BYLAW NO. 703

A bylaw of the Municipal District of Smoky River No. 130 respecting the use of roads and road allowances under the direction, control and management of the Municipal District of Smoky River No. 130.

Whereas the Municipal Government Act, S.A. 1994, c.M-26.1, as amended, provides that the Municipal District of Smoky River No. 130 has the direction, control and management of all roads within the Municipal District of Smoky River No. 130.

And whereas the Highway Traffic Act, R.S.A. 1980, c.H-7, as amended, provides that the Municipal District of Smoky River No. 130 may, by by-law, grant a license or permit for the temporary occupation or use of a road allowance, public highway, or portion of a road allowance or a highway when it is not required for public use;

And whereas the Council of the Municipal District of Smoky River No. 130 deems it desirable to prohibit and license certain activities on roads within the jurisdiction of the Municipal District of Smoky River No. 130;

Now therefore the Council of the Municipal District of Smoky River No. 130 in the Province of Alberta, duly assembled, enacts as follows:

1. TITLE
1. This Bylaw may be cited as the "Road Restriction and Licensing Bylaw".
2. DEFINITIONS
1. In this Bylaw:
1. words used in this Bylaw have the same meaning as words used or defined in the Municipal Government Act and Highway Traffic Act;
2. "Administrator" means the Administrator for the Municipality and whatever subsequent title may be conferred on that officer by Council or Statute;
3. "Council" shall mean the Council of the Municipal District of Smoky River No. 130;
4. "Cultivate" shall mean:
1. to loosen, break up or till soil, or
2. to farm or harvest crops;
5. "Dispose Of" shall mean to discharge, dump, throw, drop, discard, abandon, spill, leak, pump, pour, emit or empty.
6. "Municipality" shall mean the Municipal District of Smoky River No. 130;
7. "Road" shall mean land:
1. shown as a road on a plan of survey that has been filed or registered in a land titles office, or
2. used as a public road,

and includes a bridge forming part of a public road and any structure incidental to a public road.

8. "Waste" shall mean:
1. any solid or liquid material or product or combination thereof, including, but not limited to:
1. rubbish, refuse, garbage, paper, packaging, containers, bottles, cans, manure, human or animal excrement, sewage or the whole or a part of an animal carcass, or
2. the whole or part of any article, raw or processed material, vehicle or other machinery that is disposed of

and

2. any other thing that is designated as waste in the regulations to the Environmental Protection and Enhancement Act, R.S.A. 1992, c.E-13.3 as amended.
9. "Violation Tag" means a tag or similar document issued by the Municipality pursuant to the Municipal Government Act, S.A. 1994, c.M-26.1;
10. "Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1988, c.P-21.5, as amended.
3. RESTRICTIONS
1. No person shall Dispose of Waste, or allow Waste to escape by any means, on a Road.
2. No person shall Cultivate, or cause to be Cultivated, a Road or any portion thereof.
3. No person shall remove, trim, cut, destroy or otherwise tamper with trees, shrubs or other plant life located on a Road.
4. No person shall remove, or cause to be removed, any quantity of soil, sand or gravel from a Road.
5. No person shall perform, or cause to be performed, any act which may alter the contour, topography, drainage pattern or surface condition of a Road, and without restricting the generality of the foregoing, no person shall construct, or cause to be constructed, a ditch, trench, gulley or canal in a Road.
6. No person shall move, or cause to be moved, snow in or on a Road.
4. LICENSES
1. Notwithstanding any prohibition outlined above, the Municipality may grant a license or permit to a person authorizing any act prohibited by Sections 3.2 to 3.6 inclusive.
2. A person seeking to obtain a permit or license pursuant to paragraph 4.1 shall submit a written application to the Municipality in a form acceptable to the Municipality.
3. The decision of whether to grant a license or permit shall be at the sole discretion of the Municipality.
4. The Municipality may impose any terms or conditions on any license or permit granted as it sees fit.
5. Council hereby delegates to the Administrator the ability to enter into and execute a license or permit agreement on behalf of the Municipality.
5. PENALTIES
1. A person who, by himself or by agent or employee, contravenes any provision of this Bylaw, shall be guilty of an offence and liable to penalty as set out in Schedule "A":
2. Notwithstanding Section 5.1 of this Bylaw, any person who commits a second or subsequent offence under this bylaw within one (1) year of committing the first offence may be liable to a fine of not less nor more the sum as set out in Schedule "A" of this bylaw.
6. VIOLATION TAGS
1. The Administrator is hereby authorized and empowered to issue a Violation tag to any person, who the Administrator has reasonable and probable grounds to believe has contravened any provision of this bylaw.
2. A Violation Tag may be issued to such person:
1. personally;
2. by mailing a copy to such person at his last known post office address; or
3. by leaving it for the defendant at his residence with a person on the premises who appears to be at least 18 years of age;
3. The Violation Tag shall be in a form approved by the Administrator and shall state:
1. the name of the defendant;
2. the offence;
3. the appropriate penalty for the offence as specified in Schedule "A" of this Bylaw;
4. that the penalty shall be paid within 30 days of the issuance of the Violation Tag;
5. any other information as may be required by the Administrator.
4. Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by the Administrator, provided however, that no more than one Violation Tag shall be issued for each day that the contravention continues.
5. Where a Violation Tag is issued pursuant to paragraph 6.1 or 6.4 of this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Municipality’s Treasurer the penalty specified on the Violation Tag.
6. Nothing in this Bylaw shall prevent the immediate issuance of a Violation Ticket.
7. VIOLATION TICKETS
1. In those cases where a Violation Tag has been issued and if the penalty specified on the Violation Tag has not been paid within the prescribed time, then the Administrator is hereby authorized to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, S.a. 1988, c.P-21.5, as amended, to any person who the Administrator has reasonable grounds to believe has contravened any provision of this Bylaw.
2. Notwithstanding paragraph 7.1 of this Bylaw, the Administrator is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, to any person who the Administrator has reasonable grounds to believe has contravened any provision of this Bylaw.
3. Any person to whom a Violation Ticket has been issued may make voluntary payment in respect of the Violation Ticket by delivering the Violation Ticket along with an amount equal to that specified for the offence as set out in Schedule "A" of this bylaw, to the Provincial Court office specified on the Violation Ticket.

8. EFFECTIVE DATE

8.1. This Bylaw shall take effect as and from third and final reading.

READ A FIRST TIME this 11th day of February, 1998.

READ A SECOND TIME this 11th day of February, 1998.

READ A THIRD AND FINAL TIME this 11th day of March, 1998.

Municipal District of Smoky River No. 130

Per: _____________________________ Reeve

Per: _____________________________ Administrator

Schedule "A"

PENALTIES