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THE RURAL MUNICIPALITY OF LA BROQUERIE
BY-LAW NO. 21-2011
BEING A BY-LAW TO REGULATE THE OPERATION OF ALL TERRAIN/OFF ROAD
VEHICLES IN THE RURAL MUNICIPALITY OF LA BROQUERIE
WHEREAS Section 232(1)(g) AND 236 (1) of The Municipal Act, S.M. 1996 C.58
provides authority for the Municipality to pass by-law respecting the operation of all terrain
vehicles on public or private property;
AND WHEREAS Section 46 of The Off-Road Vehicles Act authorizes the Rural
Municipality of La Broquerie to make rules by By-Law supplementary to or in addition to,
but not contrary to any other provision of the said Act or regulations made thereunder
prescribing the periods of the day, or of the year, during which designated all terrain
vehicles shall not be operated, prescribing areas in which the operation of designated all
terrain vehicles shall be permitted or prohibited and fixing penalties for violations of By-
Laws passed under that Section;
AND WHEREAS Section 45 of The Off Road Vehicles Act authorizes a traffic authority of
a municipal road to make By-Laws supplementary to or in addition to, but not contrary to
any provision of that Act or regulations made thereunder permitting or prohibiting the
operation of designated all terrain vehicles across a roadway and shoulder at any place
or at a designated place along the highway or on any portion thereof and prohibiting the
operation of designated all terrain vehicles upon a designated right of way or a specified
portion thereof;
AND WHEREAS the Rural Municipality of La Broquerie is a traffic authority;
NOW THEREFORE the Rural Municipality of La Broquerie deems it expedient to enact a
By-Law regulating the operation of all terrain vehicles in the Rural Municipality of La
Broquerie as follows;
1. DEFINITIONS:
"All-terrain vehicle" means an off-road vehicle that
(a) operates or travels on three or more low-pressure tires;
(b) has a seat designed to be straddled by the operator of the vehicle; and
(c) has handlebars for steering the vehicle;
"R.M." means the Rural Municipality of La Broquerie.
"Municipal Road" 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, and includes any area designated or intended
and
primarily used for the parking of vehicles and the necessary passage ways
thereon;
"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,
(a) a snowmobile,
(b) an all-terrain vehicle,
(c) a mini-bike, dirt-bike and trail-bike,
(d) a miniature vehicle such as a dune or sport buggy,
(e) an off-road maintenance machine,
(f) an amphibious vehicle, and
(g) a four-wheel drive motor vehicle, motorcycle or snow vehicle that is
being driven elsewhere than on a highway, whether or not it is registered
under The Drivers and Vehicles Act, but does not include an implement of
husbandry, farm tractor, special mobile machine, garden tractor, lawn
tractor or golf cart.
"Owner" includes a person, in possession of an all terrain vehicle under a contract
providing that the ownership, title, and property therein is to vest in the person at a
subsequent time upon payment of the whole or part of the price or the
performance of any other condition;
"Playground" means an area owned by the R.M. which is primarily intended for
outdoor recreation use by children;
.
"Private Property" does not include unoccupied R.M. property;
.
"Sidewalk" means "footpath", whether improved or not that is intended primarily
for use by pedestrians but does not include a sidewalk located on private property;
"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 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;
"Snowmobile" means a vehicle that has a gross vehicle weight not 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 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;
2. EXCEPT IN ACCORDANCE WITH THIS BY-LAW:
(a) No person shall operate an all terrain vehicle upon any land within the territorial
boundaries of the R.M. including without limiting the generality of the foregoing, public
reserves, park areas, road allowances, public parking lots, playgrounds, pool areas and
recreation areas but excluding private property with the express consent of the owner or
other person having lawful possession or control of the property.
(b) No person shall operate an all terrain vehicle at a speed greater than is reasonable
and prudent, or in a manner that is not reasonable and prudent under the conditions and
having regard to the actual and potential hazards then existing.
(c) No person shall operate an all terrain vehicle in the R.M. of La Broquerie within 30
metres of a dwelling between the hours of 11:00 p.m. and 7:00 a.m. unless the dwelling is
located on the operator's own property or property under the operator's control or as an
invited guest.
(d) No person shall operate an all terrain vehicle in a careless manner or without due care
and attention, or without reasonable consideration for other persons and property or in a
manner likely to cause damage or injury to other persons and property.
(e) No person under the age of 14 years shall operate an all terrain vehicle unless
supervised and accompanied by and at all times within clear view of the person's parent
or a person who has attained the age of 18 years and authorized by the parent and on
property owned by either the owner of the ATV or parent of the child.
(f) An owner of an all terrain vehicle shall not permit a person under the age of 14 years
to operate an all terrain vehicle, of which he or she is the owner, on a municipal road,
road allowance, public reserve, park area, public parking lot, playground, pool area,
recreation area, or private property other than the owner's.
(g) No person shall operate an off-road vehicle while carrying more persons than the
number for which the off-road vehicle was designed.
(h) No person shall ride on or operate an off-road vehicle unless the person is wearing on
his or her head a properly adjusted and securely fastened helmet in compliance with the
requirements contained in the regulations under The Drivers and Vehicles Act.
(i) Every operator of and passenger in an off-road vehicle in which a seat belt assembly is
provided, shall wear a complete seat belt assembly in a properly adjusted and securely
fastened manner.
(j) No person shall operate on off-road vehicles when local circumstances make the use
of and off road vehicle a fire hazard or when Manitoba declares fires are not permitted.
3. PENALTY:
(a) Any person who contravenes, disobeys, or violates, or refuses, omits, neglects or fails
to observe, obey or comply with any provision on this By-Law is guilty of an offense
punishable on summary conviction and is liable on conviction to a fine not exceeding
$1,000.00 for each offense together with costs of prosecution and in default of payment of
such fine and costs is liable to imprisonment for a period not exceeding six (6) months.
(b) Where an offense, consisting of a violation of any provision of this By-law is committed
by means of operation of an all terrain vehicle, the owner of the all terrain vehicle may be
charged with the commission of the offense and, if the Judge or Justice before whom the
charge is tried, is satisfied that the offense was committed, the owner is guilty of the
offense and is liable on summary conviction to the penalty herein provided for that
offense unless the owner satisfied the Judge or Justice that at the time of the violation,
the all terrain vehicle was in the possession of a person other than the owner or an
immediate family member without the consent of the owner.
4. DETENTION OF ALL TERRAIN VEHICLES
(a) Where a by-law enforcement officer has reason to believe that an offence has been
committed by means of, or in relation to, an all terrain vehicle, he may detain the vehicle
for 5 clear days but the vehicle may be released sooner if security in an amount as
determined by a Justice is provided on the first offence unless otherwise ordered by the
Provincial Court.
(b) Where a by-law enforcement officer has detained an all terrain vehicle he shall
provide to the owner a seizure notice in the form attached as schedule "A".
(c) Where an all terrain vehicle has been detained it shall be subject to the fees and
charges set out as provided herein:
i) storage charges as set out in Highway Traffic Act of $5.50 per day
ii) hook-up - $35.00
iii) towing charges and $1.50 per kilometre
5. SEVERABILITY
If any provision of this By-Law be contrary to any express provision of any applicable
statute, such provision shall be read subject thereto and except as aforesaid this By-Law
and all provisions thereof shall be valid and binding.
6. This By-Law may be cited as the "All Terrain Vehicles" By-Law.
7. That By-Law 16/08 be rescinded.
Done and passed as a by-law of the Rural Municipality of La Broquerie in the Province of
Manitoba this 28th day of September, 2011.
__________________________
______________________________
Claude Lussier
Roger A. Bouvier
Reeve
Chief Administrative Officer
Rural Municipality of La Broquerie
Rural Municipality of La Broquerie
Read a first time this 14th day of September, 2011
Read a second time this 28th day of September, 2011
Read a third time this 28th day of September, 2011.
SCHEDULE A
NOTICE OF SEIZURE AND IMPOUNDMENT OF OFF ROAD VEHICLE
Driver Information_________________________________________________________________
Name:_________________________________________ DOB: ____________________________
Address:_________________________________________________________________________
DL#: _________________________________ PH#: _____________________________________
OTH#: ________________ Province: ____________ Postal code: __________________________
____1st Offence seizure 5 days Pursuant to RM of La Broquerie Off Road Vehicle BY-LAW
____2nd Offence seizure 5 days Pursuant to RM of La Broquerie Off Road Vehicle BY-LAW
Vehicle Information: _______________________________________________________________
Vehicle Plate#: ______________________________________ Prov: ________________________
Vehicle Year: _____________________________________________________________________
Make: ___________________________________________________________________________
Mode: ___________________________________________________________________________
Year: ___________________________Color: ___________________________________________
Serial#: __________________________________________________________________________
Owner Information: ________________________________________________________________
____ Same As Above
Owner Present ___YES ___NO
Name:
____________________________________________________________________________
Address: __________________________________________________________________________
Ph# ______________________________________ Oth# ___________________________________
Time and Date of OFFENCE_________________________________________________________
Time and Date of SEIZURE__________________________________________________________
Date to Redeem Vehicle ____________________________________________________________
The undersigned By-Law Enforcement Officer has reason to believe that the above noted driver was
operating the above noted Off Road Vehicle contrary to the Rural Municipality of La Broquerie
Off Road Vehicle By-Law and has therefore seized the Off Road Vehicle and impounded it.
The Off Road Vehicle is impounded at _________________________________________________
Address________________________________________________Ph#_______________________
(By-Law Enforcement Officer) (Detachment/Force)