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Bylaw 2023-019
Page 1 of 5
VULCAN COUNTY
BYLAW 2023-019
Being a bylaw of Vulcan County in the Province
of Alberta to promote road safety by requiring
that motor vehicle loads be secured.
WHEREAS Section 7 of the Municipal Government Act provides that the
council of a municipality may pass bylaws for municipal purposes
respecting the safety, health, and welfare of people and the protection
of people and property.
AND WHEREAS Vulcan County Council wishes to ensure that all motor
vehicles travelling on roadways in Vulcan County are properly secured
to prevent debris from falling into the roadway and creating hazards for
other drivers, pedestrians, and the environment.
NOW THEREFORE the Council of Vulcan County, in the Province of
Alberta, duly assembled enacts as follows:
1. This bylaw may be called the "Load Securement Bylaw".
2. Definitions
a) "Motor Vehicle" shall mean any vehicle, semi-tractor, trailer, or
semi-trailer on any public roadway or property, including but not
limited to cars, trucks, buses, motorcycles, RVs, and trailers.
b) "Officer" means a Vulcan County Community Peace Officer or
RCMP Officer;
c) "Operator" means a person driving or in actual physical control of
the motor vehicle.
d) "Owner" means the person who owns a motor vehicle and includes
any person renting a motor vehicle or having the exclusive use of a
motor vehicle under a lease that has a term of more than 30 days or
otherwise having the exclusive use of a motor vehicle for a period of
more than 30 days, or if the context dictates, a duly registered land
titleholder;
Bylaw 2023-019
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e) "Roadway" any street, road, sidewalk, or bridge that the public is
ordinarily entitled to or permitted to use.
f) "Tarp" shall mean a covering or material used to protect a motor
vehicle's load from falling off during transport. The tarps must be
securely fastened and free from holes, tears, or other damage that
may allow debris to escape.
g) "Violation Ticket" means a ticket issued pursuant to either Part 2 of
the Provincial Offences Procedure Act.
3. General Provisions
a) No person shall operate a Motor Vehicle containing any load unless
the load is:
i.
Securely covered by a Tarp; or,
ii.
Where more appropriate, secured with netting, straps, ropes, or
other means, and loaded in such a manner as to prevent it from
shifting or falling onto a Roadway or adjacent land.
b) No person shall permit or cause any part of a Motor Vehicle load to
spill or fall onto a Roadway.
c) If any part of a Motor Vehicle load falls or spills onto a Roadway, the
Operator of the Motor Vehicle shall remove the spilled material from
the Roadway immediately upon discovering or being notified of the
same.
d) If an Operator fails to remove the spilled material from the Roadway
as required under Section 6(c), then Vulcan County may remove the
spilled material.
e) Notwithstanding Section 6(d), if Vulcan County determines that the
spilled material creates an unsafe Roadway condition, then Vulcan
County may immediately remove the spilled material from the
Roadway as deemed appropriate.
f) Any cost incurred by Vulcan County while acting in accordance with
Section 3(d) or (e) is a debt owing to Vulcan County by the person
contravening Section 3(c) or the Owner of the Motor Vehicle.
4. Exemptions
a) Any vehicle transporting a load in a closed container is exempt from
the requirements of this bylaw.
Bylaw 2023-019
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b) Provisions of this Bylaw may be waived where an Owner or Operator
obtains a permit from Vulcan County's Chief Administrative Officer or
the Director of Protective Services.
5. Enforcement
a) An Officer is hereby authorized and empowered to issue a Violation
Ticket to any person whom the Officer has reasonable and probable
grounds to believe has contravened this Bylaw.
b) Each Violation Ticket issued by an Officer shall include penalties
levied in accordance with Schedule "A" attached to and forming part
of this Bylaw.
c) A Violation Ticket shall be served upon an offending person,
personally or by mailing it to such Person by registered mail.
d) The Violation Ticket shall be in a form normally used by Officers in
the issuance of notices of an offence, and shall conform with the
Provincial Offences Procedure Act, as amended, repealed and
replaced from time to time.
e) Where a contravention of this Bylaw is of a continuing nature, further
Violation Tickets may be issued by an Officer.
f) Where a Violation Ticket is issued pursuant to this Bylaw, the Person
to whom the Violation Ticket is issued may, in lieu of being
prosecuted for the offence, plead guilty to the offence by mailing or
delivering the relevant sections of the Violation Ticket together with a
voluntary payment of the amount indicated on the Violation Ticket to
the Provincial Court of Alberta as directed on the Violation Ticket.
6. Severability
a) 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.
Bylaw 2023-019
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READ a first time on this 7th day of June, 2023.
READ a second time on this 1st day of May, 2024.
READ a third time and passed on this 1st day of May, 2024.
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
_____________________________
Nels Petersen, CAO
Bylaw 2023-019
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Schedule "A"
Specified Penalties
Section 3(a)
Penalty
First offence
$300.00
Second offence if the
offence occurs within 6
months of the previous
offence
$600.00
Third and subsequent
offences if the offence
occurs within 6 months of
the previous offences
$1200.00