This is the exact embedded text of the captured official document.
Snapshot 3d5038edb6c8 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Altona - By-law No. 1736/2014
Page 1 of 6
THE TOWN OF ALTONA
Bylaw 1736/2014
Being a By-law to regulate the operating of off-road vehicles within the Town of
Altona
WHEREAS "The Off-Road Vehicles Act" C.C.S.M. Cap. 031 (the "Act") provides as
follows:
32(1) No person shall operate an off-road vehicle
(a) on privately owned land without the express or implied consent of the owner
or lawful occupier of the property; or
(b) on Crown land allocated by lease or permit, without the express or implied
consent of the lawful occupier of the property, unless the operator is lawfully
authorized to under such land; or
(c) within 30 metres of a dwelling between the hours of twelve midnight and
seven o' clock in the morning, unless the dwelling is located on the operator's
own property or property under the operator's control or as an invited guest;
or
(d) within 30 metres of a playground, or areas set aside for other recreation use,
unless the area is enclosed or fenced or unless the off-road vehicle is required
for the maintenance or operation thereof.
33(1) except as may be authorized under another provision of this Act or under the
regulations; no person shall operate an off-road vehicle
(a) upon or across a roadway or the shoulder thereof;
(b) on or across the median of a divided highway;
(c) on the right-of-way of an interchange; or
(d) on or across a sidewalk
38(1) Notwithstanding any other provision of this ACT, where a storm or blizzard renders
a roadway impassable to vehicular traffic, a local authority may authorize, for a fixed
period, the operation of designated off-road vehicles on the roadway or shoulder or
designated portions thereof; and during that period, operators may operate off-road
vehicles on the roadways or shoulders.
38(2) For the purpose of subsection (1). "Local authority" means;
(a) the council of an incorporated city, town, village or another municipality;
and
Town of Altona - By-law No. 1736/2014
Page 2 of 6
(b) a community or incorporated community, as defined in The Northern
Affairs Act;
(c) the resident administrator and council of a local government district; or
(d) the minister of Aboriginal and Northern Affairs with respect to Northern
Manitoba
45(1) Subject to subsections (2), (3) and (4), the traffic authority of a highway may
make by-laws and the minister may make rules supplementary to, or in addition to, but
not contrary to any provision of this Act or the regulations made under this Act
(a) permitting or prohibiting the operation of designated off-road vehicles across
a roadway and shoulder at any place or at a designated place along the
highway or any portion thereof.
(a.1) permitting the operation of designated off-road vehicles upon roadway
or the shoulder of a roadway; and
(b) prohibiting the operation of designated off-road vehicles upon a designated
right-of-way or specified portion thereof.
45(2) After a traffic authority has given second reading to a By-law which affects a
departmental road, it shall forward the By-law to the minister for approval of the minister
or a person authorized by the minister who may approve the By-law or require the
traffic authority to comply with certain conditions or requirements before approving the
By-law.
46(1) Rules supplementary to, or in addition to, but not contrary to any other provision
of this Act or the regulations made under this Act
(a) prescribing the periods of the day, or of the year, during which designated off-
road vehicles shall not be operated;
(a.1) prescribing the maximum speed above which off-road vehicles shall not be
operated;
(b) prescribing areas in which the operation of designated off-road vehicles shall
be permitted or prohibited; and
(c) fixing penalties for violations of By-laws passed under this section;
may be made
(d) in respect of a municipality, by the council thereof..."
AND WHEREAS the Council of the Town of Altona in open session duly assembled
enacts:
1. THAT unless the context specifically indicates otherwise, the meaning of the terms
used in this By-law shall be as follows:
Town of Altona - By-law No. 1736/2014
Page 3 of 6
DEFINITIONS
(a) Highway means any place or way, including any structure forming part thereof,
which or any part of which the public is ordinarily entitled or permitted to use for
the passage of vehicles, with or without fee or charge thereof; but does not
include any area designed or intended, and primarily used for the parking of
vehicles and the necessary passage-ways thereon;
(b) Intersection means the area embraced within the straight projection of the
lateral boundary lines of two or more highways that join one another at an
angle, whether or not one of the highways crosses another;
(c) Off-road vehicle means any wheeled or tracked motorized vehicle designed or
adapted for cross-country travel on land, water, ice, snow, marsh, swamp land
or other natural terrain and includes, but is not limited to,
(a) a snowmobile
(b) an all-terrain vehicle
(c) a mini-bike, dirt-bike and trail-bike
(d) a miniature vehicle such as a dune or sport buggy,
(e) an off-road maintenance machine,
(f) an amphibious vehicle, and
(g) any motor vehicle, or snow vehicle that is being driven elsewhere than on a
highway, whether or not it is registered under The Drivers and Vehicles Act,
but does not include an implement of husbandry, farm tractor, special
mobile machine, garden tractor, lawn tractor or golf cart;
(d) Operate means to drive or to be in actual physical control of an off-road
vehicle;
(e) Operator means a person operating or driving an off-road vehicle or a person in
actual physical control of an off-road vehicle;
(f) Owner includes a person, in possession of an off-road vehicle under a contract
providing that the ownership, title and property therein is to vest in the person at
a subsequent time upon payment of the whole of part of the price or the
performance of any other condition;
(g) Right-of-Way means an area of land acquired for a public thoroughfare
including any facility incidental thereto;
(h) Roadway means the portion of a highway that is improved, designed or
ordinarily used for vehicular traffic, and includes that portion thereof that, but for
the presence of a safety zone, would be ordinarily so used, but does not include
the shoulder; and where a highway includes two or more separate roadways,
the term "roadway" refers to any one roadway separately and not all the
roadways collectively;
(i) Shoulder means the portion of a highway contiguous with the travelled way for
accommodation of stopped vehicles for emergency use and or lateral support
of base and surface course;
Town of Altona - By-law No. 1736/2014
Page 4 of 6
(j) Snowmobile means a vehicle that has a gross vehicle weight not exceeding 454
kilograms, and;
(a) Is not equipped with wheels, but in place thereof is equipped with tractor
treads alone or with tractor treads and skis, or with skis and a propeller, or is a
toboggan equipped with tractor treads or a propeller,
(b) Is designated primarily for operating over snow or ice, and is used primarily for
that purpose, and;
(c) Is designed to be self-propelled.
2. THAT no person shall operate an off-road vehicle within the limits of the Town of
Altona except as permitted in this By-law or under the Act.
3. THAT no person who is permitted in this By-law or under this Act to operate an off-
road vehicle within the limits of the Town of Altona shall operate said off-road
vehicles:
(a) In a careless manner or without due care and attention; or
(b) Without reasonable consideration for other persons and property or in a
manner likely to cause damage or injury to other persons and property.
4. THAT a person who is a resident of the Town of Altona and who is otherwise
qualified under the Act to operate a snowmobile may, when reasonable snow
conditions exist operate a snowmobile within the Town of Altona on the roadway
or shoulder and shall be restricted to:
(a) the most direct route exiting the Town of Altona from their residence and
returning to same, excluding PTH #201 west of Road 5W (9th Street).
(b) the operation of snowmobiles on school property is prohibited.
(c) the operation of any snowmobile within any residential area in the Town of
Altona shall not be permitted between the hours of midnight and 7:00 am.
(d) any person operating a snowmobile within the limits of the Town of Altona
must be sixteen years of age or over and must hold a valid driver's license.
5. THAT snowmobile operators who do not reside within the limits of the Town of
Altona shall be permitted to enter the limits of the Town of Altona, provided that
they take the most direct route to their place of destination and back as
provided for in the preceding section (4).
6. THAT no person shall operate a snowmobile within the Town of Altona at a speed
that is greater than 25 kilometers an hour.
7. THAT where a snowmobile is being operated on a highway or shoulder as
permitted in this By-law the operator shall;
(a) Drive that snowmobile as close to the right hand edge of the roadway or
shoulder as possible; and
(b) Drive in a single line with other snowmobiles.
Town of Altona - By-law No. 1736/2014
Page 5 of 6
8. THAT notwithstanding any other provisions of this By-law and the Act, where a
storm or blizzard renders a roadway impassable to vehicular traffic, the Mayor of
the Town of Altona or his/her designate may authorize, for a fixed period, the
operation of snowmobiles on the roadways within the Town of Altona.
9. THAT any employee of the Town of Altona who is properly licensed under the Act
may, when so required by the Town of Altona and for its purposes, operate a
licensed off-road vehicle owned by the Town of Altona on any roadway and on
any shoulder of a roadway located within the Town of Altona and may also
operate said licensed off-road vehicle for maintenance purposes on any
playground or other area set aside for recreational purposes that is owned by
the Town of Altona.
10. THAT where an offence, resulting from the violation of any provision of this By-
Law;
(a) is committed by means of, or with respect to, off-road vehicles; or
(b) occurs by reason of, or with respect to, the ownership, use, or operation of an
off-road vehicle
the owner of the off-road vehicle may be charged with a commission of the
offence and if the judge or justice before whom the charge is tried, is satisfied
that the offence was committed, the owner is guilty of the offence and is liable,
on summary conviction, to the penalty herein provided, unless the owner satisfies
the judge or justice that, at the time of the violation the off-road vehicle was in
the possession of a person without the consent of the owner.
11. THAT nothing in subsection (9) relieves the operator of an off-road vehicle from
any liability for any offence or violation of any provision of this By-Law.
12. THAT any person who violates, contravenes, or disobeys or refuses, omits,
neglects, or fails to observe, obey or comply with any provision of this By-law is
guilty of an offence of not less than $100.00 or more than $1,000.00 or, in default,
to imprisonment for a period not exceeding thirty (30) days.
13. THAT By-Law 1405 is hereby repealed.
Town of Altona - By-law No. 1736/2014
Page 6 of 6
DONE AND PASSED by the Council of the Town of Altona assembled this 14th day of
July, A.D. 2015
Mayor
Chief Administrative Officer
Read a first time this 9th of December, 2014
Read a second time this 9th of December. 2014
Read a third time this 14th of July, 2015