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DRAFT Bylaw 1980-20 Boating Safety & Aquatic Invasive Species COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1980-20 BEING A BYLAW OF THE COUNTY OF NEWELL, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF ENCOURAGING WATER SAFETY AND TO MAINTAIN AND PROTECT IRRIGATION INFRASTRUCTURE AND OTHER PROPERTY BY CONTROLLING AND PROVIDING REGULATIONS AND PENALTIES PERTAINING TO PREVENTING CERTAIN AQUATIC INVASIVE SPECIES FROM ENTERING THE EASTERN IRRIGATION DISTRICT NETWORK AND THE ORDERLY AND SAFE LAUNCHING AND OPERATION OR WATERCRAFTS WHEREAS, Section 7of the Municipal Government Act, RSA. 2000 c. M-26 provides that Council may pass bylaws for the safety, health & welfare of people and the protection of people and property; AND WHEREAS, pursuant to Section 60 of the Municipal Government Act aforesaid which provides that subject to any other enactment, a Council has control and management of, among other things, rivers, streams, watercourses and other bodies of water within the municipality including the air space above and the ground below; AND WHEREAS the County of Newell has a large amount of infrastructure susceptible to certain aquatic invasive species; 1410111h6. AND WHEREAS the County of Newell has a large number of watercraft usage within the Eastern Irrigation District network; NOW THEREFORE, the Council for the County of Newell, in the Province of Alberta, duly assembled, hereby enacts as follows: 1. TITLE:7� 'IV This Bylaw may be cited as the "Boating Safety and Aquatic Invasive Species Bylaw". 2. DEFINITIONS: (1) In this Bylaw: (a) "Act" means the Municipal Government Act, RSA 2000, c M-26, and amendments thereto, or the Provincial Offences Procedures Act, RSA 2000, c P-34 and amendments thereto, as applicable; (b) "Approved Watercraft Launch" means a watercraft launch designated by the EID or the County of Newell as noted in Schedule "D"; (c) "Aquatic Invasive Species" means those non-native organisms, as noted in Schedule "F", that have been brought from other places into Alberta by being in or on Watercrafts and that can cause harm to the irrigation infrastructure and other property; (d) "Aquatic Invasive Species Prevention Program" referred to as "AIS Prevention Program" in this Bylaw means the program established by the Eastern Irrigation District to prevent the introduction and spread of Aquatic Invasive Species as per parameters set out in Schedule "E"; (e) "Commitment Form" means a form signed by an EID employee and a Watercraft Owner, where the Watercraft Owner is agreeing to follow the regulations and rules set out in the Aquatic Invasive Species Prevention Program as noted in Schedule "B"; (f) "Eastern Irrigation District (EID)" means the Irrigation District which operates within the County of Newell under the authority of the Alberta Irrigation Districts Act, RSA 2000, c I-11; (g) "Chief Administrative Officer (CAO)" means a person appointed to that position by the County of Newell Council as per section 205 of the Municipal Government Act, RSA 2000, c M-26; (h) "Council" means the Council of the County of Newell; (i) "County" means the County of Newell; (j) "Decontamination" means the cleaning and disinfection of, and/or the eradication or clearing of, Aquatic Invasive Species or subject water or both from a Watercraft or trailer; . "4% (k) "Highway" has the same meaning as in the Traffic Safety Act, RSA 2000, c T-6; in "High Risk Area" means an area that has been designated in writing by the County or the EID, which poses a higher risk of the presence and introduction of Aquatic Invasive Species; (m) "Inspection Form" means a document given to a Watercraft Owner/operator by an authorized representative of the Government of Alberta stating that the Watercraft has had an official inspection for Aquatic Invasive Species; (n) "Inspector" means either an employee of the EID hired to inspect Watercrafts, or an administrator of the EID Aquatic Invasive Species Prevention Program and includes EID campground staff, or a Peace Officer as defined in this Bylaw; (o) "Decal" means a decal issued to a Watercraft Owner by the EID or Inspector in accordance with this Bylaw as per Schedule "C"; (p) "Owner" means a person who owns or has possession or control over a motor vehicle, trailer or a Watercraft and includes any person renting a motor vehicle, trailer, or a Watercraft or having the exclusive use of a motor vehicle, trailer, or a Watercraft under a lease agreement; (q) "Peace Officer" means a: i. Community Peace Officer as appointed by the Solicitor General of Alberta, ii. a Bylaw Enforcement Officer as appointed by the County of Newell to enforce bylaws of the County, or iii. a member of the Royal Canadian Mounted Police. (r) "Trailered Watercraft" means a Watercraft loaded on a Watercraft trailer or other trailer which is backed into the water to launch the Watercraft (s) "Waterbodies" means any Reservoir, Lake, Pond or Conveyance of Water within or connected to the Eastern Irrigation District Networked as noted in Schedule "G"; (t) "Watercraft" means a boat, ship or other craft designed, used or capable of being used for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes a vessel that is under construction. '1W (u) "Violation Tag" means a notice or tag in a form as approved by the CAO, issued by the County of Newell allowing a voluntary payment option of a fine established under this Bylaw; and (v) "Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offences Procedures Act, RSA 2000, c P-34, as amended and any regulations thereto. 3. LIMITATIONS (1) Any obligation or authorization given by or under this Bylaw shall affect only to the 14 extent that such obligation or authorization does not involve contravention of the Fisheries (Alberta) Act, RSA 2000, c F-16, the Fisheries Act, RSC 1985, c F-14 or any other applicable law. 4. OWNER AND OPERATOR RESPONSIBILITIES (1) All Watercraft in the County of Newell are subject to this Bylaw. (2) An Owner or Watercraft operator: (a) Must participate in the AIS Prevention Program prior to launching a Watercraft in Waterbodies; (b) Shall ensure Watercrafts are clean, drained and dry after use and prior to transportation within the County; and (c) Shall obey all signs posted by the EID restricting Watercrafts or the launching of Watercrafts. (3) If a Watercraft has left the Province of Alberta, the Owner or Watercraft operator's participation in the AIS Prevention Program is void and the Owner or Watercraft operator must reenter the AIS Prevention Program. Additionally, the Owner or Watercraft operator must: (a) Produce a current provincial Inspection Form (b) Have proof of Decontamination if coming from High Risk Area; and (c) Give details to the EID as to where the Watercraft is coming from and what waterbodies it was in. 5. LAUNCHING A WATERCRAFT 4e (1) An Owner or Watercraft Operator shall not launch `a"Watercraft or Trailered Watercraft in Waterbodies if there are Aquatic Invasive Species on or in the Watercraft or the trailer upon which the Watercraft is being transported. IMILIAMW (2) An Owner or Watercraft operator shall not launch a Watercraft or Trailered Watercraft in Waterbodies if there is foreign standing water in the Watercraft. (3) An Owner or Watercraft operator shall not launch a Watercraft or Trailered Watercraft in Waterbodies at any place other than at an Approved Watercraft Launch. , , -"q% V46V (4) An Owner or Watercraft operator shall notify EID staff at campground offices or the main EID office prior to launching a Watercraft in Waterbodies, this includes Watercrafts already participating in the AIS Prevention Program. (5) Until approval has been granted by an Inspector, an Owner or Watercraft operator shall not launch in Waterbodies a Watercraft that has not previously been enrolled in the AIS Prevention Program. (6) An Owner or Watercraft operator shall not launch in Waterbodies a Watercraft which has entered the County from a High-Risk Area regardless of being registered with the AIS Prevention Program until approved to do so by an Inspector. (7) Until approval has been granted by an Inspector an Owner or Watercraft operator shall not launch in Waterbodies a Watercraft which has left and re-entered the Province of Alberta. 6. PREVENTION PROGRAM (1) The EID will provide the following documentation to Owners and Watercraft operators participating in the AIS Prevention Program: (a) An AIS Prevention Program and Commitment Form, as per Schedule "B"; and (b) An AIS Prevention Program Decal as per Schedule "C". (2) A completed AIS Prevention Program and Commitment Form shall include: (a) Owner or Watercraft operator name, address and phone number; (b) Watercraft make and model; (c) Hull identification number, if applicable; (d) Pleasure Craft Licence number, as per requirements in the Canada Shipping Act, SC 2001, c 26; (e) Trailer licence plate number; (f) Towing Vehicle Licence plate number; (g) Last waterbody the Watercraft was use\and (h) Whether or not the Watercraft has left the Province of Alberta within the last thirty (30) days. (3) An Owner or Watercraft operator must enter into an agreement as per the AIS Prevention Program and Commitment Form in Schedule "B". (4) A Decal shall include: (a) The current year and the date of inspection/enrollment in the AIS Prevention Program; and Mmhh�l in (b) Pleasure craft licence, if applicable. (5) An Owner or Watercraft operator shall affix the Decal to the port (left) side of the Watercraft's windshield or where practicable on the port (left) side of the Watercraft. (6) All Owners or Watercraft operators are required to have a Pleasure Craft Licence as Per the Canada Shipping Act, SC 2001, c 26, and must display a Pleasure Craft Licence that is registered in the name of the Owner or Watercraft operator before participating in the AIS Prevention Program. (7) An Owner or Watercraft operator shall not provide any false or misleading information, including verbal communication, regarding the Watercraft participating in the AIS Prevention Program. (8) An Inspector may deny the Participation of any Watercraft in the AIS Prevention Program if, on reasonable grounds, it is believed: (a) The Owner or Watercraft operator has given false information, or (b) The Watercraft may be an Aquatic Invasive Species contamination risk to Waterbodies. 7. INSPECTION (1) An Inspector may request to inspect a Watercraft for compliance with this Bylaw before it launches, and may also require the Owner of Watercraft operator to produce: (a) Proof of participation in the AIS Prevention Program, which will include a Decal and the AIS Prevention Program and Commitment Form; and (b) An inspection Form for all Watercraft originating from outside of Alberta since their last launch occurred. (2) An Owner or Watercraft operator shall participate in an inspection when requested by an Inspector. (3) A Watercraft shall not be launched when the Owner or Watercraft operator fails to fully participate in an inspection. (4) Inspections may include but are not limited to (a) Anchors; (b) Bilge areas; Agar," -IN (c) Hull; (d) Life jackets and paddles; (e) Live wells; (f) Motor, including drives and any power train components that utilize fresh water; (g) Wet storage compartments; (h) Trailer; and (i) Any other area on a Watercraft or trailer used to haul a Watercraft in which an Inspector believes, on reasonable grounds,Aquatic Invasive Species may be located thereon or therein. (5) An Owner or Watercraft operator must provide reasonable assistance to an Inspector and shall: (a) Remove ballast bags if applicable; (b) Demonstrate internal holds are dry; (c) Engage bilge/ballast pumps if applicable; and, (d) Lower motor(s) or drive(s) to remove any standing water. (6) An Inspector may deny the launching of a Watercraft which, in the opinion of the Inspector be a contamination risk to Waterbodies of where the Owner or Watercraft operator failed to fully participate in an Inspection or to produce documentation that may be requested by an Inspector. (7) An Owner or Watercraft operator shall not provide any false or misleading information to an Inspector. 8. TRANSPORTATION (1) No person shall transport a Watercraft on any Highway in the County if the drainage holes of the Watercraft are blocked with a plug. (2) No Person shall transport a Watercraft on any Highway in the County if there are Aquatic Invasive Species on or in the Watercraft or the trailer upon which the Watercraft is being transported. (3) No Person shall transport a Watercraft on any Highway in the County if there is standing water in the Watercraft. (4) No Person shall be in possession of Aquatic Invasive Species in the County: 9. POWERS OF AN INSPECTOR (1) An Inspector may execute those powers provided to them by this Bylaw, including the ability to: - <La) Inspect and request to inspect a Watercraft or trailer; and ) Request to see any documentation relating to the Watercraft's participation in the AIS Prevention Program. 10. POWERS OF A PEACE OFFICER (1) In addition to those powers provided to Inspectors and Peace Officers under this Bylaw, for the purpose of ensuring compliance with this Bylaw, a Peace Officer may: (a) Stop any vehicle transporting a Watercraft, or any watercraft that has already been launched in a Waterbody, for an inspection and to request to see any documentation relating to the AIS Prevention Program; and (b) Request for a Watercraft to be removed from any Waterbody and the Owner of Watercraft operator shall remove the Watercraft forthwith after being requested to do so. 11. PENALTIES (1) Any Person who contravenes any provisions of this Bylaw is guilty of an offence and is liable to a penalty, as set out in Schedule "A" of this Bylaw. (2) Where a Peace Officer believes on reasonable and probable grounds that a person has contravened any provision of this Bylaw, a Peace Officer may serve upon such person a Violation Tag either personally or by delivering it to the person at their residence with a person on the premises who appears to be at least eighteen (18) years of age or by delivery to their residence by mail and such service shall be adequate for the purpose of this Bylaw. (3) A Violation Tag shall be in such form as determined by the County and shall state: (a) the section of the Bylaw which was contravened; and (b) the fine which is provided for within schedule "A" of this Bylaw, including any amendments or additions thereto, that will be accepted by the County in lieu of prosecution. (4) If a Violation Tag issued pursuant to this Bylaw is presented within fourteen (14) days from the issue thereof, together with payment to the County of the specified penalty and/or fee, the person to whom the Violation Tag was issued will not be liable for prosecution for the contravention in respect of which the Violation Tag was issued. (5) Notwithstanding the provisions of this Bylaw, a person to whom a Violation Tag has been issued may exercise his right to defend any charge of committing a contravention of any provision of this Bylaw. 12. SUMMARY CONVICTION (1) A Person who contravenes a provision of this Bylaw by doing something they are 11 prohibited from doing, or by failing to do something which they are required to do, or by doing something in a manner different from that in which they are required or permitted to do by this Bylaw, is guilty of an offence and upon summary conviction, liable to a fine of not more than ten thousand ($10,000) dollars. (2) Where there has been a breach of this Bylaw, a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act RSA 2000, c P-34 as amended. This Bylaw comes into full force and effect upon the third and final reading. April 9, 2020 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1980-20 receive FIRST reading. MOTION CARRIED DATE MOVED BY COUNCILLOR that Bylaw 1980-20 receive SECOND reading. MOTION CARRIED DATE MOVED BY COUNCILLOR that Bylaw 1980-20 receive THIRD and FINAL reading. MOTION CARRIED Reeve Chief Administrative Officer Schedule "A" Penalties Section Offence Penalty 4(2)(a) Launch Watercraft when not participating in AIS Prevention $115 Program 4(2)(b) Fail to ensure Watercraft is clean, drained and dry $115 4(2)(c) Fail to obey lawful sign $115 5(1) Launch Trailered Watercraft where prohibited $115 5(2) Fail to notify EID prior to launching $115 5(3) Launch watercraft that has not been enrolled in the AIS Prevention $115 Program 5(4) Launch Watercraft coming from High Risk Area without approval $230 5(5) Launch Watercraft without approval after leaving the province $115 6(5) Fail to affix Decal to Watercraft $50 6(7) Providing false information regarding a Watercraft participating in $500 the AIS Prevention Program 7(2) Launch Watercraft after failing to fully participate in an inspection $230 7(7) Provide false or misleading information to an Inspector or Peace $500 Officer 8(1) Transporting Watercraft with drainage holes plugged $115 8(2) Transport Watercraft with Aquatic Invasive Species on or in the $500 Watercraft 8(3) Transport Watercraft with standing water $115 8(4) Being in unauthorized possession of Aquatic Invasive Species $500 10(1)(b) Fail to remove Watercraft from Waterbody when requested to do $500 so Schedule "B" Prevention Program Form and Commitment From Eastern Irrigation District Aquatic Invasive Species Prevention Program fp Date: Time: Location: Type of Watercraft: Pleasure Craft License#: Vehicle License Plate: Prov./State: Trailer License Plate: Prov./State: Last body of water boat was in? Prov./State: Was the watercraft out of Alberta in the last 30 days? Yes No If yes,from where? Prov./State: If yes,do they have ALBERTA watercraft inspection form from last 30 days? Yes No If yes,from where? Date: Was the watercraft granted permission to launch? Yes No If no,give explanation as to why: Commitment Form Owner/Operator: City of Residence: Prov./State: Phone Number: I solemnly declare that I will abide by the following regulations in orderthat I may be part of the EID's Aquatic Invasive Species Prevention Program and do my best to ensure that Aquatic Invasive Species do not enter EID water storage reservoirs and water conveyance infrastructure. • I do understand that the EID owns and operates thirteen water storage reservoirs including Lake Newell,Crawling Valley,and Rolling Hills Reservoir and other waterconveyance infrastructure and as such controls activities around and on the reservoirs and water conveyance infrastructure. • I understand that I will only launch from approved launch sites on any EID reservoir. • I understand the policy and legislation in Alberta for Aquatic Invasive Species specifically the Clean, Drain,and Dry policy. • I agreethat if I leave the province of Alberta I will have my watercraft inspected by the Government of Alberta upon re-entering the province at watercraft inspection station. • I understand that if I do not abide by the above I could be forbidden from boating on irrigation reservoirs within the EID. Boat Owner EID Representative IF YOU SUSPECT AQUATIC INVASIVE SPECIES ARE PRESENT ON ANY WATERCRAFT CALL THE AIS 24 HR HOTLINE AND REPORT IT AT 1-855-363-2628. The information on thia form Is being collected and used by the Ea tern Irrigation District and the Government ofAlberta pursuant to 5ection 33 k)of the Freedom of Information and Protection of Privacy Act for the purpose of monitoring boat activity in the Eastern Irrigation District to protect against Aquatic Invasive 5P ies.If you have any questionsregarding the collection or use of this Information.please cwotaa the Eastern Irrigation Dscria at 403-362-1400 or el dge id.ca. N ofe:'Pleasure Craft License A're(ers m the bast Iden tifieadon numberllettar mmbi,ution luund 1n contrasting(ant on the hull, Schedule "C" Prevention Program Decal. Year and Color will alter from year to year HAS ENT 10 0 Vessel �- oQupTic In SIVE SPECI(S m PREv nTI0fl PH06HRM E► �02�0 N "NW Schedule "Y or as Amended Approved Watercraft Launches 1. Crawling Valley Reservoir Campground Legal Land Description 16 - 11 - 22 - 18 W4M 2. Rolling Hills Reservoir Campground Legal Land Description 08 - 30 -16 - 14 W4M 3. Lake Newell Resort Marina Legal Land Description 08 - 01- 18 - 15 W4M 4. Kinbrook Island Provincial Park Legal Land Description 15 & 16 - 19 -17 -14 W4M 5. Little Dam Reservoir Legal Land Description 06 - 03 - 21 -18 W4M 6. Rock Lake Reservoir Legal Land Description 11 - 11 - 20 -15 W4M 7. Cowoki Reservoir Legal Land Description 12 - 35 - 18 - 13 W4M 8. Tilley B Reservoir Legal Land Description 14 - 36 -18 -13 W4M 9. Snake Lake Reservoir Legal Land Description 06 - 03 - 20 -17 W4M 10. 12 Mile Coulee Reservoir Legal Land Description 03 - 06 - 15 - 12 W4M Any place the Easter Irrigation District allows the launching of Watercrafts by sign is also an "Approved Watercraft Launch". Schedule "E" Aquatic Invasive Species Prevention Program 1. Prior to launching a watercraft an owner/operator must notify the EID and enter the Prevention Program. Owners/operators can contact the EID at: • The EID Office located at 550 Industrial Rd W, Brooks, AB • Campground Offices at Rolling Hills Reservoir Campground or Crawling Valley Campground • By phone: - EID General: 403-362-1400 - EID Land Administrator—Aquatic Invasive Species: 403-363-9694 - Rolling Hills Reservoir Campground (in season only): 403-363-5603 - Crawling Valley Campground (in season only): 403-641-4095 - EID Land Administrator— Habitat, Wildlife and Access: 403-362-1414 • Email: - watercraft(a)-eid.ca - eid.ais .eid.ca lik, X 2. Owners/Operators will have to fill out a Watercraft Information Form and sign a Commitment Form as per Schedule "B". Watercrafts required to have a pleasure craft license as per the Small Vessel Regulations pursuant to the Canada Shipping Act, 2001 MUST be properly licensed and prove the watercraft is licensed to the Owner of the watercraft. The license must be visible on the watercraft as per the Small Vessel Regulations. More information on licensing can be found at: www.tc.gc.ca If the watercraft has left the Province of Alberta the owner/operator will be required to produce proof of the watercraft being inspected by the Province of Alberta. An Inspector may inspect the watercraft to check for any signs of Aquatic Invasive Species being attached to a watercraft and for any standing water. Owners/operators may be asked and shall remove any standing water when requested to do so. When removing standing water, the watercraft must not be near any waterbody to ensure water bodies are not contaminated by standing water removed from the watercraft. 3. Once entered in the program the owner/operator will receive a decal, with the watercrafts license number and/or description. The decal does not need to be affixed to the watercraft however, the owner/operator may be asked to produce the decal. 4. All documentation will have to be retained by the owner/operator as an inspector may request to see proof of a watercraft's participation in the program. 5. If a watercraft leaves the Province of Alberta, an owner may be required to contact the EID and may need to have proof of an Alberta inspection before being eligible to re-enter the program. Schedule "F" Aquatic Invasive Species Aquatic Invasive Species are but not limited to: Primary: • Zebra Mussels • Quagga Mussels • Golden Mussels Secondary: • Phragmites (plant) • Flowering Rush (plant) • Eurasian Milfoil (plant) • Chinese Mystery Snail • Asian Clam Schedule "G" Eastern Irrigation District Network Range 18 Range 17 Rnnge 1fi Range 11 a,",to fi r Eastern Irrigation District N E I W S E I Y � Cra I ng F� v,n N Re.er�o I R r r,Re Rosemary ls`nle ^�'�.,-L.r � 1a '� ��,>� Du dchess illieent I�I _ ,wIM - zolnein en o Lake Patrltla�{ s Aetl i 1W t9yRG s - iwrF— Ie 6 rvr ce.1s e t i � r I---i r ervu „R r � o,u \ r,r ir s Resort K 0 v — Tilley �� aGru f 1 11 �L Rcscrvcir L a. Rainier rr Irrigation System uNr J =Ma in Canal:Earth �l — I� Main Canal.Lined 11Ilu IL—rLll =t Main Canal:Pipelinetn ' \ n�Ll I � �I Drains Scandla - .. n—IIJ^IIIJUIII___IIII�IIII JI tl Water Body Roo Boat Launches a T 1 ❑�� ads ci Roll ng 0 _ Provinal Highways ���y if Hills C my Roads s1reer, R ou -����00 rce Roads I Designated Routes �F �Railroad Provincial Parks -�/�— —-- Cl Reservoir — _ \ Range 15 Range to Range 13 \\\ Range 12 Range 11 (4 Eastern Irrigation District