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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2022-56
____________________________________________________________________________
Being a By-law to Regulate the Operation of Off-Road Vehicles on Municipal
Highways within the Township of Asphodel-Norwood
WHEREAS pursuant to the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8,
subsection 1, no person shall drive an off-road vehicle on a highway except in accordance
with the Highway Traffic Act regulations and any applicable municipal by laws;
AND WHEREAS the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8,
subsection (3) provides that a Council of a municipality may pass by-laws:
a) permitting the operation of off-road vehicles or classes of off-road vehicles on any
highway within the municipality that is under the jurisdiction of the municipality, or on
any parts of such highway;
b) prohibiting the operation of off-road vehicles on any highway within the municipality
that is under jurisdiction of the municipality, or on any parts of such highway;
c) prescribing a lower rate of speed for off-road vehicles than that prescribed for off-road
vehicles by regulation on any highway within the municipality that is under its
jurisdiction or on any part or parts of such highway, including prescribing different
rates of speed for different highways or parts of highways;
AND WHEREAS the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8,
subsection (4) provides that by-laws may regulate times of operation on any highway or parts
of highway only during specified times;
AND WHEREAS the Council of the Corporation of the Township of Asphodel-Norwood
deems it desirable to enact such a By-law for off-road vehicles as defined in Section 1 of
the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Ontario Regulation 316/03, as
amended;
AND WHEREAS the purpose of the by-law is to provide access to link an off-road vehicle
riders home or accommodation to existing and approved ATV trails, from trail to trail, and
from ATV trail to economic services including food, fuel, supplies and service;
AND WHEREAS the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Ontario Regulation
316/03: Operation of Off-Road Vehicles on Highways Act, regulates the equipment and
operational requirements of off-road vehicles;
AND WHEREAS the Corporation of the Township of Asphodel-Norwood deems it necessary
to develop off-road vehicle safety regulations that allow off-road vehicles to have increased
access to municipally owned highways within the municipality under safe circumstances;
NOW THEREFORE BE IT RESOLVED that the Council of the Township of Asphodel-
Norwood hereby enacts as follows:
1. Definitions:
In this by-law,
"Act" means the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Ontario Regulation
316/03:
Operation of Off-Road Vehicles on Highway Act.
"All-Terrain Vehicle (ATV)" as defined by Ontario Regulation 316/03, means an off-road
vehicle that:
a) has four wheels, the tires of which are all in contact with the ground;
b) has steering handlebars;
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2022-56
____________________________________________________________________________
c) has a seat that is designed to be straddled by the driver, and;
d) is designed to carry:
i. driver only and no passengers, or
ii. a driver and only one passenger, if the vehicle,
iii. has one passenger seat that is designed to be straddled by the passenger while
sitting facing forward behind the driver, and
iv. is equipped with foot rests for the passenger that are separate from the foot rests
for the driver.
"Extreme Terrain Vehicle (XTV)" as defined by Ontario Regulation 316/03, means an off
road vehicle that:
a) has six or eight wheels, the tires of which are all in contact with the ground;
b) has no tracks that are in contact with the ground;
c) has seats that are not designed to be straddled, and;
d) has a minimum cargo capacity of 159 kilograms.
"Highway" as defined by the Highway Traffic Act, R.S.O. 1990, Chapter H.8, means a
common and public highway, street, avenue, parkway, driveway, square, place, bridge,
viaduct or trestle, any part of which is intended for or used by the general public for the
passage of vehicles and includes the area between the lateral property lines thereof. This
also includes any open road allowances under the jurisdiction of the Corporation of the
Township of Asphodel-Norwood.
"Multi-Purpose Off-highway Utility Vehicle (UTV)" as defined by Ontario Regulation 316/03,
means an off-road vehicle that:
a) has four or more wheels, the tires of which are all in contact with the ground;
b) has a steering wheel for steering control;
c) has seats that are not designed to be straddled, and;
d) has a minimum cargo capacity of 159 kilograms.
"Municipality" means the Township of Asphodel-Norwood.
"Off-road Motorcycle (ORM)" as defined by Ontario Regulation 316/03, means an off-
road vehicle, designed primarily for recreational use, that,
a) has steering handlebars;
b) has two wheels, the tires of which are all in contact with the ground;
c) has a minimum wheel rim diameter of 250 millimetres;
d) has a minimum wheelbase of 1,016 millimetres;
e) has a seat that is designed to be straddled by the driver;
f) is designed to carry a driver only and no passengers; and
g) does not have a sidecar.
"Off-road Vehicle (ORV)" as defined by the Off-Road Vehicles Act, R.S.O. 1990, c. 0.4,
means a vehicle propelled or driven otherwise than by muscular power or wind and designed
to travel,
a) on not more than three wheels, or
b) on more than three wheels and being of a prescribed class of vehicle.
"Peace officer" for the purposes of this by-law includes:
a) a police constable appointed under the Ontario Police Act;
b) a conservation officer under the Fish and Wildlife Conservation Act;
c) a park warden appointed under the Provincial Parks Act; and
d) a by-law enforcement officer appointed by the Township.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2022-56
____________________________________________________________________________
"Recreational Off-Highway Vehicle (ROV)" as defined by Ontario Regulation 316/03,
means an off-road vehicle that:
a) has four or more wheels, the tires of which are all in contact with the ground;
b) has a steering wheel for steering control;
c) has seats that are not designed to be straddled, and;
d) has an engine displacement equal to or less than 1,000 cubic centimetres.
"Seat belt assembly" as defined by Ontario Regulation 316/03, means a device or
assemble composed of a strap or straps, webbing or similar material that restrains the
movement of a person in order to prevent or mitigate injury to the person.
"Township" means the Township of Asphodel-Norwood.
2.
Regulation of Off-Road Vehicles on Highways
2.1
Only those "Off-road Vehicles" falling within the definition of "all-terrain vehicle
(ATV)", "extreme terrain vehicle (XTV)", "multi-purpose off-highway utility vehicle
(UTV)", "off road motorcycle (ORM)" and "recreational off-highway vehicle (ROV)"
in this by-law, may be driven on highways under the jurisdiction of the Township of
Asphodel-Norwood provided that:
a) the off-road vehicle meets the equipment requirements set out in the Highway Traffic
Act, R.S.O. 1990, c. H.8, Ontario Regulation 316/03: Operation of Off-Road Vehicles
on Highways Act; and
b) the off-road vehicle is driven in accordance with the operational requirements set out in
the Highway Traffic Act, R.S.O. 1990, c. H.8, Ontario Regulation 316/03: Operation
of Off-Road Vehicles on Highways Act.
2.2
An Off-road Vehicle shall not be permitted to travel on municipal roads between 9:00
p.m. and 7:00 a.m.
2.3
That the Off-road Vehicle shall not be driven at a rate of speed greater than;
a) 20 km/hr. if the speed established under the Highway Traffic Act or by municipal by-
law for that part of the highway is not greater than 60 km/hr.; or
b) 50 km/hr. if the speed limit established under the Highway Traffic Act or by municipal
by-law for that part of the highway is greater than 60 km/hr.
2.4
An Off-road Vehicle shall not be permitted to travel on a municipal highway if the
exhaust system has been altered over the manufacturer's recommended decibel
level.
2.5
No person shall operate an off-road vehicle:
a) over and upon any municipally owned property that is not deemed an opened road
allowance (Schedule A);
b) in any municipal park, trail system or green space;
c) on any sidewalk, footpath or other area meant solely for pedestrian traffic;
d) on any private property, roads (schedule B) or driveways without the consent of the
owner thereof;
e) on any unopened road allowances (Schedule A).
2.6
Helmets are required on all municipal highways along with a valid driver's licence
and insurance.
2.7
Travel must be in the same direction as traffic and off-road vehicles must travel on
the shoulder of the road, but may travel on the road only if the shoulder is unsafe.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2022-56
____________________________________________________________________________
2.8
All persons operating off-road vehicles under the permission granted in this by-law
shall have adequate insurance at all times. In the event that such insurance is
inadequate in terms of deductibles, terminated or limited coverage or otherwise, any
and all losses and costs which, the Township of Asphodel-Norwood may incur as a
result of such inadequate insurance coverage, are a debt due to the Township of
Asphodel-Norwood, which the person shall pay on demand forthwith.
3.
Warranty and Indemnity
3.1
In recognition that the permission granted in this by-law is a privilege, every person
intending to exercise the permission shall be deemed to have agreed to all of the
terms and conditions in this by-law.
3.2
Each person exercising the permission granted in this by-law acknowledges and
accepts that the Township of Asphodel-Norwood does not, in any way, warrant,
represent or undertake that the public highways to which permission applies are
suitable for or maintained to permit use by off-road vehicles. Each such person shall
not, at any time, under any circumstances, claim or attempt to claim, in any
proceedings whatsoever that the public highway was not suitable for off-road vehicle
use or not maintained properly.
3.3
Where the Township of Asphodel-Norwood incurs any loss, costs or damages as a
result of any person exercising the permission in this by-law, each such person shall,
upon request, reimburse the Township of Asphodel-Norwood for all such loss, costs
and damages.
4.
Exemptions
4.1
This by-law does not apply to police, fire, ambulance, search and rescue or other
emergency vehicles.
4.2
The exemptions governing crossing a highway, farmers and trappers and public
work functions as set out in Section 25, 26, 27 and 28, of the Highway Traffic Act,
R.S.O. 1990, c. H.8., Ontario Regulation 316/03: Operation of Off-Road Vehicles on
Highways Act shall apply to this by-law.
5.
Parking
5.1
Off-road vehicles shall be subject to all regulations and by-laws governing the
parking of vehicles within the Township.
6.
Enforcement
6.1
A peace officer may stop any person driving an off-road vehicle.
6.2
Every person who has been signaled to stop by a person authorized to do so under
subsections 6.1 shall stop forthwith.
6.3
Every person stopped under this Section or subsection 6.1, shall when so requested;
identify himself or herself by giving his or her name to the person who stopped him
or her.
7.
Severability
7.1
In the event any provision of this By-law is deemed invalid or void, in whole or in part,
by any court of competent jurisdiction, the remaining terms and provisions shall
remain in full force and effect unless the court makes an order to the contrary.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2022-56
____________________________________________________________________________
8.
Penalties
8.1
That any person who contravenes any of the provisions of this by-law is guilty of an
offence and on conviction, where a fine for the contravention is not otherwise
provided under the Highway Traffic Act, is liable to a fine under the Provincial
Offences Act.
9.
Date of Enactment
9.1
That this by-law shall come into force and take effect immediately upon the passing
thereof by the Council of the Corporation of the Township of Asphodel-Norwood.
9.2
That this by-law shall be in full force and effect for a period of one year from the date of
adoption.
Read a first, second, and third time and finally passed this 13th day of December, 2022.
___________________________
Mayor, Patrick Wilford
__________________________
Clerk, Candice
<Original signed by>
<Original signed by>
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2022-56
____________________________________________________________________________
Schedule "A"
Prohibited Unopened Road Allowances
No person Shall operate an off-road vehicle on the following unopened road allowances:
1. Asphodel 10th Line - between Dummer/Asphodel Road and Highway 7
2. Howson Road - between Hwy 7 and south end
3. Asphodel 11th Line - from 750m south of Centre Line to Trent River
4. Asphodel 10th Line - from Old Orchard Road to Trent River
5. Moore Road - Asphodel 7th Line to Asphodel Norwood Boundary
6. Asphodel 5th Line - from River Road to County Road 2
7. Asphodel 4th Line - from River Road to Humphries Line
8. Marine Drive - from Indian Road to dead end
9. Asphodel 5th Line - from 800m south of Highway 7 to Centre Line Road
10. Asphodel 6th Line - from Highway 7 to Sand Road
11. Asphodel 6th Line - from 700m south of Sand Road to 3.0km north of Centre Line Road
12. Asphodel 8th Line - from Dummer/Asphodel Road to 500m north of Highway 7
13. Barber Lane - from Mill Street to dead end
14. South Kerley Lane
15. North Kerley Lane
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2022-56
____________________________________________________________________________
Schedule "B"
Prohibited Private Roads
No person Shall operate an off-road vehicle on the following private road allowances:
1. Rusica Lane
2. Varga Lane
3. Shady Point Lane
4. Trent Lane
5. South Oak Lane