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BYLAW NO. 2022/29
(Off-Highway Vehicle Bylaw)
A BYLAW OF RED DEER COUNTY, IN THE PROVINCE OF ALBERTA, AUTHORIZING THE
OPERATION, REGULATION AND CONTROL OF OFF-HIGHWAY VEHICLES ON
HIGHWAYS AND MUNICIPAL LANDS IN RED DEER COUNTY.
WHEREAS the Municipal Government Act allows the council of a municipality to pass bylaws
for the safety, health and welfare of people and the protection of people and property;
AND WHEREAS the Traffic Safety Act provides that the council of a municipality may by bylaw
authorize or issue a permit authorizing persons to drive off-highway vehicles along any portion
of a highway that is under the direction, control and management of the municipality;
AND WHEREAS the Traffic Safety Act provides that a council of a municipality may by bylaw
regulate and control the operation of off-highway vehicles on highways which are subject to the
direction, control and management of the municipality and on property owned by the
municipality that is not a highway;
AND WHEREAS the Council of Red Deer County believes that it is in the best interests of the
residents of Red Deer County that a bylaw be passed to regulate and control the operation of
off-highway vehicles pursuant to the powers granted to municipalities under the Traffic Safety
Act;
NOW THEREFORE the Council of Red Deer County, duly assembled, HEREBY ENACTS AS
FOLLOWS:
1.0
TITLE
1.1
This Bylaw may be referred to as the "Off-Highway Vehicle Bylaw."
2.0
DEFINITIONS
2.1
In this Bylaw:
a) "Council" means the elected Council of Red Deer County.
b) "County" means Red Deer County, in the Province of Alberta.
c) "County Manager" means the Chief Administrative Officer of Red Deer County.
d) "Emergency Services personnel" means firefighters, emergency medical services
personnel, search and rescue personnel, or agents or employees of the County who
are operating in response to an emergency or threat to the safety and protection of
people and property.
e) "Highway" means a highway as defined in the Traffic Safety Act which is subject to
the direction, control and management of the County and includes the entire right of
way inclusive of the driving surface and adjacent ditches.
f) "Municipal land" means those reserve lands, recreational lands and other lands
within the County which are owned or controlled by the County and which do not
form part of a highway. For the purposes of this bylaw, this includes any lands
owned or controlled by the County that the County Manager has designated as an
area where off-highway vehicles are restricted or prohibited and where signage
advising of the restriction or prohibition is posted in the area.
g) "Off-Highway Vehicle" means any motorized mode of transportation built for cross-
country travel on land, water, snow, ice or marsh or swamp land or on any other
natural terrain and, without limiting the generality of the foregoing, includes, when
specifically designed for such travel,
(i)
4-wheel drive vehicles;
(ii)
low pressure tire vehicles;
(iii)
motorcycles and related 2-wheel vehicles;
(iv)
amphibious machines;
(v)
all terrain vehicles;
(vi)
miniature motor vehicles;
(vii)
snow vehicles;
(viii)
minibikes, and
(ix)
any other means of transportation that is propelled by any power other than
muscular power or wind, but does not include motor boats or any other
vehicle exempted from being an off-highway vehicle by regulation.
h) "Operator" means a person who drives or is in actual physical control of an off-
highway vehicle.
i)
"Owner" means the person who owns an off-highway vehicle and includes any
person renting an off-highway vehicle or having the exclusive use of an off-highway
vehicle under a lease that has a term of more than thirty (30) days or otherwise
having the exclusive use of an off-highway vehicle for a period of more than thirty
(30) days.
j)
"Peace Officer" means a Police Officer as defined by the Police Act, a Bylaw
Enforcement Officer employed or contracted by the County, a Community Peace
Officer defined by the Peace Officer Act, a Park Warden appointed under the Parks
Canada Agency Act (Canada), a Conservation Officer appointed under the
Government Organization Act (Alberta), a Forest Officer appointed under the Forests
Act (Alberta), a Wildlife Officer appointed under the Wildlife Act (Alberta), or any
other Peace Officer authorized by appointment to enforce the Traffic Safety Act and
or municipal bylaws.
k) "Trail" means a defined pathway, either maintained or unmaintained, owned or
controlled by Red Deer County that is normally used to accommodate non-vehicular
traffic between amenities, parks, recreational facilities, reserve areas, and municipal
lands, that may or may not be located within the confines of a highway.
3.0
AUTHORITY
3.1
The County Manager is hereby authorized to administer and enforce the provisions of
this bylaw and may levy charges in accordance with this bylaw or as may be authorized
by Council pursuant to the provisions of this bylaw.
3.2
When this bylaw authorizes the County to act or gives to the County a discretion, the
County Manager is authorized to act on behalf of the County
4.0
APPLICABILITY
4.1
An operator of an off-highway vehicle in Red Deer County is required to follow all rules
and regulations under the Traffic Safety Act and the Off-Highway Vehicle Regulation.
4.2
A person may operate an off-highway vehicle on any highway within the County unless
the highway or portion of highway has been designated by the County Manager as an
area where off-highway vehicles may not operate.
4.3
No person shall operate an off-highway vehicle on any municipal land or trail within the
County unless the municipal land or trail has been designated by the County Manager
as an area where off-highway vehicles may operate.
4.4
No person shall operate an off-highway vehicle without due care and attention or without
reasonable consideration for other people or property.
4.5
The provisions of this Bylaw do not apply to a Peace Officer, Emergency Services
personnel, or agents or employees of the County while operating an off-highway vehicle
in the performance of their official duties.
4.6
An operator of an off-highway vehicle on a highway, municipal land, trail or in any other
place in the County operates the off-highway vehicle at their own risk.
4.7
An operator of an off-highway vehicle shall immediately, upon being signaled or
requested to stop by a Peace Officer:
a) bring the off-highway vehicle to a stop,
b) furnish any information respecting the operator or the off-highway vehicle that the
Peace Officer requires, and
c) remain stopped until permitted by the Peace Officer to leave.
4.8
At the request of a Peace Officer, a passenger in or on an off-highway vehicle who is
acting in a manner that is contrary to this Bylaw or the Traffic Safety Act shall forthwith
furnish to the Peace Officer the passenger's name and address.
5.0
OFFENCES
5.1
A person who contravenes this Bylaw is guilty of an offence.
5.2
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 and a
person guilty of such an offence is liable to a fine in an amount not less than that
established by this Bylaw for each such day.
5.3
A person shall not obstruct or hinder any person in the exercise of performance of the
person's powers pursuant to this Bylaw.
5.4
The conviction of a person under the provisions of this Bylaw does not operate as a bar
to further prosecution for the continued neglect or failure on the part of the person to
comply with the provisions of this Bylaw, or conditions, orders, or permits, issued in
accordance with this Bylaw.
5.5
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of
an offence and liable upon summary conviction to a fine of $250.00 for a first offence,
$500.00 for a second offence and $1,000.00 for a third or subsequent offence, and in
default of payment of any penalty, to imprisonment for up to 6 months.
5.6
Where a Peace Officer reasonably believes that a person has contravened any provision
of this Bylaw, the Peace Officer may, in addition to any other remedy at law, serve upon
the person a violation tag, in the form used by the County, allowing payment of the
penalty as set out in this Bylaw for the particular offence, which payment will be
accepted by the County in lieu of prosecution for the offence, or a Peace Officer may
issue a violation ticket in accordance with the Provincial Offences Procedure Act, R.S.A.
2000, c. P-34 (as amended), allowing a voluntary payment of the penalty as set out in
this Bylaw, or, requiring a person to appear in court without the alternative of making a
voluntary payment. The recording of the payment of a penalty made to the County or the
Provincial Court of Alberta shall constitute an acceptance of a guilty plea and conviction
for the offence.
5.7
Any person who contravenes the same provision of this Bylaw after the date of the first
contravention is liable to the specified penalties for such second, third or subsequent
offence in the amount as set out in this Bylaw.
5.8
The imposition of a fine either by issuance of a violation tag, violation ticket or summary
conviction in court shall not relieve any person so fined of responsibility for any
expenses owing to the County pursuant to this Bylaw and nothing in this Bylaw shall limit
any rights or remedies of the County pursuant to the Municipal Government Act.
6.0
SEVERABILITY
6.1
Should any clause or part of this bylaw be found to have been improperly enacted, for
any reason, then such clause or part shall be regarded as being severable from the rest
of this bylaw and the bylaw remaining after such severance shall be effective and
enforceable as if the clause or part found to be improperly enacted had not been
enacted as part of this bylaw.
6.2
Each provision of this Bylaw is independent of all other provisions. If any such provision
is declared invalid by a court of competent jurisdiction, all other provisions of this Bylaw
will remain valid and enforceable.
7.0
TRANSITIONAL
7.1
This Bylaw comes into force on the date of its final passing.
7.2
Bylaw 6/91 is hereby repealed on final passing of this Bylaw.
FIRST READING:
NOVEMBER 15, 2022
SECOND READING:
NOVEMBER 29, 2022
THIRD READING:
NOVEMBER 29, 2022
_________________________________
MAYOR
Date Signed:
_________________________________
COUNTY MANAGER
Date Signed: