By-law 4945-16 — Off-Road Vehicles on County Roads As Amended by By-law 4996-17 — full text

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Corporation of the County of GreyBy-Law 4945-16 A By-law to Permit Off-Road Vehicles on Certain Roadways under the Jurisdiction of the County of Grey as regulated in accordance with Ontario regulation 316/03 WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provide that the powers of a municipality shall be interpreted broadly so as to enable the Municipality to govern its affairs as it considers appropriate and to respond to issues; AND WHEREAS Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (as amended) authorizes Council to pass a by-law permitting the operation of Off-Road Vehicles on any roadway under the jurisdiction of the Municipality or on any part or parts of such a roadway; AND WHEREAS the Council of the County of Grey adopted the recommendations of the Transportation and Public Safety Committee at its June 23 and August 18, 2016 meetings the approving of operation of Off-Road Vehicles on certain roadways under the jurisdiction of the County of Grey with exceptions as specified in Schedule 'A'; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OFTHE CORPORATION OF THE COUNTY OF GREY HEREBY ENACTS AS FOLLOWS: Definitions "All-Terrain Vehicle" or "ATV" means an off-road vehicle that, Has four wheels, the tires of which are all in contact with the ground Has steering handlebars Has a seat that is designated to be straddled by the driver, and Is designed to carry: A driver only and no passengers, or A driver and only one passenger, if the vehicle, Has one passenger seat that is designed to be straddled by the passenger while sitting facing forward behind the driver, and Is equipped with the foot rests for the passenger that are separate from the foot rests for the driver. "Multi-Purpose Off-Highway Utility Vehicle" means an off-road vehicle that, 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, and Has a minimum cargo capacity of 159 kilograms. "Off-Road Vehicle" has the same meeting as in the Off-Road Vehicles Act, R.S.O. 1990, c. o.4 (as amended) and for the purpose of this by-law and Sections 2.0 and 3.0 is limited to: All-Terrain Vehicles Multi-Purpose Off-Highway Utility Vehicles, and Recreational Off-Highway Vehicles. "Owner" has the same meaning as operator and is the person to whom the Off-Road Vehicle is registered to and/or the person who has care and control of the Off-Road Vehicle. "Recreational Off-Highway Vehicle" means an off-road vehicle that: 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, and Has an engine displacement equal to or less than 1,000 cubic centimetres. "Roadway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, or 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. Private roads and unopened road allowances are excluded. Permitted Uses and Restrictions No person shall operate an Off-Road Vehicle except as permitted upon a roadway under the jurisdiction of the County of Grey and in accordance with Ontario Regulation 316/03 of the Highway Traffic Act (as amended), the Off-Road Vehicles Act (as amended), and in accordance with the provisions of this by-law and any Schedule hereto. No person shall operate Off-Road Vehicles on a Roadway between ½ hour before sunset and ½ hour after sunrise as determined by the National Research Council of Canada. No Person shall operate Off-Road Vehicles between November 17 and April 15. Off-Road Vehicles being used for snow removal must be equipped with a plow and visible intermittent flashing amber light. Regulations No person shall operate a permitted Off-Road Vehicle on a roadway unless it meets the requirements of Section 7 to 15 of Ontario Regulation 316/03 of the Highway Traffic Act (as amended) and is operated in accordance with Sections 16 to 24 of Ontario Regulation 316/03. Exemptions shall apply as outlined in Part IV of Ontario Regulation 316/03. Penalties Any person who contravenes any section of this by-law is guilty of an offence and upon conviction is liable to a fine as provided by the Provincial Offences Act, R.S.O. 1990, c. P.33 (as amended). No person shall interfere or obstruct an officer carrying out duties in the enforcement of this by-law. Effective Date and Review In the event of any conflict between any provisions of this by-law and any other by-law hereto passed, the provisions of this by-law shall prevail. This by-law shall be reviewed no later than September 30, 2017. The Warden and Clerk are hereby authorized and directed to execute and the County to affix the Corporate seal thereto. Schedules "A" and "B" form part of this by-law. That By-law 4673-10 is hereby rescinded. ENACTED AND PASSED this 6th day of September, 2016. _________________________________________________________ WARDEN: Alan BarfootCLERK: Sharon Vokes Schedule 'A' By-law 4945-16 Licensed and Insured All Terrain Vehicles will be permitted on all Grey County roads from a ½ hour before sunrise to a ½ hour after sunset between April 15th and November 17th with the following exceptions: GREY ROAD NO. From To 1 (2nd Avenue West, Owen Sound) 10th Street West (Owen Sound) 14th Street West (Owen Sound) 2 Grey Dufferin Townline Highway 26 4 (10th Street, Hanover) Grey/Bruce County border East Hanover Town Limits 4 (Durham Road West, Bruce Street North, Lambton Street West, Lambton Street East, Durham Street) East Hanover Town Limits Wilcox Lake Rd. 4 30th Sideroad Grey Road 124 5 (2nd Avenue East, Owen Sound) 1st Street SW (Owen Sound) 1st Street E (Owen Sound) 7 Sideroad 10B Euphrasia/St. Vincent Townline 9 Dufferin Road 9 Grey Road 124 10 Minto Normanby Townline Tower Street 10 (Jacob St., Mill St.) Tower Street Queen Street 10 (David Winkler Parkway) Queen Street North Limit of Neustadt 10 North Limit of Neustadt Knappville Road 10 (10th Avenue, 2nd Street, 7th Avenue) Knappville Road Grey Road 28/Bruce Road 22 Bruce Road 10 (Grey Road 10) Grey Road 28/Bruce Road 22 South Limit of Elmwood Bruce Road 10 (Main Street South, Main Street North, Grey Road 10) South Limit of Elmwood North Limit of Elmwood Bruce Road 10 (Grey Road 10) North Limit of Elmwood Grey Road 25 Grey Bruce Line (Grey Road 10) Grey Road 25 Highway 21 Bruce Road 10 (Grey Road 10) Highway 21 Highway 6 12 11th Line Euphrasia/St. Vincent Townline 13 Grey Road 4 8th Concession 13 (Matilda Street, Marsh Street, Bruce Street South) 12th Concession B Highway 26 14 Artemesia/Southgate Townline Grey Road 4 18 Inglis Falls Road Highway 6 and Highway 21 Intersection (Springmount) 19 Grey Road 2 Highway 26 21 Grey Road 19 Highway 26 28 Concession 2 SDR Grey Road 10 (7th Ave) Bruce Road 10 (Hanover) 30 Grey Road 12 Grey Road 13 31 Grey Road 2 8th Concession B 32 Highway 10 Grey Road 30 40 Grey Road 29 Highway 26 113 (Alfred St. West) Grey Road 13 (Bruce Street South) Highway 26 119 Grey Road 13 Roundabout (Grey Road 19 and Gord Canning Drive intersection) 124 Grey Dufferin Townline Grey Road 4