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OFF HIGHWAY VEHICLE BYLAW
943-13
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TOWN OF HIGH LEVEL
OFF HIGHWAY VEHICLE BYLAW
BYLAW NO. 943-13
Being a Bylaw to regulate Off-Highway Vehicle usage within the Town of High Level.
WHEREAS the Traffic Safety Act authorizes a municipal council to pass bylaws pertaining to general
traffic regulation in that municipality, which bylaws shall not be inconsistent with that Act;
WHEREAS the Council of the Town of High Level, deems it desirable to regulate traffic within the
Town of High Level
NOW THEREFORE the Council of the Town of High Level, in the Province of Alberta, duly
assembled, hereby enacts as follows:
PART 1
DEFINITIONS
1.
This Bylaw may be referred to as "The Off-highway Vehicle Bylaw".
2.
In this Bylaw:
(a)
"Alley" means a narrow Highway intended chiefly to give access to the rear of buildings and
parcels of land;
(b)
"Approved Helmet" means a safety helmet that is approved under Part 6 Division 4 of the
Vehicle Equipment Regulation AR 122/2009 (as amended);
(c)
"Bylaw" means a Town bylaw, including any amendments thereto;
(d)
"Bylaw Enforcement Officer" means an individual appointed as such in accordance with Bylaw
970-10, the "Bylaw Enforcement Officer Bylaw" (as amended);
(e)
"Town" means the Town of High Level, a municipal corporation of the Province of Alberta, and
includes, where the context so requires, the area contained within the boundaries of the Town
of High Level;
(f)
"CAO" means the Town's Chief Administrative Officer;
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(g)
"Court" means the Provincial Court of Alberta;
(h)
"Curb" means the actual Roadway curb or, if there is no curb in existence, the division of a
Highway between the Roadway and the Sidewalk or Boulevard, as the case may be;
(i)
"Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct,
lane, Alley, square, bridge, causeway, trestle way 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
a) a Sidewalk, including a Boulevard adjacent to the Sidewalk,
b) if a ditch lies adjacent to and parallel with the Roadway, the ditch, and
c) 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,
d) but does not include a place declared by provincial regulation not to be a Highway;
(j)
"Municipal Violation Tag" means a Town-issued notice that alleges an offence and provides a
person with the opportunity to pay an amount to the Town in lieu of prosecution for the
offence;
(k)
"Off-Highway Vehicle" means any motorized mode of transportation not intended for normal
Roadway use, but 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 of the foregoing, includes,
when specifically designed for such non- Roadway travel,
a) 4-wheel drive Vehicles,
b) low pressure tire Vehicles,
c) Motorcycles and related 2-wheel Vehicles,
d) amphibious machines,
e) all terrain Vehicles,
f)
miniature motor Vehicles
g) snow Vehicles,
h) mini bikes, and
i)
any other means of transportation that is propelled by any power other than muscular
power or wind,
but does not include
j)
motor boats, or
k) any other Vehicle exempted from being an off-highway vehicle by provincial regulation;
(l)
"Owner" means the Person who owns a 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 30 days or
otherwise having the exclusive use of a Vehicle for a period of more than 30 days, or if the
context dictates, a duly registered land titleholder;
(m)
"Parkland" means any developed or undeveloped property that is owned, controlled or
maintained by the Town, is intended to be used by members of the public for recreation
purposes, and is
a) preserved as a natural area,
b) designated or districted as park or public recreation,
c) dedicated as municipal reserve, environmental reserve or a public utility lot property
pursuant to the Municipal Government Act R.S.A. 2000, Ch.M-26 (as amended), or
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d) a Boulevard contiguous with, partially within or fully within the property referenced under
subsections (i), (ii) or (iii);
(n)
"Peace Officer" means a Person employed for the purposes of preserving and maintaining the
public peace, and includes
a) a provincially-appointed Community Peace Officer, and
b) a Bylaw Enforcement Officer authorized to enforce this Bylaw in accordance with his or
her appointment;
c) a member of the Royal Canadian Mounted Police;
(o)
"Pedestrian" means
a) a person on foot; or
b) a person in or on a mobility aid,
and includes those Persons designated by regulation as Pedestrians and for the purposes of
this Bylaw, includes users of in-line skates, roller skates, skateboards and non-motorized
scooters;
(p)
"Person" includes any individual, corporation, society, association, partnership or firm;
(q)
"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;
(r)
"Sidewalk" means that part of a Highway especially adapted to the use of or ordinarily used by
Pedestrians, and includes that part of a Highway between
a) the Curb line, or
b) where there is no Curb line, the edge of the Roadway,
and the adjacent property line, whether or not it is paved or improved;
(s)
"Stop" means
a) when required, a complete cessation from vehicular movement, and
b) 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 a Peace Officer or Traffic Control Device;
(t)
"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 Town;
(u)
"Traffic Control Device" means any sign, signal, marking or device placed, marked or erected
under the authority of this Bylaw for the purpose of regulating, warning or guiding traffic;
(v)
"Undeveloped Land" means land owned by the Town 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.
(w)
"Violation Ticket" means a violation ticket issued in accordance with the Provincial
Offences Procedure Act S.A. 2009, c.52.
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PART 2
RULES FOR THE OPERATION OF VEHICLES
3.
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 Town;
a) In the period between November 16th and March 31st in any year, between the hours of
ten (10) o'clock in the evening (p.m.) and seven (7) o'clock of the next forenoon (a.m.)
b) between April 1 and November 15 in any year
Licensing, Registration and Insurance
4.(1) No person shall drive an off-highway vehicle on any portion of a highway within the municipal
boundaries of the Town unless
a) they are a holder of a valid Driver's License or learners permit and are abiding by the rules
of that license or permit as per the provisions of the Traffic Safety Act RSA 200 Chapter T-6.
(2)
No person shall permit another person who is not a holder of a valid license or permit as noted
in subsection (1) to drive an off-highway vehicle on any portion of a highway within the
municipal boundaries of the Town, as per the provisions of the Traffic Safety Act RSA 2000
Chapter T-6.
5.(1)
No person under the age of 14 years shall operate an off-highway vehicle in a public place.
(2)
Notwithstanding subsection (1), a person under the age of 14 years shall not be considered in
contravention of this section if he is supervised by an adult person seated next to him on the
off-highway vehicle, or otherwise in close proximity, while giving instruction, if that instruction
is not given on a highway.
6.
No person who is the owner of an off-highway vehicle may operate or permit any other
person to operate an off-highway vehicle on any public property when there is
a) no subsisting certificate of registration issued to that vehicle and
b) the license plate it not properly affixed to the vehicle
7.
No person who is the registered owner of an off-highway vehicle shall operate or permit any
other person to operate an off-highway vehicle when there is no subsisting certificate of
insurance issued to that vehicle.
Designated areas & Speed
8.
No person shall operate an off-highway vehicle on any portion of a:
a) Recreation area,
b) School ground,
c) Parkland area,
d) Developed or landscaped area, or
e) Private property without permission of the owner or occupant of such property;
within the municipal boundaries of the Town.
9.
No person shall operate an off-highway vehicle within the boundaries of the Town in excess of
a) Twenty (20) kilometers per hour on any alley, and
b) Thirty (30) kilometers per hour on all highways within the boundaries of the Town except
an alley;
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10.
The operator of an off-highway vehicle is authorized to operate an off-highway vehicle on any
Alley or Roadway as well as Town owned Undeveloped Land as described in Appendix "A" as
approved by Council from time to time, by the most direct and shortest route of travel through
Town or for service or maintenance
a) 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 Town of High
Level for the purposes of landscaping, street maintenance, snow clearing activities,
enforcement purposes and emergency services.
b) The CAO may, upon application from an association or society registered under the
Societies Act whose mandate involves the operation of off-highway vehicles, approve the
use of off-highway vehicles within the boundaries of the Town for a specific period of time
as a special event at which occasion the maximum speed limit and routes shall not apply.
11.
The operator of an off-highway vehicle shall yield to all other traffic on any highway in the
Town and to all pedestrians at all times and places.
12.
No person shall operate an off-highway vehicle without due care and attention; or without
reasonable consideration for other persons or property.
Towing
13.
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,
b) is of sufficient strength to safely control the vehicle being towed'
c) does not exceed 1.83 m in length , and
d) adequately prevents the towed vehicle from colliding with the towing vehicle in the case
of downhill travel or a stop.
14.
When crossing any highway, roadway, sidewalk, or parking lane the operator of an off-
highway vehicle, must:
a) stop the off-highway vehicle before entering onto the highway or portion thereof to be
crossed;
b) ensure all passengers disembark from the off-highway vehicle and any vehicle or thing
attached thereto before he commences to cross;
c) yield to the right of way to all other vehicles and persons on the highway; and
d) cross over the highway or portion thereof to be crossed from the most direct and shortest
route of travel available
15.
The operator of, and passengers being carried or towed by, an off-highway vehicle within the
Town shall at all times wear a protection helmet, which has been CSA approved, when the off-
highway vehicle is in motion.
Damage
16.
No person shall in any way damage any street furniture on any highway or public place within
the Town.
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a) Any cost of repair shall be in addition to any charge laid under this section.
17.
Operation of off-highway vehicles in the Town is at the operator's own risk and the Town does
not warrant any area as being suitable for the use of off-highway vehicles.
PART 3
ENFORCEMENT
Seizure and Impoundment of Vehicle
18.
A peace officer who on reasonable and probable grounds believes that an offense under any
section of this Bylaw has been committed may seize and detain any off-highway vehicle in
respect of which the offence was committed for a period of 21 days or;
a) notwithstanding section 18, in the event a plea of guilty is entered before the 21 day period
and disposition of all proceedings against the owner or operator of that off-highway vehicle is
completed before the 21 day period, the off highway vehicle may be returned to the owner.
19.
When seizure and detainment occurs, the owner of the off-highway vehicle shall be
responsible for all storage fees, towing, and all other associated fees.
20.(1) A Peace Officer or a Member shall notify the Owner of a Vehicle in the event of the Vehicle's
seizure in accordance with section 18.
(2) Any Vehicle seized under section (18) shall be delivered to an impound Facility where it will
remain impounded until claimed by the Owner or in accordance with applicable provincial
laws.
Offence
21.(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 Schedule 1.
(2) When a Vehicle is operated in contravention of any provision of this Bylaw, the Owner or
operator shall be deemed to have committed the corresponding offence.
Fines and Penalties
22.
A Person who is guilty of an offence under this Bylaw is liable
a) to a fine as prescribed in Schedule 1; or
b) on summary conviction, to a fine not exceeding $10,000.00 but not less than specified in
Schedule 1 or to an order of imprisonment for not more than 1 year, or both.
Municipal Violation Tag
23.(1) A Peace Officer may issue, with respect to an offence under this Bylaw, a Municipal Violation
Tag specifying the fine amount established by this Bylaw.
(2) Where a Municipal Violation Tag is issued, the fine amount indicated thereon may be paid as
directed in lieu of prosecution.
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Violation Ticket
24.(1) A Peace Officer may issue, with respect to an offence under this Bylaw, a Violation Ticket:
a) specifying the fine amount established by this Bylaw; or
b) requiring an appearance in court without the option of making a voluntary payment.
(2) Where a Violation Ticket specifies a fine amount, a voluntary payment equal to the specified
fine amount may be made as directed.
Service of Municipal Violation Tag
25.
A Municipal Tag is deemed to have been properly served if;
a) It is served personally on the owner or operator of the vehicle or accused person
b) It is affixed to the a conspicuous place on the vehicle
Service of a Violation Ticket
26.
A Violation Ticket is deemed to have been properly served if served in accordance with the
Provincial Offences Procedures Act.
PART 4
BYLAW COMING INTO EFFECT
27. This Bylaw shall take effect on DATE: 1st day of October, 2013
28. Bylaw 918-12 and associated amendments are herby repealed
READ A FIRST TIME this 24th day of June , 2013.
READ A SECOND TIME this 15th day of July , 2013.
READ A THIRD AND FINAL TIME this 23rd day of September, 2013.
SIGNED AND PASSED this day of , 2013.
MAYOR
MUNICIPAL SECRETARY
(Original signed)
(Original signed)
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SCHEDULE 1 - PENALTIES
Description
Bylaw Section
Penalty
Operate OHV during restricted hours or
dates
3
$250
Operate OHV w/o valid operator's
license
Allow other to op. OHV w/o license
4(1)(a)
4(2)
$250
$250
Underage operation of OHV
5(1)
$250
Fail to hold valid Registration
Fail to display valid license plate
6(a)
6(b)
$250
$100
Fail to hold valid Insurance
7
$500
Operate OHV in restricted area
8 (a-e)
$250
Speeding (+ 20 km/hr in alley)
Speeding (+ 30 km/hr on highway)
9(a)
9(b)
$100
$100
Fail to take most direct route
10
$250
Fail to yield to traffic/pedestrian
11
$250
Operate without due care and attention
12
$250
Improper towing
13
$100
Improper crossing
14
$250
Fail to wear helmet
15
$250
Damage to street furniture
16
$250 plus cost of repair