Snowmobile and All Terrain Vehicle Bylaw No. 18/2017 (with Schedules A & B) — full text

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1 Snowmobile and ATV Bylaw No.18/ 2017 CITY OF HUMBOLDT BYLAW NO. 18/2017 A BYLAW OF THE CITY OF HUMBOLDT IN THE PROVINCE OF SASKATCHEWAN TO REGULATE THE OPERATION OF SNOWMOBILES AND ALL TERRAIN VEHICLES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF HUMBOLDT The Council of the City of Humboldt in the Province of Saskatchewan enacts as follows: 1. Wherever in this Bylaw the following words or terms are used, they shall, unless the context otherwise provides, be held to have the following meaning; (1) "All Terrain Vehicle" shall have the same meaning as defined in The All Terrain Vehicles Act. (2) "Bylaw Officer" means the Bylaw Officer of the City of Humboldt and anyone authorized by the Bylaw Officer to act on his behalf. (3) "City" means within the geographic limits of the City of Humboldt (4) "Council" means the Council of the City of Humboldt. (5) "Driver's License" means a driver's license issued pursuant to The Traffic Safety Act. (6) "Person" means a natural person, corporation, business, or association. (7) "Registered" means registered pursuant to The Traffic Safety Act. (8) "Snowmobile" shall have the same meaning as defined in The Snowmobile Act. (9) "Street" shall mean every highway, public road, street, avenue, lane, drive or public place intended for the use of vehicles. 2. SNOWMOBILE REGULATIONS: (1) No person shall operate a snowmobile within the City limits unless the operator holds a valid Driver's License and the Snowmobile is registered. (2) No person shall ride, drive or operate a Snowmobile in, across, upon or through any boulevard, park, playground, public reserve, golf course or any property owned or controlled by the City. (3) No person shall operate a Snowmobile on any Street or highway as outlined in red on Schedule "A" attached hereto and forming part of this bylaw. (4) A Snowmobile may be operated on Streets and highways which are not outlined on Schedule "A", but only for the purpose of traveling by the most direct route between the place within the City where the Snowmobile is kept and an area outside the City where it is intended to be used. Snowmobiles shall further be permitted to operate within the City, as follows: (a) A person may operate a Snowmobile on the portion of the established snowmobile trail within the City limits, as set out in Schedule "B" attached hereto and forming part of this bylaw; and (b) A person may operate a Snowmobile in the ditches adjacent to the highways for the purposes of traveling to a fuel station, as set out in Schedule "B" attached hereto and forming part of this bylaw. (5) No person shall operate a Snowmobile on any Street in the City except at a careful 2 Snowmobile and ATV Bylaw No.18/ 2017 and prudent speed having regard to all the circumstances, but at no time shall exceed 40 kilometers per hour. (6) No person shall operate a Snowmobile within the City in such a manner as to create a nuisance or undue annoyance to residents or other persons in the City. (7) No person shall operate a Snowmobile upon a parking lot. (8) No person shall operate a Snowmobile upon any property in such a manner that is dangerous to other persons or property. (9) No person shall operate a Snowmobile on any private land in the City without prior consent from the property owner. (10) No person shall operate a snowmobile so as to travel two (2) abreast on a Street within City limits. (11) No person shall operate a Snowmobile on any portion of the Provincial Highways lying within the City's municipal boundaries except for the sole purpose of crossing the highway at right angles to the highway. (12) Members of the Royal Canadian Mounted Police and the Bylaw Officer are hereby authorized and empowered to impound for a period up to thirty (30) days any Snowmobile being driven in contravention of this bylaw. No impounded Snowmobile shall be released unless the impounding charge, storage charge and proper registration fees are paid. 3. ALL TERRAIN VEHICLE REGULATIONS: (1) No person shall operate an All Terrain Vehicle within the City except as authorized pursuant to this bylaw. (2) The operation of any All Terrain Vehicle is strictly prohibited on: (a) all Streets, roads, lanes, and any portion of the Provincial Highways within the City's municipal boundaries; (b) any boulevard, park, playground, public reserve, golf course or any property owned or controlled by the City; (c) any parking lot, whether owned by the City, or privately; (d) any private land within the City's municipal limits, unless prior consent has been obtained from both the City, and the property owner; and (e) any Crown land in the City's municipal limits. (3) The use and operation of All Terrain Vehicles for the following purposes are expressly exempt from the provisions of Section 3(2) of this bylaw: (a) all Terrain Vehicles used by the City as public service vehicles; (b) all Terrain Vehicles used by an emergency service, including the ambulance, fire department, RCMP or a peace officer, while engaged in their lawful execution of duty; (c) all Terrain Vehicles used by contractors solely for the purposes of snow removal; and; (d) all Terrain Vehicles used during special events by groups or organizations, for which an application has been made to, and approved by City Council. (4) In addition, to any other terms or conditions imposed by the City upon approving 3 Snowmobile and ATV Bylaw No.18/ 2017 a special event, the use and operation of All Terrain Vehicles during special events shall be subject to the following restrictions: (a) The routes of travel permitted shall be only those approved in the application; (b) No person shall operate an All Terrain Vehicle unless the operator holds a valid driver's license and is insured against liability arising out of bodily injury to or the death of a person, or loss, or damage to property caused by the All Terrain Vehicle or the operation thereof; (c) The operator of the All Terrain Vehicle shall not exceed the speed of the 40 kilometers per hour; (d) The operator of the All Terrain Vehicle shall operate the vehicle in a careful manner as not to create a nuisance, annoyance or danger to residents or other persons in the City; and City Council has the right to revoke and cancel any approval issued, due to contravention of this bylaw. (5) Nothing in this bylaw shall prevent a person from operating an All Terrain Vehicle on private property if such operation is only for the purpose of clearing or removing snow. (6) Members of the Royal Canadian Mounted Police and the Bylaw Officer are hereby authorized and empowered to impound for a period of up to thirty (30) days any All Terrain Vehicle being driven in contravention of this bylaw. No impounded All Terrain Vehicle shall be released unless the impounding charge and storage charges are first paid. 4. CHARGES AND FEES: (1) The fees to be charged pursuant to this bylaw are as follows: (a) Approval of All Terrain Vehicle use during special event - no charge; (b) Impounding charge $100.00 per vehicle impounded; (c) Storage charge $10.00 for each day impounded. 5. FINES AND PENALTIES: (1) Any person who contravenes any provisions of this bylaw is guilty of an offence and liable upon summary conviction: (a) To a fine of not less than $100.00 and not more than $200.00. (b) Upon being served with a Notice of Violation, a Person may voluntarily pay the penalty indicated thereon at the City Hall, Humboldt, Saskatchewan. (c) The Notice of Violation shall be in such form as provided by the Bylaw Officer of the City of Humboldt. (d) If voluntary payment is not made to the City within seven (7) days of being served with a Notice of Violation, such Person shall be liable on summary conviction to the penalty as specified by this bylaw. 6. Bylaw No. 16/97 is hereby repealed. 7. This Bylaw shall come into full force and take effect on the day of the final passing thereof. ____________________________________ ___________________________________ Mayor - Rob Muench City Clerk - Sandra Pauli 4 Snowmobile and ATV Bylaw No.18/ 2017 INTRODUCED AND READ A FIRST TIME THIS 23rd DAY OF OCTOBER, 2017. READ A SECOND TIME THIS 14TH DAY OF NOVEMBER, 2017. READ A THIRD AND FINAL TIME THIS 14TH DAY OF NOVEMBER, 2017.