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## TOWN OF ARBORG BY-LAW NO. 8-2009
## Being a By-law of the Town of Arborg to Restrict and to Regulate the Operation of Off-Roadway Vehicles in the Town of Arborg
WHEREAS Section 232(1) of The Municipal Act provides in part as follows:
- (g) the operation of off-road vehicles on public or private property;
232(1) A council may pass by-laws for municipal purposes respecting the following matters:
- (o) the enforcement of by-laws.
AND WHEREAS Section 236(1) of The Municipal Act provides a by-law passed under Section 232(1) (o) may include provisions for remedying a contravention of by-laws, including:
- (i) creating offences;
- (b) remedying contravention of by-laws, including
- (ii) Subject to Regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the By-law;
- (iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of the vehicles related to a contravention;
- (iii) providing that an amount owing under sub-clause (ii) may be collected in any manner in which a tax may be collected or enforced under the Act;
- (V) charging and collecting costs incurred in respect of acting under sub-clause
- (vi) impounding a sentence of imprisonment for not more than six months for the commission of offences or non-payment of fines.
AND WHEREAS Section 45 of The Off-Road Vehicles Act provides, subject to the Act, a Traffic Authority may pass by-laws respecting the operation of off-road vehicles;
AND WHEREAS The Highway Traffic Act S.M. 1985-86, c.3 - Cap. H60, provides, as the Traffic Authority, the Town of Arborg may pass by-laws for the control and regulation of traffic and vehicles;
AND WHEREAS the Council of the Town of Arborg considers it desirable to restrict and to regulate the operation of Off-Road Vehicles within the Town of Arborg;
## NOW THEREFORE BE IT HEREBY ENACTED as follows:
1. Title
This By-law may be referred to as the "Off-Road Vehicle By-law" of the Town of Arborg;
## 2. Definitions
In this By-law:
"Council" means the Council of the Town of Arborg;
"Off-Road Vehicle" means a vehicle as defined in the Off-Road Vehicles Act and for ease of reference means any wheeled or tracked motorized vehicle designed or adapted for cross country travel on land, water, ice, snow, marsh or swamp land or other natural terrain, and without limiting the generality of the foregoing includes:
- (b) An all-terrain vehicle;
- (a) a four-wheel drive motor vehicle, a motorcycle or a snow vehicle not registered under The Highway Traffic Act;
- (c) A mini-bike, dirt-bike and trail bike;
- (e) An amphibious vehicle;
- (d) A miniature vehicle such as a dune or sport buggy;
- (f) A snowmobile;
- (g) An off-road maintenance machine; and
- (h) A "pocket" motorcycle
but does not include:
- (i) a farm tractor
- (i) an implement of husbandry
- (k) a special mobile machine
- (m) a golf cart
- (1) a garden or lawn tractor; and
- "Person" includes an individual, partnership, firm and/or corporation;
"Private Property" means any real property which is not owned or under the control and management of the Town of Arborg;
"Public Property" means any real property owned or under the control and management of the Town of Arborg;
means a highway, alley or other road designed and intended for or used by the
"Town"
means the Town of Arborg
## 3. Off-Road Vehicles
- (1) The following designated Off-Road Vehicles may be operated upon a street within the Town of Arborg, with the exception of:
- P.R. No. 326 - from PTH No. 68 to River Road; and River Road east to Arborg Avenue; and
3. the streets or portion thereof under the authority of the Province of Manitoba being:
- Main Street from River Road to Third Avenue,
Which are shown on the Map attached hereto as Schedule "A", provided the designated off-road vehicles are operated in compliance with subsection (3):
- (a) Snowmobiles;
- (b) All Terrain vehicles;
- (c) A mini-bike, dirt bike, trail-bike and a "pocket" motorcycle or dirt bike.
- 2) The following designated Off-Road Vehicles are not permitted to be operated upon a street or any other public property within the Town:
- (a) A four-wheel drive motor vehicle, a motorcycle or a snow vehicle not registered and licensed under The Highway Traffic Act or any other Act of the Legislature passed and enacted to govern the registration of vehicles;
- (b) A miniature vehicle such as a dune or sport buggy;
- (c) An off-road maintenance vehicle; and
- (d) An amphibious vehicle.
- (3) The Off-Road Vehicles designated in subsection (1) (a), (b) and (c) are permitted to operate upon a street within the Town provided the operation of the designated off-road
- (a) Is the most direct route to and from a residence or other place of origination and the limits of the Town; and
- (b) Does not exceed a speed of 30 kilometers per hour; and
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- (c) Is operated by a person over the age of 16 years, and the off road vehicle is licensed and registered under The Off Road Vehicle Act, and
- (d) Is operated by a person wearing on his head a properly adjusted and securely fastened helmet in compliance with the requirements contained in the regulations under The Off Road Vehicle Act; and
- (e) Is not operated in a careless manner or without due care and attention; and
- (f) Is not operated without reasonable consideration for other persons and property or in a manner likely to cause damage or injury to other persons and property.
- (4) No person shall operate a designated off-road vehicle:
- (a) On private property without the express or implied consent of the owner or lawful occupier of the property;
- (b) Within 30 meters of a dwelling between the hours of 12:00 AM and 7:00 AM, unless the dwelling is located on the operator's own property or property under the operator's control or as an invited guest; or
- (c) Within 30 meters of a playground, or area set aside for other recreational uses, unless the area is enclosed or fenced.
## 4. Offence And Penalties
Any person who contravenes a provision of this By-law is guilty of an offence and upon conviction is liable to a fine up to a maximum of Five Hundred Dollars (S500.00).
## 5. Repeal And Enactment
- (1) By-law No. 2-89 is hereby repealed.
- (2) This by-law shall come into full force and take effect upon passage thereof.
DONE AND PASSED by the Council of the Town of Arborg, in Council duly assembled at Arborg, Manitoba this 14* day of October A.D. 2009.
Randy Sigurdson Mayor
Legains bardarson
Lorraine Bardarson Chief Administrative Officer
Read a first time this
Read a second time this
Read a third time this
23rd day of
23rd
day of
14"
day of
September
September
October
A.D.
A.D.
A.D.
2009
2009
2009
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Town of Arborg Roll Entry Map
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