Idle-Free Bylaw 18-15

Okotoks, Alberta

This is the exact embedded text of the captured official document. Snapshot df14d5ab478b · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

ADMINISTRATIVE CONSOLIDATION OF BYLAW 18-15 AS OF MARCH 23, 2026 A BYLAW OF THE TOWN OF OKOTOKS IN THE PROVINCE OF ALBERTA TO REGULATE VEHICLE IDLING (As amended by Bylaw 04-26) WHEREAS pursuant to Section 13 of the Traffic Safety Act Revised Statutes of Alberta 2000, Chapter T-6 and amendments thereto, a municipality may, by bylaw, regulate, control, and prohibit the stopping, standing, or parking of vehicles in the municipality; and WHEREAS pursuant to the provisions in the Municipal Government Act RSA 2000 c. M-26, and amendments thereto, a municipality may, by bylaw, regulate, prohibit and impose requirements with respect to the protection and enhancement of the well-being of its community in relation to the emission of smoke, fumes and other effluvia that is liable to foul or contaminate the atmosphere; and (Bylaw 04-26) WHEREAS internal combustion engine vehicles (Bylaw 04-26) emit smoke and fumes which are the source of particular matter, nitrogen oxide, carbon monoxides, sulphur dioxide and other volatile organic compounds that are liable to foul or contaminate the atmosphere; and WHEREAS Council deems it desirable to amend Bylaw to regulate the idling of vehicles. NOW THEREFORE the Council of the Town of Okotoks enacts as follows: 1. SHORT TITLE This Bylaw may be known as the "Idle Free Bylaw". 2. DEFINITIONS In this Bylaw, unless the context otherwise requires the following means: (Bylaw 04-26) 2.1 Chief Administrative Officer (CAO) - the person appointed to the position of Chief Administrative Officer for the Town within the meaning of the Municipal Government Act and the Town's CAO Bylaw; (Bylaw 04-26) 2.2 Council - the Mayor and Councillors of the Town duly elected pursuant to the Local Authorities Election Act; (Bylaw 04-26) Bylaw 18-15 ADMINISTRATIVE CONSOLIDATION Page 2 of 6 2.3 domesticated household pet - a domesticated animal that lives and breeds in a tame condition and, without restricting the generality of the foregoing, shall, include dogs and cats; (Bylaw 04-26) 2.4 driver - as defined within the Traffic Safety Act, the person who is driving or who is in actual control of the vehicle; 2.5 idle and idling - the operation of an internal combustion engine of a vehicle while the vehicle is not in motion; (Bylaw 04-26) 2.6 occupied vehicle - a vehicle that is physically occupied by a driver, passengers and/or domesticated household animals; (Bylaw 04-26) 2.7 parades or processions - any group or train of persons or vehicles using the highway within the Town for show or display, but does not include any military or funeral parade or procession; (Bylaw 04-26) 2.8 Peace Officer -: 2.8.1 a member of the Royal Canadian Mounted Police; 2.8.2 a Community Peace Officer as appointed by the Solicitor General of Alberta; or 2.8.3 a Bylaw Officer as appointed by the Town to enforce bylaws of the Town; (Bylaw 04-26) 2.9 Town - the Corporation of the Town of Okotoks in the Province of Alberta and where the context so requires, the area of land within the corporate boundaries thereof; (Bylaw 04-26) 2.10 unoccupied vehicle - a vehicle containing no driver or passengers and no domesticated household animals; (Bylaw 04-26) 2.11 vehicle - a device in, on, or by which a person or thing may be transported or drawn on a highway that is designed to be self-propelled by an internal combustion engine but does not include a motor-assisted cycle or a vehicle operated wholly by an electric motor; (Bylaw 04-26) 2.12 Town tag- a notice or tag in the form as approved by the CAO, issued by the Town allowing a voluntary payment option of a fine established under this Bylaw; (Bylaw 04- 26) 2.13 violation ticket - a ticket issued pursuant to the Provincial Offences Procedures Act (POPA), RSA 2000, c. P-34 as amended and any regulations thereto. (Bylaw 04-26) Bylaw 18-15 ADMINISTRATIVE CONSOLIDATION Page 3 of 6 3. IDLING 3.1 No driver shall cause or permit an occupied vehicle to idle for more than five (5) consecutive minutes within a continuous sixty (60) minute period when the outdoor ambient air temperature is between 5˚C and 25˚C. (Bylaw 04-26) 3.2 No persons shall cause or permit an unoccupied vehicle to idle for more than five (5) consecutive minutes within a continuous sixty (60) minute period. (Bylaw 04-26) 4. EXEMPTIONS FROM IDLING PROVISION 4.1 Notwithstanding Section 3.1, vehicles may remain idling: 4.1.1 when the vehicle is occupied by a person(s) other than the driver or domesticated household animal(s) and the driver is not present in the vehicle; 4.1.2 while passengers are embarking or disembarking from public or private transit vehicles; (Bylaw 04-26) 4.1.3 while stopped for an emergency or actively assisting in an emergency activity; 4.1.4 if experiencing mechanical difficulties; 4.1.5 while stopped in traffic; 4.1.6 while engaged in a parade, procession or race authorized by the Town, or a military or funeral parade or procession; (Bylaw 04-26) 4.1.7 while engaged in a mechanical test or maintenance procedure for which idling is required; 4.1.8 so as to power a heating or refrigeration system for the preservation of perishable cargo; 4.1.9 so as to power any tools or equipment necessary for or incidental to the provision of services by a municipality, public utility or other service; (Bylaw 04- 26) 4.1.10 trains or rail vehicles while operating upon rails; 4.1.11 where a vehicle is occupied by a person or domesticated household animal and a medical or veterinary doctor certifies in writing that a person or animal requires that temperature or humidity be maintained within a certain range. 4.2 Notwithstanding Section 3.2 vehicles may remain idling: (Bylaw 04-26) 4.2.2 while stopped for an emergency or actively assisting in an emergency activity; 4.2.3 if experiencing mechanical difficulties; 4.2.4 while engaged in a mechanical test or maintenance procedure for which idling is required; 4.2.5 so as to power a heating or refrigeration system for the preservation of perishable cargo; 4.2.6 so as to power any tools or equipment necessary for or incidental to the provision of services by a municipality, public utility or other service; Bylaw 18-15 ADMINISTRATIVE CONSOLIDATION Page 4 of 6 4.2.7 so as to remove frost, ice, or condensation present on the windshield of the vehicle necessary for the safe operation of the vehicle. (Bylaw 04-26) 4.3 Notwithstanding Sections 3.1 and 3.2, the following vehicles are exempt: 4.3.2 armoured vehicles involved in the secure delivery or collection of goods; and 4.3.3 emergency vehicles as defined in the Traffic Safety Act (except where idling is for the convenience of the operator of the vehicle). (Bylaw 04-26) 5 PENALTIES AND ENFORCEMENT 5.1 Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000 and in default of payment is liable to imprisonment for a term not exceeding six (6) months or both. (Bylaw 04-26) 5.2 The levying and payment of any penalty, or the imprisonment for any period provided for in this Bylaw shall not relieve a person from the necessity of paying any fees, charges, or costs for which they are liable under the provisions of this Bylaw. (Bylaw 04-26) 5.3 Any Peace Officer who has reasonable and probable grounds to believe that any person has contravened any provision of this Bylaw may issue and serve: 5.3.1 A Town tag allowing a payment of the specified penalty to the Town; or 5.3.2 A violation ticket allowing payment according to the provisions of the POPA. (Bylaw 04-26) 5.4 The specified penalty payable in respect of a contravention of a provision of this Bylaw is as provided for in Schedule "A" of this Bylaw. (Bylaw 04-26) 5.5 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 it continues. (Bylaw 04-26) 5.6 Service of a Town tag will be sufficient if it is: 5.6.1 Left on the vehicle (i.e., under a wiper blade); or 5.6.2 Personally served to the operator of the vehicle. (Bylaw 04-26) 5.7 If a violation ticket is issued in respect to an offence, the violation ticket may: 5.7.1 specify the fine amount established by this Bylaw for the offence; or 5.7.2 require a person to appear in Court without the alternative of making a voluntary payment. 5.8 A person who commits an offence may: 5.8.1 if a violation ticket is issued in respect of the offence; and Bylaw 18-15 ADMINISTRATIVE CONSOLIDATION Page 5 of 6 5.8.2 if the violation ticket specified the fine amount established by this Bylaw for the offence; make a voluntary payment equal to the specified fine by delivering the violation ticket and the specified fine to the Provincial Courthouse specified on the violation ticket. 6. SEVERABILITY 6.1 It is the intention of Council that each separate provision of this Bylaw shall be deemed independent of all other provisions herein and it is further intention of Council that if any provision of this Bylaw is declared invalid, all other provisions hereof shall remain valid and enforceable. 7. GENERAL 7.1 Any person who contravenes any provision of this Bylaw by: 7.1.1 doing any act or thing which the person is prohibited from doing; or 7.1.2 failing to do any act or thing the person is required to do; is guilty of an offence and any offence created pursuant to this Bylaw is a strict liability offence for the purposes of prosecution under this Bylaw. 7.2 Nothing in this Bylaw relieves a person from complying with any provision of any federal or provincial law or regulation, other Bylaw, or any requirement of any lawful permit, order or license. 7.3 Words in the singular include the plural and words in the plural include the singular. 7.4 Schedule "A" shall form a part of this Bylaw and may, from time to time, be amended by Council. This Bylaw shall come into full force and effect upon third and final reading. Bylaw 18-25 received third and final reading September 28, 2015. ORIGINAL SIGNED BY MAYOR AND CHIEF ADMINISTRATIVE OFFICER Bylaw 04-26 received third and final reading March 23, 2026. ORIGINAL SIGNED BY MAYOR AND CHIEF ADMINISTRATIVE OFFICER Bylaw 18-15 ADMINISTRATIVE CONSOLIDATION Page 6 of 6 Schedule "A" SECTION OFFENCE PENALTY 3.1 Cause or permit vehicle to idle for more than five (5) consecutive minutes within a continuous sixty (60) minute period when the outdoor ambient air temperature is between 5˚C and 25˚C. (Bylaw 04-26) $250.00 3.2 Cause or permit an unoccupied vehicle to idle for more than five (5) consecutive minutes within a continuous sixty (60) minute period. (Bylaw 04-26) $250.00