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THE RURAL MUNICIPALITY OF RITCHOT
By-law No. 5-2018
A by-law to regulate the operation of Off-Road Vehicles in the RM of Ritchot
WHEREAS:
A. The Off-Road Vehicles Act authorizes a municipality to regulate, administer and
enforce rules respecting the operation of off-road vehicles;
B. The Highway Traffic Act authorizes a municipality to, by By-law, fix the maximum
speed at which a vehicle may be driven on a highway of which the municipality is a
traffic authority; and
C. Council of the Municipality deems it advisable to pass a By-law regulating the use
of off-road vehicles within the municipality
NOW THEREFORE the Council of the Rural Municipality of Ritchot enacts as a by-law the
following:
1. DEFINITIONS:
a) "Off-Road Vehicle" means any wheeled or tracked motorized vehicle designed or
adapted for cross country travel on land, water, ice, snow, marsh, swampland or other
natural terrain and includes, but is not limited to,
i. a snowmobile,
ii. an all-terrain vehicle
iii. a mini-bike, dirt bike and trail-bike,
iv. a miniature vehicle such as a dune or sport buggy,
v. an off-road maintenance machine,
vi. an amphibious vehicle, and
vii. 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 golf carts.
b) Unless the context specifically indicates otherwise, the meaning of the terms used in
this by-law shall be as set out in the Off-Road Vehicles Act.
c) "Urban Centres" in the municipality include the urban areas of St. Adolphe, Ste Agathe,
and Ile des Chênes.
d) "Enforcement Officer" means:
a. a police officer as defined in The Police Services Act;
b. a member of the Royal Canadian Mounted Police;
c.
subject to the regulations of The Provincial Offences Act, a person appointed or
designated under an Act to enforce that Act;
d. in relation to a municipal offence, a person appointed or designated under The
Municipal Act or The City of Winnipeg Charter to enforce municipal offences; or
e. any other person or class of persons designated in the regulations of The
Provincial Offences Act.
2. EXCEPT IN ACCORDANCE WITH THIS BY-LAW:
a) No person shall operate an off-road vehicle in the Municipality of Ritchot except as
permitted in this By-law or under the Off-Road Vehicles Act.
b) A person who is qualified under the Off-Road Vehicles Act to operate an off-road vehicle
may operate an off-road vehicle within the Urban Centres of the municipality on the
roadway or shoulder of the designated routes as set out in Schedules "A", "B", and "C"
attached. These routes shall be used to access goods and services such as fuel, food and
machine repairs, and areas outside the Urban Centres.
c) A person who is qualified under the Off-Road Vehicles Act to operate an off-road vehicle
and is ordinarily a resident of an Urban Centre of the municipality or owns or is related
by marriage to the owner of a residence within an Urban Centre of the municipality is
entitled to drive the off-road vehicle along the road or lane immediately adjacent to his
or her residence or the residence of his or her relative to the nearest designated route.
d) Every operator or owner of an off-road vehicle shall, on a signal from an enforcement
officer requiring the operator or owner to do so, immediately bring the off-road vehicle
to a stop or cause the off-road vehicle to be brought to a stop at a place directed by the
enforcement officer and shall not proceed until so directed by the enforcement officer;
and shall forthwith comply with an order of the enforcement officer as to moving the
off-road vehicle from any place.
e) The operator of an off-road vehicle shall give his or her correct identification to an
enforcement officer on demand.
f)
No person shall operate an off-road 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.
g) No person shall operate an off-road vehicle in the RM of Ritchot 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.
h) No person shall operate on off-road 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.
i)
No person under the age of 14 years shall operate on off-road 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 off-road vehicle or parent of the child.
j)
An owner of an off-road vehicle shall not permit a person under the age of 14 years to
operate an off-road 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.
k) No person shall operate an off-road vehicle while carrying more passengers than the
number for which the off-road vehicle was designed.
l)
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.
m) 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.
n) No person shall operate an off-road vehicle when local circumstances make the use of
an off-road vehicle a fire hazard or when Manitoba or the Municipality declares fires are
not permitted.
3. PENALTY:
Any person who contravenes, or disobeys or refuses, omits, or neglects, or fails to
observe, obey or comply with any provision of this By-law is guilty of an offence and
liable to a fine as set out in the Preset Fines and Offence Descriptions Regulation
96/2017 of The Provincial Offences Act, or detention of the off-road vehicle per section
4 of this by-law.
4. DETENTION OF OFF-ROAD VEHICLES:
a) Where an enforcement officer has reason to believe that an offence has been
committed by means of, or in relation to, an off-road 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 ordered by the Provincial
Court.
b) Where an enforcement officer has detained an off-road vehicle, he shall provide to the
owner a seizure notice in the form attached as Schedule "D".
c) Where an off-road vehicle has been detained it shall be subject to the fees and charges
set out below:
a.
Storage charges;
b.
Hook-up fees; and
c.
Towing charges plus fees per loaded kilometre
ENACTED by the Rural Municipality of Ritchot, in Council assembled at St. Adolphe,
Manitoba this 22 day of August, 2018.
------------------------------------------------
Chris Ewen, Mayor
------------------------------------------------
Mitch Duval, Chief Administrative Officer
Read a first time this 8th day of August, 2018.
Read a second time this 22 day of August, 2018.
Read a third time this 22 day of August, 2018
St. Adolphe
MAIN ST
PR210
ST ADOLPHE RD
GAGNON DR
LAGASSE DR
AUBIN DR
Avenue Du Parc
R210
PROTEAU DR
Bartman Drive
HEBERT RD
GERARD DRIVE
PAPILLON DRIVE
PERRON AVE
LECLERC BAY
ST PAUL ST
LUCILLE BAY
PR200
TACHE AVE
DELORME AVE
Parkrose Place
BERNADETTE BAY
Falcon Cove
WILFRED BAY
LAGASSE BAY N
¯
Schedule "A"
St. Adolphe
Off Road Vehicle
Designated Routes
0
190
95
Meters
Document Path: P:\BY-LAWS\2018\By Law 5-2018 - Off Road Vehicles\St Adolphe Map Designated Routes.mxd
Parcel Lines
St. Adolphe ESSO
St. Adolphe Motor Inn
Designated Route
Ste. Agathe
PTH75
PR305E
PRAIRIE RD
PEMBINA TRAIL
PR200
SERVICE RD
LEMOINE ST
ROBERT RD
BREAK
STE AGATHE ST
ABBE DRIVE
HELOISE BAY
BEL-AMI DRIVE
SAMOISET AVE
BISON RD
GRATTON ST
CHEYENNE AVE
ALBERIC BAY
PTH75
¯
Date: 6/21/2018
Schedule "B"
Ste Agathe
Off Road Vehicles
Designated Routes
0
260
130
Meters
Document Path: P:\BY-LAWS\2018\By Law 5-2018 - Off Road Vehicles\St Agathe Map Designated Routes.mxd
Parcel Lines
Designated Route
Ile des Chênes
PTH59
OLD PTH59
MAIN ST
DUMAINE RD
QUEST BLVD
LECLAIRE RD
NOTRE DAME BAY E
LACROIX ST
NOTRE DAME BAY W
DES PIONNIERS AVE
ALLEY
MEADOWLARK BLVD
ST ANTOINE BAY
BONNETEAU AVE
LILAC BAY
NOTRE DAME BAY
PTH59
BONNETEAU AVE
Date: 8/23/2018
Schedule "C"
Ile des Chenes
Off Road Vehicle
Designated Routes
0
130
65
Meters
Document Path: P:\BY-LAWS\2018\By Law 5-2018 - Off Road Vehicles\Ile des Chenes Map Designated Routes.mxd
Parcel Lines
Designated Route
SCHEDULE D
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 Ritchot Off Road Vehicle BY-LAW
____2nd Offence seizure 5 days Pursuant to RM of Ritchot Off Road Vehicle BY-LAW
Vehicle Information: _______________________________________________________________
Vehicle Plate#: ______________________________________ Prov: ________________________
Make: ___________________________________________________________________________
Model: ___________________________________________________________________________
Vehicle 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 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 Ritchot
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)