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THE CORPORATION OF THE CITY OF IQALUIT
ALL TERRAIN VEHICLE BY-LAW
BY-LAW # 557
WHEREAS the City Council of the corporation of the City of Iqaluit deem it appropriate and
necessary to repeal By-Law No. 206 and amendment 373;
AND WHEREAS the Cities, Towns and Villages Act R.S.N.W.T., 1988, c.C-8 section 172.(3);
All Terrain Vehicles Act A-3 provides for the passage of By-Laws regulating for the control, use
and operation of All-Terrain Vehicles on highways and other areas within the City of Iqaluit,
Nunavut, subject to the All-Terrain Vehicles Act;
NOW THEREFORE PURSUANT to the Cities, Towns and Villages Act, the All-Terrain
Vehicles Act and not withstanding any By-Laws, sections thereof, resolutions or prior
enactments;
THE COUNCIL OF THE CORPORATION OF THE CITY OF IQALUIT in session duly
assembled enacts as follows:
SHORT TITLE
1. This By-Law shall be known as "ALL-TERRAIN VEHICLE BY-LAW"
2. SEVERABILITY; if any provision of this By-Law is declared invalid because of
any word, phrase, clause, sentence, paragraph or section of this By-Law or any documents which
may form part of this By-Law or an application thereof to any persons or circumstances is
declared invalid, the remaining provisions and the application of such provisions shall not be
effected thereby but shall remain in full force.
PART I
INTERPRETATION
3. In this By-Law
(1) "ADULT" means a person of 16 years of age or over
(2) "ALL-TERRAIN VEHICLE" means a motorized vehicle that runs on
wheels, tracks, skis or air cushions and is designed for cross country
travel on land, water, snow, marsh, and swamp or on other natural terrain
and without limiting, the foregoing will include:
(a) an amphibious vehicle
(b) a snow vehicle
(c) a motorized vehicle mounted on 3, 4, 5 or 6 wheels
(d) a pedal bike with motor attachment
(e) a motorcycle that has a piston displacement of 75 cubic centimetres or less
(f) any other vehicle prescribed to be included.
(3) "COUNCIL" means the council of the City of Iqaluit.
(4)
"DRIVER" means a person who drives or is in actual physical control of the
all terrain vehicle
(5) "HIGHWAY" means a highway as defined by the Highway Traffic Act.
(6) "INSURANCE" means motor vehicle liability insurance.
(7) "LICENSE PLATE" means a license plate issued pursuant to the All-
Terrain Vehicle Act or the City of Iqaluit All-Terrain Vehicle By-Law.
(8)
"MUNICIPALITY" means for the purpose of this by-law an area that
extends no further than five hundred yards from the nearest Highway.
(9)
"TRAILER" means a vehicle, qamutik or sleigh towed by another
BY-LAW 557
Page 2
(10) "OFFICER" means a By-Law Officer of the City of Iqaluit or a member of
the Royal Canadian Mounted Police
(11) "OWNER" means a person in whose name an All-Terrain Vehicle is
required to be registered and licensed pursuant to the All-Terrain Vehicles Act and
includes any person renting or leasing an All-Terrain Vehicle and having the
exclusive use thereof.
(12) "REGISTRATION CERTIFICATE" means a registration certificate for a
snow vehicle issued pursuant to this By-Law.
(13) "REGISTRATION NUMBER PLATE" means an identification number
plate for a snow vehicle issued pursuant to this By-Law.
(14)
"SAFETY HELMET" means a rigid helmet of a prescribed type in
accordance with the All-Terrain Vehicles Act.
(15)
"LAND" means for the purpose of this by-law, the area that extends beyond
five hundred yards from the nearest highway
4. Save as herein otherwise provided, the terms and expressions in this By-Law have
the same meaning as in the Interpretation Act, the All-Terrain Vehicles Act and the
Cities, Towns and Villages Act.
PART II
REGISTRATION
5. (1) All-Terrain Vehicles shall be registered under the All-Terrain Vehicle Act with
the exception of Motorized Snow Vehicles, which shall be registered with the City
of Iqaluit. A person shall not drive an All-Terrain Vehicle unless there is an affixed
registration plate.
(2) A person shall not drive, cause, allow or permit to be driven, an All-Terrain
Vehicle, unless that Vehicle is registered in accordance with section 5 (1) of this
By-Law and a valid insurance policy is carried on the vehicle.
(3) An application to register a snowmobile with the City of Iqaluit shall be
made on a prescribed form in accordance with schedule "A" of this By-Law.
(4) A transfer of ownership shall be treated as a new application for registration and
identification.
PART III
EQUIPMENT
6 (1) A person shall not drive, operate, or otherwise move a vehicle between sunset
and sunrise unless the vehicle is equipped with and there is effective operation of
head and tail lamps.
(2) A person shall not drive, operate, or otherwise move a vehicle unless the
vehicle is equipped with an adequate and effective braking system.
(3) An All-Terrain Vehicle shall be equipped with a noise muffler or other noise
reducing equipment which shall be kept in good working order and which shall
prevent excessive or unusual noise and a person shall not equip a vehicle with a
muffler cut-off, straight exhaust, gutted muffler, Hollywood muffler, by-pass or
other device which has the effect of by-passing or reducing the efficiency of that
noise reducing equipment.
BY-LAW 557
Page 3
(4) Every All-Terrain Vehicle shall be equipped with a rigid hitch when towing any
sleigh, trailer or any other object.
PART IV
OPERATION
7. (1) A person under the age of 14 years shall not drive an All-Terrain Vehicle
unless accompanied on the All-Terrain Vehicle by an Adult.
(2) A person other than the operator shall not ride on a vehicle unless the
vehicle is designed and equipped by the manufacturer to carry more than one
person.
(3) A person shall not operate, ride as a passenger on a vehicle, or be towed in a
trailer behind unless wearing a helmet that complies with the All-Terrain Vehicle
Act and it is properly fastened.
(4) A person who operates an All-Terrain Vehicle:
(a) Without due care and attention
(b) Without reasonable consideration for other persons or property
Is guilty of an offence and liable and may, in lieu of prosecution, pay the city a
voluntary penalty amount for the offence as listed in schedule B prior to the date
specified on the Summary Offence Ticket.
(5) The driver of an All-Terrain Vehicle, when driving on a roadway, shall not
operate the All-Terrain Vehicle abreast of any other All-Terrain Vehicle except
when overtaking and passing that vehicle
(6) Drivers of All-terrain Vehicles shall follow the speed restrictions as
indicated in the City of Iqaluit Highway Traffic By-Law
(7) Drivers of All-Terrain Vehicles shall obey all traffic control devices as
indicated in the City of Iqaluit Highway Traffic By-Law
(8) The driver of an All-Terrain Vehicle, when driving on a roadway, shall
operate the vehicle as close as practicable to the right-hand curb or edge of the
roadway.
(9) The driver of an All-Terrain Vehicle shall not operate the vehicle where signs
prohibit its use. No person shall operate a vehicle on any playground, school
ground, park, or sidewalk
(10) The operator of an All-terrain Vehicle within the City shall stop the vehicle
before crossing any highway and shall proceed only when it is safe to do so.
PART V
GENERAL PROVISIONS
8 (1) where the owner of an All-Terrain Vehicle, which is operated within the
City, is a resident outside the boundaries of the City, he shall be deemed not to be
in contravention of Part II of this By-Law if the vehicle is operated within the City
for not more than 30 consecutive days.
BY-LAW 557
Page 4
(2) Where the operator and passengers of an All-Terrain Vehicle are going to
or returning directly from the land, the operator and passengers shall be deemed not
to be in contravention of Part III Section 6 (4) or Part IV Section 7 (3) of this By-
Law.
(3) When in the course of enforcing the provisions of this By-Law, an officer
operates an All-Terrain Vehicle within the City, he shall be deemed not to be in
contravention of this By-Law.
(4) Organized All-Terrain Vehicles may hold practices, rallies, or races at
locations and times approved by the By-law Department, at which occasions the
maximum speed limits shall not apply.
(5) Approval is required for the foregoing and shall be applied for in writing
and the approval of the By-law Department shall be in writing in order to be valid.
PART VI
INSPECTION OF ALL-TERRAIN VEHICLES
9 (1) An officer may direct a person, operating an All-Terrain Vehicle within
the City, to stop and park the vehicle to determine if the person operating the
vehicle and the equipment comply with the requirements of this By-Law and the
All-Terrain Vehicles Act.
(2) A person operating an All-Terrain Vehicle who is directed to stop and
park by an officer pursuant to subsection (1) shall comply with the direction.
(3) An officer who has directed a person operating an All-Terrain Vehicle
to stop and park, may inspect the vehicle and any safety item in respect to the
vehicle to determine if the vehicle and the item comply with the requirements of
this By-Law and the All-Terrain Vehicles Act.
(4) The person having control of the All-Terrain Vehicle being inspected
pursuant to this section and any passenger on the vehicle shall provide all
reasonable assistance to the officer conducting the inspection.
(5) Where an officer has conducted an inspection pursuant to subsection (3)
of this Part, believes the vehicle is in such condition that it may endanger the safety
of the operator, a passenger or the public, the officer may direct the person having
control of the All-Terrain Vehicle to remove it from service.
(6) A person who is directed to remove the All-Terrain Vehicle from service
by an officer pursuant to Subsection (5) shall comply with the direction.
(7) An officer who directs the removal of an All-Terrain Vehicle from
service pursuant to Subsection (5) shall immediately provide the operator of the
vehicle with a notice which sets out the equipment or parts that must be repaired,
removed or added so that the operation of the vehicle does not endanger the safety
of the operator, passenger or public.
(8) Where an officer directs the removal of an All-Terrain Vehicle pursuant
to Subsection (5) the driver of the vehicle or his agent shall have the vehicle towed
or otherwise removed by a means that does not require the engine to be started.
(9) No person shall operate an All-Terrain Vehicle that is subject of a notice
referred to in Subsection (7) unless the repair, removal or addition of equipment or
parts of the vehicle set out in notice have been completed.
BY-LAW 557
Page 5
PART VII
SEIZURE AND IMPOUNDMENT
10. (1) An officer, who on reasonable and probable grounds, believes that any
offence referred to in this By-Law has been committed, may seize and detain any
All-Terrain Vehicle in respect of which the offence has been committed until the
final disposition of any proceedings that may be taken under this By-Law.
(2) An officer seizing an All-Terrain Vehicle pursuant to Subsection (1) may
cause the vehicle to be removed and taken and stored in a suitable place and may
cause such tests and examinations thereof to be made as he considers proper.
(3) All costs for the removal, care, and storage of the All-Terrain Vehicle are
a lien upon the vehicle that may be enforced in the manner provided in the Garage
men's Liens Act.
(4) The owner of the All-Terrain Vehicle may recover the vehicle by
obtaining a statement of release from an officer, presenting same to whoever has
custody of the vehicle and paying all required charges, if any, for removing, caring
and storing the vehicle.
(5) The owner of the All-Terrain Vehicle has 30 days from the date of the
seizure to give his intention as to disposal and or release of his vehicle. Failure to
do so shall result in the City disposing of the vehicle as the city sees fit.
PART VIII
OFFENCES
11 (1) Except as otherwise provided in this By-Law, every person who violates
or fails to comply with the provisions of this By-Law is guilty of an offence and is
liable upon summary conviction for each offence, to a fine not exceeding $ 500.00
or to imprisonment for not more than 30 days or to both such fine or imprisonment.
(2) Pursuant to the provisions of the Summary Convictions Procedures Act, an
officer may issue a summary offence ticket information to any person who violates
any provisions of this By-Law and such person may, in lieu of prosecution, may
pay the City a voluntary penalty amount for the offence as listed in Schedule "B"
prior to the date specified on the ticket.
PART IX
REPEAL
12 (1) This By-Law shall repeal By-Law number 206 and amendment 373 of the
City of Iqaluit and shall come into force and take effect on the day of the final
passing thereof.
PART X
SCHEDULES
13 (1) Schedules "A" and "B" are attached to this By-Law and may be changed
from time to time by resolution of council.
BY-LAW 557
Page 6
THIS BY-LAW READ A FIRST TIME this__14 __ day of _ May _2002
by the Council of the City of Iqaluit, Nunavut.
________________________
MAYOR
________________________
CHIEF ADMINISTRATIVE OFFICER
THIS BY-LAW READ A SECOND TIME this__11th_ day of _June
2002, by the Council of the City of Iqaluit, Nunavut.
________________________
MAYOR
________________________
CHIEF ADMINISTRATIVE OFFICER
THIS BY-LAW READ A THIRD AND FINAL TIME this this__11th_ day
of _June 2002, by the Council of the City of Iqaluit, Nunavut.
________________________
MAYOR
________________________
CHIEF ADMINISTRATIVE OFFICER
SCHEDULE "A"
BY-LAW 557
1. Fees:
Registration of motorized snow machines $ 25.00
[[ Registration Form to be added ]]
SCHEDULE "B"
BY-LAW 557
FINES
OFFENCE SECTION VOLUNTARY PENALTY
1. ATV not registered 5(1) $ 100.00
2. Failure to display valid license plate 5(1)
$ 50.00
3. No valid insurance 5(2)
$ 200.00
4. Speeding 7(6) $ 100.00- 0-16 kms over
$ 150.00 - 17-25 kms over
$ 200.00- 26-36 kms over
$ 250.00-36 kms plus over
5. Fail to obey traffic control device 7(7) $ 150.00
6. Ineffective head or tail 6(1) $ 50.00
lamps between sunset and sunrise
7. Inadequate or ineffective braking 6(2)
$ 50.00
system
8. Unsuitable noise reduction equipment 6(3)
$ 250.00
9. Ineffective hitch 6(4)
$ 50.00
10. Unaccompanied person under 14 years of age 7(1)
$ 50.00
11. Operator or passenger not 7(3)
$ 100.00
wearing a helmet
12. Without due care and attention 7(4a)
$ 200.00
13. Without consideration for 7(4b) $ 200.00
persons or property
14. Driving abreast of another vehicle 7(5)
$ 100.00
15. Failure to drive close to right of curb 7(8)
$ 50.00
16. Failure to obey sign prohibiting use 7(9)
$ 150.00
17. Operating on school grounds 7(9)
$ 150.00
playground, park or sidewalk
18. Crossing highway when unsafe 7(10)
$ 150.00