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LETHBRIDGE COUNTY
IN THE PROVINCE OF ALBERTA
BYLAW NO. 19.023
OFF-HIGHWAY VEHICLE CONTROL BYLAW
BEING A BYLAW OF LETHBRIDGE COUNTY, IN THE PROVINCE OF
ALBERTA TO REGULATE THE OPERATION OF OFF HIGHWAY VEHICLES
WHEREAS pursuant to the Traffic Safety Act, Council may, through bylaw
authorize the use of Off-Highway Vehicles on highways under its direction,
control and management;
WHEREAS pursuant to the provisions of the Municipal Government Act, Council
may pass bylaws for municipal purposes respecting the following matters:
a. the safety, health and welfare of people and the protection of people and
property
b. people, activities and things in, on or near public place or place that is
open to the public; and
c. the enforcement of bylaws.
WHEREAS it is the desire of Council of Lethbridge County to regulate the use of
Off-Highway Vehicles within Lethbridge County;
NOW THERFORE the Council of Lethbridge County, in the Province of Alberta,
duly assembled enacts as follows:
Partl -ShortTitle
1.1 This Bylaw may be cited as the Off-Highway Vehicle Control Bylaw.
Part2 - lnterpretation and Apolication
Definitions
2.1 ln this Bylaw, unless the context otherwise requires:
a. "ACT" means the Traffic Safety Act, RSA 2000, c.T-6 as amended or
substituted from time to time.
b. "Ghief Administrative officer" means the Chief Administrative Officer
of Lethbridge County.
c. "Council" means the Council of Lethbridge County
d. "Hamlet" any area zoned as Hamlet Residential as per the current
Land Use Bylaw.
e. "Highway" means any thoroughfare, street, road, trail, avenue,
parkway, driveway, viaduct, lane, alley, square, bridge, causeway,
trestleway 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:
i. a sidewalk, including a boulevard adjacent to the sidewalk, and
ii. if a ditch lies adjacent to and parallel with the roadway, the ditch,
and
iii. 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, but does not include
a p l a ce d e c l a re d oÏ,f"9,*'
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f."Municipal Property" means any lands owned by the Municipality, or
under the direction, control and management of the Municipality, to
which members of the public have access by express or implied
invitation, but does not include Highways;
g. "Off-Highway Vehicle or OHV" means any motorized mode of
transportation 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 travel,
i. 4-wheel drive vehicles
ii. low pressure tire vehicles,
iii. motor cycles and related 2-wheel vehicles,
iv. amphibiousmachines,
v. all-terrainvehicles,
vi. snow vehicles,
vii. any other means of transportation that is propelled by any power
other than muscular power or wind, but does not include motor
boats
viii. miniature vehicles, including but not limited to go carts, golf
carts, pocket bikes, riding lawn mowers, scooters, and mopeds
that cannot be registered pursuant to the Operator Licensing
and Vehicle Control Regulation, or
ix. any other vehicle exempted from being an Off-Highway Vehicle
by regulation;
h. "Operator" means a person responsible for the operation of a
Vehicle.
i. "Operate or Operating" means to drive, or be in actual physical control
of an Off-Highway Vehicle;
j. "Operator's License" means an operator's license issued pursuant to
the Traffic Safety Act and includes a license or permit issued in
another jurisdiction that permits a Person to operate a motor vehicle of
the same class;
k. "Owner" with respect to an Off-Highway vehicle means:
a. the person in whose name the Vehicle is registered under the
Act:
b. any person renting an Off-Highway Vehicle or having the
exclusive use of that Vehicle under a lease or othenryise for a
period of more than thirty (30) days.
l. "Peace Officer" means:
a. a Bylaw Enforcement Officer appointed pursuant by the
Municipal Government Act; or
b. a police officer appointed pursuant to the Police Act; or
c. a peace officer appointed pursuant to the Peace Officer Act
whose appointment includes enforcement of the Municipality's
bylaws;
m. "Person" means any individual, firm, partnership, association,
corporation, trustee, executor, administer or other legal representative;
n. "Roadway" means that part of a Highway intended for use by
vehicular traffic;
o. "Safety Helmet" means a safety helmet intended for use by an
operator or passenger of an Off-Highway Vehicle that meets all the
conditions of the Off-highway Vehicle Regulation, Section 9.1.
p. "Subdivision" Any area zoned as Grouped County residential as per
the current Land Use Bylaw.
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q. "Municipal TAG" means a ticket or similar document issued by the
County pursuant to the Municipal Government Act, RSA 2000, c. M-
26;
"Violation Ticket" means a ticket issued pursuant to Part ll or Part lll
of the Provincial Offences Procedure Act, RSA 2000 c. P-34 and the
regulations thereunder.
Part 3 - Rules of lnteroretation
Any heading, sub-headings, or tables of contents in this Bylaw are
included for guidance purposes and convenience only and shall not
form part of this Bylaw.
f
3.1
3.2
Any reference to a statute is a statute of the Province of Alberta
unless othenruise stated and includes reference to any regulations
enacted thereunder.
Where this Bylaw refers to another Act, bylaw, regulation or
agency, it includes reference to any Act, bylaw, regulation or
agency that may be substituted therefore.
3.4
This Bylaw is gender-neutral and, accordingly, any reference to one
gender includes another
Part 4 - Application
4.1 This Bylaw applies to Highways under the direction, control and
management of the Municipality and nothing in this Bylaw
authorizes, or in any way affects, the Operation of an Off-Highway
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 effecting Off-
Highway Vehicles, including without restriction, the Traffic Safety
Act and all applicable regulations thereunder.
Part 5 - Prohibitions
5.1
A person may only Operate an Off-Highway Vehicle on highways
under the direct control of the Municipality in the parking lane of the
Roadway; or
a. where the Roadway does not include a parking lane or
where the parking lane is obstructed, in the rightmost lane of
the Roadway: and
b. at a maximum speed not to exceed fifty (50) kilometers per
hour, or where a lower speed limit has been prescribed, in
excess of the prescribed limit.
5.2
For greater certainty, and without in any way restricting Section 4.2,
a person may Operate an Off-Highway Vehicle on a Highway
provided that at all times the person shall:
a. travel in the same direction as vehicles travelling upon the
Roadway; and
b. travel in single file with any other Off-Highway Vehicles, and
c. the operator of an off-highway vehicle may cross any
highway, including the roadway, the parking lane or sidewalk
portion of the highway, as the case may require, if
i. the operator stops the off-highway vehicle before
entering onto the highway or portion of the highway to
be crossed,
ii. all passengers disembark from the off-highway vehicle
and any vehicle or thing attached to it before the
driver commences to drive the off-highway vehicle
across the highway,
iii. the operator yields the right of way to all other vehicles
and Persons # :î""rJ:9"l.Yr?li*orr"* .re-023 off H¡shway vehic,e contro,.doc
3.3
iv. the operator drives the off-highway vehicle across the
highway or portion of the highway to be crossed
-by the most direct and shortest route of travel
available or
-if the most direct and shortest route of travel
available to the driver is not the safest route, with
reasonable care and caution by the safest and most
direct route available to the driver.
-the driver waits to proceed across the highway until
the condition of the traffic on the highway being
entered on and crossed is such that the off-highway
vehicle can enter on and cross the highway in safety.
5.3
Without restricting the generality of section 4.2, no person shall
Operate an Off-Highway Vehicle in the Municipality unless
a. the Off-Highway Vehicle is duly:
i. registered
ii. insured; and
iii. displays a valid license plate, pursuant to the Traffic
Safety Act, and
b. the Off-Highway Vehicle is equipped with headlamps, tail
lamps, an exhaust muffler and such other equipment as
required by the Off-Highway Vehicle Regulation; and
c. the person Operating the Off-Highway Vehicle has a valid
Operator's License.
5.4
Section 5.3 above does not apply to the Operation of an Off-
Highway Vehicle on land:
a. owned by the person operating the Off-Highway Vehicle; or
b. on land owned by some other person if that person has
expressly or impliedly consented to the operation of that Off-
Highway Vehicle on that land.
5.6
No person shall Operate an Off-Highway Vehicle on Municipal
Property.
5.7
No person shall operate an Off-Highway Vehicle on a Highway,
except in accordance with this Bylaw or as otherwise permitted
under the Traffic Safety Act.
5.8
No person shall operate an Off-Highway vehicle in the Municipality
unless the person is at least 14 years of age.
5.9
No person shall operate an Off-Highway vehicle on a highway one-
half hour before sunrise and one-half hour after sunset.
5.10
No person shall Operate or ride as a passenger on an Off-Highway
Vehicle unless that Person is wearing a Safety Helmet securely
attached on the Person's head unless the Person is a bona fide
member of the Sikh religion and wears a turban
5.11 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.
5.12 No person shall Operate an Off-Highway Vehicle on any Highway
where the Municipality has placed a sign or signs prohibiting such
operation.
5.13 Off-Highway vehicles are not permitted to travel within Hamlets and
Subdivisions unless a waiver has been granted.
5.14 Any person who permits another person to operate an off-highway
vehicle in contravention of this Bylaw is guilty of an offence.
\*
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5.15 Every person who contravenes the provisions of this Bylaw is guilty
of an offence and liable on summary conviction to a penalty as
prescribed in Schedule "A" of this Bylaw
Part 6 - Exemptions
6.1 The provisions of this Bylaw shall not apply so as to restrict in any
way the operation of an OHV by a Peace Officer or firefighter while
in the performance of their official duties.
a. An operator may drive an Off-Highway Vehicle on Municipal
Property where the person, while in the performance of their
official duties, is:
i. an employee or volunteer of the Municipality
ii. an agent or contractor acting on behalf of the
Municipality
Part 7 - Authoritv of Municipal Officials
7.1
Without restricting any other power, duty or function granted by
this Bylaw, the Chief Administrative Officer is authorized to:
a. Carry out any inspections to determine compliance with the
Bylaw
b. Take any steps or carry out any actions required to enforce
this Bylaw
c. Take any steps or carry out any actions required to remedy
a contravention of this Bylaw; and
d. Delegate any powers, duties or functions under this Bylaw to
an employee of the County.
Part I - Authoritv of Peace Officers
Municioal Taos
8.1
A Peace Officer is hereby authorized and empowered to issue a
Municipal Tag to any person who the Peace Officer has reasonable
and probably grounds to believe has contravened any provision of
this Bylaw.
8.2
A Municipal Tag may be served:
a. in the case of an individual:
i. personally, to the individual;
ii. by registered mail;
iii. by leaving it for the individual at his place of residence
with a person who appears to be at least eighteen
(18) years of age; or
b. in the case of a partnership or corporation, personally or by
registered mail to either the registered office or business
address of the partnership or corporation.
8.3
Notwithstanding Section 8.2 where no other means of service
appears to be practical, in the opinion of the Peace officer, the
Municipal Tag may be posted in a conspicuous place at the
person's place of residence or Property at which the residence is
located if service cannot othenryise reasonably be affected.
8.4 The Municipal Tag shall be in a form approved by the County and
shall state:
a. the name of the person to whom the Municipal Tag is
issued, if known;
b. a description of the Property upon which the offence has
been committed, if applicable;
c. a description of the offence and the applicable Bylaw
section;
d. the appropriate penalty for the offence as specified in
Schedule "4" of this Bylaw
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I
e. that the penalty shall be paid within (30) days of the
issuance of the Violation Tag in order to avoid prosecution;
and
f. any other information as may be required by the County
Manager.
Where a contravention of this Bylaw is of a continuing nature,
further Municipal Tags may be issued by the Peace Officer,
provided that no more than one Municipal Tag shall be issued for
each day that the contravention continues.
8.6
A person to whom a Municipal Tag has been issued may pay the
penalty specified on the Municipal Tag and if the amount is paid on
or before the required date, the person will not be prosecuted for
the offence.
8.7
Notwithstanding Section 8.1 of this Bylaw, a Peace Officer is
hereby authorized and empowered to immediately issue a Violation
Ticket pursuant to either Part ll or Part lll of the Provincial Offences
Procedures Act, RSA 2000, c. P-34, as amended, to any person
who the Peace Officer has reasonable grounds to believe has
contravened any provision of this Bylaw.
Part 9 - Violation Ticket
9.1
lf the penalty specified on a Municipal Tag has been issued and
the penalty specified on the Municipal Tag is not paid within the
prescribed time, a Peace Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to either Part ll or
Part lll of the Provincial Offences Procedure Act, RSA 2000, c. P-
34.
Part 10 - Severabilitv
10.1 Should any provision of this Bylaw be invalid, then such provision
shall be served, and the remaining Bylaw shall be maintained.
Part l1 Offences and Penalties
11.1 A person who contravenes or fails to comply with any provision of
this Bylaw is guilty of an offence and is liable to a fine in an amount
not less than that established in this Part and not exceeding
$10,000.00.
11.2 Without restricting the generality of Section 11.1 the fine amounts
established for use on Municipal Tags and Violation Tickets if a
voluntary payment option is offered are set out in Schedule "4".
11.3 Schedule 'A" attached hereto shall form part of this Bylaw.
Part 12 - Effective Date
12.1 This Bylaw comes into effect after third reading and upon begin signed.
READ a first time this 20th day of June, 2019.
Chief Ad min istrative Officer
8.5
eve
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READ a second time this âÞ+^ d^y or
4Lutt-Q-
2019.
READ a third time this 44/4 day of
Chief
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Officer
2019
Ch ief Ad m i n istrative Officer
XlExecutive Files\'l1sBylawsuol9 Bylaws\Bylaw l9-023 Ofi Highway Vehicle Confol.dæ
SCHEDULE f¡A''
Off-Highway Vehicle Gontrol Bylaw No. 19-023
Penalty
$100.00
$100.00
$100.00
$500.00
$100.00
$310.00
$78.00
$100.00
$500.00
$200.00
$100.00
Offence
Exceedino 50 kph
Travel contrary to provisions
Unreqistered/ uninsured OHV
Operate OHV on Municipal Property
Operate OHV under 14 years of age
Operate OHV on highwav outside restricted hours
No Helmet
Exceed the number passengers on OHV
Operate OHV where prohibited
Operate OHV within a Hamlet or Subdivision
Permit another to ride OHV in contravention of this
Bvlaw
Section
5.1
5.2
5.3
5.6
5.8
5.9
5.10
5.11
5.12
5.13
5.14
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