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DISTRICT OF MACKENZIE
BYLAW NO. 1168
A Bylaw to regulate
the operation
of snowmobiles
And All Terrain
Vehicles
within the District of Mackenzie
WHEREAS
pursuant
to Section 4.(4) of the Motor Vehicle (AllTerrain) Act,
Council is authorized
to regulate or prohibit the use of All Terrain Vehicles
within the District
of Mackenzie.
NOW THEREFORE the Council of the District of Mackenzie, in open meeting
assembled,
ENACT AS FOLLOWS:
1.0
1.1
interpretation
In this bylaw:
"AllTerrain Vehicle" has the meaning assigned
to it under the Provincial Motor Vehicle
(AllTerrain) Act and includes a snowmobile as defined in the snowmobile Regulation
under the Provincial Motor Vehicle (AllTerrain) Act.
"Airport lands" means land that is set apart for airport activity and is identified on
"Appendix A" attached
hereto and forming part of this bylaw.
"Cemetery"
means
land that is set apart or used as a place of interment and is
identified on Appendix "A"attached
hereto and forming part of this bylaw.
"Council" means the Council of the District of Mackenzie.
"Gantahaz Park" means land that is set apart and used as a park in the Gantahaz
Subdivision.
"Highway" includes all public streets,
roads, ways, trails, lanes, bridges, trestles and
any other public way.
"John Dahl Park Visitor Access Trail" means the snowmobile trail through John Dahl
Park from the Snowmobile
Compound
to Second
Beach for exclusive use by visiting
snowmobilers
using the local hotel/motel or bed and breakfast accommodations
and is
identified on Appendix "A"attached
hereto and forming part of this bylaw.
"Private Lands" means lands other than public lands.
"Public Lands" means lands owned by the District of Mackenzie or Crown lands.
"Residential Premises" means one or more dwelling units designed for the
accommodation
of one or more persons.
"Second Beach Parking Lot" means the three parking lot locations situated at Second
Beach on Morfee Lake and is identified on Appendix "A"attached hereto and forming
part of this bylaw.
"Sewage Lagoon" means lands that are set apart and used for municipal sewage
treatment and is identified on Appendix "A"attached
hereto and forming part of this
bylaw.
"Snowmobile
Compound" means the secured compound located at the Recreation
Complex for exclusive use by visitors using hotel/motel or bed and breakfast
accommodations.
"Water Distribution Areas" means lands which accommodate
reservoirs, wells, pump
2.0
2.1
3.0
3.1
3.2
3.3
3.4
4.0
4.1
5.0
5.1
5.2
5.3
- 2
-
Bylaw No. 1168
stations that are set apart and used for water distribution purposes.
Operations
Prohibited without Registration
A person must not operate or authorize or permit another person to operate an all
terrain vehicle unless he or she holds a certificate of registration for that all terrain
vehicle in the form required under the Provincial Motor Vehicle (AllTerrain) Act and
unless the prescribed identification is displayed on the machines
as set out in the
Provincial Motor Vehicle (AllTerrain) Act.
Operation of AllTerrain Vehicles
A person shall not operate an all terrain vehicle within the District of Mackenzie:
(a)
on or across any highway;
(b)
within, on or across Airport lands,
(c)
within, on or across the cemetery,
(d)
within, on or across the sewage
lagoon,
(e)
on the tracks of any railway;
(f)
within, on or across any water distribution area.
(g)
on private lands unless such private lands consist of a lot or parcel of land or
contiguous
lots or parcels of lands owned or leased by the same person or
persons, being one (1) hectare (2.5 acres) or more in size and in a rural zone
as specified in the District of Mackenzie Zoning Bylaw.
(h)
within any area of the District of Mackenzie as identified on Appendix "A"
attached
hereto and forming part of this bylaw.
Notwithstanding
Sections 3.1 snowmobile
usage is permitted at the Second Beach
Parking Lot for the purpose of accessing
Morfee Mountain snowmobile trails.
A person shall not operate an all terrain vehicle in a careless,
reckless, or negligent
manner so as to endanger
or cause injury or damage
to a person or to property or in
such a manner so as to disturb the quiet, peace, rest, enjoyment,
comfort and
convenience
of individuals or the public.
The provisions of this bylaw shall be subject to any restrictions and prohibitions
prescribed
by the Park Act, the Forest Act or the Land Act or in any regulations made
under those Acts.
Exemptions
Council may exempt an individual or individuals from the provisions of this bylaw, upon
application for such exemption being made by or on behalf of the individual or
individuals.
Such exemption shall be for a specific area and shall be for a period of not
more than 365 days.
Offence and Penalty
A person who contravenes
this Bylaw commits an offence.
A person who commits an offence against this Bylaw is liable on conviction to a fine of
not more that five hundred ($500.00) dollars.
if a person is convicted of an offence against this bylaw the Justice may, in addition to
imposing a fine under Section 5.2, make an order prohibiting that person from
operating an all terrain vehicle or a class of all terrain vehicle for the length of time the
justice considers
advisable.
6.0
Administration
- 3
-
Bylaw N0. 1168
6.1
This bylaw shall be administered
by:
(a)
an enforcement officer as defined in the Provincial Motor Vehicle (AllTerrain)
the Director of Public Works of the District of Mackenzie;
or
Act; or
(b)
(c)
Bylaw Enforcement
Officer; or
(d)
RCMP officer.
7.
Citation
7.1
This bylaw may be cited as "AllTerrain Vehicle Bylaw No. 1168, 2004".
7.2
Bylaw No. 1095 cited as "All-Terrain Vehicle Regulation Bylaw No. 1095, 2001" is
hereby repealed.
READ a first time this
13th
day of
December
, 2004.
READ a second time this
13th
day of
December
, 2004.
READ a third time this
13th
day of
December
, 2004.
ADOPTED this
10th
day of
Janua
, 2005.
I hereby certify the foregoing
to be a true and correct copy
of District of Mackenzie Bylaw
No. 1168 cited as ''All Terrain
Vehicle Bylaw No. 1168, 2004".
Director of Corporate Administration
Director of Corp rate Administration
BYLAW NUMBER 1168
APP
NDIX "A"
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ARES
ANDGANTAHAZPARK.
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ID:
ALLTEQRAINVEHICLESAREPROHIBITED
WITHIN
THE FENCEDAREAAT THE SEWAGELAGOON.
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INOS:
ALL TERRAINVB-IICLS ARE PROHIBITED
FROM COOUAWALDIE
ROAD EAST TO
HYDROLINESAND FROM MILLROAD
SOUTH TO B.C. RAILTRACKS
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THE FENCEDAREAAT THE CEMETERY.
AER 5
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ND EEMIOW.
AT
ALL TERRAINVB-IICLS ARE PROHIBITED
FROM THE TOWN.GOLF COURSE.RODEO
GROUNDS.
AND CROSS COUNTRYSKI
TRAILSINCLUDINGTHESURROUNDINGAREA
TO THESERECRBTIONALSPORTS.
EA
6 ->
SHOE
PIHIG
LOTS
ALL TERRAINVB-IIC|£S
ARE PROHIBITED
FROM SECONDBEACHPARKINGLOTS
EXCEPTSNOWMOBILESFOR THE PURPOSE
OF ACCESSINGMORFE MT.SNOWMOBILE
TRAIL
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(WINE) BYVISITORSUSINGTHE LOCALHCITE./MOTEI.
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AOOOMMOIMIIONS
FORACCESS
TO SECONDBEACHPARKINGLOTANDMORFE
MOUNTAINSNOWMOBILETRAIL