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DRAYTON VALLEY
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BYLAW NO. 2015/15/T
Name of Bylaw: Heavy Vehicle Bylaw
WHEREAS the Traffic Safety Act, R.S.A. 2000, Chapter T-6 and amendments thereto,
provides that a municipality may make bylaws to regulate, manage and control vehicle,
animal and pedestrian traffic within the municipality;
AND WHEREAS the Municipal Government Act, R.S.A. 2000, and amendments thereto,
gives a municipality certain powers with respect to highways within the municipality;
NOW THEREFORE, the Council of the Town of Drayton Valley, duly assembled, hereby
enacts as follows:
This Bylaw may be cited as the "Heavy Vehicle Bylaw" of the Town of Drayton
Valley.
2.
PURPOSE
The purpose of this Bylaw is to regulate and control the use of highways within
the Town by heavy vehicles.
3.
DEFINITIONS
In this Bylaw, including this section, unless the context otherwise requires:
3.1
Act means the Traffic Safety Act, R.S.A. 2000, Chapter T-6 and any
amendments made to it from time to time;
3.2
alley means a narrow highway intended chiefly to give access to the rear of
buildings and parcels of land;
Heavy Vehicle Bylaw 2015/15/T
Page I of17
3.3
boulevard means, that part of a highway that:
a.
is not roadway, and
b.
is that part of a sidewalk or walkway that is not specifically adapted
to the use of, or ordinarily used by, pedestrians;
3.4
bus means a motor vehicle
a.
that is designed for carrying eleven {11) or more persons, including
the person driving the vehicle, and
b.
that is used, or intended to be used, for the transportation of
persons;
3.5
CAD means the Town of Drayton Valley Chief Administrative Officer, who
may also be referred to as the Town Manager;
3.6
Certificate Weight {CW) shall mean the gross weight of all axles for which a
vehicle is, or could be, registered as the maximum allowable weight for the
various configurations as defined in the Act as amended from time to time;
3.7
commercial vehicle shall bear the definition ascribed to it by the Act and
amendments thereto;
3.8
Council means the Municipal Council for the Town of Drayton Valley;
3.9
gross weight means:
a.
in respect of a single axle of a vehicle, the total weight that a single
axle transmits to the highway;
b.
in respect of an axle group of a vehicle, the sum of the weights
transmitted to the highway by all of the axles within the axle group;
and
c.
in respect of all of the axles of a vehicle, the sum of the weights
transmitted to the highway by all of the axles of a public vehicle;
Heavy Vehicle Bylaw 2015115/T
Page 2 of17
3.10
heavy vehicle means a vehicle, with or without a trailer attached, that has a
certificate weight or registered weight or maximum weight of more than
seven thousand five hundred (7,500 kg) kilograms (sixteen thousand five
hundred (16,500 lbs.) pounds) or exceeds ten (10) meters (thirty-two (32')
feet) in length, but does not include recreational vehicles used or passenger
vehicles for non-commercial use;
3.11
heavy vehicle route means a highway so designated in Schedule "A"
attached hereto, and forming part of this Bylaw;
3.12
highway means any thoroughfare, street, road, trail, avenue, parkway,
viaduct, lane, alley, square, bridge, causeway, trestle-way or other place,
whether publicly or privately owned, any part of which the public is
ordinarily entitled or permitted to use for the passage or parking of
vehicles, and includes:
a.
a sidewalk (including a boulevard portion thereof);
b.
where a ditch lies adjacent to and parallel with the roadway, the
ditch; and
c.
where a highway right-of-way is contained between a property line
and one side of the roadway, all land between the property line and
the edge of the roadway, as the case may be, but does not include a
place declared by the Lieutenant Governor in Council not to be a
highway;
but does not include a place declared by regulation passed pursuant to the
Act not to be a highway;
3.13
intersection means the area embraced within the prolongation or
connection of:
a.
the lateral curb lines, or if none; and
b.
the exterior edges of the roadways,
of two (2) or more highways, which join one another at an angle whether or
not one highway crosses the other;
3.14
loading and unloading means the packing or unpacking of product,
merchandise or people from a vehicle stopped for a period oftime as may
be indicated by a traffic control device;
Heavy Vehicle Bylaw 2015/15/T
Page3 ofl7
3.15
maximum allowable weight means the weight that may be borne by a
single axle, an axle group or all of the axles of a vehicle as established by the
Commercial Vehicle Weight Regulations of the Act;
3.16
operate ar ape rating means to drive, or be in actual physical control of, a
vehicle;
3.17
aperatar means a person who drives a vehicle or operates equipment as
the owner;
3.18
owner means the person named as the registered owner of the vehicle and
includes any person renting a vehicle or having the exclusive use of a
vehicle under a lease that has a term of more than thirty (30) days or
otherwise having the exclusive use of a vehicle for a period of more than
thirty (30) days;
3.19
park
means to allow a vehicle (whether occupied or not) to remain
standing in one place, except:
a.
when standing temporarily for the purpose of, and while actually
engaged in, loading or unloading passengers or goods; or
b.
when standing in obedience to a Peace Officer or traffic control
device;
3.20
Peace Officer means a person appointed as a Peace Officer pursuant to
section 7 of the Peace Officer Act, SA 2006, Chapter P-35, and also includes
but is not limited to a Police Officer, Royal Canadian Mounted Police
Officer, Special Constable, Bylaw Enforcement Officer, or a person
designated by Council to enforce the provisions of this Bylaw;
3.21
permit means a permit issued by the CAO pursuant to this Bylaw.
3.22
person includes a corporation, partnership, or individual, and the heirs,
executors, administrators or other legal representative of an individual,
joint venture, proprietorship, association, or society;
3.23
public place means any highway, parkland, public bridge, road, lane,
footway, square, court, alley, or passage, whether a thoroughfare or not,
and includes any open space to which the public may have or are permitted
to have access whether on payment or otherwise, that is owned by the
Town;
Heavy Vehicle Bylaw 2015/15/T
Page 4 of 17
3.24
road ban means a restriction on the maximum allowable weight of a
commercial vehicle that may use a highway;
3.25
roadway means that part of a highway intended for use by vehicular traffic,
and for the purposes of this Bylaw, means roadways within the Town;
3.26
time as referred to in this Bylaw, shall mean either Mountain Standard Time
or Mountain Daylight Savings Time, whichever is proclaimed to be in effect
by the Province of Alberta;
3.27
Town means the municipal corporation of the Town of Drayton Valley;
3.28
traffic control device means any sign, signal, marking or device placed,
marked or erected under the authority of the Act or this bylaw for the
purpose of regulating, warning or guiding traffic;
3.29
trailer means a vehicle so designed that it:
a.
may be attached to or drawn by a motor vehicle or tractor;
b.
is intended to transport property or persons; and
c.
includes any vehicle defined by regulation as a trailer, but
d.
does not include machinery or equipment used in the construction
or maintenance of highways;
3.30
vehicle means a device in, upon, or by which a person or thing may be
transported or drawn upon a highway and includes a combination of
vehicles but does not include a mobility aid;
3.31
Violation Tag means a tag or similar document issued by the Town for the
purpose of notifying a person that an offence has been committed for
which a prosecution may follow;
3.32
Violation Ticket means a ticket issued pursuant to Part 2 of the Provincial
Offences Procedure Act, RSA 2000, chapter P-34.
Heavy Vehicle Bylaw 2015/15/T
Page 5 of 17
4.
APPLICATION AND OVERARCHING AUTHORITY
4.1
This Bylaw applies to municipal property and highways under the
direction, control and management of the Town and nothing in this Bylaw
authorizes, or in any way affects, the operation of a vehicle on any
provincial highway.
4.2
Nothing in this Bylaw relieves any person from complying with any
provision of any federal or provincial legislation affecting vehicles,
including without restriction, the Act and all applicable regulations
thereunder.
4.3
Notwithstanding anything in this Bylaw, no person shall act in
contravention of:
a.
the directions of a Peace Officer acting in the course of his or her
employment duties; or
b.
in the absence of circumstances set out under subsection 4.3(a), a
traffic control device placed by or under the direction of the
Town.
4.4
No Person other than a Peace Officer shall attempt to direct or regulate
traffic or place anything resembling a traffic control device other than
with the permission or delegation of, and in accordance with any
conditions imposed by, the CAO.
5.
HEAVY VEHICLE ROUTE
5.1
No person shall operate or park a heavy vehicle on a highway other than
a highway specified in Schedule "A" attached hereto, without first
obtaining a permit to do so from the CAO.
5.2
No person shall park a heavy vehicle for more than one hundred and
twenty (120) minutes on any highway within the Town, and at no time
shall a heavy vehicle be parked within five (5 m) meters (sixteen (16')
feet) of a driveway or intersection.
Heavy Vehicle Bylaw 2015115/T
Page 6 ofl7
6.
EXEMPTIONS
6.1
The following shall not be deemed to be in contravention of Section 5 if
the heavy vehicle was being operated on the most direct and practicable
route between the premises or location concerned and the nearest heavy
vehicle route for the purpose of:
a.
delivering or collecting goods or merchandise to or from, or
providing services at, the premises of bona fide customers or
businesses;
b.
moving a building for which the necessary moving permit has
been issued by the Town;
c.
towing a disabled vehicle from a prohibited highway to a heavy
vehicle route and beyond, by way of the nearest heavy vehicle
route; or
d.
in the case of a vehicle which has broken down and the operator
has been unable to have it towed or repaired, despite legitimate
efforts to do so, within one hundred and twenty (120) minute
timeframe noted in Section 5.
6.2
A Person driving a bus shall not be deemed to be in contravention of
Section 5 if the bus is in the process of transporting, loading or unloading
passengers or a permit has been issued under Section 5.1 to allow
highway travel.
6.3
Persons that have more than one delivery, collection or service in the
same area may make all deliveries, collections or services within that area
before proceeding by the most direct and practical route to the nearest
heavy vehicle route. In this Section, an "area" is defined as one that is
bordered on all sides by one or more of the following:
a.
heavy vehicle routes,
b.
dangerous goods routes,
c.
Town boundary.
6.4
Nothing in this Section shall be deemed to exempt any person from the
provision of Section 4 inclusive of this Bylaw.
Heavy Vehicle Bylaw 2015115/T
Page 7 of 17
7.
OVER-WEIGHT AND OVER-DIMENSIONAL PERMITS
No person shall operate, or permit to be operated, within the Town a vehicle in
excess of the maximum allowable weight or dimension limits established by the
Act, without first obtaining a permit to do so from the CAO.
8.
OFF-ROUTE /OVER-WEIGHT PERMITS
8.1
A person applying for a permit to operate a vehicle that has a maximum
allowable weight that exceeds seven thousand five hundred (7,500 kg)
kilograms but does not exceed the allowable gross weight for the type of
vehicle, or a vehicle that exceeds ten (10 m) metres in length, other than
on a heavy truck route, shall pay to the Town the amount specified in the
Town's annual Fee Schedule.
8.2
An applicant may be issued an open permit for any number of trips or for
such a period of time as the CAO deems advisable. The CAO may issue
the permit with any restrictions or conditions he/she deems appropriate,
or the CAO may refuse the permit for any reason. A person to whom a
permit is issued shall comply with the restrictions or conditions imposed
on the permit.
8.3
Any person required to obtain a permit pursuant to this section, may
obtain such permit by providing the information required for the permit
to the CAO by telephone, fax or electronic mail, providing that the
applicant has previously signed an agreement to pay all damage caused
to the highway, or any works made or done over, upon or under the
same, as a result of operations and conveyance or movement of the
vehicle or machinery.
8.4
Any permit issued pursuant to this part, a copy of same, or bona fide
permit number must be in possession of the operator of the said vehicle
and such permit, copy of same, or bona fide number shall be produced to
a Peace Officer on demand.
9.
WEIGHT DISPUTE
In the case of any dispute arising as to the weight of any vehicle, the certificate
weight is deemed to be the actual weight of the vehicle, or, where practical, the
vehicle shall be weighed upon a certified scale, and the certificate of the person
weighing the vehicle shall be deemed conclusive.
Heavy Vehicle Bylaw 2015115/T
Page 8 ofl7
10.
TEMPORARY LOAD LIMITS (ROAD BANS)
10.1
The CAO is hereby authorized in case of unfavourable road conditions to
impose road bans upon Town highways and to lift road bans when
appropriate.
10.2
When a road ban is imposed the CAO shall post traffic control devices
along the highway to provide notice of the road ban.
10.3
No person shall operate or park a vehicle on a highway in contravention
of prohibitions stated on a traffic control device placed to give notice of
the road ban.
11.
MOVE BUILDING
11.1
No person shall use any highway of the Town to move a building or part
of a building from:
a.
one site to another within the Town,
b.
a site outside of the Town to a site within the Town, or
c.
a site within the Town to one outside the Town,
until the owner of such building or the owner of the moving company has
obtained a moving permit granted by the CAO. For the purposes of this
section, a building is as defined in the Alberta Building Code.
11.2
Such moving permit, a copy of same, or a bona fide permit number, must
be in the possession of the operator of a vehicle used for moving a
building or part of a building and shall be produced to a Peace Officer on
demand.
11.3
The person wishing to move a building or over-dimensional load shall
ensure there are sufficient pilot vehicles to escort the move in safety.
11.4
In the event any municipal services, including but not limited to police
service, Public Works, Bylaw Enforcement or Fire Department, are
required to assist with the move, the person responsible for the move
shall pay to the Town the amount specified in the Town's annual Fee
Schedule.
Heavy Vehicle Bylaw 2015115/T
Page 9 of!?
12.
PERMITTED HEAVY VEHICLE PARKING
Parking of a heavy vehicle is allowed on lands zoned to a commercial or
industrial land use district that is located on a heavy vehicle route within the
Town, in accordance with the Town's Land Use Bylaw. Any other parking of
heavy vehicles on lots constitutes an offence under this Bylaw.
13.
VIOLATION OF PERMIT CONDITIONS
Any person who violates the provisions contained in the permit issued under this
Bylaw is guilty of an offence.
14.
REVOKING PERMITS
14.1
The CAO may, in writing, alter, suspend or revoke a permit issued by his
or her office in accordance with this Bylaw if it is determined that:
a.
the permit was issued in error;
b.
the permit was issued based on incorrect information supplied to
the Town;
c.
the permit issued is in violation of this or any other Bylaw or
resolution; or
d.
circumstances
exist whereby the
CAO,
acting reasonably,
determines that the permit should be altered, suspended or
revoked.
14.2
In suspending or revoking the permit, the CAO may require that the
highway be made passable to the satisfaction of the Town.
14.3
If a permit is suspended or revoked, all activity for which a permit is
required and that is being performed without a permit shall be stopped
immediately and the person performing the work shall be liable for costs
incurred in making the highway passable.
Heavy Vehicle Bylaw 2015115/T
Page 10ofl7
15.
REMOVAL OF VEHICLES
15.1
The owner or his authorized agent, of any vehicle removed because of a
contravention of this Bylaw, shall pay to the Town all storage and/or
removal charges and fines and/or penalties, prior to the vehicle being
released.
15.2
In the event that an owner of a motor vehicle does not claim such vehicle,
the storage and removal charges may be collected pursuant to the
provisions of the Operator Licensing and Vehicle Control Regulation
AR320/2002, as amended.
16.
AUTHORITY TO MARK ROUTES
The CAO is hereby authorized to mark, with traffic control devices, any highway or
part of a highway designated by this Bylaw as a "Heavy Vehicle Route".
17.
AUTHORITY TO ENFORCE
Any Peace Officer is hereby authorized to enforce this Bylaw.
18.
DELEGATION OF AUTHORITY
The CAO may delegate his or her authority under this Bylaw to another
employee of the Town.
19.
TEMPORARY NOTICES/MARKINGS
A Peace Officer may, in enforcing this Bylaw, place temporary and removable
markings or notices on any vehicle or trailer being investigated in relation to a
contravention ofthis Bylaw.
ZO.
REMOVAL AND IMPOUNDMENT OF VEHICLE
20.1
A Peace Officer may cause to be removed and/or impounded any vehicle
that is in contravention of a provision of this Bylaw.
20.2
Notwithstanding that the vehicle may be parked in compliance with this
Bylaw, a Peace Officer may cause to be removed and/or impounded any
vehicle parked on a highway where emergency conditions require the
vehicle's removal from the highway.
Heavy Vehicle Bylaw 2015115/T
Page II ofl7
20.3
A Peace Officer shall notify the owner of a vehicle in the event of the
vehicle's removal in accordance with section 20.1 or 20.2.
20.4
Any vehicle removed under section 20.1 or 20.2 shall be delivered to an
impound facility designated by the CAO, where it will remain impounded
until claimed by the owner or his/her authorized agent, or in accordance
with applicable provincial laws.
20.5
The owner or authorized agent of any vehicle removed and impounded as
a result of a contravention of this Bylaw shall pay to the Town all storage
and removal charges. Such charges shall be in addition to any fine or
penalty imposed in respect of any such contravention.
20.6
In the event that an owner of a vehicle does not claim such vehicle, the
storage and removal charges may be collected pursuant to the provisions
of the Act.
21.
OFFENCES AND VIOLATION
21.1
Any person who contravenes any provision of this Bylaw is guilty of an
offence and is liable to:
a.
payment of the penalty as set out in Schedule "B" hereto; or
b.
for any offence for which there is no penalty specified, to a
penalty of not less than one hundred ($100.00) dollars and not
more than ten thousand ($10,000.00) dollars;
and in default of payment of any penalty, to imprisonment for up to six
(6) months.
21.2
a.
Where a Peace Officer has reasonable grounds to believe that any
person has committed a breach or contravention of any provision
of this Bylaw the Peace Officer may issue such persons a Violation
Tag pursuant to this Bylaw, or Violation Tieckt, in accordance with
the provisions of the Provincial Offences Procedure Act, R.S.A.
2000, Chapter P-34, and the regulations thereunder, or both.
b.
In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of each
day, or part of a day, on which the offence continues and any
person guilty of such an offence is liable to a fine in an amount not
less than that established by the Bylaw for each such day.
Heavy Vehicle Bylaw 2015115/T
Page 12 of17
c.
For the purposes of this Bylaw, an act or omission by an employee
or agent of a person is deemed also to be an act or omission of
the person if the act or omission occurred in the course of the
employee's employment with the person, or in the course of the
agent's exercising the powers of performing the duties on behalf
of the person under their agency relationship.
d.
When a corporation commits an offense under this Bylaw, every
principal,
director,
manager,
employee or agent of the
corporation who authorized the act or omission that constitutes
the offense or assented to or acquiesced or participated in the act
or omission that constitutes the offense is guilty of the offense
whether or not the corporation has been prosecuted for the
offense.
e.
If a partner in a partnership is guilty of an offense under this
Bylaw, each partner in that partnership who authorized the act or
omission that constitutes the offense or assented to or acquiesced
or participated in the act or omission that constitutes the offense
is guilty of the offense.
f.
The Violation Ticket or Violation Tag must specify the date of the
offense, the time of the offense, the place where the offense
occurred and the Section of the Bylaw which was contravened. If a
Violation Tag is issued in respect of an offense, the Violation Tag
must also specify the fine amount established by this Bylaw for
the offense.
22.
SERVICE OF A NOTICE OR VIOLATION TICKET OR BYLAW VIOLATION TAG
22.1
A Violation Tag or Violation Ticket shall be deemed to be sufficiently
served when it is:
a.
served personally on the accused;
b.
mailed to the address of the registered owner of the vehicle
concerned or to the person concerned; or
a.
attached to or left upon the vehicle allegedly involved in the
offense.
Heavy Vehicle Bylaw 2015115/T
Page 13 of17
23.
PAYMENT
Upon production of a Violation Ticket or Violation Tag within fourteen (14) days
from the date of service of such Ticket or Tag, together with the payment of the
sum specified in the attached Schedule "B", to a person authorized by the Town
to receive such payment, an official receipt for such payment shall be issued, and
subject to the provisions of this section, such payment shall be accepted in lieu of
prosecution.
24.
PENALTIES
24.1
The specified penalty payable in respect of a contravention of a provision
of this Bylaw is the amount shown in the attached Schedule "B" in respect
ofthat provision.
24.2
Any person who contravenes any provision of this Bylaw is guilty of an
offence and is liable on summary conviction to a fine of not more than
ten thousand ($10,000.00) dollars and in default of payment is liable to
imprisonment for a term not exceeding six (6) months.
24.3
The levying and payment of any fine or the imprisonment for any period
provided in this Bylaw shall not relieve a person from the necessity of
paying any fees, charges or costs from which he is liable under the
provisions of this Bylaw.
25.
INTERPRETATION
25.1
Words used in the singular include the plural and vice-versa.
25.2
When a word is used in the masculine or feminine it will refer to either
gender.
25.3
Words used in the present tense include the other tenses and derivative
forms.
Heavy Vehicle Bylaw 2015115/T
Page 14ofl7
26.
SEVERABILITY
If any provision of this Bylaw is held be invalid by a court of competent
jurisdiction, that decision will not affect the validity of the remaining provisions
of the Bylaw.
THAT this Bylaw shall rescind Part 3 and Schedules I, II and II(A) of Bylaw No. 2000-09 of
the Town of Drayton Valley, and shall have force and come into effect from and after
the date of third reading thereof.
READ A FIRST TIME THIS 20TH DAY OF APRIL, 2016, A. D.
READASECONDTIMET IS
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DAY OF -""~W""-="'------' 2016, A. D.
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, 2016, A. D.
Heavy Vehicle Bylaw 20 15/15/T
Page 15 of 17
HIGHWAY
50 STREET
54 STREET
55 STREET
55 STREET
55 A STREET
55 A STREET
56 STREET
57 STREET
58 STREET
60 STREET
61 STREET
62 STREET
62 STREET
SCHEDULE "A"
HEAVY TRUCK ROUTE
NORTH - SOUTH TRUCK ROUTES
FROM
HIGHWAY 22 SOUTH
50 AVENUE
49 AVENUE
INDUSTRIAL ROAD
53 AVENUE
53 AVENUE
49 AVENUE
49 AVENUE
49 AVENUE
34AVENUE
SO AVENUE
SO AVENUE
SO AVENUE
POWER CENTRE BOULEVARD HIGHWAY 22
EAST- WEST TRUCK ROUTES
50 AVENUE
RING ROAD
34AVENUE
50 STREET
BROUGHAM DRIVE
50 STREET
49 AVENUE
55 STREET
52 AVENUE
61 STREET
53 AVENUE
54 STREET
INDUSTRIAL ROAD
50 STREET
JUBILEE AVENUE
INDUSTRIAL ROAD
56 AVENUE
50 STREET
Heavy Vehicle Bylaw 2015/15/T
TO
HIGHWAY 22 NORTH
INDUSTRIAL ROAD
SO AVENUE
NORTH CUL-DE-SAC
INDUSTRIAL ROAD
SOUTH CUL-DE-SAC
50 AVENUE
SO AVENUE
SO AVENUE
NORTH DEAD END
52 AVENUE
NORTH BOUNDARY
SOUTH BOUNDARY
62 STREET
62 STREET
WEST DEAD END
34AVENUE
58 STREET
62 STREET
SO AVENUE
50 AVENUE
HIGHWAY 22
55 STREET
Page 16of17
Section
5.1
5.2
7.
8.1
8.2
8.2
8.4
10.
11.1
11.2
11.3
11.4
SCHEDULE "B"
FINES AND PENALTIES
Violation
First
Offence
Operating a heavy vehicle off
$150.00
heavy truck route without a
Permit
Parking a heavy vehicle for more
$150.00
than 120 minutes or within 5
metres of a driveway or
intersection
Operating a vehicle in excess of
$250.00
the maximum allowable weight or
dimension limits
Failure to apply for a permit or
$250.00
provide payment for a Permit
Exceeding the number of trips or
$100.00
time period approved in a Permit
Failure to comply with restrictions
$150.00
or conditions of a Permit
Failure to provide or display a
$50.00
Permit
Operating or parking on a
$150.00
highway in contravention of
traffic control device or restricted
load limits
Failure to obtain a moving Permit
$150.00
Failure to produce a moving
$150.00
Permit
Failure to provide pilot vehicles
$100.00
Failure to pay for municipal
$100.00
services
1574994;June 1, 2016
Heavy Vehicle Bylaw 2015115/T
Penalty
Second
Third
Offence
Offence
$300.00
$600.00
$300.00
$600.00
$500.00
$1.000.00
$500.00
$1,000.00
$200.00
$300.00
$300.00
$600.00
$100.00
$200.00
$300.00
$600.00
$300.00
$600.00
$300.00
$600.00
$200.00
$400.00
$200.00
$400.00
Page 17 of17