Municipal District of Pincher Creek No. 9 Traffic Bylaw No. 1365-25

Municipal District of Pincher Creek No. 9, Alberta · No. 9 · adopted 2026-05-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot e2f6545e3e01 · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9 BYLAW #1365-25 TRAFFIC BYLAW BEING A BYLAW OF THE MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE REGULATION AND CONTROL OF TRAFFIC AND OTHER ACTIVITIES UPON HIGHWAYS WITHIN THE MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9. WHEREAS pursuant to Section 7 of the Municipal Government Act, R.S.A. 2000, Chapter M- 26 and amendments thereto, the Council of the Municipal District ofPincher Creek No. 9 may pass bylaws for municipal purposes respecting: a) The safety, health and welfare of people and the protection of people and property; and b) People, activities and things in, on or near a public place or place that is open to the public; c) Transport and transportation systems; and d) The enforcement of bylaws; AND WHEREAS the Traffic Safety Act, RSA 2000, c T-6 empowers a Council to regulate and control vehicles, animal and pedestrian traffic and parking on highways and other property within the municipality; NOW THEREFORE, the Council of the Municipal District ofPincher Creek No. 9 enacts as follows: PART 1 - Title, Definitions and Interpretation Title: 1. This bylaw may be referred to as the "Traffic Bylaw". Definitions: 2. In this Bylaw, the following words shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the past and future; words in the plural include the singular; words in the singular include the plural; words in the masculine gender include feminine and neuter genders; words in the feminine and neuter genders include the masculine gender. The word "shall" is always mandatory and not merely directory. (a) "Alley" means a narrow highway providing and offering access to the rear of buildings and parcels of land; (b) "Boulevard" means a part of a highway in an urban area that: (i) is not roadway; and (ii) is that part of the sidewalk that is not especially adapted to the use of or ordinarily used by pedestrians; (c) "Chief Administrative Officer (CAO)" means the person designated as the Chief Administrative Officer for the Municipality; (d) "Council" means the Council of the Municipal District ofPincher Creek No. 9; (e) "Court" means a Court of competent jurisdiction in the Province of Alberta; (f) "Curb" means the actual curb, if there is one, and if there is no curb in existence, shall mean the division of a highway between that part thereof intended for the use of vehicles and that part thereof intended for the use of pedestrians; (g) "Emergency" means a present or imminent event that requires prompt coordination, action or special regulation of persons or property, to protect the health, safety and welfare of people and to limit damage to property; Bylaw No. 1365-25 Page 1 of 23 (h) "Emergency Vehicle" means (i) a vehicle operated by a police service as defined in the Police Act; (ii) a fire-fighting or other type of vehicle operated by the fire protection service of a municipality; (iii)an ambulance operated by a person or organization providing ambulance services; (iv)a vehicle operated as a gas disconnection unit of a public utility; (v) a vehicle designated by regulations as an emergency response unit pursuant to the Vehicle Equipment Regulation; (i) "Hamlet" means the Hamlets of: Beaver Mines, Lowland Heights, Lundbreck, Pincher Station and Twin Butte; (j) "Heavy Vehicle" means a vehicle or vehicle with trailer attached, exceeding any one of the following: (i) Two axles; (ii) Twelve and one half (12.5) meters in length; or (iii)A maximum allowable weight of five thousand five hundred (5500) kilograms; but does not include recreational vehicles, equipment or vehicles owned and operated by the municipality used for road maintenance or construction; (k) "Highway" has the meaning as defined in the Traffic Safety Act (1) "Mobility Aid" means a device used to facilitate the transport, in a normal seated orientation , of a person with a physical disability; (m) "Motor Vehicle" has the meaning as defined in the Traffic Safety Act; (n) "Municipal Government Act" means the Municipal Government Act, R.S.A. 2000, C. M- 26, as amended or replaced from time to time; (o) "Municipal Order" means a written Order issued by the municipality pursuant to the provisions of this Bylaw; (p) "Municipality" means the Municipal District ofPincher Creek No. 9; (q) "Noise" means any loud, unnecessary or unusual sound or any sound whatsoever which, having regard for all circumstances, including the time of day and the nature of the activity generating the sound, is likely to unreasonably annoy, disturb, injure or detract from the comfort, repose, health, peace or safety of any person within the municipality; (r) "Obstruction" means any act or thing that blocks, impedes, interferes with, hinders or prevents, or causes a restriction of vision, passage, maintenance or use of public property or highways by vehicles or pedestrians; (s) "OfF-Highway Vehicle" has the same definition as found in the Traffic Safety Act; (t) "Operator" means a person responsible for the operation of a vehicle; (u) "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 temi of more than 30 days or otherwise having the exclusive use of a vehicle for a period of more than 30 days; (v) "Pedestrian" means a person on foot or a person in or on a mobility aid; (w) "Peace Officer" means a person engaged by the Municipality as a Community Peace Officer, a Bylaw Enforcement Officer or a member of the Royal Canadian Mounted Police to carry out the provisions of this Bylaw; Bylaw No. 1365-25 Page 2 of 23 (x) "Person" means a natural person, corporation or partnership, and where the context so requires. Includes the Owner of a vehicle involved in an offence, in accordance with Section 93 of this bylaw. (y) "Provincial Offences Procedures Act" means the Provincial Offences Procedures Act, R.S.A. 2000, Chapter P-35, and the regulations thereunder, as amended or replaced from time to time; (z) "Recreational Vehicle" means a vehicle designed to provide temporary living accommodation for travel, vacation, or recreational use, and to be driven, towed or transported, some examples of which include a motor home, holiday trailer, camper, tent trailer and any bus or truck converted to provide temporary living accommodation; (aa) "Road Use Agreement" means an arrangement entered into with the municipality by a person or company to ensure that the highway or highways utilized by that person or company are protected; (bb) "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 the curb line, or where there is no curb line, the edge of the roadway, and the adjacent property line whether or not it is paved or improved; (ec) "Stray Animals Act" means the Stray Animals Act, R.S.A. 2000, Chapter S-20, as amended or replaced from time to time; (dd) "Traffic Control Device" means any sign, signal, marking or device placed, marked or erected under the authority of the Traffic Safety Act or a Bylaw of the municipality for the purpose of regulating, warning or guiding traffic; (ee) "Traffic Safety Act" means the Traffic Safety Act, R.S.A. 2000, Chapter T-6, and the regulations thereunder, as amended or replaced from time to time; (ff) "Trailer" means a vehicle so designed that it may be attached to or drawn by a motor vehicle or tractor and is intended to transport property or persons; (gg) "Truck Route" means a highway or highways listed in a Road Use Agreement or posted by a sign allowing heavy vehicle traffic; (hh) "Vehicle" has the meaning as defined in the Traffic Safety Act; (ii) "Vehicle Equipment Regulation" means Alberta Regulation 122/2009, as part of the Traffic Safety Act, R.S.A. 2000, C. T-6, as amended or replaced from time to time; (jj) "Violation Ticket" means a violation ticket issued pursuant to the Provincial Offences Procedures Act; Interpretation: 3. Nothing in this Bylaw relieves a person from complying with any requirement of any lawful pennit, order or license. 4. Any heading or sub-headings in this Bylaw are included for guidance purposes and convenience only and shall not form part of this Bylaw. 5. Where this Bylaw refers to another Act, Bylaw, Regulation or Agency, it includes reference to any Act, Bylaw, Regulation or Agency that may amend or be substituted, therefore. 6. All Schedules attached to this Bylaw shall form a part of this Bylaw. Bylaw No. 1365-25 Page 3 of 23 PART 2 - TRAFFIC CONTROL DEVICES 7. The municipal Council shall have the power to prescribe where traffic control devices are to be located, including traffic control devices restricting the speed of vehicles. Pursuant to this section, traffic control devices placed or located by persons under the direction and authority of the municipality, shall be deemed to have been made by Bylaw of the Municipal District ofPincher Creek. A record of the location of all traffic control devices placed pursuant to this bylaw shall be kept, and the record shall be open to public inspection at the municipal office during normal business hours. 8. No person shall post or exhibit or cause to be posted or exhibited any notice, placard, bill or other type of notice whatsoever upon any traffic control device. 9. The municipality may cause temporary traffic control devices to be placed on a highway to indicate 'no parking' for certain periods of time as may be necessary for the purposes of street cleaning, snow removal, maintenance, construction or an event, and when so marked, such traffic control devices shall take precedence over all other trafRc control devices. 10. No person shall climb upon, interfere with, damage, deface, remove, alter or destroy a Traffic Control Device. PART 3 - GENERAL RESTRICTIONS & NUISANCES Vehicle Fluids 11. No person shall drain lubricating oils or any fluids associated with the operation of a vehicle upon a highway. Sidewalk and Highway Obstructions 12. No person shall place, cause to be placed or permit to be placed any earth, sand, gravel, grass, leaves, snow, ice, debris or other materials upon any sidewalk or highway. 13. Wberever sidewalks exist, the owner or occupier of any premise within the municipality adjacent to a sidewalk, shall remove and clear away all snow, ice, dirt or other obstruction from the sidewalk adjacent to such premises within twenty-four (24) hours of such snow, ice, dirt or other obstruction being deposited thereon. 14. No person shall cause or permit any building, structure, fixture, road, tree, shrub, hedge, fence, sign, notice, advertising device, light or other object on property they own or occupy to: (a) cause a drifting or accumulation of snow on a highway that is under direction, control and management of the municipality; (b) damage a highway that is under the direction, control and management of the municipality; (c) create a hazard or obstmction to vehicular or pedestrian traffic on a highway that is under the direction, control and management of the municipality; or (d) obstruct any sidewalk. 15. No person shall place, cause to be placed or permit to be placed, an electrical extension cord across a sidewalk, boulevard or driveway in a manner which, in the opinion of a Peace Officer, may pose a hazard to persons or property. 16. No person shall place a construction garbage bin upon a highway without the authorized, written permission from the municipality. Bylaw No. 1365-25 Page 4 of 23 17. No person shall place, permit to be placed, allow or otherwise engage in the placement of motor vehicles, heavy vehicles, off-highway vehicles, vehicles, trucks, farm implements or any other machinery or other item that blocks or impedes traffic on a highway that is under the control of the municipality. 18. Any person who fails to comply with sections 11, 12,13,14,15,16, or 17 of this bylaw, shall be required to remove the item(s), object(s) or obstmction(s) contributing to the non- compliance within twenty-four (24) hours. (a) after the expiration of the twenty-four (24) hour period, if the item(s), object(s) or obstmction(s) have not been removed as required, the municipality may cause the removal of the item(s), object(s) or obstmction(s); (b) such removal shall be at the expense of the person causing, placing or pennitting the item(s), object(s) or obstructions) on the sidewalk or highway to remain; and (c) any costs incurred by the municipality in carrying out the provisions of this Section is an amount owing to the municipality by the person responsible for the contravention. Pedestrian Obstructions 19. No person shall stand or be in any other position on a highway so as to obstruct the entrance to a building. 20. No person shall stand or be in any other position on a highway so as to obstmct pedestrians or vehicles using the highway. 21. Where a Peace Officer has reasonable grounds to determine that a person is in contravention of Section 19 or 20, the Peace Officer may direct that person to disperse immediately and any person receiving such direction from a Peace Officer shall immediately leave the area. 22. Sections 19 and 20 do not apply to persons participating in or assembled to watch a Parade or Procession for which a permit has been issued pursuant to this Bylaw. Remedyins Obstructions 23. Where an obstruction or unauthorized item of any kind, is located above or upon any sidewalk or highway and creates an unsafe condition, the municipality shall be entitled to immediately take whatever actions or measures necessary to eliminate the unsafe condition. Any costs incurred by the municipality in carrying out such action is an amount owing to the municipality by the person responsible for causing the unsafe condition. 24. The municipality may, at the expense of the person responsible, remove and impound any vehicles, trucks, farm implements, other machinery or other item(s) that block or impede traffic on a highway that is under the control of the municipality, and the costs thereof are an amount owing to the municipality. Tracking Material/jConductins Work on a Highwav 25. No person shall operate or allow to be operated any vehicle on a highway so as to track any earth, sand, gravel or other material on a highway, under the direction, control and management of the municipality, to such a degree where, in the opinion of a Peace Officer, the materials cause damage to a highway or cause a hazard for other users of a highway. 26. For the purposes of Section 25, where it is apparent that the material tracked onto a highway originated from a specific parcel of land, the person owning or occupying the parcel of land where the material originated is deemed to be responsible for the commission of the offence. Bylaw No. 1365-25 Page 5 of 23 27. No person, other than municipal employees or a contractor engaged by the municipality, shall conduct any form of work on a highway that is under direction, control and management of the municipality. 28. For the purposes of Section 27, where it is apparent that the work or equipment used in such work originated from a parcel of land, the owner or occupier of the parcel of land is deemed to be responsible for the commission of the offence. Noise 29. A person who owns, occupies, drives, operates or otherwise controls a motor vehicle, vehicle, heavy vehicle or off-highway vehicle, shall not cause excessive or unnecessary noise due to activities including, but not limited to: (a) racing; (b) excessive engine revving; (c) alterations to or modifications of the manufacturer's mufHer system; (d) stereo amplification; or (e) any other unnecessary activity, in relation to the motor vehicle, vehicle, heavy vehicle or off-highway vehicle. 30. If a motor vehicle, vehicle, heavy vehicle or off-highway vehicle is involved in an offence referred to in Section 29, the registered owner of such motor vehicle, vehicle, heavy vehicle or off-highway vehicle is guilty of an offence. 31. Whether or not such noise is excessive and unreasonably interferes with a person's peaceful enjoyment of his property is a question of fact to be determined by a Court hearing a prosecution pursuant to Section 29 or 30 of this Bylaw. Unprotected Fire Hoses 32. Where an unprotected hose has been laid down on a highway, no person shall drive a vehicle over such hose unless an official of the Fire Service at the scene has specifically allowed the driver to do so. PART 4 - PARKING RESTRICTIONS Temporary Parking Restrictions 33. When the municipality has placed temporary traffic control devices on a highway: (a) no person shall park, or permit to be parked, any heavy vehicle, motor vehicle or vehicle on a highway from the time a temporary traffic control device or devices have been placed, until such traffic control device or devices have been removed; (b) if the motor vehicle, heavy vehicle or vehicle was parked on the highway prior to the placement of the temporary traffic control devices, no person shall leave that motor vehicle, heavy vehicle or vehicle parked or permit that vehicle to remain parked on the highway after the expiration oftwenty-four (24) hours from the time the traffic control device or devices have been placed. 34. Motor vehicles, heavy vehicles or vehicles parked or left in contravention of a temporary traffic control device may be towed and impounded. All costs for towing and storage are the Bylaw No. 1365-25 Page 6 of 23 responsibility of the owner of the motor vehicle, heavy vehicle or vehicle and are an amount owing to the tow company that removed the motor vehicle, heavy vehicle or vehicle. General Parking Restrictions 35. No person shall park, or permit to be parked, a motor vehicle, heavy vehicle or vehicle on a highway, contrary to a traffic control device. 36. No person shall park or stand a motor vehicle, heavy vehicle or vehicle or permit such motor vehicle, heavy vehicle or vehicle to remain parked in such a manner as to interfere with the proper operation of any vehicle used by the Fire Department or the municipality or of any other emergency vehicle. 37. No person shall stop or park or permit the stopping or parking of a motor vehicle, heavy vehicle or vehicle in a marked fire lane. 38. No person shall stop or park or permit the stopping or parking of a motor vehicle, heavy vehicle or vehicle in a manner where the motor vehicle, heavy vehicle or vehicle may interfere with the use of a doorway marked, on the exterior of a building, as a fire or emergency exit. 39. No person shall park a motor vehicle, heavy vehicle or vehicle in an alley, except when actively loading or unloading goods or passengers from the motor vehicle, heavy vehicle or vehicle. 40. No person shall park or stand any motor vehicle, heavy vehicle or vehicle on any highway in such a manner as to obstmct the passage of other vehicles. 41. Except in the case of an emergency, no person shall park or stand any motor vehicle, heavy vehicle or vehicle on a highway for the purposes of servicing or repairing the vehicle. 42. No person shall park or stand any motor vehicle, heavy vehicle or vehicle on a highway for the purpose of washing the motor vehicle, heavy vehicle or vehicle. Trailer Parking 43. No person shall park any trailer on a highway unless the trailer is attached to a motor vehicle, heavy vehicle or vehicle by which it may be propelled or drawn. When so attached, the trailer will be deemed to be part of the towing vehicle and subject to any regulations pertaining to the motor vehicle, heavy vehicle or vehicle. Parking Stalls for Persons with Disabilities 44. No person shall park a motor vehicle, heavy vehicle or vehicle in a parking space, or any part thereof, on any highway or on any private or public property that is marked or designated by a Traffic Control Device indicating that the parking space is for the usage of a person with disabilities, unless (a) the motor vehicle, heavy vehicle or vehicle displays a valid handicap placard or licence plate issued by, or recognized in reciprocity by the Province of Alberta; and (b) the motor vehicle, heavy vehicle or vehicle is operated by, or being used to transport, a person with a disability. PARTS - RECREATIONAL VEHICLES Recreational Vehicle Parking 45. A recreational vehicle parked on a highway must be attached to a motor vehicle, heavy vehicle or vehicle by which it may be drawn. When so attached, the trailer will be deemed to be part of the towing vehicle and subject to any regulations pertaining to the vehicle. Bylaw No. 1365-25 Page 7 of 23 46. No person shall park an unattached recreational vehicle on a highway. 47. No person shall park a recreational vehicle on a highway unless it is parked in a location completely adjoining the recreational vehicle owner's residence as shown in the records of the Motor Vehicle Registry and then only between May 1 and October 15. 48. A recreational vehicle: (a) shall not be parked on a highway for more than 72 consecutive hours; and (b) shall be removed to an off-highway location for at least 48 consecutive hours before it may be parked again on a highway. Occupying, Camping or Residing in Recreational Vehicles 49. No person shall occupy a recreational vehicle as a temporary or permanent place, living abode or sleeping place when parked on a highway, ditch, developed or undeveloped road allowance, other location along or adjacent to a highway right of way, or other public place other than in an approved campground facility. PART 6 - OFF HIGHWAY VEHICLES 50. No person shall operate an off-highway vehicle on a highway, that is under the direction, control and management of the municipality. 51. Notwithstanding Section 50, Off-Highway vehicles may be operated on a highway, that is under the direction, control and management of the municipality when: (a) the off-highway vehicle is being utilized for an agricultural-related task or function; (b) the off-highway vehicle is being utilized for snow removal; or (c) the use of the off-highway vehicle has been otherwise authorized by the municipality through the issuance of a special permit. 52. All off-highway vehicles that are operated on a highway pursuant to Section 51 shall be registered and insured pursuant to the provisions of the Traffic Safety Act. PART 7 - TRUCKS AND COMMERCIAL VEHICLES Heavy Vehicle Parking 53. No person may park a heavy vehicle in a hamlet, except: (a) commercial vehicles with hazard warning lamps flashing and in the process ofloading or unloading goods; or (b) construction equipment being used during construction or improvement of property, provided that the equipment is parked adjacent to the property where the work is being done. Trucks and Truck Routes 54. No person shall operate or park a heavy vehicle on any highway within the municipality where signs have been erected indicating that heavy vehicle or other truck traffic is prohibited. 55. Notwithstanding section 54, the following heavy vehicles are authorized to operate on non­ truck routes: Bylaw No. 1365-25 Page 8 of23 (a) heavy vehicles loading and unloading at destinations within the municipality, using the shortest distance from and to a tmck route; (b) emergency vehicles; (c) utility vehicles being operated for the purpose of installing, servicing or repairing public utilities; (d) municipal vehicles being operated for purposes of providing municipal services; (e) school buses; (f) public passenger buses being operated for the purpose of receiving or delivering passengers; and (g) light tmck and trailer combination such as a tmck and horse or stock trailer. Commercial Vehicle Trailer Parking 56. No person shall park any commercial vehicle trailer on a highway unless the trailer is attached to a vehicle by which it may be propelled or drawn. When so attached, the trailer will be deemed to be part of the vehicle it is attached to for the purposes of this Bylaw. 57. No person, except with permission of the municipality, shall operate or park upon or over any paved or graveled highway, any vehicle or tract equipment having metal cleats, metal tracks, or other metal devices attached to its wheels or made a part thereof that causes damage to a highway. PART 8 - ROAD ALLOWANCES Prohibitions 58. No person shall develop, irrigate, or otherwise utilize or use any developed or undeveloped municipal road allowance. 59. No person shall farm or otherwise use for an agricultural purpose, a developed or undeveloped road allowance. 60. No person shall allow, place or permit to be placed any type of fencing, electric fencing, corrals or other types of barriers on a developed or undeveloped road allowance without a valid and subsisting Temporary Road Allowance Permit. Temporary Road AllQwance^^ 61. Requests for Temporary Road Allowance Pemiits shall be addressed to the CAO or designate, utilizing the form found in Schedule 'B' of this Bylaw. 62. Approved Temporary Road Allowance Permits shall include the following: (a) name of applicant; (b) location of developed or undeveloped road allowance where grazing permission is approved; (c) date of approval; (d) date identifying when livestock may be placed / must be removed from a developed or undeveloped road allowance; Bylaw No. 1365-25 Page 9 of 23 (e) a map showing the gates, fence, sign and split use with adjacent landowner (if applicable); (f) any other requirements the CAO or designate deems appropriate and reasonable. 63. All persons who are granted a Temporary Road Allowance Permit are required to install and maintain a public access sign at the gate location to aid the public in identifying and accessing a development or undeveloped road allowance. The following requirements must be satisfied; (a) The sign must be obtained from the MD ofPincher Creek Office for a fee; (b) The Temporary Road Allowance Permit holder is responsible for installing and maintaining the sign in good condition; (c) Signs must be replaced or repaired within 14 days of becoming damaged, missing or illegible. 64. All persons who are granted a Temporary Road Allowance Permit shall comply with the provisions and conditions set out in the Permit found in Schedule 'C' of this Bylaw. 65. Temporary Road Allowance Permits may be cancelled, at the discretion of the CAO or designate, at any time where the person who was granted the Temporary Road Allowance Permit is found in contravention of the provisions and conditions set out in the Permit. 66. Any person who has had an application for a Temporary Road Allowance Permit denied or who has had a Temporary Road Allowance Pennit cancelled may appeal such decisions, in writing, to the Enforcement Services Appeal Board within fourteen (14) days from the date the application was either denied or cancelled. 67. The written request for appeal submitted pursuant to Section 66 must contain: (a) the name of the person who applied for the Temporary Road Allowance Permit or the name of the person who had a Temporary Road Allowance Pen-nit cancelled; (b) the location of the developed or undeveloped road allowance in question; (c) a daytime phone number at which the appellant may be reached; and (d) a mailing or email address to which documents in relation to the appeal may be delivered. 68. The decision of the Enforcement Services Appeal Board is final. Fencine Reguirements^nd Restrictions 69. Livestock placed on a developed or undeveloped road allowance, pursuant to a Temporary Road Allowance Pennit, shall be secured by an electric fence. 70. In the case that a gate is required on either side of the developed or undeveloped road allowance, pursuant to a Temporary Road Allowance Permit, the gate shall always remain unlocked. 71. Fencing stmchires, including but not limited to wood posts and wire, board fence, chain link or temporary corrals, are prohibited on a developed or undeveloped road allowance. Enforcement Operations for Unauthorized Livestock, Farming or Other Agricultural Activity on Road Allowances 72. Where a Peace Officer believes that a person has contravened any provision found in Part 8 of this Bylaw, the Peace Officer may issue a Municipal Order, as shown in Schedule 'D' of this Bylaw, to the person responsible for the contravention. 73. Municipal Orders issued pursuant to Section 72 may: Bylaw No. 1365-25 Page 10 of 23 (a) State the date(s) and location(s) where the contravention(s) was observed; (b) Direct a person to take any action or measures necessary to remedy the contravention and to prevent a re-occurrence of the contravention, including direction for the road allowance to be re-seeded back, to perennial vegetation, as approved by the municipality, at the sole cost of the person(s) responsible for the contravention(s); (c) State a date and time within which the person must comply with the Municipal Order; (d) State that if the person does not comply with the direction within the specified time, the municipality shall: (i) issue appropriate violation tickets; (ii) take whatever action or measure is required to remedy the contravention(s); (iii) issue an invoice to the person responsible for the contravention(s) requiring payment to the municipality to cover the costs associated to the action or measure implemented by the municipality to remedy the contravention(s); and (iv) in the event that an invoice issued pursuant to Section 73(d)(iii) is not paid by the due date, initiate any lawful action that allows the municipality to seek compensation through civil litigation, orders of restitution or other any other court-imposed Order. 74. A person who is issued a Mzmicipal Order shall comply with the provisions and conditions set out in the Order. 75. Municipal Orders may be served: (a) personally to the person(s) responsible for the contravention; or (b) where personal service of the Order cannot reasonably be effected or where a Peace OfRcer believes the responsible person(s) are evading service, the Order may be served by posting it in a conspicuous location on the affected road allowance and then sending a copy of the Order to the person(s) responsible via single registered mail. 76. A Municipal Order is deemed to have been served: (a) immediately, when served personally; or (b) three (3) days from the date the Municipal Order is posted on the road allowance with a copy sent by single registered mail 77. Any person who has been issued a Municipal Order may appeal such Order, in writing, to the Enforcement Services Appeal Board within fourteen (14) days from the Order was served. 78. The written request for appeal submitted pursuant to Section 77 must contain: (a) the name of the person who received the Municipal Order; (b) the location of the developed or undeveloped road allowance in question; (c) a daytime phone number at which the appellant may be reached; and (d) a mailing or email address to which documents in relation to the appeal may be delivered. 79. The decision of the Enforcement Services Appeal Board is final. Bylaw No. 1365-25 Page 11 of 23 80. Should livestock be placed or found to be placed on a developed or undeveloped road allowance without an approved Temporary Road Allowance Permit, the municipality may: (a) capture and confine livestock trespassing on municipal property, should reasonable efforts to identify the owner(s) or person(s) responsible for placing the livestock on the road allowance not be successful; or (b) capture and confine livestock immediately, should the owner(s) or person(s) responsible for placing the livestock on the road allowance not remove the livestock by the date and time specified in a Municipal Order issued pursuant to Section 72. 81. All livestock captured or confined pursuant to Section 80, shall be dealt with in accordance with the provisions of the Stray Animals Act. 82. Should unauthorized farming or other agriculhiral activity occur on a developed or undeveloped road allowance without an approved Temporary Road Allowance Permit, the municipality may: (a) seize and remove all equipment, crops and/or other agricultural development from the developed or undeveloped road allowance if the person(s) responsible fails to comply with a Municipal Order issued pursuant to Section 72. Pre-Existins Livestock or Other Aericultural Activity on Road Allowances 83. In cases where the presence of livestock or other agricultural activities exist on developed or undeveloped road allowances, without the written permission of the municipality and prior to the adoption of this Bylaw, the person(s) responsible for any activities regulated by Part 8 of this Bylaw shall: (a) make application for a Temporary Road Allowance Permit to the municipality pursuant to Section 72. PART 9- EXEMPTIONS 84. The following are exempted from the provisions of this Bylaw: (a) Peace Officers in the course of their duties relating to public safety, prevention, education and enforcement; (b) Peace Officers, members of Fire Services, members of Emergency Medical Services, members of Emergency Management Services, members of Search and Rescue Services or any other person acting under the authority of one of the aforementioned sendces, while in the performance of their official duties in response to an emergency; (c) motor vehicles, heavy vehicles or vehicles operated by or on behalf of the municipality responsible for maintenance or other required services including but not limited to: snow removal, mowing, surveying, road maintenance or repair, trail maintenance or repair, gravel hauling, garbage collection, weed spraying, public utility servicing or any other activity approved or authorized by the municipality. PART 10 - PEACE OFFICER AUTHORITIES Chalkins Tires 85. In order to determine the time period over which a motor vehicle, heavy vehicle or vehicle has been parked in a location, a Peace Officer may place an erasable chalk mark on the tread face of the tire of a parked motor vehicle, heavy vehicle or vehicle or use any other Bylaw No. 1365-25 Page 12 of 23 reasonable method capable of determining the time period over which a vehicle has been parked, without the Peace Officer or the municipality incurring any liability relating thereto. 86. No person shall remove an erasable chalk mark placed on a motor vehicle, heavy vehicle or vehicle pursuant to Section 85 while the vehicle remains parked in the same location where the chalk mark was placed. Removal of Vehicles 87. A Peace Officer may remove, cause to be removed or impound any motor vehicle, heavy vehicle, vehicle or trailer: (a) parked in contravention of the provisions of this Bylaw; or (b) that contributes, in the Peace Officer's opinion, to an unsafe or emergency situation. 88. Any motor vehicle, heavy vehicle or vehicle removed and impounded pursuant to Section 87 may be released to its owner upon payment of any costs imposed for towing and storage to the tow company. 89. All charges for removal and storage of a motor vehicle, heavy vehicle or vehicle shall be in addition to any fine or penalty that may be imposed with respect to any violation of this Bylaw. 90. Where a motor vehicle, heavy vehicle or vehicle is impounded pursuant to Section 87 and is not claimed within thirty (30) days of its removal, the vehicle may be disposed of in accordance with the provisions of the Traffic Safety Act and the regulations thereunder. PART 11 - OFFENCES AND PENALTIES Offences and General Penalty Provisions 91. Any person who contravenes or fails to comply with the provisions of this Bylaw is guilty of an offence. 92. Any person who is convicted of an offence pursuant to this Bylaw is liable on summary conviction to a fine not exceeding ten thousand dollars ($10, 000.00) and in default of payment of any fine imposed, to imprisonment for not more than one (1) year. Owner Liable 93. The owner of a motor vehicle, heavy vehicle, vehicle or off-highway vehicle involved in an offence under this bylaw may be deemed to be the person responsible for the offence and may be issued a violation ticket in relation to the offence. Violation Tickets and Penalties 94. Where a Peace Officer believes that a person has contravened any provision of this Bylaw, he may commence proceedings by issuing a violation ticket in accordance with the Provincial Offences Procedures Act. 95. The specified penalty payable in respect of a contravention of any provision of this Bylaw is the amount shown in Schedule 'A' of this Bylaw in respect of that provision. 96. The minimum penalty payable in respect of a contravention of a provision of this Bylaw is the amount shown in Schedule 'A' of this Bylaw in respect of that provision. Bylaw No. 1365-25 Page 13 of 23 97. Notwithstanding Section 95: (a) where any person has been in contravention of the same provision of this Bylaw twice within one (1) twelve (12) month period, the specified penalty payable in respect of the second offence is double the amount shown in Schedule 'A' of this Bylaw in respect of that provision; and (b) where any person has been in contravention of the same provision of this Bylaw three (3) or more times within one (1) twelve (12) month period, the specified penalty payable in respect of the third or subsequent offence is triple the amount shown in Schedule 'A' of this Bylaw in respect of that provision. 98. Notwithstanding Section 96: (a) where any person has been in contravention of the same provision of this Bylaw twice within one (1) twelve (12) month period, the minimum penalty payable in respect of the second offence is double the amount shown in Schedule 'A' of this Bylaw in respect of that provision; and (b) where any person has been in contravention of the same provision of this Bylaw three (3) or more times within one (1) twelve (12) month period, the minimum penalty payable in respect of the third or subsequent offence is triple the amount shown in Schedule 'A' of this Bylaw in respect of that provision. Continuing Offences 99. 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. Mandatory Court or Information 100. No provision of this Bylaw shall prevent any Peace Officer from issuing a violation ticket requiring the court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedures Act, or from laying an information instead of issuing a violation ticket. PART 12 - MISCELLANEOUS PROVISIONS Liability for Fees 101. 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. Certified Copy of Records 102. A copy of a record of the municipality, certified by the person duly appointed as the Designated Officer for the same as a tme copy of the original, shall be admitted in evidence as prima facie proof of the facts stated in the record without proof of the appointment or signature of the person signing it. Other Provisions 103. Schedules 'A' and 'B\ 'C' and 'D', as attached, form a part of this Bylaw. 104. It is the intention of the Council of the municipality that each section of this Bylaw should be considered as being separate and severable from all other sections. Should any section or part be found invalid by a court of competent jurisdiction, it is intended that the invalid section or part shall be severable, and the remainder of the Bylaw will remain in effect. Bylaw No. 1365-25 Page 14 of 23 105. It is the intention of the Council of the municipality that all offences created pursuant to this Bylaw be constmed and considered as being Strict Liability Offences. 106. This Bylaw shall come into full force and effect upon the date of the third and final reading. Read a first time this 25th of September, 2025. Read a second time this 12th of May, 2026. Read a third time this 12th of May, 2026. Reeve .X Chief Administrative Officer Bylaw No. 1365-25 Page 15 of 23 SCHEDULE 'A' PENALTIES FOR OFFENCES SECTION 8 10 11 12 13 14(a) 14(b) 14(c) 14(d) 15 16 17 18 19 20 21 25 27 OFFENCE DESCRIPTION Post / exhibit / cause to be posted / cause to be exhibited any notice / placard / bill on a traffic control device Climb upon / interfere with / damage / deface / remove / alter / destroy a traffic control device Drain lubricating oils / fluids upon a highway Place / cause to be place / permit to be placed earth / sand / gravel / grass / leaves / snow / ice / debris / other materials upon any sidewalk / highway Fail to remove / clear snow / ice / dirt / other obstruction from sidewalk within 24 hours Cause / permit any building / stmcture / fixture / road / tree / shrub / hedge / fence / sign / notice / advertising device / light / other object to cause a drifting or accumulation of snow on a highway Cause / permit any building / structure / fixture / road / tree / shrub / hedge / fence / sign / notice / advertising device / light / other object to damage a highway Cause / permit any building / structure / fixture / road / tree / shrub / hedge / fence / sign / notice / advertising device / light / other object to create a hazard / obstruction on highway Cause / permit any building / structure / fixture / road / tree / shrub / hedge / fence / sign / notice / advertising device / light / other object to obstmct a sidewalk Place / cause to be placed / permit to be placed an extension cord across sidewalk / boulevard Place construction bin upon highway without authorization Place / permit to be placed / allow / engage in placement of motor vehicles / heavy vehicles / off-highway vehicles / vehicles / tmcks / farm implements / other machinery / other item that blocks / impedes traffic on a highway Fail to remove item / object / obstmction within 24 hours Obstmct entrance to a building Obstmct pedestrians / vehicles on a highway Fail to disperse at direction of Peace Officer Track earth / sand / gravel / other material onto highway causing damage / hazard Conduct unauthorized work on a highway MINIMUM PENALTY 75.00 100.00 50.00 125.00 125.00 75.00 75.00 75.00 75.00 75.00 75.00 1000.00 250.00 125.00 125.00 250.00 125.00 250.00 SPECIFIED PENALTY 150.00 200.00 100.00 250.00 250.00 150.00 150.00 150.00 150.00 150.00 150.00 2000.00 500.00 250.00 250.00 500.00 250.00 500.00 Bylaw No. 1365-25 Pagel6of23 SECTION 29 32 33(a) 33(b) 35 36 37 38 39 40 41 42 43 44 46 47 48(a) 48(b) 49 50 53 54 56 57 58 59 60 64 69 OFFENCE DESCRIPTION Owner / occupant / driver / operator / person in control of motor vehicle / heavy vehicle / vehicle / OHV cause excessive noise Drive over unprotected fire hose Park where prohibited by temporary traffic control device Fail to remove vehicle within 24 hours of placement of temporary traffic control device Park where prohibited by traffic control device Park in manner that interferes with fire department vehicle / municipal vehicle / other emergency vehicle Stop / park in marked fire lane Stop / park motor vehicle / heavy vehicle / vehicle blocking fire / emergency exit on a building Park motor vehicle / heavy vehicle / vehicle in alley Park motor vehicle / heavy vehicle / vehicle on highway obstructing other vehicles Park motor vehicle / heavy vehicle / vehicle on highway for servicing / repair of vehicle Wash motor vehicle / heavy vehicle / vehicle while parked on highway Park unattached trailer on highway Unauthorized parking in space / location identified for persons with disabilities Park unattached recreational vehicle on highway Park recreational vehicle in unauthorized location on highway Park recreational vehicle on highway more than 72 hours Fail to remove recreational vehicle from highway for 48 hours Occupy recreational vehicle parked on / along highway / ditch / road allowance / other location Operate off-highway vehicle on highway when unauthorized Improperly park heavy vehicle in a hamlet Operate / park heavy vehicle on non-truck route Unattached commercial vehicle trailer on highway Metal cleats / tracks / other metal devices on highway cause damage Develop / irrigate / otherwise utilize or use road allowance Farm / cultivate road allowance without permit Place / allow to be placed / permit to be placed fencing / corrals / barriers on road allowance without permit Fail to comply with conditions of Temporary Road Allowance Permit Improper fencing on road allowance MINIMUM PENALTY 300.00 125.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 125.00 50.00 50.00 50.00 50.00 100.00 100.00 100.00 100.00 50.00 125.00 375.00 375.00 375.00 375.00 375.00 SPECIFIED PENALTY 600.00 250.00 75.00 75.00 75.00 100.00 100.00 100.00 75.00 75.00 75.00 75.00 100.00 250.00 100.00 100.00 100.00 100.00 200.00 200.00 200.00 200.00 100.00 250.00 750.00 750.00 750.00 750.00 750.00 Bylaw No. 1365-25 Page 17 of 23 SECTION 70 71 74 85 OFFENCE DESCRIPTION Improper / locked gate on road allowance Prohibited fencing structure Fail to comply with Municipal Order Impacting between 0.1-5 acres Impacting between 5.1-10 acres Impacting between 10.1-15 acres Impacting greater than 15 acres Remove / deface / alter chalk mark on tire MINIMUM PENALTY 375.00 375.00 1000.00 2000.00 3000.00 4000.00 250.00 SPECIFIED PENALTY 750.00 750.00 2000.00 4000.00 6000.00 8000.00 500.00 Bylaw No. 13 65-25 Pagel8of23 SCHEDULE 'B' TEMPORARY ROAD ALLOWANCE PERMIT - APPLICATION Application Type: d Livestock Grazing Date: YYYY-MM-DD APPLICANT INFORMATION Name: Address: Phone #: Email: ROAD ALLOWANCE LOCATION Legal Land Description: Other Location Description: CONSENT OF ADJOINING OWNER OR OCCUPANT I/We hereby consent to grantmg of a permit to to occupy the above described road allowance. Date Submitted: Signature: PROPOSED USE OF ROAD ALLOWANCE Description: (include intended use, type and number of livestock, type and size of proposed fencing, type other agricultural use, use of temporary corrals for unloading/loading, proposed start and end dates etc.) Date submitted: Applicant Signature: INTERNAL USE ONLY Date submission reviewed: Reviewed by: Approved: a Denied: a Conditions / Directions: This personal information is being collected under the authority of the MD ofPincher Creek No. 9 as it directly relates to and is necessary for operating a program or activity of the MD. This collection is authorized by section 4 of the Protection and Privacy Act. For questions about the collection of personal information, contact the Privacy Officer at 403-627-3] 30, MD Box 279, Pincher Creek, Alberta TOK 1 WO / 1037 Herron Ave /P 403627-3130 / F 403-627-5070 / [email protected]. Bylaw No. 1365-25 Page 19 of 23 SCHEDULE '€' TEMPORARY ROAD ALLOWANCE PERMIT Between the Municipal District ofPincher Creek No. 9 (the Grantor) and (the Grantee). In consideration of the receipt of a license fee as established per half mile or portion thereof, as per Policy C-FFN-529-Fees and Charges and subject to the terms and conditions stated below, the Grantor hereby grants a Temporary Road Allowance Permit to the Grantee on the following described road allowance(s): _for agricultural purposes (e.g. livestock grazing). Terms and Conditions: 1. The Grantee hereby indemnifies and holds harmless the Grantor from any and all claims or causes of action, including personal injury, death, or property damage brought by the Grantee or his/her agent that may arise or result from or in connection with the Grantee's use of the leased land under this license. Without restricting the generality of the foregoing, the Grantee indemnifies and holds harmless the Grantor from any and all claims that may arise as a result of use of the leased land by the Grantee for grazing of livestock. 2. The Grantee shall obtain general public liability insurance of not less than two million ($2,000,000) dollars for claims brought as a result of personal injury, death, or property damage, occasioned as a result of the use of the road allowance by third parties, provided that such use was authorized by the Grantee and occasioned by or in connection with actions or responsibilities, including the grazing of livestock, of the Grantee. The Grantee shall add the MD ofPincher Creek as an additional insured, and provide this with the permit. 3. The Grantee shall be responsible to monitor the described road allowance for obstructions and to promptly remove the obstruction. If unable to remove the obstruction, the Grantee shall notify the MD ofPincher Creek to assist with removal. 4. The Grantee shall be responsible for managing and control of noxious and other weeds on the described road allowance caused by or in connection with the Grantee's use of the described road allowance. 5. The Grantee shall be responsible for prevention and repair of any erosion to soil or waterways caused by or in connection with the Grantee's use of the described road allowance. 6. The Grantee may erect and maintain fences or other stmctures reasonably required in connection with their use of the described road allowance under this license, provided that such fences or structures shall not unreasonably impede or prevent legal access by the public and are approved in advance. 7. The Grantee shall not prohibit or unreasonably restrict public access and passage over the road allowance but may from time to time impose conditions or restrictions on access and use where such conditions are temporary in nature and reasonably necessary or appropriate to the Grantee's operations and responsibilities under this agreement. The Grantee may install a sign to indicate to the public conditions of access. 8. Your new Temporary Road Allowance Permit will remain in effect, provided that applicable fees are paid, as well as providing notice to the MD ofPincher Creek when Bylaw No. 1365-25 Page 20 of 23 circumstances change with respect to the Temporary Road Allowance Permit (i.e. change of ownership of either the Grantee or the consenting adjacent landowner, no longer require the use of the road allowance, etc.). 9. This license may be revoked or terminated for cause by the Grantor upon thirty (30) day's written notice to the Grantee, and the Grantee shall immediately cease using and remove any livestock from the road allowance, and this agreement shall be terminated. The Grantee shall have no claim in connection with rightful termination by the Grantor under this section. Grantee Grantee Municipal District ofPincher Creek No. 9 Bylaw No. 1365-25 Page 21 of 23 SCHEDULE 'D' 9 MUNICIPAL ORDER ND Pincher Creek Enforcement Services Box 279,1037 Herron Avenue Pincher Creek, AB TOK1WO 403-627-3130 Date Name Address Method YYYY MM of Service DD Delivered Personally Time City/Town/Village D Posted on Road File Number Province I Postal Code Allowance & Copy Sent via Registered Mail TAKE NOTICE THAT Upon completion of an inspection conducted on undeveloped road allowance located at it has been discovered that a developed / _, is being utilized contrary to the provisions of the Traffic Bylaw #1365-25. You have been identified as the person(s) responsible for the unauthorized use of the above described developed / undeveloped road allowance. Description of unauthorized use of developed / undeveloped road allowance: You are hereby ordered to remedy the condition of the above road allowance by taking the following corrective action(s): Corrective Action(s) 1. 2. 3. 4. 5. Deadline/ Completion Date You must take all necessary measures to prevent any of the above listed contraventions from reoccurring Officer's Signature Officer's Name Reg. # Phone# 1. If the required actions are not completed within the time specified, the Municipality shall: (a) issue appropriate violation ticket(s); (b) complete the corrective action(s) and invoice you for the costs associated to completing the work; and (c) if invoice(s) issued are not paid by due date, the municipality shall initiate lawful action(s) to seek financial compensation via Civil Court proceedings, requesting Orders of Restitution or through any other Court-imposed Order. 2. Every person who fails to comply with a Municipal Order commits an offence. 3. A person to whom a Municipal Order is issued may appeal the Order by filing an appeal within fourteen (14) days of service of a Municipal Order (see reverse for details) Procedure for requesting a review of a Municipal Order Pursuant to Section 77 of the Traffic Bylaw #1365-25, a person who receives a Municipal Order may, by written notice, request a review of the Order, within fourteen (14) days of the Order being served upon them. Bylaw No. 1365-25 Page 22 of 23 Requests for review of a Municipal Order Enforcement Services Appeal Board Box 279 1037 Herron Avenue Pincher Creek, AB TOK1WO Offences for non-compliance: Pursuant to Section 74 of the Traffic Bylaw # 1365-25, a person who contravenes or does not comply with a Municipal Order is guilty of an offence and liable to prosecution. The fine for failing to comply with a Municipal Order is $2000.00 Additional consequences for non-conyiliancei Pursuant to Section 73 of the Traffic Bylaw #1365-25, if a person fails or refuses to comply with a Municipal Order, the Municipality may take whatever action or measures necessary to correct the contravention(s) or to prevent the reoccurrence of the contravention(s). All expenses and any costs of any such actions or measures will be an amount owing to the Municipality. You will be invoiced for all expenses and costs taken by the Municipality to remedy the contravention(s). Should an invoice issued pursuant to Section 73 of the Traffic Bylaw #1 365-25 not be paid by the due date, the Municipality shall initiate any lawful action that allows the Municipality to seek compensation through: - Civil litigation; - Requesting Orders of Restitution; and/or - Requesting compensation through any other court-imposed Order. Additional Information: Nothing contained within this Order shall be interpreted as limiting the Municipality from pursuing any other action allowed by a Statute of the Province of Alberta or a Bylaw of the Municipality. Bylaw No. 1365-25 Page 23 of 23