BYLAW NO. 8-09
OF LEDUC COUNTY
IN THE PROVINCE OF ALBERTA
A BY-LAW OF LEDUC COUNTY, IN THE PROVINCE OF ALBERTA, TO REGULATE AND
CONTROL THE OPERATION AND USE OF OFF-HIGHWAY VEHICLES ON THE HIGHWAYS
AND LANDS UNDER THE JURISDICTION OF LEDUC COUNTY AND TO RESCIND BYLAW
NO. 7-96.
WHEREAS pursuant to the provisions of Section 120(2) of the Traffic Safety Act, being Chapter
T-6 of the Provincial Statutes of Alberta, 2006 as amended, no person shall operate an Off­
Highway Vehicle on any portion of a Highway;
AND WHEREAS pursuant to Section 120(4)(b) and 120(5) of the aforesaid Statute, the Council
of a Municipality may by Bylaw, with respect to highways under its direction, control, and
management, authorize persons to operate Off-t-lighway Vehicles on any portion of any highway
or class thereof and may restrict the hours during which such operation may take place and may
prescribe maximum and minimum rates of speed;
AND WHEREAS the Council of Leduc County considers it desirable and expedient to permit the
operation of certain types of Off-Highway Vehicles within its boundaries in accordance with the
regulations specified in the Traffic Safety Act;
NOW THERFORE under the authority of and subject to the Traffic Safety Act, and Regulations
thereto, being Chapter T-6 of the Revised Statutes of Alberta, 2006, as amended, the Council of
Leduc County, in toe Province of Alberta, duly assembled as follows:
1.
This By-law may be cited as the "Off-Highway Vehicle Bylaw".
2.
DEFINITIONS:
(a)
For the purposes of this Bylaw, all the definitions of the Traffic Safety Act being
Chapter T-6 of the Revised Statues of Alberta, as amended, shall be applicable
and have the same meaning except as varied iJn 2(b) of this By-Law.
(b)
In this By-Law
i.
"County" means Leduc County;
ii.
"Peace Officer" shaH include a Bylaw Enforcement Officer, a Peace Officer
Appointment pursuant to the Alberta Peace Officer Act, or a member of the
RCMP.
iii.
"Justice" as defined by the Provincial Offence's Provincial Act, Revised
Statutes of Alberta, 2000, Chapter P-34 as amended;
iv.
"Motor Vehicle" as defined by the Traffic Safety Act, Revised Statues of
Alberta, 2000, Chapter T-6 as amended;
v.
"Off-Highway Vehicle" as defined by the Traffic Safety Act, Revised
Statutes of Alberta, 2000 Chapter T-6 as amended, shall exclude snow
groomers, snow packers or similar machines used to groom or make snow
trails (These vehicles shall be excluded from operating within the area
permitted under this By-Law).
BYLAW NO. 8·09
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vi.
"Highway" as defined in the Traffic Safety Act, Revised Statutes of Alberta,
2000, Chapter T-6 as amended
OPERATING RESTRICTIONS
3.
No person is authorized to operate an Off-Highway Vehicle on any highway under the
direction, management and control of the County except as specifically provided for
within the Bylaw.
4.
Off-Highway Vehicles are permitted to travel in single file in the ditches of County
Highways, using the parking lane or where there is no parking lane, the extreme right­
hand side of the roadway for as short a distance as required to bypass any hazard or
obstacle in the ditch; and, shall move in the same direction as the vehicle travelling on
that side of such highway.
(a)
If an Off-Highway Vehicle has to use the park'ing lane or where there is no
parking lane, the extreme right-hand side of the roadway to bypass any hazard or
obstacle in the ditch:
i.
ii.
The operator shall stop the Off-Highway Vehicle before entering onto the
parking lane or extreme right-hand side of roadway and,
The operator shall yield the right-of way to all other vehicles and persons
on the hig,hway.
5.
Notwithstanding Section 4 herein, signed designated trails designed for continuous or
regular use will not be permitted on County Highways.
6.
A person or organization desirous of holding a specific event, for a defined purpose in
which more than ten (10) Off-Highway Vehicles will participate in the event, shall make
application beforehand, in writing to the County to operate an Off-Highway Vehicle or
vehicles u'pon a County Highway (s).
(a)
The Application shall include:
i.
ii.
iii.
iv.
v.
vi.
(b)
The event and purpose of the event to be held
The name of the person or organization responsible for sponsoring and
organizing the event.
The date and times the event is to be held
The type of Off-Highway Vehicle to be used and the approximate number
of vehicles that will be participating at the, event.
Details with respect to the proposed route, describing the highway(s)
where the vehicles will travel upon and providing a map showing the
proposed route.
Any other relevant details.
The County may refuse the request, or may grant approval to the request with
the following conditions:
i.
ii.
All participants will use the County Highways at their own risk.
The organizers shall maintain liaison with the R.C.M. Police local
detachment(s) and comply with all their specified requirements.
BYLAW NO. 8-09
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iii.
iv.
v.
vi.
vii.
viii.
ix.
The community organization and all participants shall indemnify and save
harmless the County, its employees, contractors and agents from all
liability arising out of the use and occupation of the highways.
All signage shall be approved by the County and the organizer shall
ensure all signs posted in the County are removed immediately after
completion of the event.
The person or organization shall suitably advertise the event so as to
make area residents aware of the event beforehand.
The person or organization shall provide adequate liability insurance.
Adequate vehicle parking must be available for all participants. Vehicular
parking on the shoulder or/ ditches of any County Highway is not
permitted.
The provisions of this Bylaw are to be followed.
Any other conditions that the County deems appropriate.
7.
The maximum speed at which Off-Highway Vehicles are permitted to travel on County
Highways is 40 Kilometers per hour unless otherwise posted at a reduced speed.
8.
The operator of an Off-Highway vehicle shall be the only individual allowed on such Off­
t-lighway Vehicle while it is being operated along a County Highway, unless the Off­
Highway Vehicle is designed for one or more passengers.
9.
The hours of operating an Off-Highway Vehicle for recreational purposes on County
Highways shall be restricted to the period of time between 8:00 a.m. and 11 :00 p.m. in
anyone day.
10.
Operators of Off-Highway Vehicles within hamlets and subdivision within the County
shall use the highways of the County within the said hamlets and subdivisions only to
leave from and to return to the hamlets or subdivisions by the most direct route possible
to and from their residence.
11.
The Operator of an Off-Highway Vehicle may cross any highway, including the roadway,
the parking lane or sidewalk portion of the highway, as the case may require, if
(a)
(b)
(c)
(d)
12.
The Operator of the Off-Highway Vehicle stops before entering onto the highway
or portion of the highway to be crossed;
All passengers disernbark from the Off-Highway Vehicle and any vehicle or thing
attached to it before he commence to cross;
The Operator yields the right-of-way to all other vehicles and person on the
highway;
The Operator crosses over the highway or portion of the highway to be crossed
by the most direct and shortest route of travel ava'ilable to him.
All Off-Highway Vehicles travelling on County Highways shall be equipped with at least
one headlight and one tail light and no Off-Highway Vehicle shall b,e operated on a
highway unless the headlight and tail light are alight.
BYLAW NO. 8-09
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13.
The Operation of any Off-Highway Vehicle on any posted
(a)
(b)
Public Park, recreation grounds or exhibition grounds, or,
Environmental reserve, municipal reserve or municipal and school reserve, within
the County is prohibited at all times.
14.
The provision of this Bylaw shall not apply to Peace Officers, Agents or Employees of
the County operating an Off-Highway Vehicle in the performance of their official duties.
15.
During a bona fide emergency, disaster or search and rescue operation within the
County, the provisions of this Bylaw may be waived, varied or suspended by the County
Director of Disaster Services.
16.
All Off-Highway Vehicle users of highways (including ditches) do so at their own risk.
17.
All Off-Highway Vehicle users operating pursuant to this Bylaw must wear a Safety
Helmet as defined in Section 93 of the Traffic Safety Act.
OFFENCES
18 .
A Peace Officer, who on reasonable and probable grounds, believes that an offence
under this Bylaw has been committed may seize and detain any Off-Highway Vehicle in
respect of which the offense was committed until the final disposition of any proceedings
that may be taken under this Bylaw or the Traffic Safety Act.
19.
The owner of an Off-Highway Vehicle that is involved in a contravention of this Bylaw is
guilty of an offence unless he proves to the satisfaction of the Justice that at the time of
the offence the Off- Highway Vehicle was not being driven or left parked by hiill or any
other person with his consent, express or implied.
20.
Any person who permits another person to operate an Off-Highway vehicle in
contravention of this Bylaw is guilty of an offence.
21.
Every person who contravenes the provisions of this Bylaw is guilty of an offence and
liable on summary conviction to a penalty as prescribed in Schedule "A" of this By-Law.
This Bylaw rescinds and repeals Bylaw 7-96 and shall come into force and affect as of the third
and final reading.
Read a first time this 2nd day of June, A.D., 2009.
Read a second time 2nd day of June, A.D., 2009.
BYLAW NO. 8-09
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Read a third time with the unanimous consent of the Council Member present and finally passed
this 2 nd day of June, 2009.
SEAL
SCHEDULE" A"
BYLAW NO. 8-09
OF LEDUC COUNTY
IN THE PROVINCE OF ALBERTA
Penalties For Breaches of Bylaw
WHEREAS: Under the provision of the Provincial Offences Procedure Act, Statutes of Alberta
2000, Chapter P-34 as amended and under the provision of the Municipal Government Act,
Statutes of Alberta, 2000, Chapter M-26 as amended, the Council of a Municipality may, by
Bylaw provide for the payment of Traffic Tickets or Summons out of Court.
A Notice of Form (commonly called a Traffic Tag or a Violation Ticket), may be issued by the
members of the Royal Canadian Mounted Police, a Peace Officer, or by Bylaw Enforcement
Officers appointed by the Council, to any person charged with a breach of any of the provisions
of this Bylaw and the hereto mentioned Acts shall apply in regards to the payment.
Section 4
$100.00
$250.00
Section 4 a
$100.00
$250.00
$100.00
$250.00
$100.00
$250.00
Section 6
Holdin Event Without A
roval
Section 7
Section 8
Number of Riders Exceeded
$100.00
$250.00
Section 9
erate Durin Restricted Hours
$100.00
$250.00
Section 10
o
o
erate in Hamlet or Subdivision
$100.00
$250.00
Section 11
Cross Hi
$100.00
$250.00
Section 12
Li hts
$100.00
$250.00
Section 13
o
o
erate in Posted Area
$100.00
$250.00
erate Without Safet Helmet
$100.00
$250.00
Section 17
A person found guilty of an offence against this Bylaw of the Leduc County where no penalty
has been specifically provided is liable on Summary Conviction to a fine not exceeding five
hundred ($500.00) dollars exclusive of costs.