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THE TOWN OF MINNEDOSA
BY - LAW NO. 2485
BEING A BY - LAW OF THE TOWN OF MINNEDOSA TO REGULATE THE
OPERATION OF SNOWMOBILES WITHIN THE BOUNDARIES OF THE TOWN
OF MINNEDOSA.
WHEREAS the Off-Road Vehicles Act, (hereinafter referred to as "the Act" provides in
part 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;
(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 otherwise
lawfully authorized to enter such land;
(c) within 30 m 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;
(d) within 30 m of a playground, or area set aside for other recreational use,
unless the area is enclosed or fenced or unless the off-road vehicle is required
for the maintenance or operation thereof.
32(2) No person shall operate an off-road vehicle in a parking lot unless it is used to
gain access
(a) to or from an off-road vehicle use area; or
(b) to the vehicle used to transport the off-road vehicle to an off-road vehicle use
area.
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 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.
33(2) No person shall operate a four-wheel drive motor vehicle registrable under The
Highway Traffic Act on any portion of a right-of-way except where
(a) it is used for the maintenance of the right-of-way or the construction, repair
or maintenance of public utilities; or
(b) it is registrable as a motor vehicle under The Highway Traffic Act and is
being operated upon the roadway or shoulder portions of the right-of-way.
33(3) For the purposes of subsections (2) and 26(3), "registrable" means that the four-
wheel drive motor vehicle, motorcycle or snow vehicle when manufactured, complied
with the Motor Safety Act (Canada) and was eligible to be registered as a motor vehicle
under The Drivers and Vehicles Act.
35(1) A person may operate an off-road vehicle directly across a roadway or shoulder
(a) at or within 5 m of an intersection, unless prohibited by the traffic authority;
(b) at any other place along the highway if the distance to the nearest intersection
is 3 km or more, unless prohibited by the traffic authority;
(c) at any place designated by the traffic authority as a place on the highway
where off-road vehicles may cross a roadway and shoulder; or
(d) along any highway or portion thereof where the traffic authority has permitted
off-road vehicles to cross without regard to location.
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35(2) No person shall operate an off-road vehicle directly across a roadway and shoulder
unless he or she hold a license other than one that has a restriction on operating off-road
vehicles.
35(4) Before entering onto a roadway or shoulder; the operator of an off-road vehicle
shall
(a) bring the off-road vehicle to a stop; and
(b) yield the right-of-way to pedestrians crossing the roadway or shoulder and to
traffic that is approaching and is so close that it constitutes a hazard.
35(5) Where an operator of an off-road vehicle intends to cross a roadway and shoulder,
the operator shall enter and cross at an angle of approximately ninety degrees to the
direction of the roadway and shoulder.
35(6) A person may operate an off-road vehicle directly across a sidewalk
(a) at or within 5 m of an intersection, unless prohibited by the traffic authority;
(b) at any other place along the sidewalk if the distance to the nearest intersection
is 3 km or more, unless prohibited by the traffic authority;
(c) at any place designated by the traffic authority as a place on the highway
where off-road vehicles may cross a sidewalk; or
(d) along any sidewalk or portion of one where the traffic authority has permitted
off-road vehicles to cross without regard to location.
35(8) Before crossing a sidewalk, the operator of an off-road vehicle shall
(a) bring the off-road vehicle to a stop; and
(b) yield the right-of-way to pedestrians and other traffic.
35(9) Where an operator of an off-road vehicle intends to cross a sidewalk, the operator
shall enter and cross at an angle of approximately 90 degrees to the direction of the
sidewalk.
37 Where the operator of an off-road vehicle is permitted to operate an off-road vehicle
across a roadway and shoulder, the operator shall not cross the roadway and shoulder at
the same time as any other off-road vehicles.
38(1) Notwithstanding any other provisions 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 purposes of subsection (1), "local authority" means
The council of
(a) an incorporated city, town or village or another municipality
40(1) Notwithstanding any other provisions of this Act, the local authorized enforcement
agency may issue a special permit authorizing the operation of off-road vehicles,
participating in parades or special events, to be operated upon a roadway or shoulder.
46(1) Rules supplementary to, or in addition to, but not contrary to any provision of this
Act or the regulations made under this Act
(a) prescribing the periods of the day, or 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;
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(b) prescribing areas in which the operation of the designated off-road vehicles
shall be permitted or prohibited; and
(c) fixing penalties for violation of by-laws passed under this section;
may be made
(c) in respect of a municipality, by the Council thereof,
46(2) Rules made under subsection (1) shall be made
(a) where the rule making authority is a municipal council, the resident
administrator of a local government district, or the community council of a
community in Northern Manitoba.
47(1) No person has a cause of action for damages against a traffic authority having
jurisdiction over a roadway or shoulder for injury, death, or loss suffered by that person
arising out of or in connection with the operation of an off-road vehicle on a roadway or
shoulder unless the injury, death or loss results from the negligence of the traffic
authority or someone acting on behalf of the traffic authority.
47(2) No person has a cause of action for damages against a traffic authority for injury,
death or loss suffered by that person arising out of or in connection with the operation of
an off-road vehicle in or upon a place or area that extends beyond the outer limits of any
roadway and shoulder.
AND WHEREAS the Town of Minnedosa deems it advisable to establish a By-
law to regulate the operation of certain off-road vehicles, known as snowmobiles within
the limits of the Town of Minnedosa;
NOW THEREFORE BE IT AND IT IS HEREBY ENACTED as a
By-law of the Town of Minnedosa in Council duly assembled as follows:
1. THAT this By-law shall be known as the Town of Minnedosa's Snowmobile Control
By-law.
2. DEFINITIONS:
Unless the context specifically indicates otherwise, the meaning of the terms used in this
By-law shall be as follows:
(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
therefore, and includes all the space between the boundary lines 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 with 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) "Local authorized enforcement agency" means any member of the Royal
Canadian Mounted Police Force or any other police officer, special constable
or other person, employed for the preservation and maintenance of the public
peace;
(d) "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,
i)
a snowmobile
but does not include an implement of husbandry, farm tractor, special mobile
machine, garden tractor, lawn tractor or golf cart.
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(e) "Operate" means to drive or to be in actual physical control of an off-road
vehicle;
(f) "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" means owner as defined in The Driver and Vehicles Act;
(g) "Peace Officer" means
i.)
any member of the Royal Canadian Mounted Police
Force and any other police officer employed for the
preservation and maintenance of the public peace;
ii.)
any person lawfully authorized to direct or regulate
traffic, or to enforce the Act or traffic by-laws or
regulations.
(h) "Right-of-way" means an area of land acquired for a public thoroughfare
including any other facility incidental thereto;
(i) "Roadway" means the portion of a highway that is improved, designed or
ordinarily used for vehicular traffic, and includes the 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;
(j) "Shoulder" means the portion of a highway contiguous with the traveled way
for accommodation of stopped vehicles for emergency use and for lateral
support of base and surface courses;
(k) "Snowmobile" means a vehicle that has a gross vehicle weight not exceeding
454 kilograms and
i.)
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,
ii.)
is designed primarily for operating over snow or ice, and
is used primarily for that purpose, and
iii.)
is designed to be self-propelled.
(l) "Traffic Authority" means in the case of highways within municipalities,
except those on privately owned land, the municipality within the limits of
which the highway is situated.
3. THAT no person shall operate a snowmobile within the limits of the Town of
Minnedosa except as permitted in this By-law or under the Off-Road Vehicles
Act.
4. THAT no person shall operate a snowmobile:
(a) in a careless manner or without due care and caution; or
(b) without reasonable consideration for other persons and property or in a
manner to cause damage or injury to other persons and property; or
(c) across Main Street where not marked as a Designated Trail; or
(d) without possessing a valid Driver's License and a current snowmobile
license and validation sticker.
5. THAT a person who is qualified under the Off-Road Vehicle Act to operate a
snowmobile may, while the designated routes are snow covered, operate a
snowmobile within the Town of Minnedosa on the designated routes which are
indicated and set out on the map attached to this By-law as Schedule "A".
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6. THAT an operator who requires access by snowmobile to the designated routes
from his/her residence shall use the most direct route to the designated route at a
maximum speed of 30 kilometers per hour.
7. THAT no operator shall operate a snowmobile within the Town of Minnedosa
at a speed greater than 30 kilometers per hour when within 30 meters of a
residence.
8. THAT it shall be lawful to operate a snowmobile under the provisions of this
By-law between the hours of 7:00 a.m. and 12:00 midnight.
9. THAT where a snowmobile is being operated on a roadway or shoulder as
permitted in this By-law the operator shall:
(a) drive the snowmobile as close to the right hand edge or curb of the
roadway and shoulder as possible; and
(b) drive in a single line with other snowmobiles.
10. THAT a person who is a non-resident of the Town of Minnedosa and who is
otherwise qualified under the Off-Road Vehicle Act to operate a snowmobile
may, when reasonable snow conditions exist, operate a snowmobile in the Town
of Minnedosa only on the approved designated routes as set out in attached
Schedule "A" or be accompanied by the operator of a snowmobile who resides
within the limits of the Town of Minnedosa.
11. THAT notwithstanding any other provisions of this By-law and the Off-Road
Vehicle Act, where a storm or blizzard renders a roadway(s) impassable to
vehicular traffic, the Mayor (or his/her designate) of the Town of Minnedosa may
authorize, for a fixed period, the operation of snowmobiles on the roadway(s)
within the Town of Minnedosa.
12. THAT no person shall make a false statement and where a peace officer has
reasonable grounds to believe that an offence has been committed; the peace
officer may require the name, address and proof of identity of that person, and
that person shall supply the required information.
13. THAT any person who contravenes Section 12 is guilt of an offence and is
liable on summary conviction for a fine of not more than $5,000.00.
14. THAT a person, who contravenes a provision of the Off-Road Vehicle Act or
the Regulations or of this By-law passed under the authority of this Act, for which
a penalty is not otherwise provided is guilty of an offence and is liable on
summary conviction to a fine of not more than $2,000.00
15. THAT By-law No. 2372 be hereby repealed.
DONE AND PASSED by the Council of the Town of Minnedosa, duly assembled
at the Town of Minnedosa Civic Centre, in Minnedosa, Manitoba this 11th day of
March, 2008.
TOWN OF MINNEDOSA
_______________________
Mayor
_______________________
Chief Administrative Officer
Read a first time this 12th
day of February, 2008
Read a second time this 11th day of March , 2008
Read a third time this 11th
day of March , 2008
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