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VULCAN COUNTY
Vulcan - Alberta
BYLAW 2021-028
Being a bylaw of Vulcan County in the Province
of Alberta for the purpose of establishing the
protection of the County's infrastructure.
WHEREAS Section 7 of the Municipal Government Act, R.S.A. 2000, c.
M-26.1, as amended, provides that a Council of a municipality may pass
Bylaws regulating the control and management of highways, roads,
lanes and road allowances within its boundaries and to impose fines,
exclusive of costs for contravention of this bylaw.
AND WHEREAS the Municipal Government Act, R.S.A. 2000, Section
18(1) grants the Council of Vulcan County direction, control, and
management of all roads within the County;
NOW THEREFORE the Council of Vulcan County, in the Province of
Alberta, duly assembled enacts as follows:
1. This bylaw may be called the "Road Protection Bylaw".
2. Definitions
In this Bylaw:
2.1. "Bridge" shall mean a structure facilitating passage of streams or
other traffic through a roadway.
2.2. "Chief Administrative Officer (CAO)" means the individual
appointed as Vulcan County's Chief Administrative Officer in
accordance with the MGA;
2.3. "Council" means the Council of Vulcan County
2.4. "County" means the municipal corporation of Vulcan County and
the area within its jurisdictional boundaries, as the context
requires;
2.5. "County Employee" shall mean any employee of the County, or
any Contractor hired on behalf of the County to perform specific
tasks.
2.6. "County Property" shall mean signs, culverts, bridges, cattle
guards, property (land or buildings) owned or leased by Vulcan
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County, including, but not limited to, Environmental Reserves,
Municipal Reserves, and Public Utility Lots or any other property
belonging to the County.
2.7. "Culvert" shall mean a channel or drain of any type of construction
designed to conduct water under, along, or across a Roadway.
2.8. "Damage" shall mean any act of physical harm caused to
something in such a way as to impair its value, usefulness, or
normal function.
2.9. "Director of Operations" shall mean the Director of Operations for
Vulcan County, or an individual designated to perform the required
duties of the Director.
2.10. "Disturbance" shall mean an interference with the normal
arrangement or function of something.
2.11. "Roadway" shall mean any thoroughfare, street, road, trail,
avenue, parkway, driveway, viaduct, lane, alley, square, Bridge,
causeway, trestle way, or other place, or any part of any of them,
whether publicly or privately owned, that the public is ordinarily
entitled or permitted to use for the passage or parking of Vehicles,
not including a place declared by regulation not to be a Roadway,
but including:
2.11.1.
a ditch, if the ditch lies adjacent to and parallel with
the roadway; and,
2.11.2.
all other lands contained within the Road Right of Way
2.12. "Material" shall mean earth, sand, gravel, grass, leaves, snow, ice,
debris or other foreign materials.
2.13. "MGA" means the Municipal Government Act, R.S.A. 2000 c.M-26,
as amended or replaced from time to time;
2.14. "Motor Vehicle" shall mean a Vehicle propelled by any power other
than muscular power, or a moped, but shall not include a bicycle,
a power bicycle, an aircraft, an implement of husbandry, or a
Vehicle that runs only on rails.
2.15. "Non-Agricultural" shall mean equipment or vehicles which primary
purpose is non-agricultural in nature including articulated trucks,
cranes, dozers, excavators, sheepsfoot packers and scrapers.
2.16. "Obstruction" shall mean an act of deliberate hindrance to the
normal or intended function of something.
2.17. "Officer" means Vulcan County's Director of Protective Services, a
Vulcan County Development Officer, or a Vulcan County
Community Peace Officer who is authorized to enforce Bylaws;
2.18. "Owner" means a person registered under the Land Titles Act,
R.S.A. 2000, c.L-4 as being the Owner of Property; a Person who
is recorded as the owner of Property on the County's assessment
roll for the Property; a Person who has purchased and has yet to
become the registered Owner of Property; a Person controlling
Property under construction; and/or a Person who is the lawful
Occupant of Property;
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2.19. "Peace Officer" shall mean:
2.19.1.
A Vulcan County Community Peace Officer who is
authorize to enforce Bylaws;
2.19.2.
A member of the Royal Canadian Mounted Police;
2.19.3.
A conservation officer appointed under Section 1,
Appendix 3.1 of the Government Organization Act,
R.S.A. 2000, C. G-10.
2.19.4.
A wildlife office appointed under the Wildlife Act,
R.S.A. 2000, C. W-10.
2.19.5.
A forest officer appointed under the Forest Act, R.S.A.
2000, C. G-10.
2.20. "Permit" shall mean the written authority of the Director of
Operations to allow traffic movement at any time on the roads
under the control of the County.
2.21. "Person" means any individual, firm, partnership, association,
corporation, company, society or other legally constituted
organization;
2.22. "Public Property" shall mean a place that is open to the public.
2.23. "Road Use Agreement (RUA)" shall mean an agreement between
Vulcan County and one (1) or more individuals and/or
organizations to allow for movement and traffic along Roadways
within the County that would not normally be permitted under the
provisions of this Bylaw.
2.24. "Subdivision" shall mean the division of a parcel of land by an
instrument.
2.25. "Violation Ticket" means a ticket issued under Part 2 of the
Provincial Offences Procedures Act;
3. General Prohibitions
3.1. No person shall cause to be removed, or permit another person to
cause to be removed, from the surface of any Roadway, the
gravel, paved, or oiled surface of that Roadway.
3.2. No person shall cause, or permit water used or intended to be
used for Irrigation purposes to escape or be sprayed into or onto a
Roadway.
3.3. No person shall stop or impede the flow of water through any
ditch, drain, sewer or culvert on or through a Roadway resulting in
damage to the Roadway.
3.4. No person shall construct or maintain a ditch or drain, the runoff
from which causes damage, fouling or nuisance to any portion of a
Roadway.
3.5. No person shall commit an act likely to cause damage to, or
Obstruction of, a Roadway, Bridge, or Culvert.
3.6. No person shall cause, or permit another person to cause, Damage
to, Disturbance of, or Obstruction of a County road allowance.
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3.7. No person shall utilize a County road allowance for storage
purposes, or erect a fence or gate on any part of a County road
allowance, without first obtaining a Permit for such from the
Director of Operations.
3.8. No person, other than a County Employee in execution of their
duties, shall push or deposit snow, ice, waste or other foreign
material into a ditch or onto a Roadway.
3.9. No person shall deposit, or cause to be deposited, any earth, sand,
gravel, debris or other foreign material or waste upon any
Roadway.
3.10. No person shall operate equipment or vehicle on a Roadway so as
to track a substance onto that Roadway.
3.11. No person shall in any way damage or otherwise vandalize any
County property on any Roadway or County Property.
3.12. No person has dispose, discard or deposit, or cause or permit to
be disposed, discarded or deposited any litter, refuse, substance or
thing of any kind into or onto a Roadway.
3.13. No person shall operate non-agricultural equipment or vehicles on
any County Roadway
3.14. No person shall move, remove, alter, damage or interfere with a
snow fence erected by the County.
3.15. Any person who does any act likely to cause Damage to, or
Obstruction of, a Roadway, Bridge, Culvert, or Signage commits an
offence and is liable on summary conviction to the penalty
prescribed.
3.16. The provisions of this Bylaw may be waived where a person or
organization obtains a Permit and enters into a Road Use
Agreement (RUA) with the County before entering the Roadway.
3.17. No person shall operate a vehicle or combination of
vehicle/equipment that has a gross vehicle weight over 11,794 kg
that causes damage to County Roadways, that cannot be repaired
through routine maintenance by the divisional grader.
3.17.1.
Repairs that require County maintenance crews to
complete dig outs, haul in additional material over and
above routine amount will be charged at a cost
recovery to the person in violation
3.18. The County is authorized to charge a fee for the issuance of
required permits, as per the Fees for Services Bylaw
4. Exclusions and Exemptions
4.1. The provisions of section 3 of this Bylaw shall not apply to the
following situations or activities:
(a)
County activities;
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(b)
Any operation or activity operating under the approval of
the County.
(c)
Emergency vehicles
5. Enforcement
5.1. An Officer for the purpose of this Bylaw may:
(a)
Investigate and/or enforce this Bylaw upon being notified
or upon seeing an alleged infraction.
(b)
Enforce any part of this Bylaw, by written order, within
the boundaries of the County by requiring the Owner or
Person to remedy the infraction in such a manner as the
County may direct, including any condition on their land
or with their system, or damage to the County road
caused by the contravention of this Bylaw; and
(c)
In the event, the County has to repair damages to the
County's infrastructure or property due to a Person/Owner
who violates any provision of this Bylaw, the repair costs
for the damage will be charged to the Person/Owner,
which costs if they remain unpaid 30 days from the
issuance of a notice of costs, shall be added to and form
part of the taxes on the lands, in accordance with Section
549 (1) (c) and 553 (1) (c) of the Municipal Government
Act.
5.2. Where an Officer believes a Person has contravened any provision
of this Bylaw, they may:
(a)
Issue a Violation Ticket.
6. Violation Tickets
6.1. A Person who contravenes any provision of this Bylaw is guilty of
an offence and is liable, upon summary conviction, to a fine in an
amount not less than established in this Bylaw. Without restricting
the generality of this section, the following fine amounts are
established for use on Violation Tickets if a voluntary payment
option is offered:
(a)
The specified penalty for the offense as set out in
Schedule "A";
6.2. An Officer is hereby authorized and empowered to issue a
Violation Ticket to any Person whom the Officer has reasonable
grounds to believe has contravened any provision of this Bylaw. A
Violation Ticket issued with respect to a violation of this Bylaw
shall be served upon the Person responsible for the contravention
in accordance with the Provincial Offences Procedure Act. If a
Violation Ticket is issued in respect to an offence, the Violation
Ticket may specify the fine amount established by this Bylaw for
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the offence, or require a Person to appear in court without the
alternative of making a voluntary payment.
6.3. A Person who commits an offence may: if a Violation Ticket is
issued in respect of the offense; and if the Violation Ticket
specifies the fine amount establish by this Bylaw for the offence;
(a)
Make a voluntary payment to a Clerk of the Provincial
Court, on or before the initial appearance date indicated
in the Violation Ticket, the specified penalty set out in the
Violation Ticket.
6.4. Where a Clerk of the Provincial Court records in the court records
the receipt of a voluntary payment pursuant to this Bylaw and the
Provincial Offences Procedure Act, the act of recording constitutes
acceptance of the guilty plea and also constitutes a conviction and
the imposition of a fine in the amount of the specified penalty.
6.5. Nothing in this Bylaw shall be construed to limit or hinder the
ability of the County to enforce this Bylaw by way of an order
issued pursuant to Section 545 or 546 of the Municipal
Government Act.
7. Severability
7.1. Every provision of this Bylaw is independent of all other provisions.
If any provision of this Bylaw is declared invalid for any reason by
a Court of competent jurisdiction, all other provisions of this Bylaw
shall remain valid and enforceable.
8. Effective Date
8.1. This Bylaw comes into force when it has received third and final
reading.
Received first reading this 14th day of July, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
Received second reading this 14th day of July, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
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Presented for unanimous consent of Council to proceed to third reading
this 14th day of July, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
Received third reading and finally passed this 14th day of July, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
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Schedule "A"
Specified Penalties
Section
Offense
First
Offence
Second
Offence
Third
Offence
3.1
Cause to remove of the gravel, paved or
oiled surface of a Roadway
$250
$500
$750
3.2
Cause or permit water to escape from
private land into a culvert, ditch or onto a
Roadway
Warning
$250
$500
3.3
Impede flow of water through ditch, drain,
sewer or culvert on or through a Roadway
resulting in damage to the Roadway
$250
$500
$750
3.4
Construct or maintain ditch or drain which
the runoff causes damage, fouling,
nuisance or damage to any portion of a
Roadway
$250
$500
$750
3.5
Does any act likely to cause damage to or
obstruct a Roadway, bridge or culvert
Warning
$250
$500
3.6
Obstruct or cause damage to a County
Road Allowance
$250
$500
$750
3.8
Push or deposit material into the ditch of
a Roadway
$500
$750
$1000
3.9
Cause or permit to deposit foreign
material on a Roadway
$500
$750
$1000
3.11
Damage or otherwise vandalize any
County Property on any Roadway or
County Property
$250
+
Cost
Recovery
$500
+
Cost
Recovery
$750
+
Cost
Recovery
3.12
Dispose, discard or deposit any litter,
refuse, substance or thing of any kind into
or onto a Roadway
$500
+
Cost
Recovery
$750
+
Cost
Recovery
$1000
+
Cost
Recovery
3.13
Operate non-agricultural equipment on a
Roadway
$500
$750
$1000
3.14
Moving, damage or interfere with a snow
fence erected by the County
$250
$500
$750
5.1(c)
County repair of damaged infrastructure
or County property
Cost Recovery
Penalties for Subsequent Offences:
The penalty for subsequent offences shall be double the amount of the
penalty for a third offence.