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THE TOWN OF BEAUSEJOUR
BY-LAW NO. 1667/11
BEING A BY-LAW OF THE TOWN OF BEAUSEJOUR TO REGULATE
THE OPERATION OF SNOWMOBILE AND ALL TERRAIN
VEHICLES WITHIN THE TOWN OF BEAUSEJOUR
WHEREAS Section 45(1) and 46(1) of the Off-Roads Vehicle Act, being
Chapter 31 of Statutes of Manitoba, 1987 provides as follows:
45(1) Subject to subsections (2), (3), (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 on any portion thereof; and (b) prohibiting the
operation of designated off-road vehicles upon a designated right-of-way or a specified
portion thereof.
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, (b) prescribing areas in which the operation
of designated off-road vehicles shall be permitted or prohibited; and (d) in respect of a
Municipality; by the Council.
AND WHEREAS Council feels it is in the best interest of the residents of the
Town of Beausejour to regulate "Snowmobile and All Terrain Vehicles" traffic within the
Town of Beausejour.
THEREFORE it is hereby enacted as a by-law of the Town of Beausejour as
follows:
1.
DEFINITIONS, where used in this by-law:
(A)
Public Route: designates routes which allow Snowmobile and
All Terrain vehicles access/travel to designated areas of
Townsite and are recorded on a plan retained in the Office of the
Town of Beausejour and shown outlined on Appendix "A"
attached.
(B)
Words or expressions used in this By-Law and not defined in
this By-Law have the same meanings as assigned to them in the
Manitoba Off-Road Vehicles Act and the Manitoba Highway
Traffic Act.
(C)
All-Terrain Vehicle means an off-road vehicle that operates or
travels on four low-pressure tires; has a seat designed to be
straddled by the operator of the vehicle and has handlebars for
steering the vehicle.
2.
No person shall, subject to the provisions of the by-law, operate a
Snowmobile and All Terrain Vehicle in or upon any land within the
Town of Beausejour.
3.
Nothing within the provisions of this by-law shall be deemed to be
contravene the statutes of the Province of Manitoba including the
Off-Roads Vehicle Act, the Highway Traffic Act and the regulations
pertaining to those acts.
BY-LAW NO. 1667/11
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4.
Any person who is qualified to operate a snowmobile or an all terrain
vehicle may, during the period from October 15th of one year to April
15th of the next following year, operate a snowmobile or an all terrain
vehicle within the limits of Beausejour on the designated route attached
as Appendix "A" hereto provided said designated route are snow
covered.
5.
The speed limit on the route, within the Town of Beausejour shall be
the same as set under the HIGHWAY TRAFFIC ACT for motor
vehicle traffic.
6.
No person shall operate a snowmobile or an all terrain vehicle within
the community of Beausejour between the hours of 11:00 o'clock P.M.
in the afternoon of one day and 7:00 o'clock in the forenoon of the next
day.
7.
Notwithstanding the provisions of Section 3 of this by-law, the Town of
Beausejour may waive any or all provisions of this by-law when a state
of emergency is declared to exist.
8.
An officer, as defined for purposes of this act shall have the power to
require any person or persons found in contravention of the provisions
of this by-law to cease and desist said action and/or summon said
person before any competent court in the Province of Manitoba.
9.
Nothing herein relieves the operator of a snowmobile vehicle or an all
terrain vehicle from any liability for any offence or violation of any
provision of this by-law.
10.
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 and liable, on summary conviction, to a
fine of not less than One Hundred ($100.00) Dollars and not greater
than Five Hundred ($500.00) Dollars.
11.
That By-Law No. 1527/03 and all amendments thereto be hereby
repealed.
DONE AND PASSED in Council at the Town of Beausejour, this day of
,
A.D., 2011.
THE TOWN OF BEAUSEJOUR
MAYOR
CHIEF ADMINISTRATIVE OFFICER
Read a First time on the
day of
, A.D. 2011
Read a Second time on the
day of
, A.D. 2011
Read a Third time on the
day of
, A.D. 2011
BY-LAW NO. 1667/11
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