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## THE TOWN OF SNOW LAKE
## BY-LAW NUMBER 899/11
BEING A BY-LAW TO PROVIDE FOR OFF ROAD VEHICLES ROUTES WITHIN THE TOWN OF SNOW LAKE AND PROHIBITING THE OPERATION OF OFFROAD VEHICLES IN CERTAIN AREAS
WHEREAS under section 45(1) of the Off-Road Vehicle Act provision is made for the traffic authority to make by-laws
Subject to subsections (2), (3), and (4), the traffic authority of a highway may make bylaws and the minister may make rules supplementary to, or in addition to, but not contrary to any provision of this Act or the regulations made under this Act
- (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 on any portion thereof;
- (a. 1) permitting the operation of designated off-road vehicles upon a roadway or the shoulder of a roadway; and
- (b) Prohibiting the operation of designated off-road vehicles upon a designated right-of-way or a specified portion thereof.
WHEREAS under section 46(1) of the off-road Vehicle Act, provision is made for the council of a municipality to make by-laws;
- (a) prescribing the periods of the day, or of the year, during which designated off-road vehicles shall not be operated;
- (a. 1) prescribing the maximum speed above which off-road vehicles shall not be operated;
- (b) prescribing areas in which the operation of designated off-road vehicles shall be permitted or prohibited; and
- (c) fixing penalties for violation of by-laws passed under this section
WHEREAS the Town of Snow Lake is desirous of providing off road vehicles routes in the Town; and
WHEREAS the Town of Snow Lake deems it necessary to prohibit the operations of off-road vehicles in certain areas of the town;
NOW THEREFORE THE COUNCIL OF THE TOWN OF SNOW LAKE, duly assembles, enacts as follows:
## 1. DEFINITIONS:
- a) "Operate" means to drive or be in actual physical control of an off-road vehicle.
- b) "Operator" means a person operating or driving an off-road vehicle or a person in actual physical control of an off-road vehicle.
3. c). "Roadway" means that portion of a highway that is improved, designed or ordinarily used for vehicular traffic, and includes that portion thereof lat, but for the presence of a safety zone, would be ordinarily used, b bes not include the shoulder; and where a highway includes two more separate roadways, the term "roadway" refers to any one roadway
d).
"Off Road Vehicies" for the purpose of this By-Law shall mean
- ) an all terrain utility vehicke
- 0) an allerain vehicle
- "All-terrain vehicle" means an off-road vehicle that
- ) has a seat designed to be straddled by the operator of the vehicle
- a) operates or travels on three or more low-pressure tires
- c) has handlebars for steering the vehicle
- "All-terrain utility vehicle" means an off-road vehicle that
- b) seats two or more people
- a) operates or travels on four or more low-pressure tires;
- c) has a steering wheel
- d) the driver does not straddle the seat
- 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 and 2 of the said Act.
- h) "ORVA" means the Off-Road Vehicles Act
2. All off-road vehicles must meet or exceed the minimum safety equipment requirements as established in PART II of the ORVA.
3. All off-Road vehicles shall be registered in accordance with Part 1, Section 3, of the ORVA.
4. No person shall operate an off-road vehicle which is a motorcycle, a four-wheel drive motor vehicle or a snow vehicle registerable under The Drivers and Vehicles Act, unless he or she is 16 years of age or older and holds a licence other than one that has a restriction on operating off-road vehicles.
5. No person shall ride on or operate an off-road vehicle unless the person is wearing on his or her head a properly adjusted and securely fastened helmet in compliance with the requirements contained in the regulations under the ORVA.
6. All off road vehicles must meet or exceed the minimum safety equipment requirements as established in PART Il of the ORVA.
7. Off road vehicles shall be allowed on the routes indicated on the attached schedule "A" and "B".
8. An off road vehicle shall not be driven at a speed greater than the speed established for the road being driven on.
9. No person shall operate an off road vehicle within the town site between midnight and 7:00 A.M.
10. 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-Roads Vehicle Act
11. That By-Law 700/92 is hereby repealed in its entirety
DONE AND PASSED this 17th day of January, A.D. 2012.
THE TOWN OF SNOW LAKE
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Clanse toher
Mayor
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READ A FIRST TIME this 5th day of April, A.D. 2011 READ A SECOND TIME this 17" day of January, A.D. 2012 READ A THIRD TIME this 17* day of January, A.D. 2012
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