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BYLAW 433-16 (Page 1)
BYLAW NO. 433-16
PROVINCE OF ALBERTA
SUMMER VILLAGE OF WEST COVE
A BYLAW OF THE SUMMER VILLAGE OF WEST COVE, IN THE PROVINCE OF ALBERTA, TO REGULATE OFF-
HIGHWAY VEHICLES.
WHEREAS the Traffic Safety Act, RSA 2000, c. T-6 authorizes a municipal council to pass bylaws respecting the
operation of off-highway vehicles within the Village provided that such bylaws are not inconsistent with that
Act;
AND WHEREAS the Municipal Government Act, RSA 2000, c. M-26 authorizes a municipal council to pass bylaws
respecting the safety, health and welfare of people and the protection of people and property;
AND WHEREAS Council deems it desirable to regulate the operation of Off-Highway Vehicles on public property
within the Summer Village of West Cove;
NOW THEREFORE the Municipal Council of the Summer Village of West Cove, duly assembled, hereby ENACTS
AS FOLLOWS:
PART 1
SHORT TITLE
1
This Bylaw shall be cited as the "Off-Highway Vehicle Bylaw".
PART 2
PURPOSE
2
The purpose of this bylaw is to regulate the operation of Off-Highway Vehicles within the Village.
PART 3
DEFINITIONS
3
In this Bylaw:
(a) "Act" means the Traffic Safety Act, RSA 2000, c. T-6 (as amended);
(b) "All Terrain Vehicle" means a wheeled or tracked motor vehicle designed for travel primarily
on unprepared surfaces such as open country or marshland, but does not include a snow
vehicle implement of husbandry or construction machinery;
(c) "Boulevard" means that part of a Highway in an urban area that:
(i)
is not Roadway, and
(ii)
is that part of the Sidewalk that is not especially adapted to the use of or ordinarily used
by Pedestrians;
(d) "Bylaw" means a Village bylaw, including any amendments thereto;
(e) "Bylaw Enforcement Officer" means an individual appointed as such in accordance with Bylaw
235-01, the "Bylaw Officer Position Bylaw" (as amended);
(f)
"Chief Administrative Officer" or "CAO" means the Village's chief administrative officer;
BYLAW 433-16 (Page 2)
(g) "Council" means the Village's municipal council;
(h) "Court" means the Provincial Court of Alberta;
(i) "Ditch" means that portion of a Highway that does not include the Roadway;
(j) "Fire Ban" means a provincial ministerial order or an order by the Village cancelling any or all fire
permits or prohibiting or restricting the lighting of fires;
(k) "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct,
lane, Alley, square, bridge, causeway, trestleway 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 and includes:
(i)
a Sidewalk, including a Boulevard adjacent to the Sidewalk,
(ii)
if a ditch lies adjacent to and parallel with the Roadway, the ditch, and
(iii)
if a Highway right of way is contained between fences or between a fence and one side of
the Roadway, all the land between the fences, or all the land between the fence and the
edge of the Roadway, as the case may be,
but does not include a place declared by provincial regulation not to be a Highway;
(l)
"Motorcycle" means a motor vehicle, other than a moped, that is mounted on 2 or 3 wheels and
includes those motor Vehicles known in the automotive trade as motorcycles and scooters;
(m) "Municipal Violation Tag" means a Village-issued notice that alleges an offence and provides a
person with the opportunity to pay an amount to the Village in lieu of prosecution for the
offence;
(n) "Off-Highway Vehicle" means any motorized vehicle designated for cross-country travel on
land, water, snow, ice or marsh or swamp land or on 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:
(x)
Motor boats; or
BYLAW 433-16 (Page 3)
(xi)
Any other vehicle exempted from being an off-highway vehicle by the regulations to the
Traffic Safety Act, RSA 2000, c. T-6.
(o) "Operator" means a Person who drives a vehicle or operates is in actual physical control of a
vehicle;
(p) "Operator's License" means an operator's license issued by the Registrar of Motor Vehicle
Services;
(q) "Owner" means the Person who owns the vehicle and includes a Person renting the vehicle or
having the exclusive use of that vehicle under a lease or otherwise for a period of more than
thirty (30) days;
(r) "Park", when prohibited, means the act of allowing a Vehicle to remain stationary in one place,
except
(i)
while actually engaged in loading or unloading passengers, or
(ii)
when complying with a direction given by a Peace Officer or Traffic Control Device;
(s) "Parkland" means any developed or undeveloped property that is owned, controlled or
maintained by the Village, is intended to be used by members of the public for recreation
purposes, and is
(i)
preserved as a natural area,
(ii)
designated or districted as park or park corridor land;
(iii)
dedicated as municipal reserve, environmental reserve or a public utility lot property
pursuant to the Municipal Government Act R.S.A. 2000, Ch.M-26 (as amended), or
(iv)
a Boulevard contiguous with, partially within or fully within the property referenced
under subsections (i), (ii) or (iii);
(t)
"Peace Officer" means a Person employed for the purposes of preserving and maintaining the
public peace, and includes:
(i)
a member of the Royal Canadian Mounted Police;
(ii)
A Community Peace Officer;
(iii)
a provincially-appointed Special Constable, and
(iv)
a Bylaw Enforcement Officer authorized to enforce this Bylaw in accordance with his or
her appointment;
(u) "Person" includes any individual, corporation, society, association, partnership or firm, trustee,
executor, administrator or other legal representative;
(v) "Public Place" means any Highway, parkland, public bridge, roadway, lane, footway, square,
court, alley, passageway, and includes any open space to which the public have or are
permitted to have access, whether by payment or otherwise, to Village land;
BYLAW 433-16 (Page 4)
(w) "Qualified Person" means an Operator that is licensed under the Act (including a document or
information and other data contained in an electronic form that is recognized under the Act as
an Operator's License), who is at least 14 years of age who has a valid Operator's License (Class
7 or higher);
(x) "Roadway" means that portion of a Highway intended for use by vehicular traffic;
(y) "Safety Helmet" means a safety helmet that is approved under Part 6 Division 5 of the Vehicle
Equipment Regulation AR 122/2009 (as amended);
(z) "Schedule" means a schedule attached to and forming part of this Bylaw;
(aa) "Snow Vehicle" means any motor vehicle designed or intended to be driven exclusively or
chiefly upon snow or ice, or both;
(bb) "Stop" means
(i)
when required, a complete cessation from vehicular movement, and
(ii)
when prohibited, any halting even momentarily of a Vehicle, whether occupied or not,
except when necessary to avoid conflict with other traffic or in compliance with a
direction given by a Peace Officer or Traffic Control Device;
(cc) "Time" means either Mountain Standard Time or Mountain Daylight Savings Time, whichever is
proclaimed to be in effect in Alberta;
(dd) "Traffic Control Device" has the meaning defined in the Village Traffic Bylaw (as amended);
(ee) "Village" means the Sumer Village of West Cove, a municipal corporation of the Province of
Alberta, and includes, where the context so requires, the area contained within the boundaries
of the Summer Village of West Cove;
(ff) "Violation Ticket" means a violation ticket issued in accordance with the Provincial Offences
Procedure Act R.S.A. 2000, c.P-34 (as amended).
PART 4
OPERATION OF OFF-HIGHWAY VEHICLES
4
Off-Highway Vehicles may be operated on Village Highways. All operations of Off-Highway Vehicles on
Village Highways, must conform with all provisions of this Bylaw, the Act, and all other Provincial legislation
and regulation that relates to the operation of Off-Highway Vehicles.
5
No Person shall operate an Off-Highway Vehicle unless that Person is a Qualified Person, or they are
otherwise permitted to operate an Off-Highway Vehicle pursuant to the Act.
6
No Person shall operate an Off-Highway Vehicle unless the Off-Highway Vehicle is registered.
7
No Person shall operate an Off-Highway Vehicle unless the Off-Highway Vehicle is insured.
8
No Person shall operate an Off-Highway Vehicle if the license plate is not securely attached, legible,
and clearly visible.
9
Except as otherwise provided in this Bylaw, an Operator of an Off-Highway Vehicle is permitted to
operate the Off-Highway Vehicle on the extreme side of the Roadway and shall travel in single file at all times.
BYLAW 433-16 (Page 5)
Off-Highway Vehicles, when travelling on any Highway as permitted by this Bylaw, shall travel in the same
direction as vehicles travelling on that side of the Roadway closest to the Off-Highway Vehicle.
10
All Off-Highway Vehicles travelling on a Highway shall be equipped with at least one headlight and one
tail light that must be illuminated at all times.
11
No Person shall operate an Off-Highway Vehicle within the Village between the hours of 12:00 AM
(midnight) and 6:00 AM the following day.
12
No Person shall operate an Off-Highway Vehicle unless the Off-Highway Vehicle is equipped with an
exhaust muffler that complies with the following:
(1) An exhaust muffler must cool and expel the exhaust gases from the engine without excessive noise
and without producing flames or sparks;
(2) The exhaust muffler must not have been widened;
(3) The exhaust muffler must not have been modified to increase the noise made by it or that allows the
gases leaving the exhaust system to be ignited; and
(4) The exhaust muffler must not have been cut out or disconnected, or have had a baffle plate or other
part removed.
13
No Person shall tow a trailer, sleigh or other vehicle behind an Off-Highway Vehicle unless the hitch or
attachment used:
(1) Is designed so that the vehicle being towed substantially follows in the tracks of the towing vehicle;
(2) Is strong enough to safely control the vehicle being towed;
(3) Is not more than 1.83 meters long; and
(4) Prevents the towed vehicle from colliding with the towing vehicle during travel downhill and when
the towing vehicle stops.
14
No Person shall operate or be a passenger on an Off-Highway Vehicle without wearing a Safety Helmet
securely attached to his or her head.
15
No Person shall operate or be a passenger on an Off-Highway Vehicle where the number of persons on
the Off-Highway Vehicle exceeds the number of persons that the Off-Highway Vehicle is designed to carry.
16
No Person shall operate an Off-Highway Vehicle on Parkland or on a Public Place other than a Highway
within the Village.
17
No Person shall park or place an Off-Highway Vehicle where such parking is prohibited by a Traffic
Control Device or otherwise.
18
No Person shall operate an Off-Highway Vehicle in a careless manner. For the purposes of this
section, driving carelessly includes, without limitation the following:
(1) Without due care and attention; or
(2) Without reasonable consideration for other persons or property.
BYLAW 433-16 (Page 6)
19
An Operator of an Off-Highway Vehicle shall immediately, on being signaled by a Peace Officer, bring
his or her Off-Highway Vehicle to a stop and furnish any information respecting the operator or the Off-
Highway Vehicle that the Peace Officer requires and shall not start his or her Off-Highway Vehicle until he or
she is permitted to do so by that Peace Officer.
PART 5
SPEED LIMIT FOR OFF-HIGHWAY VEHICLES
20
The maximum speed at which Off-Highway Vehicles are permitted to travel within the Village is 30
km/hr.
PART 6
ADDITIONAL RESTRICTIONS DURING FIRE BANS
21
When a Fire Ban is in place, no Person shall operate an Off-Highway Vehicle other than on a paved
Roadway.
PART 7
NON-APPLICATION OF BYLAW
22
This Bylaw does not apply to:
(1) A Peace Officer while operating an Off-Highway Vehicle in the performance of official duties;
(2) Employees of the Village while operating an Off-Highway Vehicle in the performance of official duties;
(3) Off-Highway Vehicles owned and operated by the Department of National Defence.
23
Council may, by resolution, waive any of the provisions contained in this Bylaw for a specific situation,
subject to whatever conditions Council deems necessary to apply.
PART 8
ENFORCEMENT
Offence
24
A person who contravenes any provision of this Bylaw is guilty of an offence.
25
When a Vehicle is operated or Parked or Stopped in contravention of any provision of this Bylaw, the
Owner shall be deemed to have committed the corresponding offence.
Continuing Offence
26
In the case of an offence that is of a continuing nature, a contravention of a provision of this Bylaw
constitutes a separate offence with respect to each day, or part of a day, during which the contravention
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 separate offence.
Fines and Penalties
27
A Person who is guilty of an offence under this Bylaw is liable:
(1) to a fine as prescribed in Schedule A; or
(2) on summary conviction, to a fine not exceeding $10,000.00 or to an order of imprisonment for not
more than 6 months, or both.
Municipal Violation Tag
BYLAW 433-16 (Page 7)
28
A Peace Officer may issue, with respect to an offence under this Bylaw, a Municipal Violation Tag
specifying the fine amount established by this Bylaw.
29
Where a Municipal Violation Tag is issued, the fine amount indicated thereon may be paid as directed in
lieu of prosecution.
Violation Ticket
30
A Peace Officer may issue, with respect to an offence under this Bylaw, a Violation Ticket:
(1) specifying the fine amount established by this Bylaw; or
(2) requiring an appearance in court without the option of making a voluntary payment.
31
Where a Violation Ticket specifies a fine amount, a voluntary payment equal to the specified fine
amount may be made as directed.
Service of Notice in respect of Violation Ticket
32
A Violation Ticket issued to any Person in respect of this Bylaw shall be deemed to be sufficiently
served if:
(1) Served personally on the accused Person;
(2) Mailed by registered or other mail to the last known address of the accused Person; or
(3) Left at the residence of the accused Person in care of a person who appears to be at least 18 years of
age.
PART 9
GENERAL
Power of the Chief Administrative Officer
33
Without restricting any other power, duty or function granted by this Bylaw the CAO may:
(1) Carry out any inspections to determine compliance with this Bylaw;
(2) Take any steps or carry out any actions required to enforce this Bylaw;
(3) Take any steps or carry out any actions required to remedy a contravention of this Bylaw;
(4) Establish investigation and enforcement procedures with respect to residential, commercial,
industrial or other types of property and such procedures may differ depending on the type of
property in question;
(5) Establish forms for the purpose of this Bylaw; and
(6) Delegate any powers, duties or functions under this Bylaw to an employee or contractor of the
Village.
Severability
34
Should any provision of this Bylaw be invalid, then such provision shall be severed and the remainder
of the Bylaw shall remain in force.
BYLAW 433-16 (Page 8)
Number and Gender References
35
All references in this Bylaw will be read with such changes in number and gender as may be
appropriate according to whether the reference is to a male or female Person, or a corporation or
partnership.
Liability
36
The Village, any Designated Officer or any Person who inspects any Property under this Bylaw, or any
Person who performs any work on behalf of the Village to remedy a contravention of this Bylaw is not liable
for any damages caused by the inspection, the work or disposing of anything to complete the work set out in
the order.
Enforcement of this Bylaw
37
The Village is not required to enforce this Bylaw. In deciding whether to enforce this Bylaw, the
Village may take into account any practical concerns, including available municipal budget and personnel
resources.
Bylaw Coming into Effect
38
This Bylaw takes effect on the final passing thereof and, on such final passing, Bylaw 255-04, is hereby
repealed.
READ A FIRST TIME IN COUNCIL
THIS 15th DAY OF December, 2016
READ A SECOND TIME IN COUNCIL
THIS 15th DAY OF December, 2016
READ A THIRD TIME IN COUNCIL
THIS 15th DAY OF December, 2016
SUMMER VILLAGE OF WEST COVE
______________________________
Ren Giesbrecht
Mayor
______________________________
Wendy Wildman
Chief Administrative Officer
BYLAW 433-16 (Page 9)
SCHEDULE A
TO OFF-HIGHWAY VEHICLE BYLAW 433-16
Offence
Section
Specified Penalty
(Dollars)
PART 4
Operate Off-Highway Vehicle in a manner contrary to this Bylaw 4
150
Operate Off-Highway Vehicle without Operator's License
D
i
5
150
Operate Off-Highway Vehicle without registration
6
150
Operate Off-Highway Vehicle without insurance
7
300
Operate Off-Highway Vehicle without license place security
attached/legible/visible
8
57
Failure to operate Off-Highway Vehicle on right side of road or
travel in correct direction
9
150
Failure to operate Off-Highway Vehicle with headlight/taillight
10
57
Operate Off-Highway Vehicle outside of prescribed hours
11
150
Operate Off-Highway Vehicle without proper exhaust muffler
12
57
Exhaust Muffler excessively noisy / produces fames or sparks
12(1)
57
Operate Off-Highway Vehicle with Exhaust Muffler widened
12(2)
57
Operate Off-Highway Vehicle if exhaust muffler modified to
increase noise/allow gases to be ignited
12(3)
57
Operate Off-Highway Vehicle if exhaust muffler cut or
disconnected or has baffle plate or other part removed
12(4)
57
Tow a trailer/sleigh vehicle behind an Off-Highway Vehicle where
hitch/attachment not designed so that vehicle being towed
follows in tracks
13(1)
57
Tow a trailer/sleigh vehicle behind an Off-Highway Vehicle where
hitch/attachment not designed so that vehicle being towed safely
controlled
13(2)
57
BYLAW 433-16 (Page 10)
Offence
Section
Specified Penalty
(Dollars)
Tow a trailer/sleigh vehicle behind an Off-Highway Vehicle where
hitch/attachment more than 1.83 m long
13(3)
57
Tow a trailer/sleigh vehicle behind an Off-Highway Vehicle where
hitch/attachment does not prevent vehicle from colliding with the
towing vehicle
13(4)
57
Operator/Passenger fails to wear a Safety Helmet
14
150
Operator/Passenger exceeds number of persons that Off-Highway
Vehicle is designed to carry
15
150
Operate an Off-Highway Vehicle on Parkland or other Public Place 16
150
Park Off-Highway Vehicle in a prohibited location
17
150
Carelessly operate an Off-Highway Vehicle
18
400
Failure to stop for a Peace Officer
19
400
PART 5
Exceed maximum speed
20
100
Fail to comply with restrictions on Off-Highway Vehicle operation
during Fire Ban
21
150