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By-law Number 100-2025
Of The Corporation
of the Municipality of Chatham-Kent
A By-law to Regulate the Use of Golf Carts in the Municipality of Chatham-Kent.
Finally Passed the 11th day of August, 2025.
Whereas Sections 8, 9 and 11 of the Municipal Act, 2001 authorize the Municipality of
Chatham-Kent to pass by-laws necessary or desirable for municipal purposes, and in
particular paragraphs 5 and 8 of subsection 11(2) authorize by-laws respecting the
economic, social and environmental well-being of the municipality; and the protection of
Persons and property.
And whereas Subsection 8(3) of the Municipal Act, 2001 provides that a by-law under
section 11 of that Act respecting a matter may regulate or prohibit and, as part of the
power to regulate or prohibit respecting the matter, may require a Person to do things
respecting the matter, or may provide for a system of licences respecting the matter;
And whereas Section 425 of the Municipal Act, 2001 authorizes the Municipality of
Chatham-Kent to pass by-laws providing that a Person who contravenes a by-law of the
Municipality of Chatham-Kent passed under that Act is guilty of an offence;
And whereas Subsection 391(1) of the Municipal Act, 2001 further authorizes the
Municipality of Chatham-Kent, amongst other things, to impose fees or charges on
persons for services or activities provided or done by or on behalf of it;
And whereas Ontario Regulation 407/21 Pilot Project - Golf Carts to the Highway Traffic
Act authorizes the use of a golf cart on the highway in the Community of Erieau and
designated area, if a by-law of the municipality permits the golf cart to be driven on the
highway;
Be it Therefore Enacted by the Municipal Council of the Municipality of Chatham-Kent
as follows:
Terminology
1. In this by-law:
"By-law Enforcement Officer" means a Person appointed by the Municipality as a By-
law Enforcement Officer pursuant to the Provincial Offences Act;
"Business Day" means Monday to Friday, except for a Holiday;
"Clerk" means the clerk of the Municipality appointed pursuant to the Municipal Act,
2001;
"Council" means the municipal council of the Municipality of Chatham-Kent;
"Fee" means a fee paid to the Municipality as required by this by-law and/or prescribed
in the User Fee By-law;
"Golf Cart" means a motor vehicle that is intended for use primarily on golf courses or
on roadways where access and use of other motor vehicles is controlled;
"Holiday" means a statutory or civic holiday;
"Golf Cart Permit Area" means the area including and adjacent to the Community of
Erieau as shown in Schedule "A";
"Municipality" means the Municipality of Chatham-Kent, or the geographic area of the
Municipality of Chatham-Kent, depending on the context;
"Permit" means a Permit issued by the Municipality, on such terms and conditions as
established by the Municipality from time to time and includes a renewal Permit;
"Permit Issuer'' means the Person appointed as the Clerk and includes their authorized
designate or designates with respect to any authority delegated by the Permit Issuer to
such designate;
"Permit Validation Sticker" means proof of Permit as issued by the Municipality;
"Person" includes an individual, a corporation, a partnership, and an unincorporated
association, as the context requires;
"Police" means the Chatham-Kent Police Service;
"Premises" means a building or part of a building and any land appurtenant to the
building or part of the building and includes a vacant lot;
"Regulation" means Ontario Regulation 407/21: Pilot Project - Golf Carts under the
Highway Traffic Act;
"Road" means a highway as defined by the Highway Traffic Act, under the jurisdiction of
the Municipality with the intended use for motor vehicle traffic, on which the prescribed
rate of speed is 50 kilometres per hour or lower; and
"User Fee By-law" means the Municipality's By-law to Establish Certain User Fees
provided by the Municipality, as amended from time to time.
Application
2. The provisions of this by-law apply to the entire geographic area of the Municipality.
3. The requirements of this by-law are in addition to requirements contained in any other
applicable by-laws of the Municipality or applicable provincial or federal statutes or
regulations.
4. If there is a conflict between a provision of this by-law and any other by-law of the
Municipality or a provincial or federal statute or regulation, the most restrictive in relation
to the regulation of use of Golf Carts prevails.
5. The provisions of this by-law do not apply to the use of a Golf Cart on private land.
Interpretation
6. The following rules of interpretation shall be applied to the interpretation of this by-
law:
(a) References to items in the plural include the singular, as applicable. "Their"
may refer to both the singular and the plural and includes references to a Person
or thing that is feminine, masculine or non-binary.
(b) The words "include", "including" and "includes" are not to be read as limiting
the phrases or descriptions that precede them. Any examples provided are
intended to be representative examples and not intended to be an exhaustive list.
(c) Headings are inserted for ease of reference only and are not to be used as
interpretation aids.
(d) Specific references to laws or by-laws are meant to refer to the current laws
applicable at the time that this by-law was enacted and shall be interpreted to
include amendments, restatements and successor legislation.
(e) Any reference to periods of time, stated in numbers of days, shall be deemed
applicable on the first Business Day after a Sunday or a Holiday if the expiration
of the time period occurs on a Sunday or Holiday.
(f) The obligations imposed by this by-law are in addition to obligations otherwise
imposed by law or contract.
(g) Where this by-law provides metric and imperial units of measure, the metric
unit of measure shall prevail. For convenience only, approximate imperial
measurements may be provided but are of no force or effect. The abbreviation
"mm" stands for millimetres and "m" stands for metres.
(h) Terms with capitals shall be read with the meaning in section 1 and other
words shall be given their ordinary meaning.
(i) If any court of competent jurisdiction finds any provision of this by-law is illegal
or ultra vires of the jurisdiction of the Municipality, such provision shall be
deemed to be severable and shall not invalidate any of the other provisions of
this by-law.
(j) Nothing in this by-law relieves any Person from complying with any provision
of any federal or provincial legislation or any other by-law of the Municipality.
(k) Where a provision of this by-law conflicts with the provisions of another by-law
in force in the Municipality, or any of the provisions of any federal or provincial
states or regulation, the provision that establishes the higher standard to protect
the health, safety and welfare of the general public shall prevail.
Part 1: Use of Golf Carts
Permissions
7. The Municipality authorizes the operation of Golf Carts on Roads in the Golf Cart
Permit Area from the period of April 1 to November 30 each year.
8. The authorization in section 7 is subject to obtaining a Permit annually. A Permit
Validation Sticker shall be affixed to each Golf Cart that has been issued a Permit.
9. Every Person operating a Golf Cart shall conform with all provisions of this bylaw and
the requirements of the Regulation, as may be amended from time to time.
Prohibitions
10. No Person shall drive or permit operation of a Golf Cart on a Road in any area of the
Municipality outside of the Golf Cart Permit Area.
11. No Person shall drive or permit operation of a Golf Cart on a Road in the Golf Cart
Permit Area without a Permit.
12. No Person shall drive or permit operation of a Golf Cart on a Road in a manner that
is not permitted by this by-law or in full compliance with the Regulation.
Permits for the use of Golf Carts
13.An application for a Permit shall be made in writing to the Permit Issuer on the
prescribed form and shall include the payment of any Fees required pursuant to the
User Fee By-law.
14.An application for a Permit shall include at minimum:
(a) Proof of current driver's licence as required by the Regulation;
(b) A description of the Golf Cart and a photograph of each side of the Golf Cart;
(c) Certificate of insurance, in a form satisfactory to the Permit Issuer, identifying
the Golf Cart, with a minimum liability coverage of $2 million; and
(d) A signed waiver of liability, in a form satisfactory to the Permit Issuer, in
favour of the Municipality for any injury or damages that may occur from the
operation of a Golf Cart on a Road.
15.The Permit Issuer shall grant a Permit for a Golf Cart if they are satisfied that all
requirements of this by-law and the Regulation have been met.
16.The Permit Issuer may issue a Permit that is subject to additional terms and
conditions they deem reasonably necessary in the public interest.
17.A Permit is issued for a specific Golf Cart and is non-transferable. A Person
operating more than one Golf Cart shall be required to obtain a Permit for each Golf
Cart.
Refusal to Issue Permit
18.The Permit Issuer shall refuse to issue a Permit where the Permit Issuer is not
satisfied that:
(a) the application is complete and applicable Fees have been paid;
(b) the application complies with the provisions of this by-law; or
(c) after inspection by a By-law Enforcement Officer, the applicant has failed to
satisfy the standards of this by-law.
Expiry of Permit
19. A Permit shall expire upon the date set out on the Permit as the expiry date.
Revocation of Permit
20.(1) The Permit Issuer shall have the right to revoke the Permit in the event that:
(a) the Permit was issued in error or as a result of false information provided in
the application;
(b) the application Fee is not paid in full whether it be through error, as a result of
a cheque being returned marked not sufficient funds, a credit card charge being
refused, or for any other reason; or
(c) the Permittee:
i. fails to submit a satisfactory new certificate of insurance to the Permit
Issuer after the expiry of the certificate of insurance submitted with the
application;
ii. after inspection by a By-law Enforcement Officer, fails to satisfy the
requirements set out in the Permit; or
iii. is convicted of an offence under this by-law.
Replacement Permit
21.The Permit Issuer shall provide a replacement Permit upon being satisfied that a
replacement Permit should be issued and payment of the applicable Fee.
Change in Information
22.The Permittee shall immediately advise the Permit Issuer in writing of a change in
any information provided in the application for a Permit.
Appeal of Refusal to Issue Permit or Revocation of Permit
23. A Person in receipt of a notice of refusal given pursuant to section 18, or a
revocation of a Permit pursuant to section 20 may apply for an appeal to the By-law
Appeal Committee pursuant to By-law No. 132-2018 or any successor by-law.
Part 2: Inspection and Enforcement
Inspection Powers
24.A By-law Enforcement Officer or Police may:
(a) at any reasonable time, enter onto land for the purpose of carrying out an
inspection for the purpose of determining compliance with this by-law;
(b) during an inspection, require production for inspection of documents or things
relevant to the inspection and inspect and remove documents or things relevant
to the inspection for the purpose of making copies or extracts and photograph
such documents or things;
(c) during an inspection require information from any Person concerning a matter
related to the inspection;
(d) during an inspection be accompanied by a Person or Persons who has
relevant or expert knowledge in relation to this by-law or matters regulated by this
by-law;
(e) conduct or direct a Person possessing the relevant or expert knowledge to
conduct such examinations or take tests, samples or photographs as the By-law
Enforcement Officer or Police believes necessary for the purposes of inspection;
(f) conduct inspections prior to a determination as to whether to issue a Permit or
to confirm compliance with a Permit or conditions of a Permit; and
(g) require that a Permit holder or Person provide any such information as may
be required for the enforcement of this by-law.
25.In addition to any other provision of this by-law, and subject to the provisions of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended, a provincial judge or justice of the
peace may issue an order authorizing a By-law Enforcement Officer and any Person
under the Officer's direction to enter onto or into any Premises, including a room or
place actually being used as a dwelling for the purpose of carrying out an inspection to
determine compliance with this by-law or a Permit issued under this by-law.
26.No Person shall refuse or neglect to produce for inspection any document or thing
required by a By-law Enforcement Officer or Police pursuant to this by-law.
Obstruction and Omission
27.(1) No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person
who is exercising a power or performing a duty under this by-law.
(2) No Person shall omit information or provide a false or intentionally misleading
statement or representation in any application, agreement, investigation or inspection.
Offence and Penalty
28.(1) Any Person who contravenes any provision of this by-law, a Permit, or any
condition to a Permit, is guilty of an offence and upon conviction is subject to such
penalty as is provided for under the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended.
(2) An offence under this by-law may constitute a continuing offence or a multiple
offence as set out in the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
(3) Any director, employee or officer of a corporation who knowingly authorizes, permits
or acquiesces in the contravention of this by-law, a Permit, or any condition to a Permit,
is guilty of an offence and subject to prosecution pursuant to the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended.
(4) For the purposes of subsections (1) and (2), each day on which a Person, including
a director or officer of a corporation, contravenes any of the provisions of this by-law
shall be deemed to constitute a separate offence under this bylaw.
(5) The levying and payment of any fine as provided for under the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended, shall not relieve a Person from the necessity of
compliance with the obligations under this by-law.
Prohibition Order
29.(1) If this by-law is contravened and a conviction entered, in addition to any other
remedy and to any penalty imposed by the by-law, the court in which the conviction is
entered and any court of competent jurisdiction thereafter may make an order:
(a) prohibiting the continuation or repetition of the offence by the Person
convicted; and
(b) requiring the Person convicted to correct the contravention in the manner and
within the period that the court considers appropriate.
Collection of Fees
30.(1) All Fees and charges payable under this by-law are due on demand and are a
debt owing to the Municipality bearing interest at the rate established in the User Fee
By-law from the date of demand until payment in full. The debt may be enforced by any
means available to the Municipality, and without limiting the generality of the foregoing,
the debt in the nature of fees may, if applicable, be added to the tax roll of any property
for which all of the owners are responsible for payment of the debt, and thereafter
collectable as property taxes. All remedies open to the Municipality are cumulative.
(2) All Fees and charges incurred under this by-law are payable whether or not there is
a charge laid, and whether or not any charge laid leads to a conviction and whether or
not a fine has been paid as a result of a charge being laid.
(3) Fines owing to the Municipality that are in default pursuant to section 69 of the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, shall be added by the
Treasurer to the tax roll for any property in the Municipality for which the owner is
responsible for paying the fine and the fine may be collected in the same manner as
municipal taxes.
Part 3 - General
Administration and Delegation
31.(1) The administration of this by-law is assigned to the Permit Issuer who is
delegated the authority to:
(a) make all decisions required of the Permit Issuer under this by-law;
(b) perform all administrative functions assigned under this by-law and those
incidental to and necessary for the due administration and implementation of this
by-law; and
(c) establish and revise from time to time, such forms, documents, and such
standards, protocols and procedures as the Permit Issuer may determine are
required to implement and administer this by-law.
(2) The Permit Issuer may delegate the performance of any one or more of their
functions under this by-law to one or more Persons from time to time as the occasion
requires and may impose conditions upon such delegation and may revoke any such
delegation. The Permit Issuer may continue to exercise any function delegated during
the delegation.
(3) Unless specifically provided to the contrary in this by-law, the decisions of the Permit
Issuer are final and not subject to appeal.
32.(1) This by-law shall be enforced by any By-law Enforcement Officer or the Police
and, where provided in this by-law, the Permit Issuer.
(2) Unless specifically provided to the contrary in this by-law or otherwise at law, the
decisions of the Permit Issuer, the Police, and By-law Enforcement Officer are final and
not subject to appeal.
General Requirements - Permit Application Requirements
33.(1) Every Person applying for a Permit under this by-law shall provide to the Permit
Issuer:
(a) an application in the form established by the Permit Issuer from time to time;
(b) information including, but not limited to, name, address, email address, and
phone number;
(c) such information, including evidence in support of the application, as may be
deemed necessary by the Permit Issuer to process the application for a Permit;
and
(d) except as provided to the contrary in this by-law, payment of the applicable
Fee for applying for a Permit.
(2) A Person applying for a Permit under this by-law must be a minimum of 18 years of
age.
Service of Notices
34.(1) A notice under this by-law shall be deemed to have been served on a Person if:
(a) delivered to the Person personally;
(b) sent to the Person by regular mail to the address provided on the Permit
application;
(c) sent to the Person by registered mail to the address provided on the Permit
application; or
(d) posted in a visible location at the address provided on the Permit application.
(2) Service of a notice under this by-law shall be effective:
(a) In the case of personal service, on the date that personal service is effected;
(b) In the case of regular or registered mail, 4 days following the date of mailing;
(c) In the case of posting, 2 days after the date of posting.
Short Title
35.This by-law shall be referred to as the "Golf Cart By-law".
This By-law shall come into full force and effect upon the final passing thereof.
Read a First, Second and Third Time this 11th day of August, 2025.
Original signed by:
Mayor - Darrin Canniff
Original Signed by:
Clerk - Judy Smith