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unofficial consolidation, the official version is held by the municipal clerk.
This is a consolidation of the City of Clarence-Rockland All Terrain Vehicles By-
law No. 2005-152. This version contains the following amending By-laws:
-
2007-21
-
2007-127
-
2018-159
This consolidation of the By-law is current to December 17, 2018.
The Corporation of the City of Clarence-Rockland
By-law 2005-152
Being a By-Law to regulate the operation of all terrain vehicles within
the City of Clarence-Rockland.
WHEREAS under the provision of the Municipal Act 2001, Section 8, the powers
of natural person exercise of authority and Section 11 (1) spheres of
jurisdiction.
AND WHEREAS the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section
191.8, as amended provides that council of a municipality may pass by-laws;
a.
permitting the operation of off road vehicles on all highways under
the jurisdiction of the City of Clarence-Rockland;
b.
prescribing a lower rate of speed for off road vehicles with three or
more wheels and low pressure bearing tires than that prescribed for
off road vehicles by regulation on any highway;
c.
permitting the operation of off road vehicles with three or more
wheels and low pressure bearing tires on any highway or any part or
parts thereof during specified months or hours.;
NOW therefore, the Council of the City of Clarence-Rockland enacts as follows:
1. Definitions
"All Terrain Vehicle" means an off road vehicle that,
i.
has four wheels, the tires all of which are in contact with the
ground,
ii.
has a steering handlebar,
iii.
has a seat that is designed to be straddled by the driver, and
iv.
is designated to carry a driver only and no passengers.
"Corporation" means the Corporation of the City of Clarence-Rockland.
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, designed and intended for,
or used by, the general public for the passage of vehicles and includes the area
between the lateral property lines thereof.
"Ministry" means the Ministry of Transportation and Communications.
"Off Road Vehicle" has the same meaning as in the Off Road Vehicles Act.
"Organized Trail" means the whole of any trail established and maintained by a
municipally recognized ATV recreational organization for the use of off road
vehicles.
"Park" means lands within the City of Clarence-Rockland which is designated for
parks, conservation parkland and nature trails for recreation purposes.
"Municipal Law Enforcement Officer" means a peace officer
responsible for enforcing municipal by-laws.
"Registration Number" means a number or combination of letters and numbers
"Serviced Roadway" means the part of a highway that is improved, designed or
ordinarily used for vehicular traffic, and includes the plowed portion of the
shoulder and, where a highway includes two or more separate serviced
roadways, the term serviced roadway refers to any one serviced roadway
separately and not to all of the serviced roadways collectively.
General Provisions
2. No person shall drive an All Terrain Vehicle on any highway under the
jurisdiction of the Corporation, except within an organized trail as
designated by council under schedule "A" of this By-law.
3. Subject to sections 3.1, any person driving an All Terrain Vehicle on an
organized ATV trail as designated in Schedule "A" to this by-law, shall be
subject to a recognized ATV club membership and may use the shoulder
of the designated highway to travel.
4. No person shall drive an All Terrain Vehicle any highway and organized
trails between the periods of the 15th day of March to the 15th day of
May of every year.
5. Subject to sections 3.3, the Corporation may shorten or prolong the
period of time where any designated highways under schedule "A" and
organized trail may be closed to ATV traffic during the spring thaw period
or at any time when the Corporation deem necessary to do so.
6. No person shall operate an All Terrain Vehicle on any highway or
organized trail between the hours of 11 p.m. to 7 a.m.
7. No All Terrain Vehicle organized trails located on a private land shall be
located within 200 feet from a dwelling.
8. No person shall drive an All Terrain Vehicle on land owned by the
Corporation unless the driver has received a written permission from the
Parks Director of the Corporation.
Speed Limit
9. An All Terrain Vehicle shall not be driven at a rate of speed greater than:
a.
20 kilometers per hour, if the speed limit established under the
Highway Traffic Act or by municipal By-law for that part of the
highway is not greater than 50 kilometers per hour, or
b.
50 kilometers per hour, if the speed limit established under the
Highway Traffic Act or by municipal By-law for that part of the
highway is greater than 50 kilometers per hour.
c.
20 kilometers per hour, if part of a highway or organized trail is
located in a "Quiet Zone" as designated under schedule "B" of this
By-law.
Identification
10. Every All Terrain Vehicle shall have a registration number, in a clearly
visible position, showing the registration number of the All Terrain Vehicle
in the form and manner prescribed in the regulations of the ministry.
11. Further to section 5.1, every All Terrain Vehicle, shall bear a recognized
ATV club membership registration number, in the form and manner
prescribed by the recognized ATV club policies and guidelines.
Exemptions
12. In cases of emergency, parades and other special events, the Corporation
may authorize or permit the use of All Terrain Vehicles on specific
highways during specific times.
13. The regulations prescribed in this by-law does not apply to an All Terrain
Vehicle operated by a police officer, constable, conservation officer or
peace officer while on duty or any other employee as defined at section
25, Part IV, of the Ontario Regulation 316/03 made under the Highway
Traffic Act.
By-law Repeal
14. That By-law No. 2004-33 is hereby repealed.
15. That this by-law shall come into force and take effect on the day of its
final passing.
Read, passed and adopted in open council this 14th day of November 2005.
Richard Lalonde, Mayor
Daniel Gatien, Clerk
The Corporation of the City of Clarence-Rockland
By-law number 2005-152
Schedule "A"
"designated highways as organised atv trails"
Column 1
Highway
Column 2
Between
1
Division Rd (Closed
Road)
Starting at the closed road portion of Division
Rd.(South) to the intersection of Maisonneuve Road
2
Maisonneuve Road
Division Rd (closed road) and Du Lac Rd
3
Du Lac Roadd
Maisonneuve Road to Lalonde Road
4
Lalonde Road
Du Lac Road and Intersection of Pilon Road (Closed
road)
5
Pilon Rd (Closed Road) Lalonde Road to Pilon Road
5
Boileau Road (Closed
Road)
Lalonde Road to Russell Road
7
Boileau Road
Russell Road to Larose Forest
8
Clarence-Cambridge
Rd
Concession 6 and Concession 11 (As amended by By-law
2007-21)
9
Concession 4 (Closed
Road)
County Rd. 8 and Concession 25 (As amended by By-law
2007-21)
10 Concession 7 (Closed
Road)
St-Felix Rd and Clarence-Cambridge Rd (As amended
by By-law 2007-21)
11 Concession 8 (Closed
Road)
St-Felix Rd and Clarence-Cambridge Rd (As amended
by By-law 2007-21)
12 Concession 9 (Closed
Road)
St-Felix Rd and Clarence-Cambridge Rd (As amended
by By-law 2007-21)
13 Concession 10 (Closed
Road)
St-Felix Rd and Clarence-Cambridge Rd (As amended
by By-law 2007-21)
14 Concession 11 (Closed
Road)
St-Felix Rd and Clarence-Cambridge Rd (As amended
by By-law 2007-21)
15 Lalonde Rd
Du Lac Rd. (Closed Road) and Boudreau Rd (As
amended by By-law 2007-127)
16 Ettyville Rd.
Boileau Rd and Robillard Rd (As amended by By-law
2007-127)
17 Drouin Rd.
Russel Rd and Larose Forest (As amended by By-law
2018-159)
The Corporation of the City of Clarence-Rockland
By-law number 2005-152
Schedule "B"
"designated quiet zone"
Column 1
Highway
Column 2
Between
1. Division Rd
(Closed Road)
50 meters before and after 3355 St-Pascal Road
2. Maisonneuve
Road
Maisonneuve Road to 3169 Maisonneuve Road
3. Du Lac Road
2646 Du Lac Road to 2787 Du Lac Road
4. Boileau Road
Boileau Road to 4037 Boileau Road and 4300 Boileau
Road to 4515 Boileau Road