RM of Val Marie No. 17 Bylaw No. 2025-09, Roads Bylaw — full text, Rural Municipality of Val Marie No. 17, Saskatchewan

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00Rl>GR1t 19'9 Roads Bylaw Bylaw No. 2025-09 Office Consolidation September 9, 2025 For Reference Purposes Only - Not A Certified True Copy of The Original This Bylaw was passed on September 9, 2025 and has not been amended since. Rural Municipality of Val Marie No. 17 1 BYLAW NO. 2025-09 A BYLAW TO REGULATE ACTIVITIES AND THINGS IN OR ON MUNICIPAL ROADS The Council of the Rural Municipality of Val Marie No. 17, in the Province of Saskatchewan, enacts as follows: Short Title 1. This Bylaw may be referred to as the Roads Bylaw. Definitions 2. In this Bylaw: a) "Council" means the Council of the Rural Municipality of Val Marie No.17; b) "Designated Officer" means an employee or agent of the Municipality appointed by Council to act as a municipal inspector for the purposes of this Bylaw or, in the absence of a designation by the council, the Administrator; c) "Emergency" means a situation in which there is imminent danger to public safety or of serious harm to property; and d) "Municipality" means the Rural Municipality of Val Marie No. 17; e) "Municipal road" means a street or road under the direction, control and management of Council by virtue of section 12 of The Municipalities Act. f) "Undeveloped road allowance" means a road allowance in the municipality that has not been developed as a municipal road; or is not being maintained for the movement of traffic. g) "Bladed dirt road" means any road identified as such on the most recent R.M. map as posted on the municipality's website. 3. For greater certainty, the term "municipal road" when used in this Bylaw includes any land that is part of the original road allowance or the subject of a registered road plan. Encumbering of Roads 4. Subject to sections 9 and 10, no person shall place or leave on or within any municipal road any earth, stones, rubbish, vehicles or machinery, fences, gates or other objects without the express permission of Council. Breaking or Excavating Roads 5. Subject to section 10, no person shall excavate, break, plough, farm, cut or otherwise alter any municipal road without the express permission of Council. Removal of Vegetation on Roads 6. Subject to section 10, no person shall spray, burn, destroy or remove vegetation on or within any municipal road without the express permission of Council. Rural Municipality of Val Marie No. 17 2 Recreational Uses of Municipal Roads 7. No person shall camp, loiter, or picnic on a municipal road without the express permission of Council. Municipal roads are not for recreational use. Permits 8. Council may, upon request, give permission to a person to do any activity or thing described in sections 4, 5, 6, or 7 if the council is satisfied that such activity or thing can be done: (i) without causing unreasonable damage, in the opinion of the council, to the municipal road or other property; and (ii) without compromising the safety, health or welfare of people. Actions Permitted - Fencing Adjacent to or On a Road Allowance 9. Gates may be constructed and erected across bladed dirt roads, without a permit issued by the Council. When a gate has been installed that crosses a bladed dirt road, the following conditions apply: a) the gates are clearly marked with high visibility markings; and b) The R.M. will not monitor if the gate is open or closed; c) The R.M. accepts no liability for any damage that is incurred to the gate. Actions Permitted - Salvaging Hay 10. Hay may be salvaged from a municipal road without a permit issued by Council under the following conditions: a) The adjacent landowner or lessee (in the case of rented land), has first option to salvage hay along municipal roads before July 8th of any year. b) After July 8th, any person may cut and salvage hay without the permission of the adjacent landowner or lessee, provided the adjacent landowner or lessee has not begun salvage operations. c) The municipal road must be left in a neat appearance by the person salvaging the hay. d) Bales of hay must be at least 8 meters from the edge of the shoulder of the roadway. e) All bales must be removed from the municipal road within one month of the baling of hay. f) The Council reserves the right to enter upon said municipal road for the maintenance of any roadway or for other such purposes as may be deemed necessary, and at no compensation or reimbursement to the party salvaging the hay therefrom. g) The municipality assumes no liability for laborers, machinery or bales relating to the salvage of hay operations. h) In order to minimize hazards to motorists, any bales not removed within one month may be removed by the municipality and any bales so removed shall become the property of the municipality. i) No person shall cut hay on any portion of a municipal road during the period from one-half hour after sunset until one-half hour before sunrise. j) No person shall obstruct the travelled portion of a municipal road with haying salvaging operations. Enforcement of Bylaw 11. The administration and enforcement of this Bylaw is hereby delegated to the Designated Officer. Rural Municipality of Val Marie No. 17 3 Remedy of Contravention 12. If a Designated Officer finds that a person is contravening section 4, 5, 6 or 7 of this Bylaw, the Designated Officer may require that person to take any measures necessary to remedy the contravention, such measures to be described in a Notice to Remedy served upon said person. 13. The Notice to Remedy shall be in the form attached hereto as Schedule "A". 14. The Designated Officer may, after the expiry of the period identified in the Notice to Remedy, take or cause to be taken any measures necessary to remedy the contravention including removal of any object or repair of any excavations or other damage. 15. In an emergency, the Municipality may take whatever actions or measures are necessary to eliminate the emergency in accordance with section 367 of The Municipalities Act. Appeal of Notice to Remedy 16. A person may appeal a Notice to Remedy made pursuant to section 13 to Council within 15 days after receipt of the notice. 17. On an appeal, Council may: a) Confirm, modify or repeal the Notice to Remedy being appealed; or b) Substitute its own Notice to Remedy for the Notice to Remedy being appealed. Recovery of Unpaid Expenses and Costs 18. The Municipality may add any costs incurred in eliminating an emergency to the tax roll of any property in the Municipality in respect of which the person who caused the emergency is the assessed person, in accordance with section 369 of The Municipalities Act. 19. Any expenses incurred by the Municipality in remedying a contravention of sections 4, 5, 6 or 7 of this Bylaw may be recovered by civil action for debt in a court of competent jurisdiction. Offences and Penalties 20. No person shall: a) obstruct or interfere with any Designated Officer or any other person acting under the authority of this Bylaw; or b) fail to comply with any other provision of this Bylaw. 21. Every person who contravenes any provision of section 20 is guilty of an offence and liable on summary conviction: a) in the case of an individual, to a fine of not more than $10,000; b) in the case of a corporation, to a fine of not more than $25,000; and c) in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day. Rural Municipality of Val Marie No. 17 4 Voluntary Payment Option 22. Where the Designated Officer believes that a person has contravened any provision of this Bylaw, the Designated Officer may serve upon such person a Notice of Violation. 23. The Notice of Violation shall be in the form attached as Schedule "B" hereto and include a voluntary payment option that permits the contravening party to pay the amount set out in Schedule "C", attached hereto, which will be accepted by the Municipality in lieu of prosecution. 24. Upon production of the Notice of Violation issued pursuant to the provisions of the Bylaw within thirty (30) days from the date of receipt thereof, together with payment of the specified voluntary fee to the Designated Officer, the person to whom the Notice of Violation was issued shall not be liable for prosecution for the contravention in respect of which the notice was issued. 25. Where a person contravenes the same provision of this Bylaw two or more times within one twelve-month period, the specified voluntary payment payable in respect of the second or subsequent contravention is double the amount shown in Schedule "C" of this Bylaw. Service of Notices 26. Notices given under this Bylaw shall be served in accordance with section 390 of The Municipalities Act. Repeal of Former Bylaws 27. Bylaw #2-20 (The Roads Bylaw) and amending Bylaw #2023-09 thereto are hereby repealed. 28. Bylaw 3/02 (A Bylaw to Establish a Haying Policy Pursuant to Section 206(2)(g) of the Rural Municipality Act, 1989) and amending Bylaw #3-20 thereto are hereby repealed. Coming Into Force 29. This Bylaw shall come into force on the day of its final passing. Rural Municipality of Val Marie No. 17 5 Schedule "A" to Bylaw No 2025-09 NOTICE TO REMEDY R.M. OF VAL MARIE NO. 17 NOTICE TO REMEDY [DATE] Name Address This official notice is issued for alleged breach of the following bylaw: Bylaw No. ____ Section #: Offence: DETAILS OF ALLEGED BREACH: o Date and time of violation o Location of violation o Other particulars - description of obstruction, damage, excavation, etc. REMEDY: Take notice that you must undertake the following actions or measures to remedy the contravention herein described: [describe the remedial measures that must be taken - i.e. remove fence; fill excavation and reseed grass etc.] The remedial measures must be complete by [insert date]. Should you fail to complete the remedial measures by [insert date], the Municipality may take or cause to be taken any measures necessary to remedy the contravention. Any expenses incurred by the Municipality in remedying the contravention may be recovered from you by civil action. Take notice that you have the right to appeal. The appeal must be filed within fifteen (15) days of receipt of this notice at the Municipal Office at [insert municipal address]. Issued this [date] by [name of Designated Officer] __________________________________________ Signature of Designated Official Rural Municipality of Val Marie No. 17 6 Schedule "B" to Bylaw No 2025-09 NOTICE OF VIOLATION R.M. OF VAL MARIE NO. 17 NOTICE OF VIOLATION [DATE] Name Address This official notice is issued for alleged breach of the following bylaw: Bylaw No. ____ Section #: Offence: Voluntary Payment: DETAILS OF ALLEGED BREACH OF VIOLATION: o Date and time of violation o Location of violation o Other particulars - description of obstruction, damage, excavation, etc. PENALTY: Take notice that you may remit a voluntary payment to the Municipality in the amount stipulated above to avoid prosecution for this offence. Payment may be made in person at the municipal office or by mail [Municipality's name and mailing address]. If the voluntary payment indicated above is not received by [specified date], a summons requiring your appearance in provincial court may be issued. Take notice that you have the right to appeal. The appeal must be filed within thirty (30) days of receipt of this notice to the Municipal Office at the above mentioned location. Issued this [date] by [name of Designated Officer] __________________________________________ Signature of Designated Official Rural Municipality of Val Marie No. 17 7 Schedule "C" to Bylaw No 2025-09 VOLUNTARY PAYMENT SCHEDULE OFFENCE VOLUNTARY PAYMENT AMOUNT 1. Encumbering of municipal road [Section 4] $1,000 2. Excavation of municipal road [Section 5] $1,000 3. Removal of vegetation on municipal road [Section 6] 4. Recreational Use of municipal road [Section 7] $1,000 $1,000