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Bylaw No. 777-2023
A BY-LAW TO PERMIT AND REGULATE THE USE OF OFF-ROAD VEHICLES IN THE TOWN OF
GILLAM
WHEREREAS The Off-Road Vehicles Act provides that a municipality may pass by- laws:
(i)
permitting the operation of off-road vehicles across or upon a roadway
and shoulder, and
(ii)
prescribing the maximum speed above which off-road vehicles shall not be
operated.
AND WHEREAS The Municipal Act provides authority to the Town of Gillam to pass by-laws
for the taking of enforcement action.
AND WHEREAS the Town of Gillam is of the opinion that it is desirable in the public interest
to pass a by-law regulating the use of off-road vehicles within town limits
NOW THEREFORE the Council of the Town of Gillam in Council assembled at Gillam,
Manitoba, enacts as a by-law the following:
Section 1 - Purpose
1.1
The purpose of this by-law is to permit the use of off-road vehicles across a roadway
or across or upon the shoulder of a roadway upon the operator meeting certain conditions,
and to set the maximum speed above which they shall not be operated.
Section 2 - Interpretation
2.1
This by-law may be referred to as the "Off-Road Vehicles By-Law."
2.2
In this by-law the words have the same meaning as in The Off-Road vehicles
Act.
Section 3 - Permission and Regulation
3.1
A person may operate an off-road vehicle directly across a roadway, or across or
upon the shoulder of a roadway provided that:
a) the operator has reached the age of 16 years; and,
b) in the case of an operator or passenger who is under the age of 16 years,
wear on their head a properly adjusted and securely fastened helmet in
compliance with the requirements contained in the regulations in The
Off-Road Vehicles Act.
Bylaw No. 777-2023
A BY-LAW TO PERMIT AND REGULATE THE USE OF OFF-ROAD VEHICLES IN THE TOWN OF
GILLAM
Section 4 - Maximum Speed
4.1
No person shall operate an off-road vehicle at a speed in excess of 30
kilometers per hour.
Section 5 - Contravention
5.1
Where a person has contravened this By-law, a designated officer or peace officer
may seize and impound the off-road vehicle that was operated at the time of the
contravention.
5.2
Where an off-road vehicle is seized and impounded, it may be released upon the
owner providing proof of ownership satisfactory to the designated officer, and upon
payment of the seizure and impoundment fee of two hundred fifty ($250.00) dollars.
Where an off-road vehicle is not claimed by the owner within 30- days of seizure, the Town
may in its discretion sell or otherwise dispose of the off-road vehicle. Where the off-road
vehicle is sold, the proceeds of the sale shall be applied against the Town's costs of the sale,
and the outstanding seizure and impoundment fees. Where there are excess proceeds from
the sale following the payment of the costs and fees, the Town shall provide the excess
proceeds to the owner of the off-road vehicle.
5.3 The seizure and impoundment fees and the costs of any sale are a debt owing to the
Town.
5.4
A person who contravenes this bylaw is guilty of an offence and is liable on summary
conviction to a fine of not more than $1,000.00 or to imprisonment of
not more than 3 months, or both. In addition to a fine or imprisonment, a person is liable to
a penalty representing the costs incurred by the Town related to the enforcement and
prosecution of this by-law.
DONE AND ENACTED at Gillam, in the Province of Manitoba, this 11th day of February, 2023.
______________________________
Mayor
_____________________________
Chief Administrative Officer
Bylaw No. 777-2023
A BY-LAW TO PERMIT AND REGULATE THE USE OF OFF-ROAD VEHICLES IN THE TOWN OF
GILLAM