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