WHEREAS the Local Government Act authorizes Council to regulate the use of all highways and public places within the District of Tumbler Ridge;
AND WHEREAS the Motor Vehicle (All-Terrain) Act authorizes Council to regulate and prohibit the operation of all-terrain vehicles within the District;
AND WHEREAS the Motor Vehicle Act authorizes Council to remove detain or impound vehicles unlawfully occupying a highway or public place within the District;
NOW THEREFORE the Municipal Council of the District of Tumbler Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited for all purposes as the “Off-Road Vehicle Bylaw No. 471, 2003.”
2. In this Bylaw:
“Bylaw Enforcement Officer” means every person designated by Council as a bylaw enforcement officer for the District, and every peace officer;
“Council” means the Municipal Council of the District;
“District” means the Corporation of the District of Tumbler Ridge;
“Off-Road Vehicle” means a vehicle propelled by a motor that is designed for off-road travel, and includes ATVs, quads, dirt bikes, snowmobiles, and any vehicle defined by the Motor Vehicle (All-Terrain) Act as an all-terrain vehicle, but excludes conventional trucks or cars with off-road capabilities;
“public place” means any area owned, possessed or leased by the District or the provincial or federal governments, and includes parks, school grounds and golf courses that are open to the public;
“Restricted Area” means the area bounded to the East by the western boundary of the Heritage Highway, to the South by the northern boundary of the Chetwynd Highway and Flatbed Creek, to the West by the eastern boundary of the Murray River, and to the North by the northern boundary of District Lot 3164 of the Peace River District, as shown in red on the plan attached to this Bylaw as Schedule “A”, but does not include any trail marked in purple on the Plan as a “Proposed ATV Trail” provided that the trail has been signed as an ATV trail by the District. No person shall operate, or permit to be operated, an Off-Road Vehicle on any highway or public place within the Restricted Area.
3. No person shall operate an all-terrain vehicle as defined in the Motor Vehicle (All-Terrain) Act, on any land, whether public or private, in the Restricted Area, except with the permission of the owner of the land.
4. A Bylaw Enforcement Officer may remove, detain or impound any Off-Road Vehicle unlawfully occupying a portion of a highway or public place within the Restricted Area.
5. This bylaw does not apply to police, fire, ambulance, search and rescue or other emergency vehicles.
6. Every person who violates a provision of this bylaw, or who suffers or permits any act or things to be done in contravention of, or in violation of any provision of this bylaw, or who neglects to or refrains from doing anything required to be done by any provision of this bylaw, is guilty of an offence against this bylaw and is liable on summary conviction to a penalty of not more than $10,000.00.