may use an Off-Highway Vehicle and/or trailer to haul
lake vegetation and water borne debris to the closest access road for
pickup; and
(b)
The use of an Off-Highway Vehicle is permitted to bring a boat lift to the
waters edge but is STRICTLY PROHIBITED from entering the lake; and
(c)
The use of an Off-Highway Vehicle is permitted to bring a fishing hut
onto the lake by the most direct route; and
(d)
Off-Highway Vehicles may cross 47th Street to access the service station
and cross 50th Avenue to access the wash bay.
(e)
Off-Highway Vehicles are permitted to cross 47th Street to park at the
4200-47th Street parking lot in order to obtain services provided for
maintenance and repairs.
5.
When a person operates an Off-Highway Vehicle in Alberta Beach they shall:
i)
Not operate an Off-Highway Vehicle in the Village of Alberta Beach except for
the purpose of proceeding from his/her residence to a permitted area and back to
his/her residence by the most direct route possible; and
ii)
Travel at a rate of speed not in excess of 10km/hr and must travel on the right
hand side of the road so as to not interfere or impede with the natural flow of
traffic; and
iii)
All Off-Highway Vehicles shall be limited to the driver unless the vehicle is
specifically designed to carry a passenger; and
iv)
Notwithstanding Section 5 Part 4(iv), Off-Highway Vehicles are not permitted for
travel within the Village to utilize village services of any description; and
v)
The owner of an off-highway vehicle is responsible for the actions of that
Off-Highway Vehicle; and
vi)
No Off-Highway Vehicle shall be parked in Alberta Beach other than at a private
residence or those locations noted in Section 5 Part 4(iv)(d) or permitted areas.
6.
No person shall operate an Off-Highway Vehicle upon any park land, school grounds or
restricted area within the Alberta Beach limits;
7.
No person shall park or place an Off-Highway Vehicle where a traffic control device
prohibits stopping or parking, during the times stopping or parking is so prohibited;
8.
In proceeding to a permitted area or returning to his/her residence, the operator of an
Off-Highway Vehicle shall use the alleys and lanes of the Village, only except as
otherwise provided in this bylaw;
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5
9.
No person shall operate an Off-Highway Vehicle on 47th Street or 50th Avenue in the
Village except to cross 47th Street or 50th Avenue if necessary only to gain access to a
permitted area;
10.
No person shall operate or be a passenger on an Off-Highway Vehicle unless he/she is
wearing an approved safety helmet securely attached to his/her head.
11.
Without restricting the generality of the foregoing, the provisions of the Off-Highway
Vehicle Regulations Act and Traffic Safety Act shall apply to the operation of the
Off-Highway Vehicles within the limits of the Village of Alberta Beach.
12.
Notwithstanding Section 5 Part 5 of this bylaw, the Council may, by resolution, grant
permission for the operation of Off-Highway Vehicles in any designated area within the
Village of Alberta Beach for a designated time or event at their discretion.
13.
Exceptions for municipal Employee's (use of maintenance equipment).
14.
During times of high to extreme fire hazard or weather conditions as defined by
Alberta Environmental Protection Land and Forest Services, all use of
Off-Highway Vehicles may be banned within the limits of the Village of Alberta Beach.
This bylaw hereby rescinds Policy No. 3.2 and any subsequent amendments to it.
This bylaw shall come into full force and effect on the date of final passing thereof.
Read a first time this 9th day of December, 2003
Read a second time this 9th day of December, 2003
Read a third and final time this 13th day of January, 2004
______________________________________
Mayor, Ken Jolin
SEAL
_______________________________________
Interim C.A.O., Kathy Skwarchuk
BYLAW 187-03
6
SCHEDULE "B"
SPECIFIED PENALTIES
DESCRIPTION
FIRST OFFENSE
Operation during times of
High to extreme fire hazard
Court or $150.00
Not on most direct route
$57.00
More than designated
Occupants on Off-Highway
Vehicle
$57.00
Failure to wear helmet
$57.00
Operation of Off-Highway
Vehicle in off hours
Part 3
$57.00
Operation of Off-Highway
Vehicle not in compliance
With specified months
Part 5
$115.00
Failure to comply with
As per Specified Penalties
Speed limit
Table 1 of Speeding Offences
Part 6(ii)
Traffic Safety Act
Operation of Off-Highway
Vehicle in restricted areas
Part 8
$100.00
Parking in restricted areas
Part 9
$57.00
Violations of any provisions
Of Part 2 (Regulations)
$150.00
Operate an Off-Highway
Vehicle when prohibited
(Times of day and year)
$115.00
Operation of Off-Highway
Equipped with exhaust muffler
That produces excessive
Noise/Flames/Sparks
$115.00