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VILLAGE OF CHAUVIN
BYLAW 2020-04
A BYLAW TO PERMIT AND REGULATE THE OPERATION OF OFF-HIGHWAY
VEHICLES
WHEREAS pursuant to Part 6 of the Traffic Safety Act, R.S.A. 2000, Chapter T-6, a Council
may, by bylaw, permit and regulate the operation of Off-Highway Vehicles within the
corporate limits of the Village,
ANDWHEREAS Council, in the interest of allowing a privilege to Village citizens, deems it
desirable to pass such a bylaw,
NOW THEREFORE the Council of the Village of Chauvin, in the Province of Alberta, duly
assembled, enacts as follows:
1. TITLE
This bylaw may be cited as the "Off-Highway Vehicle Bylaw".
2. DEFINITIONS
In this bylaw:
"Act" means the Traffic Safety Act, R.S.A. 2000, Chapter T-6, amendments thereto, and
regulations thereof;
"Alley" means a narrow highway intended chiefly to give access to the rear of buildings
and parcels of land;
"Boulevard" means that portion of a Highway that lies between the property line and the
curb or edge of the roadway;
"Council" means the Municipal Council of the Village of Chauvin, in the Province of Alberta;
"Highway" means a highway as defined in the Act and includes the entirety of any public
road allowance;
"Off-Highway Vehicle" means any motorized mode of transportation built 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:
four-wheel drive vehicles,
low pressure tire vehicles,
motorcycles and related two-wheel vehicles,
amphibious machines,
all terrain vehicles,
miniature motor vehicles,
snow vehicles,
minibikes, and
any other means of transportation which is propelled by any power other than
muscular power or wind, but does not include
motor boats, or
any other vehicle exempted from being an Off-Highway Vehicle by regulation;
"Parkland" means any recreational area owned or controlled by the Village that lies within
the Village whether such parkland is improved in whole or in part or remains in its natural
state and includes all green spaces, trails, walkways, and publicly maintained areas
administered by the Village;
"Bylaw Enforcement Officer" means any person appointed as the Bylaw Enforcement
Officer by the Village of Chauvin Council.
"Snow Vehicles" shall mean a motor vehicle designed or intended to be driven exclusively
or chiefly upon snow or ice or both.
"Village" shall mean the municipality of the Village of Chauvin, in the Province of Alberta,
and the corporate limits thereof;
"Vehicle" means a device in, on, or by which a person or thing may be transported or
drawn and includes a combination of vehicles but does not include a mobility aid;
"Violation Ticket" means a ticket as defined in the Provincial Offences Procedure Act,
R.S.A. 2000, Chapter P-34 and amendments thereto.
3. REGULATIONS
In accordance with the provisions and requirements of the Act, a person may operate an
Off-Highway Vehicle upon a Highway in the Village as follows:
3.1 Except as permitted under section 3.10, no person shall operate an Off-Highway
Vehicle in the Village except for the purpose of proceeding from a residence or a business
dealing in Off-Highway Vehicles to a permitted area and back to the same residence or
business by the most direct and safe route possible
3.2 In proceeding to a permitted area or returning to his or her residence, the operator of an
Off-Highway Vehicle shall use Alleys wherever possible. Where it is not possible to use
Alleys, the operator shall drive on the right side of the roadway as nearest to the curb as
possible. Snow Vehicles only may use Boulevards where they do not abut private property
or contain a sidewalk or walking trail.
3.3 No person shall operate an Off-Highway Vehicle upon any Parkland or golf course
within the Village.
3.4 Notwithstanding Sections 3.1, 3.2, and 3.3, Council may grant permission for the
operation of Off-Highway Vehicles in any designated area within the Village for a special
function or various events.
3.5 No person shall operate an Off-Highway Vehicle anywhere within the Village at a speed
in excess of twenty (20) kilometers per hour.
3.6 No person shall operate an Off-Highway Vehicle anywhere within the Village between
the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day.
3.7 No person shall operate or ride upon an Off-Highway Vehicle without wearing a helmet
that conforms to Section 108 of the Vehicle Equipment Regulation - Alberta Regulation
122/2009 under the Act.
3.8 Notwithstanding Sections 3.1 to 3.7, Bylaw Enforcement Officers and agents or
employees of the Village are authorized to operate Off-Highway Vehicles on any Highway,
public street, Alley, roadway or other public place for the purpose of enforcing this bylaw or
while in performance of their official duties.
3.9 Bylaw Enforcement Officers are hereby empowered to impound Off-Highway Vehicles
involved in a violation of this bylaw or the Act at the owner's expense from the time of
offence until such time as the charge against the operator thereof has been resolved. Such
impoundment shall only take place where, in the opinion of the Bylaw Enforcement Officer,
the offence is serious and the operator of the Off-Highway Vehicle could be a danger to the
public if permitted continued use of the Off-Highway Vehicle or if the operator has
committed another offence under this bylaw within the previous 12 months.
3.10 Notwithstanding section 3.1, a person my operate an Off-Highway Vehicle in the
Village for the purpose of clearing snow and ice from a Village sidewalk as long as the Off-
Highway Vehicle is operated safely and with regard for the safety of pedestrians.
4. ENFORCEMENT
4.1 When the Bylaw Enforcement Officer has reasonable grounds to believe that a person
has contravened any provisions of this bylaw, he or she may serve upon such person an
offence ticket allowing the payment of a specified penalty as described in Schedule A to the
Village within fourteen (14) days of the issuance date of the offence ticket. The Village shall
accept such payment in lieu of prosecution for the offence.
4.2 An offence ticket will be served to such person by means of:
4.2.1 personally,
4.2.2 charged directly on utility bill
4.3 The offence ticket if given personally shall state:
4.3.1 the name and address of the offender if ascertainable,
4.3.2 the offence,
4.3.3 the location, date and time of the offence,
4.3.4 the appropriate penalty of the offence as specified in Schedule A of this bylaw, and
4.3.5 that the penalty shall be paid within thirty (30) days of the issuance of the offence
ticket to avoid prosecution for the offence.
4.4 If the penalty specified on an offence ticket is not paid within the prescribed time period,
a Bylaw Enforcement Officer is hereby authorized to issue a Violation Ticket.
4.5 Notwithstanding Section 4.1, a Bylaw Enforcement Officer is hereby authorized and
empowered to immediately issue a Violation Ticket to any person who the Bylaw
Enforcement Officer has reasonable grounds to believe has contravened any provision of
this bylaw.
4.6 A Violation Ticket issued under Section 4.4 or Section 4.5 shall specify a penalty as
described in Schedule A.
5. EFFECTIVE DATE AND REPEAL
5.1 This bylaw shall come into effect on the date of passing of final reading.
Read a first time this _________ day of _________________, 2020.
Read a second time this _________ day of _______________, 2020.
By unanimous consent of council, read a third time and passed this _______ day of
________________, 2020.
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Mayor
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Acting CAO
OFF-HIGHWAY VEHICLE BYLAW 2020-04
SCHEDULE A - PENALTIES
Specified Penalties for Offence Tickets
Section 3.1 Failure to take most direct route
$250.00
Section 3.2 Failure to use alleys where possible
$250.00
Section 3.3 Driving on parkland
$250.00
Section 3.5 Speeding
$250.00
Section 3.6 Operating during quiet hours
$250.00
Section 3.7 Riding without helmet
$115.00
Specified Penalties for Violation Tickets
Section 3.1 Failure to take most direct route
$300.00
Section 3.2 Failure to use alleys where possible
$300.00
Section 3.3 Driving on parkland
$300.00
Section 3.5 Speeding
$300.00
Section 3.6 Operating during quiet hours
$300.00
Section 3.7 Riding without helmet
$140.00