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THE CITY OF FLIN FLON
Being a By-Law of The City of Flin Flon
to provide for all terrain vehicle (ATV)
access routes within the City of Flin
Flon and prohibit the operation of
off-road vehicles in certain areas.
Passed:
June 2, 2009
WHEREAS under Section 45 (1) of The Off-Road Vehicle Act provision is made for the traffic
authority to make by-laws
(a)
permitting or prohibiting the operation of designated off-road vehicles across a roadway
and shoulder at any place or at a designated place along the highway or any portion
thereof,
(b)
prohibiting the operation of designated off-road vehicles upon designated right-of-way or
a specified portion thereof; and
WHEREAS under Section 46 (1) of The Off-Road Vehicle Act provision is made for the city to
prescribe areas in which the operation of designated off-road vehicles shall be permitted or
prohibited, and fixing penalties for violation of by-laws passed under this section, and
WHEREAS The City of Flin Flon is desirous of providing all terrain vehicle (ATV) access into
and out of the city thereby providing safer and more controlled access to out of town trails for
both residents and visitors, and
WHEREAS The City of Flin Flon deems it necessary to prohibit the operations of off-road
vehicles in certain areas of the city, now
THEREFORE BE IT RESOLVED that the Council of The City of Flin Flon, duly assembled
enacts as follows:
1.
DEFINITIONS
(1)
"Operate" means to drive or be in actual physical control of an off-road vehicle.
(2)
"Operator" means a person operating or driving an off-road vehicle or a person in
actual physical control of an off-road vehicle.
(3)
"Roadway" means the portion of a highway that is improved, designed or
ordinarily used for vehicular traffic, and includes that portion thereof that, but for
the presence of a safety zone, would be ordinarily used, but does not include the
shoulder, and where a highway includes two or more separate roadways, the term
"roadway" refers to any one roadway separately and not all the roadways
collectively.
(4)
"All Terrain Vehicle" or "ATV" means an off-road vehicle that
a) operates or travels on three or more low-pressure tires,
b) has a seat designed to be straddled by the operator of the vehicle, and
c) has handlebars for steering the vehicle.
(5)
All other words and expressions used in this by-law shall have the same meanings
assigned to them under The Off-Road Vehicle Act, and all amendments thereto,
under Sections 1(2) and 2 of the said Act.
2.
That all City roadways except those shown coloured in red on the attached map marked
as Exhibit "A" to this by-law shall be deemed to be streets upon which ATV access is
permitted, provided such access shall only be used to provide access to and from the area
outside of the City boundaries and are not designed as areas for other uses of the ATVs.
3.
That, upon exercising proper care, ATVs may cross those roadways show in red on the
attached map, but may not travel along the said roadways.
4.
That the City provide the necessary signs to mark the prohibited routes for the
information of the operators and in compliance with the off-road vehicles act.
5.
That operators using these routes do so with care and caution and at a reasonable rate of
speed.
6.
This by-law applies to ATVs and not to all other off-road vehicles.
7.
That operators abide by all regulations under The Off-Road Vehicles Act and any other
act or by-law having to do with ATV use.
8.
No person shall operate an off-road vehicle, at any time, on property owned and occupied
by the Flin Flon School Division.
9.
No person shall operate an off-road vehicle, at any time, on any park properties.
10.
ATV use of City roadways shall only be permitted between the hours of 7:00 a.m. and
11:00 p.m.
11.
Any person who contravenes, disobeys, violates or fails to observe, obey or comply with
this by-law is guilty of an offence and is liable on summary conviction to a penalty as set
out in The Off-Road Vehicles Act.
12.
This By-Law shall be in full force and effect on and from the date upon which it is
passed.
PASSED AND ENACTED AS A BY-LAW OF THE CITY OF FLIN FLON, THIS 2ND DAY
OF JUNE, A.D. 2009.
Original Signed by George FONTAINE
Deputy Mayor
Original Signed by Mark KOLT
Municipal Administrator
Read a first
time this
19th
day of
May
, A.D. 2009 .
Read a second
time this
2nd
day of
June
, A.D. 2009 .
Read a third
time this
2nd
day of
June
, A.D. 2009 , DONE AND FINALLY PASSED.