All Terrain Vehicles Bylaw 13-2017

Grand Coulee, Saskatchewan

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ALL TERRAIN VEHICLES TOWN OF GRAND COULEE BYLAW NO 13-2017 A BYLAW TO REGULATE THE OPERATION OF ALL TERRAIN VEHICLES IN THE TOWN OF GRAND COULEE The Council of the Town of Grand Coulee, in the Province of Saskatchewan, enacts as follows: 1. This bylaw shall be known and cited as "The All Terrain Vehicles Bylaw". 2. In this Bylaw: a) "All Terrain Vehicle" and/or "ATV" means all terrain vehicles as defined in the All Terrain Vehicles Act. b) "Crown Land" means Crown Land as defined in The Highway Traffic Act. c) "Highway" means a highway as defined in The Traffic Safety Act. d) "Public Land" means public land as defined in the All Terrain Vehicles Act. e) "Private Land" means land other than public land. f) "Vehicle" means a vehicle as defined in The Highway Traffic Act. g) "Town" means the Town of Grand Coulee. 3. No person shall operate an all terrain vehicle on any Crown Land or Private Land within the corporate limits of the Town of Grand Coulee. 4. (a) Notwithstanding the provisions contained in Section 9, Subsection 1, of All Terrain Vehicles Act, it shall be lawful for a resident to operate an all terrain vehicle, from their place of residence or place of business to the closest point of exit and from the closest point of exit to their place of residence or place of business, in any back alley or traveled portion of any public roadway, where necessary, in the Town of Grand Coulee. The route shall be the shortest distance from their place of residence to the exit and from the closest exit to the place of residence of the all terrain vehicle operator. (b) Notwithstanding Section 3 of The Town of Grand Coulee Bylaw 10-2017 (A Bylaw to Control and Regulate Noise) an all terrain vehicle may be operated between the hours of seven (7:00) A.M. and eleven (11:00) P.M. 5. All applicable sections of The All Terrain Vehicles Act and corresponding Regulations shall apply to the operation of all terrain vehicles within the Town limits. 6. All Terrain Vehicle operators shall follow the rules of the road as set out in The Traffic Safety Act and corresponding Regulations. 7. Any all terrain vehicle crossing a highway must: a) Come to a full stop prior to crossing; b) Take the most direct route across the highway and; c) When entering onto a highway, shall do so from an established public highway approach. 8. The provisions of this Bylaw shall not apply to: a) A member of the Royal Canadian Mounted Police, Conservation Officer, Auxiliary Police of Bylaw Enforcement Officer, while exercising their duties as an officer of the law. b) The use of all terrain vehicles during a declaration of a local emergency within Town of Grand Coulee. c) Special events by the approval of Town Council. d) The use of all terrain vehicles as approved by council while in the operation of snow removal or landscaping on private or Town owned property, directly from the place of residence of the owner, by the most direct route and return. e) A land surveyor or contractor registered in the Province of Saskatchewan in the performance of the duties of surveying land or construction work within the Town of Grand Coulee. 9. No person shall operate an all terrain vehicle at a speed greater than twenty (20) kilometres per hour in the limits of the Town of Grand Coulee. 10. No section of this Bylaw shall supersede or preside over any section of The Traffic Safety Act and corresponding Regulations or The All Terrain Vehicles Act and corresponding Regulations. 11. Any person found guilty of an infraction of this Bylaw shall be liable on summary Conviction to the penalties set out in The Traffic Safety Act, The All Terrain Vehicles Act or any corresponding Regulations. 12. Bylaw 03-2009 is hereby repealed. 13. This Bylaw shall come into force on the day of its final passing. SEAL _______________________________ Mayor _______________________________ Administrator Read a third time and adopted this 11th day of April, 2017. _________________________ Administrator NOTE: THE ALL TERRAIN VEHICLES ACT The purpose of The All Terrain Vehicles Act (ATV Act) is to ensure the safe and proper operation of all terrain vehicles (ATVs), both the three and four-wheeled types. The following key points are taken from the ATV Act - for a complete copy, please contact the Queen's Printer, 1871 Smith Street, Regina, Sask. S4P 3V7 (306)787-6894. Section 6 requires that any operation of ATVs on private land must be with the consent of the owner or occupant of private or Crown land. Section 7 states that no person shall operate an ATV on the "traveled" portion of the highway - except where a municipality has passed a bylaw describing the specific roads within their boundaries where ATVS may be operated (see section 9). Section 9 of the ATV Act provides municipalities with authority to permit the operation of ATVs on the "traveled" portion of specific roads within its boundaries by passing a bylaw. Section 10 states that any order made by the Highway Traffic Board to prohibit the operation of ATVs is not applicable on any river, lake or other body of water in the winter. Section 11 provides authority for a municipality to pass a bylaw to prohibit the operation of ATVs on the "untraveled" portion of any roads within its boundaries; and also on private land, or municipal land (including hamlet or organized hamlet) or Crown land, all within its boundaries. Section 13 states that a bylaw to prohibit the operation of ATVs as per Section 11 is enforceable only if the areas listed in the bylaw are properly marked and signed. Section 32 provides for a fine of not more than $1000.00 or imprisonment term of not more than 30 days for violation of any municipal bylaw or the ATV Act. Contact person: Bruce Kush, Manager; phone: (306) 775-6599 Vehicle Registration Policy fax: (306) 775-6909 2260 - 11 Avenue, Regina, Sask. S4P 2N7