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VILLAGE iN THE VALLEY
BYLAW
#2023-874
VILLAGE
OF CARBON
IN THE PROVINCE
OF ALBERTA
OFF-HIGHWAY
VEHICLE
BYLAW
BEING A BYLAW
OF THE VILLAGE
OF CARBON,
IN THE PROVINCE
OF ALBERTA
TO
PROVIDE
REGULATION,
CONTROL
AND MANGEMENT
OF OFF HIGHWAY
VECHICLES
WITHIN THE VILLAGE
OF CARBON
WHEREAS,
pursuant
to the Municipal
GovernmentAct,
R.S.A. 2000, ChapterM-26,
as
amended,
a Municipal
Council has the authority
to pass Bylaws respecting
the safety, health
and welfare of people and protection
of people and property;
AND WHEREAS,
the Traffic SafetyAct
authorizes
a Municipal Council to pass bylaws
pertaining
to general traffic regulation
in that municipality,
which bylaws shall not be inconsistent
with that Act;
AND WHEREAS,
the Municipal
Council of the Village of Carbon, deems it desirable
to regulate
traffic within the Village of Carbon with respect to places, times and speeds of vehicles;
AND WHEREAS,
the Municipal Council of the Village of Carbon deems it necessary
to
establish a pilot project for Off-Highway
Vehicles (OHV) use on municipal roads within the
Village of Carbon;
NOW THEREFORE,
the Municipal
Council of the Village of Carbon, in the Province of Alberta,
duly assembled,
hereby enacts as follows:
1.
TITLE
1.1
This Bylaw may be referred to as the "Off-Highway
Vehicle" (OHV) Bylaw.
2.
GENERAL
2.1
The following temporary
regulations
are established
as a Pilot Project and shall
come into force on the date it is adopted by Village Council and shall remain in
effect until December
31, 2024.
2.2
Council may rescind this Bylaw at any time.
3.
DEFINITIONS
In this Bylaw, the following terms shall have the meanings
shown:
3.3
"Act"
means the Traffic SafetyAct,
R.S.A. 2000, c. T-6 as amended;
"Bylaw"
means Bylaw of the Village of Carbon, including any amendments
thereto;
"Enforcement
Officer"
means:
i.
a Bylaw Enforcement
Officer as appointed
by the Village of Carbon;
ii.
a member
of the Royal Canadian
Mounted Police;
iv.
a Community
Peace Officer.
v.
or person authorized
by Council to enforce the provisions
of this Bylaw.
3.4
"Chief
Administrative
Officer
(CAO)" refers to the person appointed
to the
position and title by the Municipal
Council of the Village of Carbon and includes
any person appointed
by the CAO to act as his/her appointee.
3.5
"Council"
means the Elected Officials forming the Municipal
Council of the
Village of Carbon.
3.6
"Court"
means the Provincial
Court of Alberta.
3.7
"Highway"
means any thoroughfare,
street, road, trail, avenue, parkway,
driveway, lane, alley, bridge, causeway,
or other place or any part of any of them,
whether
publicly or privately owned, that the public is ordinarily
entitled or
permitted
to use for the passage or parking of vehicles and includes:
i.
a sidewalk, including a boulevard
adjacent
to the sidewalk;
ii.
if a ditch lies adjacent
to and parallel with the roadway, the ditch; and
iii.
if a highway right of way is contained
between fences or between a fence
and one side of the roadway, all the land between the fences, or all the
land between the fence and the edge of the roadway, as the case may
be, but does not include a place declared by regulation
not to be a
highway;
3.8
"Municipal
Tag/Violation
Ticket"
means a written notice, on a form approved
by the CAO, issued by an Enforcement
Officer to advise a person that a violation
of this Bylaw has occurred and that, by payment
of a specified
amount for the
offence within a set time period, that person will avoid prosecution
for the
offence;
3.9
"Off-Highway
Vehicle"
means any motorized
mode of transportation
built for
cross-country
travel on land, water, snow, ice or marsh or swamp land or on
other natural terrain and, without limiting the generality
or the foregoing,
includes
when specifically
designed for such travel;
i.
4-wheet drive vehicles,
ii.
low pressure tire vehicles,
iii.
motorcycles
and related 2-wheel vehicles,
iv.
amphibious
machines,
v.
all terrain vehicles,
vi.
miniature
motor vehicles,
vii.
snow vehicles,
viii.
minibikes,
and
ix.
any other means of transportation
that is propelled
by any power other
than muscular
power or wind,
but does not include:
x.
motorboats,
or
xi.
any other vehicle exempted
from being an off-highway
vehicle by
regulation;
3. 10
"Operator"
means a person who drives or is in actual physical control of the off-
highway vehicle and who is the holder of a valid subsisting
operator's
license;
3.11
"Operator's
License"
or "Driver's
License"
means an operator's
license or a
driver's license that is issued under the Act and includes a document
or
information
and other data contained
in an electronic
form that is recognized
under the Act as an operator's
license or a driver's license.
3.12
"Owner"meansthepersonwhoownsanoff-highwayvehicleincludingthe
registered
owner and including any person renting a vehicle or having the
exclusive
use or an off-highway
vehicle under a lease that has a term of more
than thirty (30) days or otherwise
having the exclusive
use of an off-highway
vehicle for a period of more than thirty (30) days, or if the context dictates, a duly
registered
title-holder
of land where the off-highway
vehicle is stored or operated;
3.13
"Parkland"meansanydevelopedorundevelopedpropertythatisowned,
controlled
or maintained
by the Village, is intended to be used by members
of the
public for recreation
purposes, and is either:
i.
preserved
as a natural area;
ii.
designated
or districted as park or public recreation,
iii.
dedicated
as municipal reserve, environmental
reserve or a public utility
lot property pursuant
to the Municipal
Government
Act R.S.A. 2000,
Chapter
M-26, as amended,
or
iv.
a boulevard
contiguous
with, partially within or fully within the property
referenced
under subsections
(i), (ii) or (iii);
3.14
"Pedestrian"
includes any individual,
corporation,
society, association,
partnership
or firm;
3.15
"Roadway"meansthatpartofahighwayintendedforusebyvehiculartraffic,
and for the purposes
of this Bylaw, means roadways
within the Village;
3.16
"Safety
Helmet"
means a safety helmet as prescribed
in the Regulations
made
pursuant
to the Act;
3.17
"Sidewalk"meansthatpartofahighwayespeciallyadaptedtotheuseofor
ordinarily
used by pedestrians,
and includes that part of a highway between;
i.
the curb line, or
ii.
where there is no curb line, the edge of the roadway, and the adjacent
property line, whether
or not it is paved or improved;
3. 18
"Special
Permit"
shall mean a permit authorized
by the CAO to allow a person
or persons to operate an off-highway
vehicle or motor vehicle for a special
purpose within areas which are otherwise
restricted.
3. 19
"Stop"
means
i.
when required, a complete cessation
from vehicular
movement,
and
ii.
when prohibited,
any halting even momentarily
of a vehicle, whether
occupied
or not, except when necessary
to avoid conflict with other traffic or in
compliance
with a direction given by an Enforcement
Officer or traffic control
device;
3.20
"Street
Furniture"
includes every curb, sidewalk, utility pole, traffic control
device, waste receptacle,
tree, plant, grass, utility service equipment
or any other
property authorized
for placement
on a public place by the Village;
3.21
"Traffic
Control
Device"
means any sign, signal, marking or device placed,
marked or erected under the authority
of the Act for the purpose of regulating,
warning or guiding traffic;
3.22
"Undeveloped
Land" means land that has not been subdivided
and/or has had
improvements
made to the land.
Improvements
include but are not inclusive of
paved roads, above and/or underground
services, landscaping,
pedestrian
trail/walkway
or land designated
for a specific purpose such as an environmental
reSerVe.
3.22
"Village"
means the Municipal Corporation
of the Village of Carbon;
3.22
"Violation
Ticket"
means a ticket issued pursuant
to Provincial
Offences
Procedure
Act, RSA 2000, Chapter
P-34, as amended
or repealed and replaced
from time to time.
4.
RULES FOR THE OPERATION
OF VEHICLES
xF;i
C\)
4.1
Subject
to
any other restriction
and
provisions
that
may
be
contained
in this
Bylaw,
no
person
shall
operate
an
off-highway
vehicle
anywhere
within
the
municipal
boundaries
of the Village between
the hours of ten (10) o'clock in the
evening
(p.m.) and seven (7) o'clock
or the next morning
(a.m.)
4.2
All off-highway
vehicles
travelling
on a highway
shall be equipped
with at least
one (1) headlight
and one (l)taillight
that must be alit always.
4.3
All off-highway
vehicles
equipped
with a seatbelt
assembly
must be worn during
operation
of the off-highway
vehicle.
4.4
No
person shall operate
or be
a
passenger
on
an
off-highway
vehicle
unless
wearing
a safety helmet securely
attached
on their head when the Off-Highway
Vehicle
is in motion.
4.5
No person shall operate
or be a passenger
on an off-highway
vehicle where the
number
of persons on the off-highway
vehicle exceeds
the number
of persons
that the off-highway
vehicle is designed
to carry.
4.6
No
person
shall
operate
an
off-highway
vehicle
within
the
Village
where the
Village has placed a sign prohibiting
such operation.
4.7
During times of high to extreme
fire hazard, the Provincial
Government
or Local
Authority
may implement
a fire advisory,
fire restriction
or fire ban whereas
all
use
of off-highway
vehicles
shall
be
banned
within
the
limits
of the Village of
Carbon.
4.8
No person shall operate
an off-highway
vehicle unless the off-highway
vehicle is
equipped
with an exhaust
muffler
that complies
with the following:
a)
An
exhaust
muffler
must
cool
and
expel
the
exhaust
gases
from
the
engine without
excessive
noise and without
producing
flames
or sparks.
4.9
No person shall operate
an off-highway
vehicle in which a device is attached
to
the exhaust
system or the muffler
that increases
the noise made by the expulsion
of gases from the engine or allows gases in or leaving the exhaust
system to be
ignited.
4.10
No person shall drive an off-highway
vehicle if the exhaust
outlet of the muffler
has been widened.
4. 1l
No person shall drive an off-highway
vehicle if the exhaust
muffler is cut out or
disconnected
from the engine or has had a baffle plate or other part removed.
4.12
0perators
of off-highway
vehicles
on Village of Carbon highways
shall travel on
the extreme
right-hand
portion of the traveling
surface
of the road or ditch and
shall travel single file always.
5.
LICENSING,
REGISTRATION,
AND INSURANCE
5.1
No person shall drive an off-highway
vehicle on any portion of a highway
within
the municipal
boundaries
of the Village unless:
a)
They are a holder of a valid operator's
license or learner's
permit and are
abiding by the rules of that license or permit as per the provisions
of the
Act.
5.2
No person shall permit another
person who is not a holder of a valid operator's
license or permit as noted in Subsection
5.1
to drive an off-highway
vehicle on
any portion of a highway
within the municipal
boundaries
of the Village, as per
the provisions
of the Act.
5.3
No
person
under the age
of fourteen
(14) years shall
operate
an
off-highway
vehicle
in a public place.
a)
Notwithstanding
Subsection
5.3, a person under the age of fourteen
(14)
years shall not be considered
in contravention
of this section if they are
supervised
by an
adult person
seated
next to them
on the off-highway
vehicle,
or otherwise
in
close
proximity,
while
giving
instruction,
if that
instruction
is not given on a highway.
5.4
No person who is the owner of an off-highway
vehicle may operate
or permit any
other person to op'erate an off-highway
vehicle
on any public property
when there
no subsisting
certificate
of insurance
issued to that vehicle;
no subsisting
certificate
of registration
issued to that vehicle;
and
no license plate affixed to the vehicle.
6.
DESIGNATED
AREAS
& SPEED
6.1
The operator
of an off-highway
vehicle is authorized
to operate
an off-highway
vehicle on any alley or roadway,
by the most direct and shortest
route of travel
through
the Village or for service
or maintenance.
a)
b)
Notwithstanding
anything
in
this
Bylaw,
the
operator
of an
off-highway
vehicle
is
authorized
to
operate
an
off-highway
vehicle
within
the
boundaries
of the
Village
of
Carbon
for the
purposes
of enforcement
purposes
and emergency
services.
The
CAO,
upon
application
from
an
organization,
association
or
registered
society
that is registered
under the Societies
Act, may approve
and provide
written consent
for the use of off-highway
vehicles
within the
boundaries
of the
Village
for a
specific
period
of time.
Documentation
relevant
to the permit issued must be carried for the duration
of the event
for presentation
to enforcement
if requested.
6.2
No person
shall
operate
an off-highway
vehicle
on any
portion
marked
on
Schedule
"A" which includes
but not limited to:
Parkland
area,
Environmental
sensitive
areas (coulee),
j\'pa
g)
School ground,
Developed
or landscaped
area,
Recreation
area,
Private
property without permission
of the owner or occupant of such
property,
Trail system.
6.3
When crossing any highway
the operator
of an off-highway
vehicle must:
a)
b)
c)
Stop the off-highway
vehicle before entering onto the highway or portion
thereof to be crossed;
Ensure all passengers
disembark
from the off-highway
vehicle and any
vehicle or thing attached thereto before they commence
to cross; and
Cross over the highway or portion thereof to be crossed from the most
direct and shortest route of travel available.
6.4
Notwithstanding
Subsection
6.1(b) and Subsection
9.3, no person may operate
an off-highway
vehicle at a speed in excess of twenty (20) kilometers
per hour on
any portion of the Village of Carbon highway where such vehicles are permitted
to operate.
6.5
The
operator of an
off-highway
vehicle
shall
yield
to
all
other traffic on
any
highway in the Village and to all pedestrian
at all times and places.
6.6
No person shall operate an off-highway
vehicle without due care and attention, or
without reasonable
consideration
for other persons or property.
7.
TOWING
7.1
No person shall tow behind an off-highway
vehicle any trailer, sleigh, cutter, or
other vehicle unless the hitch or attachment
employed:
a)
is
so
designed
as
to
control
the
vehicle
being towed
so
that
it
will
substantially
follow in the tracks of the towing vehicle;
is of sufficient
strength to safely control the vehicle being towed;
does not exceed 1.83 metres (6 feet) in length; and
adequately
prevents
the
towed
vehicle
from
colliding
with
the
towing
vehicle in the case of a downhill travel or a stop.
7.2
No person or animal shall be allowed in a trailer towed by an off-highway
vehicle.
7.3
A person,
community
group or not for profit organization
may make a written
request to the Village for an exemption
to Subsection
7.2. A written request for
an exemption
will only apply
for
special events, parades,
and community
celebrations.
Exemption
will be reviewed and approved by the CAO or delegate.
8.
DAMAGE
8.1
No person shall in any way damage any street furniture on any highway or public
place within the Village.
tyR
8.2
0peration
of off-highway
vehicles in the Village of Carbon is at the operator's
own risk and the Village of Carbon does not warrant any area as being suitable
for the use of off-highway
vehicle.
9.
OFFENCE
9.1
A person who contravenes
any provision of this Bylaw is guilty of an offence and
liable to a fine or fines and/or seizure and detainment
of the off-highway
vehicle
as set out in the Master Rates Bylaw.
9.2
When an off-highway
vehicle is operated in contravention
of any provision of this
Bylaw,
the
owner or operator
shall
be
deemed
to
have committed
the
corresponding
offence.
9.3
The employees,
servants and agents of the Village, while acting in the course of
their employment
or duty, are exempt from the provisions
of this Bylaw.
10. FINES AND PENALTIES
10. 1
A person who is guilty or an offence under this Bylaw is liable:
c)
to a fine as prescribed
in the Master Rates Bylaw;
a fine for second or subsequent
offence(s)
within one (1 ) year of the first
offence shall be double the amount of the fine for the first offence(s);
or
on summary
conviction,
to a fine not exceeding
Ten Thousand
Dollars
($10,000.00) but not less than specified in the Master Rates Bylaw.
11. MUNICIPALVIOLATIONTAGANDVIOLATIONTICKETS
11.1
AnypersonwhocontravenesanysectionofthisBylawisguiltyofanoffenceand
is liable upon conviction
to a fine as set out in the Master Rates Bylaw which is
attached hereto and forms part or this Bylaw.
11.2
Under no circumstances
shall
any person
contravening
any provisions
of this
Bylaw be subject to the penalty of imprisonment.
41.3
Nothing in this Bylaw shall be construed
as curtailing or abridging
the right of the
Municipality
to
obtain
compensation
or
to
maintain
an
action
for
loss
of
or
damage to property
from or against the person or persons responsible.
11.4
An Enforcement
Officer is hereby authorized
and empowered
to issue a Violation
Tag to any person whom, the Enforcement
Officer has reasonable
and probable
grounds to believe, has contravened
any provision
or this Bylaw.
11.5
A Violation Tag may be issued to such person:
either personally;
or
by mailing a copy to such person at his or her last known post office address.
11.6
The Violation Tag shall be in a form approved
by the Municipality
and shall state:
I(tb
e)
the name of the person;
the offence;
the appropriate
penalty for the offence as specified; in the Master Rates Bylaw;
that the penalty shall be paid within thirty (30) days of the issuance
of the Violation
Tag; and
any other information
as may be required by the Municipality.
117
Where a contravention
of this Bylaw is of a continuing
nature, further Violation
Tags may be issued by an Enforcement
Officer, provided that no more than one
Violation
Tag shall be issued for each day that the contravention
continues.
11.8
Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the
Violation Tag is issued may, in lieu of being prosecuted
for the offence, pay to
the Municipality,
the penalty specified in the Violation Tag.
11.9
Nothing
in
this
Bylaw shall
prevent an
Enforcement
Officer from
immediately
issuing a Violation Ticket to any person who contravenes
any provision of this
Bylaw.
11.10
If the penalty specified in a Violation Tag is not paid within the prescribed
time
period,
then
an
Enforcement
Officer is
hereby authorized
and
empowered
to
issue a Violation Ticket pursuant
to the Provincial
Offences
Procedure
Act.
12. BYLAW
COMING
INTO EFFECT
12.1
This Bylaw repeals Bylaw 2023-862.
12.2
This Bylaw comes into force and effect on the date of final passing and shall
remain in effect until December
31, 2024, unless otherwise
repealed by Council.
READ A FIRST TIME THIS 19TH DAY OF JUNE , 2023.
READ A SECOND
TIME THIS 19TH DAY JUNE, 2023.
UNANIMOUS
CONSENT
FOR A THIRD READING
THIS 19TH DAY JUNE, 2023.
READ A THIRD TIME AND FINALLY
PASSED
THIS 19TH DAY OF JUNE, 2023.
MAYOR
CHIEF ADMINISTRATIVE
OFFICER
Permitted
Access
Rni itpe,
Non-Permitted
Areas:
a.
Parkland
area,
b.
Environmental
sensitive
area (coulee),
c.
School ground,
d.
Developed
or landscaped
area,
e.
Recreation
area,
f.
Private property
without
permission
of the owner or occupant
of such property,
g.
Trail system