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SUMMER VILLAGE OF ROSS HAVEN
IN THE PROVINCE OF ALBERTA
BYLAW No. 230-09
BEING A BYLAW OF THE SUMMER VILLAGE OF ROSS HAVEN, IN THE PROVINCE OF
ALBERTA, TO REGULATE AND CONTROL THE OPERATION OF ALL OFF-HIGHWAY
VEHICLES WITHIN THE BOUNDARIES OF THE SUMMER VILLAGE OF ROSS HAVEN.
WHEREAS pursuant to the provisions of section 118(1)(2) of the Traffic Safety Act, (Alberta) and
amendments thereto;
WHEREAS pursuant to the provisions of section 128(a)(b) of the said Statute, the council of a
municipality may, by bylaw, with respect to highways under its direction, control and management,
authorize such persons to operate Off-Highway Vehicles on any portion of any such highway or class
thereof and may restrict the hours during with such operation may take place, and prescribe maximum
and minimum rates of speed; and
WHEREAS the Council of the Summer Village of Ross Haven, in the Province of Alberta, considers it
desirable and expedient to restrict the operation of Off-Highway Vehicles within its boundaries in
accordance with the regulations specified in Part 6 of the Traffic Safety Act (Off-Highway Vehicle
Regulation) (Alberta), as amended and regulations thereto, the Council of the Summer Village of Ross
Haven, in the Province of Alberta, duly assembled, enacts:
SECTION 1 - CITATION
This bylaw may be cited as the Summer Village of Ross Haven "Off-Highway Vehicles Bylaw"
SECTION 2 - DEFINITIONS
In this bylaw:
1.
"All terrain 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;
2.
"Financial responsibility card" means a card issued or authorized pursuant to the Insurance Act;
3.
"Highway" means a highway as defined in the Traffic Safety Act;
4.
"Insured off-highway vehicle" means an Off-Highway Vehicle of which is insured by a policy of
insurance approved under Part 7 of the Insurance Act and containing the coverage and limits
fixed by that Part for automobiles in relation to public liability, property damage and accident
benefits in respect of that Off-Highway Vehicle;
5.
"Insurer" means a person licensed under the Insurance Act to carry on the business of automobile
insurance of Alberta;
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6.
"Alley" means a narrow highway intended chiefly to give access to the rear of buildings and
parcels of land;
7.
"Motor cycle" means a motor vehicle mounted on 2 or 3 wheels and includes those motor
vehicles known to the trade as motor cycles, scooters and power bicycles;
8.
"Off-highway vehicle" means any motorised 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 designed for such travel:
i.
4-wheel drive or low pressure tire vehicles,
ii.
Motor cycles and related 2-wheel vehicles,
iii.
Amphibious machines,
iv.
All terrain vehicles,
v.
Miniature motor vehicles, mini bikes, mini ATV's,
vi.
Motorized go-carts,
vii.
Snow vehicles, Snowmobiles,
viii.
Motorized Golf Carts,
ix.
And other means of transportation which is propelled by any power other than muscular
power or wind that is set out under the Off-Highway Vehicle Regulations;
But does not include:
x.
Motor boats,
xi.
Any other vehicle exempted from all of the provisions of this bylaw by the regulations.
9.
"Park land" shall mean every recreational area owned or controlled by the Summer Village of
Ross Haven that lies within the limits of the Summer Village whether such park land is improved
in whole or in part or remains in its natural state but shall include other neighbourhood
beautification areas and publicly maintained area administered by the Village;
10.
"Permitted Area" shall mean any area inside of the Summer Village limits where Off-Highway
Vehicles may operate;
11.
"Snow Vehicle" shall mean a motor vehicle designed or intended to be driven exclusively or
chiefly upon snow or ice or both;
12.
"Act" means the Part 6 of the Traffic Safety Act of the Revised Statutes of Alberta 2000 and
amendments thereto;
13.
"Council" means the Summer Village of Ross Haven Council;
14.
"Current season" means the current calendar year;
15.
"Highway" means a highway as defined in the Traffic Safety Act;
16.
"Operator" means a person who drives or is in actual physical control of a vehicle;
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17.
"Owner' includes a person renting an Off-Highway Vehicle or having the exclusive use of that
vehicle under a lease or otherwise for a period of more than 30 days;
18.
"Roadway" means that part of a highway intended for use by vehicular traffic;
19.
"Unrestricted public property" shall mean land leased to the Summer Village or under the
Village's management and control within The Summer Village Ross Haven;
20.
"Restricted parking" means parking or permitting to park any vehicle within the limits of Summer
Village of Ross Haven where a traffic control device is present or at any other place where a
traffic control devise prohibits stopping or parking, during the times stopping or parking is so
prohibited, or as described in the Traffic Safety Act and revised statutes and amendments thereto,
21.
"Peace officer" means a member of the Royal Canadian Mounted Police, a member of a
municipal police force, a member of the patrol division of the Department of the Solicitor
General, a forest officer, a park officer or a wildlife officer or a Special Constable appointed by
the Municipal Council.
SECTION 3 - POWERS OF A PEACE OFFICER
1.
A peace officer who, on reasonable and probable grounds, believes that an offence under this
bylaw has been committed may seize and detain any Off-Highway Vehicle in respect of which
the offence was committed until the final disposition of any proceedings that may be taken under
this bylaw or the Traffic Safety Act, and section 170 applies to that Off-Highway Vehicle as if it
were a vehicle to which section 169 applies;
2.
The provisions of Section 170 of the Traffic Safety Act shall apply with regard to the recovery by
the Summer Village of Ross Haven of the costs for removal and storage of any Off-Highway
Vehicle seized and detained, pursuant to Section 3 Part 1 of this bylaw.
SECTION 4 - PENALTIES - VOLUNTARY PAYMENTS
SUMMARY CONVICTIONS
1.
Every person who contravenes the provisions of this bylaw is guilty of an offence and liable to
summary conviction to a penalty as prescribed in Schedule "B" of this bylaw attached hereto and
forming a part of this bylaw.
2.
A notice or form commonly called an Offence Ticket may be issued by a Peace Officer to any
person alleged to have breached any provision of this bylaw, and the amount specified in this
bylaw or the regulations pursuant to the Provincial Offences Procedure Act, (Alberta) as
amended.
3.
An Offence Ticket shall be deemed to be sufficiently served:
i.
If served personally on the accused; or
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ii.
If mailed to the address of the registered owner of the property concerned, or the vehicle
concerned, or to the person concerned;
iii.
Except as otherwise provided in this bylaw, a person who is guilty of an offence under
this bylaw for which a penalty is not otherwise provided, is liable to a fine of not more
than five hundred dollars ($500.00) and in default of payment, is liable to imprisonment
for a term not exceeding six (6) months or to imprisonment for a term not exceeding six
(6) months without the option of a fine.
SECTION 5 - REGULATIONS
1. Any person qualified to operate an off-highway vehicle may operate same within the corporate limits
of the Summer Village of Ross Haven, subject to the following conditions;
(a) No person shall operate an Off-Highway Vehicle within the Summer Village of Ross Haven
between the hours of 11:00 p.m. one day and 7:00 a.m. the following day;
(b) No person shall operate an Off-Highway Vehicle equipped with an exhaust muffler that produces
excessive noise/flame/sparks;
(c) When a person operates an Off-Highway Vehicle in the Summer Village of Ross Haven they
shall:
(i) Travel at a rate of speed not in excess of 30km/hr and must travel on the right hand side
of the road so as to not interfere or impede with the natural flow of traffic; and
(ii) The registered owner of an off-highway vehicle is responsible for the actions of that Off-
Highway Vehicle; and
(iii) No Off-Highway Vehicle shall be parked in the Summer Village of Ross Haven other
than at a private residence or permitted areas.
2. No person shall operate an Off-Highway Vehicle upon any parkland or restricted area within the
Summer Village of Ross Haven limits. Parkland and restricted areas are;
(i) Park 1 to Park 9
(ii) Main Park (Sports field)
(iii) All walkways throughout the Village
(iv) All roadway ditches throughout the Village
3. No person shall park or place an Off-Highway Vehicle where a traffic control device prohibits
stopping or parking, during the times stopping or parking is so prohibited;
4. Without restricting the generality of the foregoing, the provisions of the Off-Highway Vehicle
Regulations Act and Traffic Safety Act shall apply to the operation of the Off-Highway Vehicles
within the limits of the Summer Village of Ross Haven.
5. Notwithstanding Section 5, Part 2, of this bylaw, the Council may, by resolution, grant permission for
the operation of Off-Highway Vehicles upon any parkland or restricted area within the Summer
Village of Ross Haven for a designated time or event at their discretion.
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(i) Resolution #____: Off-Highway Vehicles will be allowed upon Park 1 to Park 9 during
the spring and fall for the purpose of boat lift and pier section installation and removal.
(ii) Resolution #____: Off-Highway Vehicles will be allowed upon Park 1 to Park 9, the
roadway ditches, and walkways during the period December1 to March 1.
6. Exceptions for municipal employee's (use of maintenance equipment).
7. During times of high to extreme fire hazard or weather conditions as defined by Alberta
Environmental Protection Land and Forest Services, all use of Off-Highway Vehicles may be banned
within the limits of the Summer Village of Ross Haven.
8. All operators of off-highway vehicles must have a minimum Class 7 driver's license.
9. Any person found in violation of this bylaw or the Traffic Safety Act may be required to complete an
off-highway vehicle training course, prior to being able to operate on Summer Village of Ross Haven
property again. The training course must be approved by the Summer Village of Ross Haven.
That Bylaw No. 224 and Schedules thereto are repealed.
This bylaw shall come into full force and effect on the date of final passing thereof.
READ A FIRST TIME IN COUNCIL
THIS 12th DAY OF MAY 2009
READ A SECOND TIME IN COUNCIL
THIS 12th DAY OF MAY 2009
READ A THIRD TIME IN COUNCIL
AND DULY PASSED
THIS 12th DAY OF MAY 2009
_____________________________________
Mayor Debra Oakley
_____________________________________
Municipal Administrator - Dennis Evans
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SCHEDULE "B"
SPECIFIED PENALTIES
DESCRIPTION
FIRST OFFENSE
Operation during times of
High to extreme fire hazard
Sec. (5), (7)
$1,000.00 or Court
Operation of Off-Highway
Vehicle in off hours
Sec. (5), (1), (a)
$500.00 first offence
$1,000.00 second offence
Failure to comply with
As per Specified Penalties
Speed limit
Table 1 of Speeding Offences
Sec. (5), (1), (c), (i)
Traffic Safety Act
Operation of Off-Highway
Vehicle in parkland or restricted areas
Sec. (5), (2),(i),(ii),(iii),(iv)
$500.00 first offence
$1,000.00 second offence
Parking in restricted areas
Sec. (5), (3)
$500.00
Operation of Off-Highway
Equipped with exhaust muffler
That produces excessive
Noise/Flames/Sparks
Sec. (5), (1), (b)
$500.00
Failure to use shortest route
$500.00