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VILLAGE OF HOLDEN
BYLAW NO. 3-2007
A BYLAW TO AUTHORIZE AND REGULATE THE OPERATION OF
OFF-HIGHWAY VEHICLES WITHIN THE VILLAGE OF HOLDEN
WHEREAS Section 7 of the Municipal Government Act, R.S.A. 2000 c. M-26
allows a municipality to make bylaws respecting the safety, health and welfare of people
and the protection of people and property, and respecting people, activities and things in,
on or near a public place or place that is open to the public; and
WHEREAS pursuant to the provisions contained in Section 120(4)(b) of the
Traffic Safety Act, R.S.A. 2000 c. T-6, the council of a municipality may, by bylaw,
authorize or issue a permit authorizing persons to drive off-highway vehicles along any
portion of a highway that is under the direction, control and management of the
municipality; and
WHEREAS pursuant to the provisions contained in Sections 120(5) and 128 of
the Traffic Safety Act, the council of a municipality is given certain powers to regulate
and control the operation of off-highway vehicles on highways which are subject to the
direction, control and management of the municipality and on property that is not a
highway and is located within the municipality; and
WHEREAS the Village of Holden is of the view that it is in the best interest of
the residents of the Village of Holden that a bylaw be passed to regulate and control the
operation of off-highway vehicles pursuant to the powers granted to municipalities under
the said sections of the Traffic Safety Act,
NOW THEREFORE the Council of the Village of Holden, in regular meeting,
duly assembled, hereby enacts as follows:
IN THIS BYLAW:
1. Definitions:
a) "Act" means the Traffic Safety Act, R.S.A. 2000 c. T-6;
b) "Alley" means a narrow highway intended chiefly to give access to the rear of
buildings and parcels of land;
c) "Council" means the Council of the Village of Holden;
d) "Ditch" means all that portion of a Highway that does not include the Roadway;
e) "Highway" means a "highway" as defined in the Act and which is subject to the
direction, control and management of the Village;
f) "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 specifically designed for such travel:
i)
4-wheel drive vehicles;
ii)
low pressure tire vehicles;
iii)
motorcycles and related 2-wheel vehicles;
iv)
amphibious machines;
v)
all terrain vehicles;
vi)
miniature motor vehicles;
vii)
snow vehicles; and
viii)
any other means of transportation that is propelled by any power other
than muscular power or wind; but does not include:
ix)
motor boats; or
x)
any other vehicle exempted from being an off-highway vehicle by
regulation.
g) "Operator" means a person who drives or is in physical control of an Off-
Highway Vehicle;
h) "Operator's License" means an operator's license that is issued under the Act
and includes a document or information and other data contained in an electronic
form that is recognized under the Act as an operator's license. A valid Operator's
License shall include licenses issued to operators who are enrolled in, or who
have successfully completed, the Graduated Drivers License program;
i) "Owner" means the person who owns an Off-Highway 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;
j) "Park" means those reserve lands, recreational lands, municipal, school,
environmental and other lands within the Village, which do not form part of a
Highway unless posted;
k) "Peace Officer" means
i)
a member of the Royal Canadian Mounted Police;
ii)
a Bylaw Enforcement Officer employed or contracted by the Village;
iii)
a Community Peace Officer
iv)
a conservation officer appointed under section 7 or Schedule 5 of the
Government Organization Act (Alberta); or
v)
a wildlife officer appointed under the Wildlife Act (Alberta);
l) "Qualified Person" means a person who is the holder of a valid Operator's
License;
m) "Roadway" means that part of a Highway intended for use by vehicular traffic,
but does not include a Ditch;
n) "Safety Helmet" means a safety helmet as prescribed in the Regulations made
pursuant to the Act;
o) "Village" means the Village of Holden;
p) "Violation Ticket" means a ticket issued pursuant to Part II of the Provincial
Offenses Procedures Act, S.A. 2000, c. P-34, as amended and Regulations
thereunder.
OPERATION RESTRICTIONS
2. Any Qualified person may operate an Off-Highway Vehicle on a Highway within the
Village subject to this bylaw and the following conditions:
a) Notwithstanding anything herein contained, the provisions of the Act shall apply
to the operation of Off-Highway Vehicles on Highways;
b) Except as otherwise provided in this bylaw, an Operator of an Off-Highway
Vehicle shall be permitted to operate the Off-Highway Vehicle on the extreme
right hand side of the Roadway and shall travel single file at all times. Off-
Highway Vehicles, when on any Highway as permitted in this bylaw, shall travel
in the same direction as vehicles traveling on that side of the Roadway;
c) An Operator of an Off-Highway Vehicle within the Village shall use the Roadway
or Alley only to leave from and return to the Village by the most direct route
possible, to and from his or her residence, at a maximum speed of thirty (30)
kilometers per hour;
d) The hours of operating an Off-Highway Vehicle on a Highway shall be restricted
to the period of time between 7:00 am and 10:00 pm;
e) All Off-Highway Vehicles traveling on a Highway shall be equipped with at least
one headlight and one taillight, and no Off-Highway Vehicle shall operate on a
Highway unless the headlight and taillight are alight.
f) All Operators and passengers of an Off-Highway Vehicle shall wear a Safety
Helmet securely attached to his or her head;
g) No person shall operate or be a passenger on an Off-Highway Vehicle where the
number of persons on the Off-Highway Vehicle exceeds the number of persons
that the Off-Highway Vehicle is designed to carry.
3. No person shall operate an Off-Highway Vehicle in any Park within the Village.
4. The provisions of this bylaw do not apply to a Peace Officer, or agents or employees
of the Village while operating an Off-Highway Vehicle in the performance of their
official duties.
5. During an emergency, disaster, or search and rescue operation within the Village, the
provisions of this bylaw may be waived, suspended or varied, by the Director of
Disaster Services, or his or her designate.
6. A Qualified Person, Operator, Owner, and/or passenger operating and/or riding on an
Off-Highway Vehicle, does so at their own risk.
7. An Operator of an Off-Highway Vehicle shall immediately, on being signaled or
requested to stop by a Peace Officer, bring his or her vehicle to a stop, and furnish
any information respecting the driver or the vehicle that the Peace Officer requires
and shall not start his or her vehicle until he or she is permitted to do so by that Peace
Officer.
OFFENSES
8. The Owner of an Off-Highway Vehicle that is involved in a contravention of this
bylaw is guilty of an offense.
9. An Owner who permits another person to operate the Owner's Off-Highway Vehicle
or an Off-Highway Vehicle of which the Owner has exclusive use, in contravention
of this bylaw, is guilty of an offense.
10. Any person who contravenes a provision of this bylaw is guilty of an offense and is
liable on summary conviction to a penalty as follows:
a) for a first offense
-one hundred ($100.00) dollars;
b) for a second offense within one year
-two hundred fifty ($250.00) dollars;
c) for a subsequent offense within one year
-five hundred ($500.00) dollars.
VIOLATION TICKETS
11. A Peace Officer is hereby authorized and empowered to issue a Violation Ticket to
any person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this bylaw.
AUTHORITY OF THE VILLAGE CAO AND VILLAGE COUNCIL
12. Council hereby delegates to the Village's Chief Administrative Officer the authority
to grant permission in writing to any person or persons to operate an Off-Highway
Vehicle for instruction and training purposes.
13. Council, by resolution, may waive any of the provisions contained in this bylaw, for a
specific situation or situations, subject to whatever condition or conditions as seem fit
to apply.
This bylaw takes effect as of the date of final passage and upon such final passage, Bylaw
No. 1-1997 shall be rescinded.
READ A FIRST TIME this 16th day of July, 2007
READ A SECOND TIME this 16th day of July, 2007
READ A THIRD TIME and finally passed this 16th day of July, 2007
_________________________________
Mayor
_________________________________
Chief Administrative Officer