RXN
Active VIP Member
So I looked up ByLaw #53-93, this is what I found.
Whereas, the Council of the County of Strathcona No.20 considers it desirable and expedient to authorize the use of it's highways for off-highway vehicle travel in accordance with the laws of the Province of Alberta.
NOW THEREFORE, THE COUNCIL OF THE COUNTY OF STRATHCONA NO.20 in the Province of Alberta, duly assembled, and pursuant to the authority conferred by the off-highway vehicles act, R.S.A. 1980 c.0-4, as amended, enacts follows:
1. Section 1 - Short title
1.1 This By-law may be cited as the "off highway vehicle use by-law".
2. Section 2 - Definitions
2.1 For purposes of this by-law all the definitions of the "Off-highway vehicle act" being chapter 0-4 of the revised statutes of Alberta, 1980, as amended, shall be applicable and have the same meaning except as varied in subsection 2.2 of this by-law.
2.2 In this by-law:
2.2.1 "Associate Commissioner" means the associate commissioner of operations for the county and whatever subsequent title may be conferred on that officer by council or statute.
2.2.2 "Council" means the council of the county.
2.2.3 "County" means the county of Strathcona No.20
2.2.4 "County by-law enforcement officer" shall mean a by-law enforcement officer appointed by the county pursuant to the Municipal Government Act, R.S.A. 1980, c.M- 26, as amended, to enforce the county By-laws, and includes a member of the Royal Canadian Mounted Police and, when authorized, a special constable.
2.2.5 "County Engineer" means the county engineer appointed by the council of the County of Strathcona No.20 and whatever subsequent title may be conferred on that officer by council or statute.
2.2.6 "County Treasurer" means the county treasurer appointed by council of the county of Strathcona No.20 and whatever subsequent title may be conferred on that officer by council or statute.
2.2.7 "Director of Disaster Services" means the Director of disaster services of the county of Strathcona No.20 and whatever subsequent title may be conferred on that officer by council or statute.
2.2.8 "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway, or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to used for the passage or parking of vehicles, and includes"
2.2.8.1 A sidewalk (inculding a boulevard portion thereof);
2.2.8.2 Where a ditch lies adjacent and parallel with the roadway, the ditch; and
2.2.8.3 Where a highway righ-of-way is contained between fences or between a fence and one side of the roadway all the land between the fences, or all the land between the edge of the of the roadway, as the cause may be.
BUT DOES NOT INCULDE A PLACE DECLARED BY THE LIEUTENANT GOVERNOR IN COUNCIL NOT TO BE A HIGHWAY;
2.2.9 “Owner" with respect to an Off-highway Vehicle means:
2.2.9.1 The person in whose name the vehicle is registered under the off-highway vehicle act.
2.2.9.2 Any person renting an off-highway vehicle or having exclusive use of that off- highway vehicle under a lease or otherwise for a period of more then (30) days.
2.2.10 "Violation Tag" means a tag or similar document issued by the county pursuant to section 110 of the municipal government act, R.S.A. 1980, c.M-26, as amended.
2.2.10 “Violation ticket" means a ticket issued pursuant to Part II of the Provincal Offences Procedures Act. S.A. 1980, c.P-21.5, as amended, and regulations thereunder.
3. Section 3 - Application for highway use
3.1 Off-highway vehicle groups, organizations, societies, or clubs may apply to the council for permission for the use of specific highways under the direction, control or managment of the county for specific dates and times and for appropriate purposes as outlined in Schedule "A" "B" "C" and "D" as attached hereto and forming part of this By-law.
3.2 Council hereby delegates to the associate commissioner, or any official designated by the associate commissioner, the authority to carry out the terms and conditions in this by-law
3.3. The associate commissioner or such other person designated under subsection 3.2 may approve or refuse an application, or may grant an appication specifying the dates and times for such events, and may impose any such conditions as the associate commissioner or the designate deems suitable in the circumstances.
3.4 Does not seem to exisit???????
3.5 If the application is refused by the associate commissioner or his designate, or if the applicant feels that any condition imposed is unreasonable, the applicant may appeal to council within (5)working days of receipt of written decision of the associate commissioner or his designate. Any appeal shall be made in writing.
4. Section 4 - operation restrictions
4.1 No person shall operate an off-highway vehicle except as authorized pursuant to the off- highway vehicle act or pursuant to permission granted under this by-law.
4.2 A person who is authorized to operate an off-highway vehicle pursuant to the off- highway vehicle act or this by-law shall:
4.2.1 Travel at a maxium speed of thirty (30) kilometers per hour
4.2.2 Travel in a single file in the ditches of such highways, except as otherwise permitted in this section
4.2.3 Travel in the parking lane for a short distance as necessary to by-pass any hazard or obstruction in the ditch, or where there is no parking lane the extreme right hand side of road way.
4.2.4 Travel in the same direction as vehicles travelling on that side of highway
4.3 No person shall operate or be passenger of an off-highway vehicle where the persons on the off-highway vehicle exceeds the number of persons the off-highway vehicle is designed to carry.
4.4 The provisions of this by-law shall not apply to county by-law enforcement officer, or agents or employees of the county while opertating an off-highway vehicle in the performance of their offical duties.
4.5 Durring an emerancy, disaster, or search and resue operation within the county as determined by the director of disaster services the provisions of this by-law may be waived, varied or suspended by the director of disaster services
5. Section 5 - Penalities
5.1 The owner of an off-highway vehicle who contravenes any provison of this by-law is guility of an offence.
5.2 An owner who permits another person to operate the owners off-highway vehicle or an off- highway vehicle of which the owner has exclusive use, in contravention of this by-law is guilty of an offence
5.3 Any person who contravens a provision of this by-law is guilty of an offence and is liable to penalty as follows
5.3.1 For a first offence - ($50.00)
5.3.2 For a second and any subsequent offence - ($100.00)
5.4 Under no circumstances shall any person contravens any provision of this by-law be subject to the penalty of imprisonment.
6. Section 6 - Violation tags
6.1 A county By-law enforcement officer is herby authorized and empowered to issue
a violation tag to any person who the county by-law enforcement officer has
resonable and probable grounds to belive has contravend any provision of this
by-law.
6.2 A violation tag may be issused to such person:
6.2.1 Either personally; or
6.2.2 By mailing a copy to such person at his/her last known post office address
6.3 The violation tag shall be in a form approved by the associate commissioner and shall state:
6.3.1 Name of person
6.3.2 The offence
6.3.3 The appropriate penalty for the offence as specified in section 5 of this by-law
6.3.4 That the penalty shall be paid with in 30days of the issuance of the violation tag
6.3.5 Any other information as may be required by the county.
6.4 Where a contravention of this by-law is of continuing nature, further violation tags may be issued by a county by-law enforcement officer, provided that no more then one violation tag shall be issued for each day that the contravention continues.
6.5 Where a violation tag is issued pursuant to this by-law, the person to whom the violation tag is issued may, in lieu of being prosecuted for the offence, pay to the county treasurer the penalty specified in the violation tag.
6.6 Nothing in this by-law shall prevent a county enforced by-law enforcement officer from immediatly issuing a violation ticket.
Whereas, the Council of the County of Strathcona No.20 considers it desirable and expedient to authorize the use of it's highways for off-highway vehicle travel in accordance with the laws of the Province of Alberta.
NOW THEREFORE, THE COUNCIL OF THE COUNTY OF STRATHCONA NO.20 in the Province of Alberta, duly assembled, and pursuant to the authority conferred by the off-highway vehicles act, R.S.A. 1980 c.0-4, as amended, enacts follows:
1. Section 1 - Short title
1.1 This By-law may be cited as the "off highway vehicle use by-law".
2. Section 2 - Definitions
2.1 For purposes of this by-law all the definitions of the "Off-highway vehicle act" being chapter 0-4 of the revised statutes of Alberta, 1980, as amended, shall be applicable and have the same meaning except as varied in subsection 2.2 of this by-law.
2.2 In this by-law:
2.2.1 "Associate Commissioner" means the associate commissioner of operations for the county and whatever subsequent title may be conferred on that officer by council or statute.
2.2.2 "Council" means the council of the county.
2.2.3 "County" means the county of Strathcona No.20
2.2.4 "County by-law enforcement officer" shall mean a by-law enforcement officer appointed by the county pursuant to the Municipal Government Act, R.S.A. 1980, c.M- 26, as amended, to enforce the county By-laws, and includes a member of the Royal Canadian Mounted Police and, when authorized, a special constable.
2.2.5 "County Engineer" means the county engineer appointed by the council of the County of Strathcona No.20 and whatever subsequent title may be conferred on that officer by council or statute.
2.2.6 "County Treasurer" means the county treasurer appointed by council of the county of Strathcona No.20 and whatever subsequent title may be conferred on that officer by council or statute.
2.2.7 "Director of Disaster Services" means the Director of disaster services of the county of Strathcona No.20 and whatever subsequent title may be conferred on that officer by council or statute.
2.2.8 "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway, or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to used for the passage or parking of vehicles, and includes"
2.2.8.1 A sidewalk (inculding a boulevard portion thereof);
2.2.8.2 Where a ditch lies adjacent and parallel with the roadway, the ditch; and
2.2.8.3 Where a highway righ-of-way is contained between fences or between a fence and one side of the roadway all the land between the fences, or all the land between the edge of the of the roadway, as the cause may be.
BUT DOES NOT INCULDE A PLACE DECLARED BY THE LIEUTENANT GOVERNOR IN COUNCIL NOT TO BE A HIGHWAY;
2.2.9 “Owner" with respect to an Off-highway Vehicle means:
2.2.9.1 The person in whose name the vehicle is registered under the off-highway vehicle act.
2.2.9.2 Any person renting an off-highway vehicle or having exclusive use of that off- highway vehicle under a lease or otherwise for a period of more then (30) days.
2.2.10 "Violation Tag" means a tag or similar document issued by the county pursuant to section 110 of the municipal government act, R.S.A. 1980, c.M-26, as amended.
2.2.10 “Violation ticket" means a ticket issued pursuant to Part II of the Provincal Offences Procedures Act. S.A. 1980, c.P-21.5, as amended, and regulations thereunder.
3. Section 3 - Application for highway use
3.1 Off-highway vehicle groups, organizations, societies, or clubs may apply to the council for permission for the use of specific highways under the direction, control or managment of the county for specific dates and times and for appropriate purposes as outlined in Schedule "A" "B" "C" and "D" as attached hereto and forming part of this By-law.
3.2 Council hereby delegates to the associate commissioner, or any official designated by the associate commissioner, the authority to carry out the terms and conditions in this by-law
3.3. The associate commissioner or such other person designated under subsection 3.2 may approve or refuse an application, or may grant an appication specifying the dates and times for such events, and may impose any such conditions as the associate commissioner or the designate deems suitable in the circumstances.
3.4 Does not seem to exisit???????
3.5 If the application is refused by the associate commissioner or his designate, or if the applicant feels that any condition imposed is unreasonable, the applicant may appeal to council within (5)working days of receipt of written decision of the associate commissioner or his designate. Any appeal shall be made in writing.
4. Section 4 - operation restrictions
4.1 No person shall operate an off-highway vehicle except as authorized pursuant to the off- highway vehicle act or pursuant to permission granted under this by-law.
4.2 A person who is authorized to operate an off-highway vehicle pursuant to the off- highway vehicle act or this by-law shall:
4.2.1 Travel at a maxium speed of thirty (30) kilometers per hour
4.2.2 Travel in a single file in the ditches of such highways, except as otherwise permitted in this section
4.2.3 Travel in the parking lane for a short distance as necessary to by-pass any hazard or obstruction in the ditch, or where there is no parking lane the extreme right hand side of road way.
4.2.4 Travel in the same direction as vehicles travelling on that side of highway
4.3 No person shall operate or be passenger of an off-highway vehicle where the persons on the off-highway vehicle exceeds the number of persons the off-highway vehicle is designed to carry.
4.4 The provisions of this by-law shall not apply to county by-law enforcement officer, or agents or employees of the county while opertating an off-highway vehicle in the performance of their offical duties.
4.5 Durring an emerancy, disaster, or search and resue operation within the county as determined by the director of disaster services the provisions of this by-law may be waived, varied or suspended by the director of disaster services
5. Section 5 - Penalities
5.1 The owner of an off-highway vehicle who contravenes any provison of this by-law is guility of an offence.
5.2 An owner who permits another person to operate the owners off-highway vehicle or an off- highway vehicle of which the owner has exclusive use, in contravention of this by-law is guilty of an offence
5.3 Any person who contravens a provision of this by-law is guilty of an offence and is liable to penalty as follows
5.3.1 For a first offence - ($50.00)
5.3.2 For a second and any subsequent offence - ($100.00)
5.4 Under no circumstances shall any person contravens any provision of this by-law be subject to the penalty of imprisonment.
6. Section 6 - Violation tags
6.1 A county By-law enforcement officer is herby authorized and empowered to issue
a violation tag to any person who the county by-law enforcement officer has
resonable and probable grounds to belive has contravend any provision of this
by-law.
6.2 A violation tag may be issused to such person:
6.2.1 Either personally; or
6.2.2 By mailing a copy to such person at his/her last known post office address
6.3 The violation tag shall be in a form approved by the associate commissioner and shall state:
6.3.1 Name of person
6.3.2 The offence
6.3.3 The appropriate penalty for the offence as specified in section 5 of this by-law
6.3.4 That the penalty shall be paid with in 30days of the issuance of the violation tag
6.3.5 Any other information as may be required by the county.
6.4 Where a contravention of this by-law is of continuing nature, further violation tags may be issued by a county by-law enforcement officer, provided that no more then one violation tag shall be issued for each day that the contravention continues.
6.5 Where a violation tag is issued pursuant to this by-law, the person to whom the violation tag is issued may, in lieu of being prosecuted for the offence, pay to the county treasurer the penalty specified in the violation tag.
6.6 Nothing in this by-law shall prevent a county enforced by-law enforcement officer from immediatly issuing a violation ticket.
