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Nov. 15 council meeting

Red Deer County council briefs: off-highway vehicles, enforcement authority, potential seniors care facility

Nov 18, 2022 | 2:17 PM

Red Deer County council held their meeting on November 15 discussing off-highway vehicles, expanding authority for Community Peace Officers and a land use bylaw amendment for a potential future seniors care facility.

OFF-HIGHWAY VEHICLES

Council unanimously passed first reading for a proposed new Off-Highway Vehicle (OHV) bylaw.

OHVs consist of low pressure tire vehicles, two-wheel vehicles, amphibious machines for land and water use, all-terrain vehicles, miniature motor vehicles, certain snow vehicles, minibikes, and any other means of motorized transportation built for cross country travel on any natural terrain.

The current bylaw prohibits the use of OHVs on highways within the County’s control, known as county road right-of-ways, for the general public, with exemptions for County employees in the course of their duties and Peace Officers for enforcement purposes.

The proposed bylaw would allow the use of OHVs on county road right-of-ways, with outlined restricted uses in particular areas and guidelines for who may operate an OHV in those restricted areas.

County officials state in the past two years, patrol has not processed any OHV bylaw infractions as the enforcement focus is mainly on contraventions of the Traffic Safety Act.

“Administration recommends this proposed off-highway vehicle bylaw as it will allow County ratepayers to operate off-highway vehicles in a safe and reasonable manner, while still allowing Peace Officers the ability to enforce unsafe actions under the Traffic Safety Act,” the County said in the council agenda.

The item will be brought back to council at their Nov. 29 meeting for second and third reading.

EXPANSION OF COMMUNITY PEACE OFFICER AUTHORITY

Council unanimously authorized the expansion of existing authorities of Red Deer County Community Peace Officers (CPO) to include the enforcement of the Trespass to Premises Act (TPA).

The County’s Patrol department has stated that they periodically receive complaints regarding panhandling at private businesses, homeless persons loitering in privately owned parking lots, particularly in Gasoline Alley, and people loitering in County owned roadways, like ditches.

CPOs currently have the authority to enforce the Petty Trespass Act which applies to “lands” in the Public Lands Act that do not include buildings, structures or parking lots.

The TPA applies to “premises” which include buildings, structures and parking lots. Enforcement of both Acts are complaint driven.

Under TPA enforcement, patrol would only be able to respond to complaints made from the private property owners themselves. If other members of the public call, the County says patrol will work with impacted property owners to determine an appropriate response.

Although RCMP officers have the authority to enforce both Acts, County administration recommended the expansion of authority for CPOs to “alleviate some of the pressure on the RCMP’s workload and ability to respond.”

LAND USE BYLAW FOR POTENTIAL SENIORS CARE FACILITY

Council unanimously granted first reading of a Land Use Bylaw Amendment to redesignate two parcels of land located within Direct Control District #9A – Liberty Landing from Single Family Dwelling-Attached Garage to Medium Density Residential.

As well, within the Medium Density Residential, council passed first reading to add Social Care Facility as a discretionary use to facilitate a potential future development of a seniors care facility.

The parcels are located on the west side of Hwy 2 within the hamlet of Gasoline Alley.

Land Use Bylaw amendment requested for two parcels of land in Liberty Landing and the addition of a discretionary use for a Social Care Facility for a potential seniors care facility (Red Deer County council agenda Nov. 15 p. 72)

A public hearing is scheduled to be held on Jan. 10, 2023.