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BYLAW NO 05-10
OF THE VILLAGE OF MYRNAM
BEING A BYLAW OF THE VILLAGE OF MYRNAM TO ESTABLISH
REGULATIONS FOR THE
CONTROL AND OPERATION OF SNOW
VEHICLES AND OFF HIGHWAY VEHICLES WITHIN THE VILLAGE OF
MYRNAM.
WHEREAS the Municipal Government Act, R.S.A. 2000, C M-26 and
amendments thereto allows a municipality to pass bylaws and delegate authority
with respect to streets under its direction, control and management and
transportation thereon; and
WHEREAS pursuant to the provisions of Section 18(1) of the Off-Highway Vehicle
Act, being Chapter 0-4, Revised Statutes of Alberta, 1980 and amendments thereto,
no person shall operate an Off-Highway vehicle on any portion of a Highway except
as provided by the said Act;
AND WHEREAS pursuant to the provisions of Section 18(2)(b) of the Off-Highway
Vehicle Act, the Council of a Municipality is authorized (with respect to Highways
under its direction, control and management) to authorize persons to operate Off-
Highway Vehicles on any portion of any such Highway or class of Highway and to
restrict the hours during which that operation may take place;
WHEREAS under the authority of the Traffic Safety Act, RSA 2000, Chapter T-6
and amendments thereto, Town Council deems it necessary to regulate and
control the operation of snow vehicles and all terrain vehicles within the Town
Corporate Limits; and
WHEREAS it is Councils intention to allow the owner of a snow vehicle or an all
terrain vehicle access to trails and the lake outside the Town limit and services
within the Town limits; and
WHEREAS the purpose of the bylaw is to permit residents to travel by snow
vehicle or all terrain vehicle using the most direct route from their place of
residence or storage to appropriately marked permitted areas of legal operation.
Now therefore the Municipal Council of the VILLAGE OF MYRNAM duly
assembled enacts as follows:
IN THIS BYLAW:
1.
The following definitions apply:
a) "All Terrain Vehicle" means any motorized off-highway vehicle traveling
on three or more low pressure tires and having a seat designed to be
straddled by an operator, having the specifications prescribed by the Off-
Highway Vehicle Act Regulations.
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b) "Amphibious Vehicle" means a wheeled or tracked motor vehicle
designed for travel primarily on unprepared surfaces such as open
country and marshland, but does not include a snow vehicle, implement of
husbandry or construction machinery.
c) "Village" means the Village of Myrnam.
d) "Highway" means - Highway 881 and those roadways, travel ways, and
alley ways located within the Village.
e) "Motorcycle and minibike" means a motorized off-highway vehicle
mounted on two wheels and having a seat designed to be straddled by an
operator, and includes those motor vehicles known to the trade as
motorcycles, scooters and power bicycles, having specifications as
prescribed by the Off-Highway Vehicle Act Regulations.
f) "Off-Highway Vehicle" means any motorized vehicle designated for
cross-country travel on land, water, snow, ice, marsh or swamp land or on
other natural terrain and, without limiting the generality of the foregoing,
includes when designated for such travel:
i) Motorcycles and Minibikes
ii) Snow Vehicles
iii) All Terrain Vehicles
g) but does not include Motorboats and Amphibious Vehicles.
h) "Qualified Person" means a person who is the holder of a valid
subsisting operator's license as prescribed by the Motor Vehicle
Administration Act, R.S.A. 1980, Chapter M-22.
i) "Safety Helmet" means a safety helmet as prescribed in the Highway
Traffic Act Regulations.
j) "Snow Vehicle" means a motorized off-highway vehicle specifically
designed for travel mounted and propelled on one or more tracks and
having a seat designed to be straddled by an operator, and intended to
be driven exclusively or chiefly on snow or ice or both.
1. Any Qualified Person may operate an Off-Highway Vehicle on a Highway as
defined in this Bylaw subject to the following conditions:
a) The hours of operating an Off-Highway Vehicle within the Village
limits shall be restricted to the period of time between 8:00 am and
10:00 pm on any day.
b) The maximum speed at which Off-Highway Vehicles are permitted to
travel on Highway 881 is 30 kilometres per hour. On all other roads,
alleys and travel ways within the municipality the maximum speed
shall be restricted to 20 kilometres per hour.
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c) Operators of Off-Highway Vehicles on a Highway 881 and all other
village roads shall travel on the extreme right-hand side of the road
and shall travel single file at all times.
d) All Off-Highway Vehicles traveling on a Highway 881 shall be
equipped with at least one headlight and one tail light , and the
headlight and tail light shall be alight at all times during which the Off-
Highway Vehicle is traveling on a Highway 881.
e) Operators of Off-Highway Vehicles shall use the Highways, laneways
or back alleys only to proceed to and from the Operator's own
property to or from a specific destination by the most direct route, and
shall not use these routes as a recreational area or generally for
recreational use.
f) The operation of any Off-Highway Vehicle on any posted recreation
ground within the Village of Myrnam is prohibited.
g) Notwithstanding anything herein contain, no person shall operate an
Off-Highway Vehicle on any Highway or Village road, alley or
travelway where signs posted by the Village of Myrnam prohibit the
operation of Off-Highway Vehicles on such routes.
2. Notwithstanding anything herein contained, the provisions of the Off-
Highway Vehicle Act and the Highway Traffic Act shall apply to the
operation of Off-Highway Vehicles on Highways.
3. No person shall operate an Off-Highway Vehicle on a Highway as defined in
this Bylaw with the exception of the following:
a) A qualified person
b) A person fourteen (14) years of age or older who holds a valid
Learner's License issued in accordance with the provisions of the
Motor Vehicle Act, 1980 R.S.A., Chapter M-22 when such person
while operating an Off-Highway Vehicle is accompanied by a
qualified person at least eighteen (18) years of age who holds a valid
subsisting operator's licence and who is seated immediately beside
the person on the Off-Highway Vehicle or travelling in close
proximaty and is engaged in teaching the person to drive the Off-
Highway Vehicle.
4. The Council of the Village of Myrnam may waive any of the provisions
contained in this Bylaw, either generally or to deal with a specific situation
and subject whatever conditions as Council sees fit shall apply.
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5. Every person who contravenes the provisions of this Bylaw is guilty of an
offense on Summary Conviction to a penalty prescribed in Schedule "B" of
this Bylaw.
6. This Bylaw Shall be passed and become effective when it receives third
reading and is signed by the Mayor and Chief Administrative Officer.
Section 2
WHEREAS under the provision of Section 42 of the Provincial Offences Procedure
Act, being Chapter P-21.5 of the Revised Statutes of Alberta, 1988 and
amendments thereto and under the provisions of Section 110 of the Municipal
Government Act, being Chapter M-26 of the Revised Statutes of Alberta and
amendments thereto, the Council of a Municipality may by bylaw provide for the
payment of violation tickets or summons out of Court.
A notice of from (commonly called a traffic tag or a violation ticket) may be issued
by a peace officer or by a special constable or a bylaw enforcement officer to any
person charged with a breach of any of the provisions of this Bylaw and the above
mentioned Acts shall apply in regards to the payment. The following offenses shall
carry with them a fine as described below:
Hours of Operation
Section 2(a)
For a first offense to a fine of $50.00 and for a second or subsequent offenses to a
fine of $100.00.
Exceeding Maximum Speed
Section 2(b)
For a first offense to a fine of $50.00 and for a second or subsequent offenses to a
fine of $100.00.
Driving Wrong Side of Road
Section 2c)
For a first offense to a fine of $50.00 and for a second or subsequent offenses to a
fine of $100.00.
Driving Without Headlight or Tail Light
Section 2d)
For a first offense to a fine of $50.00 and for a second or subsequent offenses to a
fine of $100.00.
Failing to Use Shortest Route in Village
Section 2(e)
For a first offense to a fine of $50.00 and for a second or subsequent offenses to a
fine of $100.00.
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Operating in Posted Area or School Yard, near Seniors residences or
Lodges, Lagoons or Transfer Sites,
Section 2(f)
For a first offense to a fine of $50.00 and for a second or subsequent offenses to a
fine of $100.00.
Operating Where Signs Prohibit
Section 2(g)
For a first offense to a fine of $50.00 and for a second or subsequent offenses to a
fine of $100.00.
A person found guilty of an offense against this Bylaw where no penalty has been
specifically provided is liable on Summary Conviction for a first offense to a fine of
$50.00 and for a second or subsequent offenses to a fine of $100.00.
MISCELLANEOUS:
1. If any part of this Bylaw is found to be invalid, then that part shall be severed
and the remaining Bylaw shall be maintained.
2. This Bylaw shall come into force and effect upon the date of the passing of
the third and final reading.
Read a first time this 12th day of April 2010.
Read a second time this 12th day of April 2010.
Read a third time and passed this 12th day of April 2010.
Mayor - Edward Sosnowski
Chief Administrative Officer Gary Dupuis