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BYLAU NO. 119
Being a By-Iaw of the Summer Village of Ghost Lake, in the
Province of Alberta,
to regulate and control the operation
of 0ff-Highway Vehicles in the Summer Villaqe.
WHEREAS
pursuant to section
18 of the 0ff-Highway Vehicles Act, being chapter
0-4 of tlre Revised statutes
of Alberta,
1990, a councir may by bylaw with
respect to
highrvays under its
direction,
control
and management, authorlze
persons to operate off-highway vehicres on any portion of any such highways, may
restrict
the hours ciuring which that operation may take place, and
-subject
to
the maximum rates of speed prescrlbed for the highways under the Highway Traffic
Act, prescribe maximum and minimum rates of speed for off-highway vehicies;
AND WHEREAS
pursuant to section
160 of
the Municipar Government Act,
being
chapter M-25 of the Revised statutes of Alberta, 1980, a council. may also pasi
oylaws for the purpose of prohibiting,
eliminating or abating noi-se, in arr or a
designated location
of the municiparity
and for the purpose of protecting
rife
and property;
AND I}IEREAS the Council of The Suminer ViIIage of Ghost Lake deems it
advisable
to pass a bylaw authorizing persons to operate off-highway vehicles on certain
highways witl'rin the municiparity
during certain
hours, regurating
the speed at
which such off-highway vehicles may be operated, controlling
the noise emanatlng
from the operation of such vehicles,
and protecting
life
and property from th6
hazards inherent in the operation of such vehicles;
NOY TrlEREFortE, the Council of The summer Village of Ghost Lake, duly assembled,
enacts as follows:
SECTION I
IITLE:
a)
This Dylaw may be cited as the "0ff-Highway Vehicles Bylawil.
SECTION
II - DEFINITIONS:
In this bylaw,
(a)
rrCouncilrr means the Councll of The Summer Village of Ghost Lake;
(b)
"Highway" means a highway as defined in the Highway Traffic
Act of the
Revised Statutes of AIberta, 1980;
(c)
"0ff-Highway Vehiclet! rneans any motorized vehicle designated for cross
-country travel
on land, water, snow, ice, marsh or snamp land on any
other natural
terrai.n
and, without
llmiting
the generality
of
the
foregoing, includes, when designated for such travel,
i)
4-wheel drive or low pressure tire vehicles,
ii)
motor cycles and related 2-wheel vehlcLes,
iii)
amphibious machines,
iv)
all terrain vehicles,
v)
miniature motor vehicles.
vi )
snow vehicles,
vii)
mini-bikes, and
viii)
any other means of transportation
which is propelled by any
potver other than muscular power or wind,
but does not include
ix)
motor boats;
I'Night
Time"
means
following sunrise;
( d )
that
period commencing at sunset and ending the
- 2 -
(e)
]9pg1g!g"
means running
the
engine
of
or
the
act
off-highway vehicle;
of
driving
an
(f)
'rQPel+tor" means a person who drives or is in physical contro.L of an
off-highway vehicle;
(s)
rr0wnerrt includes a person to whom a certificate
of registration
has
be6--llsued
under the Off-Hiohway vehicre Act,
and also incrudes a
person renting
an off-highway-vehicre
o" huuing t]re excrusive use of
that
vehicre
under a l-else or otherwise for i
period of more than
thirty
(30) days.
(h)
"Public
Lards'
means atr
land within
the corporate
limlts
of
the
SGii6F-vifiile
wnicn ir
o*n"o
bv the summer Virrage,
or which is
otherwise under the direction
or contror of the counci.l of the summer
Virrage, whether such rand is rmproved in whore or in part, or remains
in its
natural
state,
but does not include those hlghways which are
identified
on the Schedule which is attached to inis bylaw;
(i)
'rPetmitted Area, means:
tl,,
the roadway of those highways within the sumrner Village
which
are identifled
on the Schedule attdched to this bylaw; and
(ii)
pubric Lands when used solely
ro" tn" pJ"potuu set forth
in
Seetion III(a)(i)
a n d ( i t ) e 1 - 1 1 - , 1 ,
b y l a w i - - '
(j)
'jRgsidencgl r"al:.the
private property within the summer Village where
a person is residing, staying or vlsitlng;
(k)
rrRoadwav' means that
part
of
a htghway within
the summer Virrage
IntendEt-for
use by a vehicle;
(r)
r'summer villgqg-
means The summer Village
of
Ghost Lake,
in
the
61ffi8-T-Ai6Erta,
and
"ihe-
corporate
rimits
thereof
or the body
corporate known as the Sunmer Virlage
of Ghost Lake, as the context
requi res ;
(m) 'rVehicrerr means a vehicre as defined in the Highway Traffic
Act of the
REE6,JTIatutes
of Alberta,
19g0.
SECTION I]I
- GENERAL
PROHIBITIONS
(a)
No person shall operate an off-highway vehicle upon any public rands
within
the sumrner village.
Thrs
-pronrbition
sharr not extend to a
person wno operates an off-highway vehicle on public lands:
(i)
solery for the pr"pose oi servicing u'dJwithln
the waters
of Ghost Lake, or launching a boal into
or removing a boat
from the waters of Ghost Lake:
(ii)
solely f9r tl,-e purpose.of performtng work for, or performing
work on behalf of the summer Virragi
as authorized'from
timJ
to time by the Council: or
(iii)
sorery tor tne purpose of gaining access to, and reaving the
frozen waters of Ghost Lake by wly of the boat raunch 'n the
schedule attached to this bylaw.
(b)
No person sharl operate an off-highway vehiere at a speed in excess of
sixteen (161 6i1o*"ares per hour anywhere within the bummer Village.
(c)
No person sharr
operate an off-nighway
vehicre anywhere within
the
summer Virlage between the hours oi toioo p.*.
on any day and .10:00
a.m. on the following day.
(d)
iitotwithsban,Cing the subsection (c), no person shall operate an off_
highway vehicle
anywhere in the summer vitrugu
ouri.ng night time or
whe^ unfavorabre atmospheric conditions are srlch that the off-highway
vehicle is not clearly visible at a distance of sixiy (50) metres.
{e)
No person shalr operate an off-highway vehicre anywhere in the sunrmer
vilraqe
rvhich is not equipped with an exhaust muffler consisting
of a
series of pipes or chambers which ensures that the exhaust gases frorn
the engine are^cooled- and expelled without excessive noise and without
the emission of any flame or sparks.
- 3 -
(f)
No person shall operate an off-highway vehicle anywhere in the Summer
ViIIage
when the muffler
with which the vehicle
is required
to be
equipped
(i)
is cut out or disconnected from the engine, or
(ii)
has had a baffle plate or other part removed, or
(iii)
has been altered by opening or widening the exhaust outlet,
or
(iv)
has been altered by attaching an attachment or device
(1)
which increases the noise of the expulsion of the gases
from the enEine, or
(2)
allows a flame to be ignited from the exhaust system.
(S)
Notwithstanding the subsections (e) and (f),
in the operation of an
off-highway vehicle
anywhere in the Summer Village,
no person shall
make, continue or cause or allow to be made or continued any loud, un-
necessary or unusual nolse,
or any noise whatsoever which annoys,
disturbs,
injures,
endangers or detracts from the comfort, repose,
health, peace or safety of other persons in the Summer Village.
SECTION IV - OPERATION
OF OFF.HIGHWAY
VEHICLES ON HIGHWAYS:
Subject to the Regulations which follow in Section V off-highway vehicles may be
operated on the roadway of those highways within the Summer Village
which are
identified
on the Schedule attached to this bvlaw.
SECTION V - REGULATIONS:
(a)
No person shalI operate an off-highway vehicle on a highway in the
Summer Village
unless he is authorlzed to do so under the 0ff-Highway
Vehicles Act and the Motor Vehicle Administratlon
Act, and without in
any way limiting
the generality of the foregoing:
(i)
a person operating the off-highway vehicle must hold a valid
operatorrs
Iicense
or be otherwlse authorized
to operate a
motor vehicle under the Motor Vehicle Administratlon
Act; and,
(ii)
the
off-highway
vehicle
must be licensed
and insured ln
compliance with the provislons of the 0ff-Highway Vehicles
Act.
(b)
No person shall
operate
an off-highway
highway that is not the roadway.
(c)
Every operator of an off-highway vehicle
to every vehicle and pedestrian uslng the
observe aIl laws, regulations
and bylaws
vehicle on a hlghway.
SECTION VI - PERMITTED
AREA USE:
vehicle
on any part
of
a
sirall yield the right-of-way
roadway, and shall otherwise
governing the operatlon of a
(a)
An operator
risk.
(b)
The Summer
suitable for
of an off-highway vehicle uses permitted areas at his own
ViIIage
does not warrant
any permitted
area as being
off-highway vehicle use.
SECTION VII - VOLUNTARY
FINES:
(a)
Where a Peace 0fficer,
Special Constable, Bylaw Enforcement 0fficer
or
other person authorized
to carry
out the provislons
of this
bylaw
believes that any person has contravened any provisions of this bylaw
he may serve upon such person a notice or form having printed wording
approved by the Council.
This notice or f,orm shall state the section
of
the bylaw which was contravened and the
amount which wiII
be
accepted by the Summer Village
in lieu of prosecution, which shall be
Twenty-Five Dollars ($25 . 0 U ) .
b)
Service of any notice or form shall be sufficient
if
it is
i)
Personally served,
ii)
Served by mail,
iii)
Left nith
an adult person who resides at the residence where
the person who is
alleged
to
have comrnitted such offence
resides,
- + -
Upon production
of
the
notice
of
form issued,
pursuant
to
this
Section, within
ten (10) consecutive days fronr the date of i_ssuance,
together with paymer-it, to the Summer Village
Office,
of the fee as
provided in subsection (a), the person to whom the notice or form was
issued shall
not be liable
for prosecution for the contravention
in
respecc of which the notice or form was issueo.
Notwithstanding the provisions of this
Section, a person to whom a
notice or form has been issued pursuant to this
section may exercise
his right
to defend any charge of committing a contravention of any of
the provisions of this bylarv.
SECTION VIII
OFFENCESPENALTIES AND PROSECUTIONS:
(a)
Every person who contravenes this
bylaw ls guilty
of an offence and
liable
on summary conviction
i)
for a firsb
offence to a fine of not more than Fifty Dollars
($50.00) and in default of payment to imprisonment for a term
of not more than thirty
(30) days, and
ii)
for a second or subsequent offence to a fine of not more than
One i-lundred Dollars
(5100.00) and in default
of payment to
imprisonment for a term of not more than sixty
(60) days.
(b)
Ihe
owner of
an
off-highway
vehicle
that
is
involved
in
a
contravention
of this
bylaw ls guilty
of an offence unless he proves
to the satisfaction
of the Judge that at the time of the contravention
the off*highway vehicle was not being operated by him or by any other
person with his consent, expressed or implied.
(c)
In any prosecution under this
bylaw, a certificate
purporting to be
signed by a meteorologist and stating the time of sunrise and the time
of sunset in or about the area of the Summer Vlllage shall be admitted
in
evidence
as
prima
facie
proof
of
the
facts
stated
in
the
certificate,
without proof of the signature or qualifications
of the
person signlng the certificate.
(d)
What is a loud noise, an unnecessary noise, an unusual noise, or a
noise which annoys, disturbs,
inJures
or
endangers the
comfort,
repose, health, peace or safety of other persons is a questlon of fact
for
a Court which hears the prosecution
of
an offence
under this
bylaw.
SECT]ON IX - EFFECTIVE DATE:
(a)
This
bylaw shall
come into
effect
on the date of
final
passing
thereof.
READ a first
time this
READ a second time this
day of
June
1987 .
1 0th
day of
3une
, 1 9 8 7 .
( c )
( d )
1 0th
READ a tlrird and final
time this
and passed by a majority consent
10th
dav
of Council.
o f
June
1987 ,
, / / "
[J/.!.rt4
MAYOR
SCBUDULE TO BYLAI.I 1I9
OF
TUE SU}OIER VILLAGE OF GHOST I.trKE
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