Municipality of Souris – Glenwood, Manitoba
· adopted 2004-02-16
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THE TOWN OF SOURIS
BY-LAW NO. 1784
A By-law of the Town of Souris
respecting the operation of snowmobiles
and snow vehicles within the town limits.
WHEREAS Section 46(1) of The Off-Road Vehicles Act S.M. 1987-88, c.64, Cap 031 (the
"Act"), provides that: 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;
(B) prescribing areas in which the operation of 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 in
respect of a municipality, by the Council thereof;
AND WHEREAS Section 33(4) of the Act provides that
The Minister may authorize a traffic authority to make by-laws to permit the operation of an
off-road vehicle upon a roadway or the shoulder thereof
AND WHEREAS Section 103 (1) of The Highway Traffic Act S.M. 1985-86,
c.3, Cap H60 provides in part that
"The Council of a Municipality............may by by-law; fix the maximum speed at which
vehicles or any one or more classes of vehicles specified in the by-law may
be driven on any highway or part thereof of which the municipality.........is the
traffic authority and that is described in the by-law"..........
AND WHEREAS the Town of Souris deems it desirable to have a by-law respecting the
operation of certain off-road vehicles namely snowmobiles and snow vehicles within the Town
limits.
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NOW THEREFORE the Mayor and Council of the Town of Souris in meeting
assembled ENACT as follows:
1.
DEFINITIONS
A. Snowmobile means a vehicle that has a gross vehicle weight not exceeding
454 kilogram 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 designed primarily for operating over snow or ice, and is used primarily
for that purpose, and
(c) is designed to be self-propelled.
Snow vehicle means a vehicle that has a gross vehicle weight 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 propeller,
(b) is designed primarily for operating over snow or ice, and is used primarily for
that purpose
(c) is designed to be self-propelled.
B. Off-road vehicle shall be understood to include snowmobiles and snow vehicles.
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
passage of vehicles, with or without fee or charge therefore and includes all the
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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)
"Operate" means to drive or to be in actual physical control of an off-road vehicle;
c)
"Operator" means a person operating or driving an off-road vehicle or a person in
actual physical control of an off-road vehicle;
2.
No person shall operate an off-road vehicle within the limits of the Town of Souris except
as permitted in this By-Law or under the Act.
3.
It shall be lawful to operate a snowmobile or snow vehicle within the Town of
Souris while the designated routes are snow covered between the hours of 7:00 a.m. and
12:00 midnight on the prescribed routes colored yellow and set out
on the map hereto attached marked "A".
4.
Residents of the Town of Souris requiring access to the prescribed routes from
their residence by snowmobile or snow vehicle must use the most direct back streets and
alleys where possible. Where a snowmobile or snow vehicle is being operated on a roadway
or shoulder as permitted in this by-law the operator shall:
(a) drive the vehicle as close to the right-hand edge of the roadway and shoulder
as possible; and
(b) drive in a single line with other snowmobiles or snow vehicles except when
passing another vehicle.
5.
The speed limit for the operation of snowmobiles and snow vehicles on the
prescribed routes and within the Town of Souris shall be 25 kilometers per hour
(15 mph).
6.
A peace officer may detain for not more than four clear days an off-road vehicle
with which an offence has been or is alleged to have been committed; but the off-road
vehicle may be released sooner if security for its production is given the satisfaction of a
justice.
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7.
Any person who violates, contravenes or disobeys or refuses, omits, neglects or
fails to observe, obey or comply with this by-law is guilty of an offence and is
liable on summary conviction to a fine of not more than $100.00 or in default of
payment thereof to imprisonment for a period not exceeding 30 days.
8.
This By-Law shall be effective as and from final passing thereof and receipt of
Ministerial approval.
9.
Repeal: That any previous By-Laws of the Town of Souris designating the operating of
snowmobiles and snow vehicles be hereby repealed.
DONE AND PASSED in meeting assembled at the Town of Souris, in the Province of
Manitoba, this 16 day of February, 2004.
TOWN OF SOURIS
__J. Denbow___
MAYOR
___B. McKinny______
Chief Administrative Officer
Given first reading this 19 day of January 2004.
Given second reading this 16 day of February 2004.
Given third reading this 16 day of February, 2004.
Certified a true and correct copy of By-law No. 1784
passed by the Council for the Town of Souris
duly assembled on February 14th, 2004.
Charlotte E Parham
Charlotte E. Parham, CMMA
Chief Administrative Officer