Off-Highway Vehicle Bylaw No. 98/078 - Urban Service Area (Consolidated)
Regional Municipality of Wood Buffalo, Alberta
· adopted 1998-01-01
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unofficial consolidation, the official version is held by the municipal clerk.
Authorized Consolidation of Off-Highway Vehicle Bylaw No. 98/078
(as consolidated by Bylaw No. 00/079)
BYLAW NO. 98/078
BEING A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO
REGULATE THE USE OF OFF-HIGHWAY VEHICLES WITHIN THE FORT
McMURRAY URBAN SERVICE AREA OF THE REGIONAL MUNICIPALITY OF
WOOD BUFFALO.
The Council of the Regional Municipality of Wood Buffalo, in the Province of Alberta, under and
pursuant to the provisions of the Off-Highway Vehicle Act, being Chapter O-4 of the Revised
Statutes of Alberta, 1980 and amendments thereto, duly assembled, hereby enacts as follows:
1.
In this Bylaw:
(a)
"Bylaw Officer" shall mean any Peace Officer as defined in the Off-Highway
Vehicle Act or Bylaw Enforcement Officer of the Regional Municipality of Wood
Buffalo
(b)
Deleted (BL 00/079)
(c)
"Designated Area" shall mean any area within the boundaries of the Fort
McMurray Urban Service Area of the Regional Municipality of Wood Buffalo
referenced in Schedule "B" hereto annexed.
(d)
"Highway" shall mean highway as defined by the Highway Traffic Act, being
Chapter H-7, R.S.A. 1980 and amendments thereto.
(e)
"Off-Highway Vehicle" shall have the same meaning as defined in the
Off-Highway Vehicle Act, being Chapter O-4, R.S.A. 1980 and amendments
thereto.
(f)
"Trapper" shall mean anyone registered as a Trapper with the Province of Alberta
and the holder of such Trapper Certificate.
(g)
"Fort McMurray Urban Service Area" shall mean that area within the Regional
Municipality of Wood Buffalo which represented the City of Fort McMurray prior
to the amalgamation of the City of Fort McMurray with Improvement District No.
18.
2.
Deleted (BL 00/079)
3.
Those areas listed in Schedule "B" attached to this Bylaw shall be considered "Designated
Areas" and may be used for the operation of Off-Highway Vehicles as Staging Areas for
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the purpose of gaining access to areas outside of the boundaries of the Urban Service Area.
4.
The Council of the Regional Municipality of Wood Buffalo may, from time to time within
its sole discretion, pass a resolution or resolutions removing or adding land to the
Designated Areas schedule. (BL 00/079)
5.
No person, other than a Bylaw Officer, shall use or operate an Off-Highway Vehicle on any
Highway, roadway, or any public land within the Fort McMurray Urban Service Area of
the Regional Municipality of Wood Buffalo except on land within a Designated Area for
the purposes set out in paragraph 3 above, unless authorized by special permit issued by the
Regional Clerk, or other officer authorized by the Council of the Regional Municipality of
Wood Buffalo to issue such special permit. (BL 00/079)
6.
The Regional Clerk is hereby authorized to issue a "Special Permit" to a person or persons
authorizing the use and operation of an Off-Highway Vehicle within an area other than a
Designated Area, or authorizing the use or operation of an Off-Highway Vehicle on a
Highway, and without limiting the generality of the foregoing, the Regional Clerk must
issue a Special Permit to a Trapper, having duly completed an Affidavit in the form of
Schedule "C".
7.
No person other than a Bylaw Officer, shall operate an Off-Highway Vehicle in any
Designated Area or other area within the Fort McMurray Urban Service Area of the
Regional Municipality of Wood Buffalo between the hours of 10:00 o'clock p.m. and 7:00
o'clock a.m. without a Special Permit. (BL 00/079)
8.
When any person operates an Off-Highway Vehicle on a Highway in accordance with this
Bylaw, such person shall comply with all laws and regulations applying to the operation of
a Motor Vehicle on a Highway including the provisions of the Highway Traffic Act
Chapter H-7, R.S.A. 1980 and the Motor Vehicle Administration Act Chapter M-22, R.S.A.
1980 and amendments thereto and shall be subject to those penalties established by the
above mentioned legislation for reach of the same.
9.
Notwithstanding anything contained in this Bylaw:
(i)
No person shall operate an Off-Highway Vehicle on a Highway unless that person
holds an operators license as required by the provisions of the Motor Vehicle
Administration Act 1980 Chapter M-22, R.S.A.
(ii)
A Bylaw Officer shall not be in violation of this Bylaw by operating an
Off-Highway Vehicle within the Urban Service Area of the Regional Municipality
of Wood Buffalo.
10.
Bylaw #86/01 is hereby repealed.
11.
This Bylaw shall be passed and become effective when it receives third reading and is
signed by the Mayor and Regional Clerk.
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READ a first time this 13th day of October, A.D. 1998.
READ a second time this 24th day of November, A.D. 1998.
READ a third and final time this 24th day of November, A.D. 1998.
Amending Bylaws
00/079
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SCHEDULE 'B'
SCHEDULE OF DESIGNATED AREAS
.
1.
Snye Area, being that area which is outlined in Schedule "B-1".
2.
Abasand Area, being that area which is outlined in Schedule "B-II".
3.
Timberlea Area, being that area which is outlined in Schedule "B-III".
4.
Waterways Area, being that area which is outlined in Schedule "B-IV" and commonly
known as the Horse Pasture.
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SCHEDULE 'C'
CANADA
)
IN THE MATTER OF Section
18 of the Off-Highway
PROVINCE OF ALBERTA
)
Vehicle Act, being Chapter O-4 of the Statutes of
Alberta,
TO WIT:
)
1980, and Bylaw No. 98/078.
STATUTORY DECLARATION
I, _____________________________________________, of Fort McMurray, in the Province of Alberta, DO,
SOLEMNLY DECLARE:
1. That I am a registered trapper in the Province of Alberta, TRAPLINE NO. _____________.
2. That trapping is my main or only source of income.
3. That I am dependent upon an Off-Highway Vehicle as a means of obtaining winter access to my
trapline.
4. That enforcement of the Off-Highway Vehicle Act would create an undue hardship upon myself.
5. That the Off-Highway Vehicle shall not be used as a form of recreation within the City.
6. That I will not operate the Off-Highway Vehicle within the limits of the Fort McMurray Urban Service
Area of the Municipality of Wood Buffalo at a rate of speed of 15 km/h.
7. That I am aware that any infraction of the Off-Highway Vehicle Act or City Bylaw will result in the
immediate termination of the Special Permit which may be issued in accordance with Bylaw No.
98/078 and as applied for by this declaration.
8. Attached to, and forming part of my application is a letter from Fish and Wildlife Division of Alberta
Recreation, Parks and Wildlife, confirming that I am the holder of a current Trapline which is in good
standing and supporting my need for a Special Permit as applied.
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that
it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.
DECLARED before me at Fort McMurray, )
in the Province of Alberta, this ____ day of )
____________,A.D., _____.
)
______________________________________
)
)
__________________________________ )
A Commissioner for Oaths in and for the
)
Province of Alberta.
)