859-PL-24, Corridor Regulation Bylaw

Cold Lake, Alberta

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CITY OF COLD LAKE BYLAW NO. 859-PL-24 CORRIDOR REGULATION BYLAW BEING A BYLAW OF THE CITY OF COLD LAKE, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING USE OF THE CORRIDOR OWNED BY NORTH EAST MUNI-CORR LTD. WHEREAS Section 7 of the Municipal Government Act (Alberta), as amended, provides that a Municipality may pass bylaws respecting the safety, health and welfare of people and the protection of people and property, and WHEREAS the Traffic Safety Act, RSA 2000,c. T-6, authorizes a Municipal Council to pass Bylaws to regulate the operation of Off Highway Vehicles and regulate vehicle, animal and pedestrian traffic, within the Corporate Limits ofthe Municipality. NOW THEREFORE the Council of the City of Cold Lake in the Province of Alberta, duly assembled, enacts: SECTION 1- TITLE 1.1 This Bylaw shall be cited as the City of Cold Lake "Corridor Regulation Bylaw". SECTION 2- DEFINITIONS 2.1 "Camping" shall mean staying overnight within the corridor in a tent, RV, holiday trailer, motor home or any other shelter or structure. 2.2 "ChiefAdministrative Officer" shall mean the individual who holds that position for the City ofCold Lake at any given time and includes any person authorized to act for and in the name of that individual. 2.3 "Corridor" shall mean the abandoned Railway Right-of-Way owned by Muni-Corr and under the joint care and control ofthe City of Cold Lake as per this Bylaw and the North East Muni-Corr Ltd. Master Agreement. This shall include any "Rest stops", "Staging areas" or additional "Lands". 2.4 "Council" means the Council ofthe City of Cold Lake in the Province ofAlberta. 2.5 "County or Town." means the City of Cold Lake in the Province of Alberta. 2.6 "Hunting" shall mean the capturing or killing, or attempted capture or killing, of animals by means oftraps, nets, firearms, bow and arrow, or other such similar means. 2.7 "Mixed-Use" means a combination of non-motorized and motorized users on the same trail with exclusive tracked Off Highway Vehicle use and non-motorized use from January 1st to March 3 1st and OffHighway Vehicle and non-motorized use from April lst to December 31° 2.8 "Motor Vehicle" shall mean a Motor Vehicle as defined in Section 1(1) of the Traffic Safety Act R.S.A. 2000-C.T.6. 2.9 "Muni-Corr" shall mean North East Muni-Corr Ltd. a body incorporated in Alberta under Part 9 of the Companies Act of Alberta. 2.10 "Off Highway Vehicle" shall mean a Motor Vehicle as defined in Section 117 ofthe Traffic Safety Act R.S.A. 2000 C.T-6. that does not exceed 1.65m in overall width as defined in the Alberta Recreation Corridor & Trails Classification System, B.i. Bi to B3(s). 2.11 "Peace Officer" shall mean a member of the Royal Canadian Mounted police, Municipal Police Service, Special Constable Service, Provincial Conservation Officer, Bylaw Enforcement Officer and the City of Cold Lake ChiefAdministrative Officer. 2.12 "Permit" means a letter of authorization from Muni-Con- for access to the Corridor lands. 2.13 "Trail" means the semi-developed middle 33 feet of the corridor which is leased by Riverland Recreational Trail Society and operated as Alberta's Iron Horse Trail. 2.14 "Trailer" means any device that is attached to or drawn by a Vehicle including but not limited to a towing trailer, tent trailer, camper, holiday trailer, and includes machinery or equipment used in construction or farming. 2.15 "Usage Control Device" shall mean any sign, signal, marking or device placed, marked or erected under the authority of this Bylaw for the purpose of regulating, warning or prohibiting use of the Corridor. 859-PL-24, Corridor Regulation Bylaw Page 1 of 6 2.16 "Weapon" means including, but not limited to, a rifle, shotgun, pistol, handgun, target pistol, air rifle, pellet gun, hunting bow, cross bow, sling shot, and paint ball gun. 2.17 Words importing the masculine gender only, include the feminine gender whenever the context so requires and vice versa. 2.18 Words importing the singular shall include the plural or vice versa whenever the context so requires. SECTION 3- REGULATION OF USE 3.1 Except as otherwise set out in this Bylaw, Council hereby delegates to the Chief Administrative Officer the authority to regulate and control the use ofthe Corridor as defined in this Bylaw. 3.2 Unless required or permitted by this Bylaw or by a Usage Control Device, or in compliance with the directions of a Peace Officer, a Person shall not stop, park, or operate a Motor Vehicle, or, an Owner, permit his Vehicle to be stopped, parked or operated, on the Corridor. 3.3 Unless required or pennitted by this Bylaw or by a Usage Control Device a Person shall not park or leave a Trailer on the Corridor or, an Owner permit his trailer to be parked on the Corridor. 3 .4 The ChiefAdministrative Officer is hereby delegated the authority to prescribe where Usage Control Devices, either permanent or temporary, are to be located. The Chief Administrative Officer shall cause such devices to be placed such that they are clearly recognizable in all reasonable light and weather conditions. 3.5 Usage Control Devices authorized by the Chief Administrative Officer as delegated pursuant to section 3 .4 hereof, shall be deemed to have been made by bylaw ofthe City of Cold Lake. 3.6 No person shall make or place an obstruction ofany kind in, upon or above the Corridor or place any building or structure of any nature in a manner that encroaches upon any portion of the Corridor unless permission has been granted by Muni-Corr and upon such terms and conditions as he deems necessary. 3.7 Every person who fails to obtain permission or comply with the conditions attached thereto shall be guilty of an offence and shall, in addition to any other penalty, cause the removal of the obstruction or encroachment within the time frame indicated after being notified to do so by Muni-Corr. After the expiration of the said time frame, Muni-Corr may cause the removal of the obstruction or encroachment and such removal shall be at the expense ofthe person causing, placing or permitting the obstruction or encroachment ofthe Corridor. 3 .8 Where an obstruction or encroachment of any kind exists in, upon, or above any Corridor and, in the opinion of Muni-Corr it creates an unsafe condition, Muni-Corr shall be entitled to take such measures as are required for the protection of life or property. 3 .9 No person shall hunt or discharge any weapon on or over the Corridor. 3.10 No person shall camp overnight in the Corridor unless it is in a designated area or a permit has been obtained from Muni-Corr as outlined in Section 6- Permits. 3 .11 Fires are allowed in designated fire pits only and the use of a fire is subject to Municipal and Provincial fire ban regulations. 3 .12 Except as provided for in Section 5- Exceptions, motor vehicles are not permitted on the Corridor. 3 .13 Off Highway Vehicles, are pennitted to be operated on the Corridor provided they comply with the following rules ofthe road: 3.13.1 Registered in accordance with the Traffic Safety Act, RSA 2000, C.T-6. 3 .13 .2 Insured, including liability insurance, in accordance with the Traffic Safety Act RSA 2000, C.T-6. 3 .13 .3 Operated with consideration for the other users ofthe Corridor. 3 .13 .4 Operated in such a manner so as to only cause minimal disturbance to persons residing adjacent to the Corridor. 3.13.5 Operated in such a manner so as not to disturb, harass, injure or kill any livestock located adjacent to or within the Corridor. 3.13.6 Operated at a speed, that considering the circumstances, is reasonable. 859-PL-24, Corridor Regulation Bylaw Page 2 of 6 3.13.7 Operated in a manner, that considering the circumstances, is not careless. 3 .13 .8 Yielding the right ofway to other users ofthe Corridor, who are not operating OffHighway Vehicles. 3 .13 .9 Moving to the right side of the Corridor when encountering approaching Off Highway Vehicles. 3 .13 .10 When crossing a highway that intersects with the Corridor, following the rules laid out in the Traffic Safety Act, RSA 2000, C.T-6, Section 120(3). 3 .13 .11 Park in a manner so as not to obstruct the Corridor or its access points or intersections with any highway, and not inconvenience or prevent the use of the Corridor by any other persons. 3.13.12 Follow all aspects relating to Off Highway Vehicle use in accordance with the Traffic Safety Act, RSA 2000, C.T-6 and its regulations. 3.14 The Trail is Mixed-Use allowing exclusive use for tracked OffHighway Vehicle and non-motorized users from January 1" to March 31" and Off Highway Vehicle and non-motorized users from April 1to December 31". 3 .15 No person shall place, pennit to be placed, or throw any substance, or thing of any kind, on the Corridor or property located adjacent to the Corridor. 3.16 No person shall climb, deface, or interfere with any structure, trees, protection system, or utility located on or adjacent to the Corridor. 3.17 No person shall willfully remove, throw down, deface, alter, damage or destroy a Usage Control Device, placed, marked or erected on, or adjacent to, the Corridor. 3 .18 No person shall conduct himself or otherwise position himself on the Corridor in such a manner as to obstruct or inconvenience any other user ofthe Corridor. SECTION 4- POWERS OF PEACE OFFICERS 4.1 Any Peace Officer is hereby authorized to remove or cause to be removed any Motor Vehicle, or Trailer parked in contravention ofthis Bylaw. 4.2 Any such Motor Vehicle, or Trailer may be removed to a place designated by the Peace Officer where it will remain impounded until claimed by the owner thereof or his authorized agent. 4.3 The towing away of the Motor Vehicle, or trailer shall be in accordance with the Towing and Impound Laws contained in the Traffic Safety Act, RSA 2000, C.T-6. 4.4 In the event that an owner of a Motor Vehicle, or Trailer does not claim such Motor Vehicle or Trailer, the storage and removal charges may be collected by the tow company pursuant to the provisions ofthe Traffic Safety Act, RSA 2000, C.T-6. SECTION 5- EXCEPTIONS 5 .1 Where, considering the circumstance, it is reasonable and safe, the following groups may operate motor vehicles on the Corridor when required to do so: 5.1.1 Emergency Motor Vehicles and OffHighway Vehicles including, ambulance services, fire department, search & rescue, emergency aircraft, vehicles being operated by on duty Peace Officers or trail groomers. 5.1.2 Motor Vehicles used in conjunction with the servicing of public utilities including but not limited to telephone systems, electric systems, natural gas systems and Cablevision systems to whom a permit has been issued by Muni-Corr as outlined in Section 6- Permits. 5 .1.3 Municipal and other government public works Motor Vehicles and OffHighway Vehicles. 5.1.4 Towing service Motor Vehicles. 5 .1.5 Owners of land adjacent to the Corridor to whom a permit has been issued by Muni-Corr as outlined in Section 6- Permits. 5.1.6 Any other individual to whom a permit has been issued by Muni-Corr. 859-PL-24, Corridor Regulation Bylaw Page 3 of 6 SECTION 6 - PERMITS 6.1 To obtain a permit pursuantto Sub-Sections 3.10, 5.1.2, 5.1.5 and 5.1.6 ofthis Bylaw, an application must be made to Muni-Corr. 6.2 Muni-Corr may refuse to grant the permit with such terms and conditions, as he deems necessary. 6.3 Muni-Corr may grant the permit for a specified date or may allow a permit of indefinite duration. 6.4 Muni-Corr may grant a permit for a Special Event for a specified date or may allow a pennit of indefinite duration. 6.5 Any applicant requesting a pennit under subsection 6.1 hereof shall make an application in writing to Muni-Corr providing the following information: 6.5.1 The description and registration infonnation for the vehicle or Trailer to be parked or operated on the Corridor. 6.5.2 The location ofthe Corridor the applicant wishes to access. 6.5 .3 The date on which the applicant proposes to access the Corridor the applicant is requesting a permit of specific duration. 6.5.4 The purpose for which access to the Corridor is requested. 6.5.5 Such other information as may be required. 6.6 Coincident with issuance of the permit, the applicant shall enter into an agreement to indemnify the City ofCold Lake and Muni-Corr. for any and all damages caused to the Corridor or any works made or done over, upon or under the same, as a result ofthe use ofthe Corridor pursuant to a permit. 6.7 Muni-Corr may in writing alter, suspend or revoke a permit whenever it is determined that: 6.7.1 The permit was issued in error. 6.7.2 The pennit was issued based on incorrect information supplied. 6.7.3 The pennit is in violation of any Municipal bylaw or resolution. 6.8 Upon request by an applicant or permit holder and when it is determined by Muni-Corr that extenuating circumstances exist, Muni-Corr is hereby authorized to waive or alter any tenn of an agreement or permit required by this Bylaw. SECTION 7- PENALTIES 7.1 Except as otherwise provided herein, every person who contravenes any provisions of this Bylaw is guilty of an offence and shall be liable on Summary Conviction to a fine of not more than one thousand dollars ($1,000.00) for a first offence and a fine of two thousand dollars ($2,000.00) for a second offence. 7.2 Every person who contravenes any provisions ofthis Bylaw, as enumerated in Schedule "A" herein, is guilty of an offence and shall be liable on Summary Conviction to the penalty specified therein for such offence. 7.3 An offence ticket shall be deemed to be sufficiently served: 7 .3 .1 If served personally on the accused. 7.3 .2 If mailed, by ordinary mail, to the address of the registered owner of the Motor Vehicle, OffHighway Vehicle or Trailer concerned, or to the person concerned. 7.3.3 If attached to or left securely and visible upon the Motor Vehicle, OffHighway Vehicle or Trailer in respect ofwhich the offence is alleged to have been committed. SECTION 8 - TRANSITION SECTION 8.1 All Usage Control Devices which are in place on the effective date ofthis Bylaw shall be deemed to be valid Usage Control Devices for the purposes of this bylaw until removed. 859-PL-24, Corridor Regulation Bylaw Page 4 of 6 SECTION 9- REPEAL 9.1 That Bylaw No. 262-PL-06 known as the "Corridor Regulation Bylaw" be and is hereby repealed. SECTION 10 - ENACTMENT 10 .1 That this Bylaw shall take effect on the date ofthe final passing thereof. FIRST READING passed in open Council duly assembled in the City of Cold Lake, in the Province of Alberta, this 28 day of January, A.D. 2025, on motion by Councillor Lefebvre. CARRIED UNANIMOUSLY SECOND READING passed in open Council duly assembled in the City of Cold Lake, in the Province of Alberta, this 11" day ofFebruary, A.D. 2025, on motion by Councillor Lefebvre. CARRIED UNANIMOUSLY THIRD AND FINAL READING passed in open Council duly assembled in the City of Cold Lake, in the Province ofAlberta, this 11" day ofFebruary, A.D. 2025, on motion by Councillor Mattice. CARRIED UNANIMOUSLY Executed this 25" day ofFebruary, 2025 CITY OF COLD LAKE 859-PL-24, Corridor Regulation Bylaw Page 5 of 6 CITY OF COLD LAKE BYLAW NO. 859-PL-24 SCHEDULE "A" - PENALTIES AND FEES OFFENCES SECTION SPEC PENALTY Operate/Stop/Park Motor Vehicle on Corridor 3.3 $500 2Offence $1,000 Park Trailer on Corridor 7 $250.00 Place Obstruction/Structure/On/Over/Encroaching on/ 3.6 $250.00 the Corridor Discharge weapon on/over/ the Corridor 3.9 $500 2Offence $1,000 Camping overnight in the Corridor outside designated 3.10 $250 areas and without a pennit. Unregistered OffHighway Vehicle 3.13.1 Use TSA Uninsured OffHighway Vehicle 3.13.2 Use TSA Operate/Park Off Highway Vehicle without 3.13.3 $250 consideration for others Operate Off Highway Vehicle in a manner so as to only cause minimal disturbance to persons residing 3.13.4 $250 adjacent to the Corridor Operate Off Highway Vehicle in a manner that 3.13.5 $250 kills/disturbs/harasses livestock Operate Off Highway Vehicle at unreasonable speed 3.13.6 $250 Operate Off Highway Vehicle without care and 3.13.7 $250 attention Operator of Off Highway Vehicle fail to Yield to other 3.13.8 $250 user Operator of Off Highway Vehicle fail to keep to the 3.13.9 $250.00 Right when meeting other person Crossing intersection 3.13.10 Use TSA Operator of Off Highway Vehicle 3.13.11 $250 obstruct/Inconvenience/Prevent use by/ other users Operating an untracked OffHighway Vehicle between 3.14 $500 January 1to March 31 2Offence $1,000 Littering 3.15 $1,000.00 Climb/Deface/interfere with Structure/Trees/Protection 3.16 $500 System/Utility Remove/Throw down/Deface/Alter/Damage/Destroy 3.17 $500 Usage Control device Person Obstruct/Inconvenience another user 3.18 $250 859-PL-24, Corridor Regulation Bylaw Page 6 of 6