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BYLAW NO. 4-25
TOWN OF YELLOW GRASS
A BYLAW RESPECTING THE OPERATION OF ALL TERRAIN VEHICLES WITHIN THE
CORPORATE LIMITS OF THE TOWN OF YELLOW GRASS
The Council of The Town of Yellow Grass, in the Province of Saskatchewan enacts as
follows:
1. TITLE
This bylaw shall be known and may be cited as "The ATV Bylaw".
2. DEFINITIONS
For the purpose of this bylaw, all the words and expressions shall have the same
meaning as contained in The All Terrain Vehicles Act and The Traffic Safety Act as
amended from time to time, as follows:
(a)
"Administrator" means the Administrator of the Town of Yellow Grass.
(b)
"all-terrain vehicle" and/or "ATV" as described in The All Terrain Vehicles Act and
may be amended from time to time, means a self-propelled vehicle that:
i)
is designed primarily for the movement of people or goods on
unprepared surfaces; and
(ii)
has wheels in contact with the
ground; and includes:
(iii)a restricted use motorcycle;
(iv)a mini-bike and dirt bikes; and
(v)an all terrain cycle; including quads and side by sides
but does not include:
(vi)a snowmobile as defined in The Snowmobile Act;
(vii)
an agricultural implement or special mobile machine as defined in The
Traffic Safety Act; or
(viii)any vehicle that is required to be registered pursuant to The Traffic Safety Act
(ix)a golf cart
(c)
"Crown land" means any land, other than a highway, owned by Her Majesty
the Queen in right of Saskatchewan;
(d)
"Highway" as defined in The Traffic Safety Act means a road, parkway, driveway,
square or place designed and intended for or used by the general public for the passage
of vehicles, but does not include any area, whether privately or publicly owned, that is
primarily intended to be used for the parking of vehicles and the necessary passageways
on that area.
(e)
"Operator" means a person who uses or operates, or is in actual physical control
of an all terrain vehicle.
(f)
"Owner" includes a person who is in possession of an all terrain vehicle under a
contract by which he/she may become the owner of the all terrain vehicle upon full
compliance with the terms of the contract.
(g)
"Street" means any street, or lane within the Town of Yellow Grass and includes a
public highway, within the Town of Yellow Grass.
(h)"Town" means Town of Yellow Grass.
3. Subject to Section 4 authorization is hereby granted, under the authority of The All
Terrain Vehicles Act, to operate an ATV upon any street or alley in the Town of
Yellow Grass provided that such use is restricted to moving the ATV directly from
the operator's residence to Town limits and back again.
4. Pursuant to the provisions of Section 3 to 9 of The All Terrain Vehicles Act;
a. It shall be unlawful to operate an ATV between the hours of 11:00p.m. and
7:00 a.m. in the Town of Yellow Grass;
b. Operation of an ATV at a speed not to exceed 20 kilometers (12.5 miles) per
hour;
c. All Terrain Vehicles may be operated on the traveled portion of the streets,
other than provincial highways, in the Town, for the purpose of travelling
from privately owned property to the corporate limits of the Town and
return, by the most direct route to the owner's privately-owned property;
d. No ATV shall be operated at any time on Town of Yellow Grass parks, school
grounds, cemetery, buffer strips, walkways, drainage ditch, and crown
owned land, whether or not marked by a sign prohibiting or restricting the
operation of an all terrain vehicle;
e. No ATV shall be operated on privately owned land that has been posted as
disallowing the operation of ATV's; and
f. A person must be 16 years of age and hold a valid driver's license to
operate in any public area.
5. EXCEPTIONS
Youth between 12 and 15 years of age can operate an all-terrain vehicle in the Town
of Yellow Grass:
a. if they have successfully completed an approved ATV training course, with
respect to the operation of all terrain vehicles and can provide evidence of
having successfully completed the course when requested;
b. if they are accompanied on the ATV, if it is designed for the transportation of
one or more passengers, by a person who has held a driver's license for the
previous 365 days; and
c. if they are directly supervised by a person who has held a driver's license for the
previous 365 days.
6. (a) No person shall operate an ATV on a Provincial Highway except as follows:
a. any ATV entering onto a Provincial Highway shall do so from an established
public highway approach;
b. any ATV crossing a Provincial Highway shall come to a full stop prior to
crossing; and
c. the ATV shall take the most direct route across the highway.
(b) Notwithstanding Section 6 (a) it shall be lawful to operate an ATV on a highway
during an emergency when all other vehicular traffic is unable to travel on said
highway due to weather conditions.
7. PERMIT
(a)Every owner of an ATV operating within the corporate limits of the Town of Yellow
Grass shall obtain no later than May 1 in each year a permit from the Town office
once they have provided proof of insurance and display the permit on the side of
their ATV; The minimum Liability requirement is $200,000.
(b)The annual fee for a permit shall be set out in Schedule "A";
(c) Any permit issued pursuant to the provisions of the Bylaw shall not be transferrable
to any other ATV;
(d)If a permit is lost or becomes illegible, it must be replaced pursuant to this Bylaw at
a cost outlined in Schedule "A";
(e)The permit shall be in effect from January 1st to December 31st of the calendar year
in which the permit was purchased. Any new permit applied for after September 1st
shall be charged 50% of the annual fee for the application year only.
8. NOISE AND SPEED PROVISIONS
a. Subject to Bylaw 2-18 being the Town of Yellow Grass Noise Bylaw.
b. No person shall operate an ATV at a speed in excess of 20km/hr.
9. OPERATION PERMITTED
Under the provision of Subsections 9(1 and 2) of The All Terrain Vehicles Act, the
operation of ATV's shall be permitted within the corporate limits of the Town of Yellow
Grass as follows:
a. For the purpose of conducting municipal business when operated by a
municipal employee or designate, and;
b. For the purpose of special occasions during times, dates and at locations where
a permit has been issued by Council; and
c. For use during a declaration of a local emergency with the Town.
10.ENFORCEMENT
a. Any RCMP or duly appointed peace officer shall be authorized to operate an
ATV within the corporate limits of the Town of Yellow Grass for enforcement
purposes.
b. Any member of the Royal Canadian Mounted Police, any Peace Officer appointed
pursuant to The Traffic Safety Act or the Town's Bylaw Enforcement
Officer/Designated Agent are hereby authorized to remove and impound or store
any ATV that does not comply to the regulations within this bylaw of the Town of
Yellow Grass.
11.PENALTY
Any person who contravenes any provision of this bylaw shall be guilty of an offence and
liable of a fine of $200, with the exception of Section 7(a).
a. Any ATV being operated in breach of this bylaw, or if being operated by an
unlicensed operator or if the ATV does not have adequate proof of insurance
under The All Terrain Vehicles Act the ATV may be seized and impounded by the
Town of Yellow Grass. Impounding fees will be as follows:
i.
$100 for first impounding, plus incidental costs and expenses arising
from the impounding; and
ii.
$200 for second instance involving the same ATV. Such impounding
fees shall be in addition to any fine.
b. Any person convicted of a breach of the provisions of Section 7(a) of this bylaw
shall be liable for a penalty as provided in the Noise Bylaw of the Town of
Yellow Grass.
c. When an ATV has been seized pursuant to Section 9(b), it shall be held for the
period specified and shall only be released upon full payment of the following
costs:
i. the actual cost of removal with a minimum charge of Thirty-Five
Dollars ($35.00); and
ii. the cost of storage at a rate of Ten Dollars ($10.00) per day to a
maximum of One Hundred Dollars ($100.00)
d. If the costs of removal, impounding or storage are not paid within a period of
ninety (90) days from the seizure, the Town shall have the right to recover same
from the owner of the ATV by:
iii. Legal action in a Court of competent jurisdiction, or
iv. sale of the impounded ATV by public auction.
e. The costs of any legal action, as stated in section 10(d), shall also be recoverable
by the Town from the owner of the ATV.
f.
In the event the owner is acquitted of the offence for breach of bylaw for
which the ATV was impounded, the poundage fees and incidental costs paid by
the owner will be refunded.
g. The owner of the ATV is liable for a contravention of any provisions of this
bylaw in connection with the operation of the ATV unless they prove that at the
time of the offence the ATV was not being operated by them or by any person
with their consent.
h. Unless otherwise specified in this bylaw pertaining to the operation of ATV shall
be as contained in The Traffic Safety Act, All Terrain Vehicle Act, All Terrain
Vehicle Regulations and any amendments thereto.
12.EFFECTIVE
This Bylaw shall come into force once it is approved and given third reading by the Council
of the Town of Yellow Grass.
13.Bylaw 2-25 is hereby repealed.
First Reading:
TOWN OF YELLOW GRASS
SCHEDULE "A"
TO BYLAW NO. 4-25
DESCRIPTION
FEE
Annual Permit Fee
$25.00
Replacement Permit
$25.00