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THE CORPORATION OF THE TOWN OF GANANOQUE
BY-LAW NO. 2020-110
BEING A BY-LAW TO REGULATE THE OPERATION OF OFF-ROAD VEHICLES
ON ROADWAYS WITHIN THE TOWN OF GANANOQUE
WHEREAS Section 191 .8(3) of Highway Traffic Act authorizes a municipality to pass
by-laws permitting the operation of off-road vehicles on any highway within the
municipality that is under the jurisdiction of the municipality, or on any part or parts of
such highway;
AND WHEREAS Ontario Regulation 316/03, as amended, passed under the Highway
Traffic Act, regulates the operation and requirements of All-Terrain Vehicles, Extreme
Terrain Vehicles, Multi-Purpose Off-Highway Utility Vehicles or; Off-Road Motorcycles,
which are classes of off-road vehicles;
AND WHEREAS Ontario Regulation 340/94, as amended, passed under the Highway
Traffic Act, permits an additional licensing option for Full Class G licence holders or
higher wishing to operate a three-wheeled motorcycle;
AND WHEREAS Section 35 of the Municipal Act, 2001 , allows a municipality to
restrict the common law right of passage by the public on a highway within its
jurisdiction;
AND WHEREAS the Council of the Town of Gananoque, received Council Report
RDS-2020-11, and concurs with the recommendation to pass a By-law to regulate the
operation of Off-Road Vehicles on roadways within the Town of Gananoque;
AND WHEREAS the Council of the Corporation of the Town of Gananoque deems it
appropriate to pass such a By-law.
NOW THEREFORE be it resolved that the Council of the Corporation of the Town of
Gananoque enacts as follows:
1. DEFINITIONS
1.1.
All-Terrain Vehicle means an off-road vehicle that:
1.1.1 .
has four (4) wheels, the tires of all of which are in contact with the
ground;
1.1.2.
has steering handlebars;
1.1.3.
may include single-rider, two-up and side-by-side All-Terrain
Vehicles and utility vehicles, and;
1.1.4.
in all respects meets the requirement of the Highway Traffic Act and
the Off-Road Vehicles Act and any regulations passed thereunder,
as amended and as may be replaced from time-to-time, and the
expression "ATV" shall have the corresponding meaning.
1.2.
Approved Trail means all municipally owned roadways within the
boundaries of the Town of Gananoque as indicated on Schedule 'A.'
1.3.
Roadway includes a common or public roadway, highway, street, avenue,
parkway, square, place, drive, 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.
1.4.
Highway Traffic Act means the Highway Traffic Act, R.S.O. 1990, c.H.8,
as amended.
Town ofGananoque By-law No. 2020-110
Page 1 of 6
1.5.
1.6.
1.7.
1.8.
1.9.
Motorized Vehicle means an automobile, motorcycle, a motor-assisted
bicycle unless otherwise indicated in the Highway Traffic Act, and any other
vehicle propelled or driven otherwise than by muscular power, but does not
include a power-assisted bicycle, an All-Terrain Vehicle, a Motorized Snow
Vehicle, a farm tractor, a self-propelled implement of husbandry, or road
maintenance equipment.
By-law Enforcement Officer means a municipal law enforcement officer
duly authorized by the Council of the Town of Gananoque to enforce this
By-law.
Extreme Terrain Vehicle means an off-road vehicle that:
1. 7.1.
has six or eight wheels, the tires of which are all in contact with the
1.7.2.
1.7.3.
1.7.4.
1.7.5.
ground;
has no tracks that are in contact with the ground;
has seats that are not designed to be straddled;
has a minimum cargo capacity of 159 kilograms, and;
in all respects meets the requirement of the Highway Traffic Act and
the Off-Road Vehicles Act and any regulations passed thereunder,
as amended and as may be replaced from time-to-time, and the
expression "Extreme Terrain Vehicle" shall have the corresponding
meaning.
Multi-Purpose Off-Highway Utility Vehicle means an off-road vehicle
that:
1.8.1.
1.8.2.
1.8.3.
1.8.4.
1.8.5.
has four or more wheels, the tires of which are all in contact with
the ground,
has a steering wheel for steering control,
has seats that are not designed to be straddled;
has a minimum cargo capacity of 159 kilograms, and;
in all respects meets the requirement of the Highway Traffic Act and
the Off-Road Vehicles Act and any regulations passed thereunder,
as amended and as may be replaced from time-to-time, and the
expression "Multi-Purpose Off-Highway Utility Vehicle" shall have
the corresponding meaning.
Off-Road Motorcycle means an off-road vehicle, designed primarily for
recreational use, that:
1.9.1.
1.9.2.
1.9.3.
1.9.4.
1.9.5.
1.9.6.
1.9.7.
1.9.8.
has steering handlebars,
has two wheels, the tires of which are all in contact with the ground,
has a minimum wheel rim diameter of 250 millimetres,
has a minimum wheelbase of 1,016 millimetres,
has a seat that is designed to be straddled by the driver,
is designed to carry a driver only and no passengers;
does not have a sidecar, and;
in all respects meets the requirement of the Highway Traffic Act and
the Off-Road Vehicles Act and any regulations passed thereunder,
as amended and as may be replaced from time-to-time, and the
expression "Off-Road Motorcycle" shall have the corresponding
meaning.
1.10. Off-Road Vehicles Act means the Off-Road Vehicles Act, R.S.O. 1990, c.
0.4, as amended.
1.11. Police Officer means the Chief of Police or an officer of the Gananoque
Police Service or other police service having jurisdiction in the area, who
are duly appointed under the Police Services Act.
Town of Gananoque By-law No. 2020-110
Page 2 of 6
1.12. Provincial Offences Act means the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended.
2.
INTERPRETATION
2.1.
This By-law includes Schedules attached to it, and the Schedules are
hereby declared to form part of the By-law.
2.2.
The headings and subheadings used in this By-law are inserted for
convenience of reference only, form no part of this By-law, and shall not
affect in any way the meaning or interpretation of the provisions of this By-
law.
2.3.
Unless the context requires otherwise, references to items in the plural
include the singular unless used with a number modifying the term, and
words imparting the masculine gender shall include the feminine.
2.4.
It is declared that if any section, subsection, paragraph or part thereof is
declared by any Court to be bad, illegal, or ultra vires, such section,
subsection, paragraph part or parts shall be deemed to be severable and all
other parts of this By-law are declared to be separate and independent, and
enacted as such.
3. GENERAL
3.1.
No person shall operate an All-Terrain Vehicle, Extreme Terrain Vehicle,
Multi-Purpose Off-Highway Utility Vehicle or; Off-Road Motorcycle on a
Roadway at any time earlier than 08:00 am and no later than 30 minutes
after sunset.
3.2.
No personal shall operate an All-Terrain Vehicle, Extreme Terrain Vehicle,
Multi-Purpose Off-Highway Utility Vehicle or; Off-Road Motorcycle on a
Roadway when signs posted on site during spring thaw or at any other time
of year, as required by the Town, prohibit the operation of vehicles.
3.3.
No person shall operate an All-Terrain Vehicle, Extreme Terrain Vehicle,
Multi-Purpose Off-Highway Utility Vehicle or; Off-Road Motorcycle on a
Roadway if the exhaust system of the vehicle installed by the manufacturer
has been modified, or if the vehicle has a two-stroke engine.
3.4.
No person shall operate an All-Terrain Vehicle, Extreme Terrain Vehicle,
Multi-Purpose Off-Highway Utility Vehicle or; Off-Road Motorcycle on
sidewalks or other Town property unless it is specifically identified as
permitted in Schedule 'A'.
4.
SPEED LIMIT AND CONDUCT: ALL-TERRAIN VEHICLE, EXTREME TERRAIN
VEHICLE, MUL Tl-PURPOSE OFF-HIGHWAY UTILITY VEHICLE, AND; OFF-
ROAD MOTORCYCLE
4.1.
The speed limit shall be 20 kilometres per hour, if the speed limit under the
Highway Traffic Act for that part of the Roadway is not greater than 50
kilometres per hour, and;
4.2.
The speed limit shall be 50 kilometres per hour, if the speed limited under
the Highway Traffic Act for that part of the Roadway is 80 kilometres per
hour.
5.
NON-EXCLUSIVE USE
5.1.
It is declared that any permitted use under this By-law of a Roadway and/or
Town property is non-exclusive and any person operating an All-Terrain
Vehicle, Extreme Terrain Vehicle, Multi-Purpose Off-Highway Utility Vehicle
or; Off-Road Motorcycle shall have due regard for other users and shall use
caution when passing other users.
Town of Gananoque By-law No. 2020-110
Page 3 of 6
6.
COMPLIANCE WITH APPLICABLE LAWS
6.1.
Any person operating an All-Terrain Vehicle, Extreme Terrain Vehicle,
Multi-Purpose Off-Highway Utility Vehicle or; Off-Road Motorcycle under
this By-law shall comply with Highway Traffic Act, the Off-Road Vehicles
Act, and all other Federal or Provincial laws and municipal by-laws, as
applicable, or any regulations made under them as amended or replaced
from time-to-time.
6.2.
Permission to operate an All-Terrain Vehicle, Extreme Terrain Vehicle,
Multi-Purpose Off-Highway Utility Vehicle or; Off-Road Motorcycle on a
Roadway under this By-law does not constitute permission to travel upon or
to operate such vehicles on any other private or public property without the
consent of the property owner.
7. EXEMPTION
7.1.
In cases of emergency, parades and other special events, the Town may
authorize or permit the use of All-Terrain Vehicle, Extreme Terrain Vehicle,
Multi-Purpose Off-Highway Utility Vehicle or; Off-Road Motorcycle on
specific roads during specific times.
7.2.
The regulations prescribed in this By-law do not apply to an All-Terrain
Vehicle, Extreme Terrain Vehicle, Multi-Purpose Off-Highway Utility Vehicle
or; Off-Road Motorcycle operated by a police officer, by-law officer,
conservation officer while on duty or any other appointed employee of the
Town.
8.
ENFORCEMENT, OFFENCES, FINES & PENAL TIES
8.1.
This By-law may be enforced by a police officer or a municipal law
enforcement officer.
8.2.
Any person who contravenes any of the provisions of this By-law is guilty of
an offence.
8.3.
Every person who is convicted of an offence under this By-law is liable to a
fine as provided for in the Provincial Offences Act.
8.4.
When a person has been convicted of an offence under this By-law:
8.4.1.
the Ontario Court of Justice, or;
8.4.2. any court of competent jurisdiction thereafter may, in addition to any
other penalty imposed on the person convicted, make an order
prohibiting the continuation or repetition of the offence by the
person convicted.
9.
REVOCATION
9.1 .
The Town may repeal this By-law, or any amending By-law, if any provision
of this By-law, any other by-law within the Town of Gananoque or any
federal or provincial statute, is contravened.
9.2.
The Town may repeal this By-law, or any amending By-law, should
concerns and issues arise in regards to the health and safety of the
residents of Gananoque.
10. MUNICIPAL PROPERTY
10.1. Should a violation under Section 9, be enacted, the municipal lands and
roadways upon which the trail is occupied shall be reinstated to a
satisfactory condition.
Town of Gananoque By-law No. 2020-110
Page 4 of 6
11. SHORT TITLE
11.1 . This By-law may be referred to as the "Off-Road Vehicle By-law".
12. SCHEDULE(S)
12.1. Attached hereto and forming part of this By-law is the Designated
Highways, marked as Schedule 'A'.
13. REPEAL
13.1. That By-law Nos., 2016-061 , 2018-048 and; 2019-092, are hereby
appealed in their entirety.
13.2. That any By-law inconsistent with this By-law is hereby repealed.
14. EFFECTIVE DATE
14.1 . This By-law shall come into full force and effect on the date it is passed by
the Council of the Town of Gananoque.
Read a first, second and third time and finally passed this 6th day of October 2020.
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Town of Gananoque By-law No. 2020-110
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SCHEDULE 'A'
DESIGNATED HIGHWAYS
OFF ROAD VEHICLES
T is By-law applies to all municipally owned roadways within the boundaries of the Town
o Gananoque. It excludes sidewalks or other Town property.
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Town of Gananoque By-law No. 2020-110
Page 6 of 6
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