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100
B i l l No.
The Corporation of the City of Hamilton
BY-LAW N0.71-23
A By-law Respecting Motorized Snow Vehicles
WHEREAS The Motorized Snow Vehicles Act,
1968 does i n
subsection 1 of Section 6 provide t h a t ,
The council of a local municipality may pass by-laws
regulating, governing or prohibiting the operation of motorized
snow vehicles within the municipality including any highways
t h e r e i n o r any p a r t o r p a r t s thereof.;
AND WHEREAS i t is expedient to prohibit the operation of
motorized snow vehicles as i n t h i s By-law s e t forth.
NOW THEREFORE the Council of The Corporation of the City of
Hamilton enacts as follows:
1.
I n t h i s By-law,
(a) "Board" means Board of Park Management under The
Public Parks Act;
"corporation" means The Corporation of the City of
ton;
(c) "highway" includes a common and public highway,
s t r e e t ,
avenue,
parkway,
driveway,
square,
place, bridge,
viaduct o r trestle, designed and intended f o r , o r used
by the general public f o r the passage of vehicles;
(d) "operate" means render mobile by driving:
(e) "motorized snow vehicle" means a self- propelled
vehicle designed t o be driven exclusively on snow o r
i c e o r both;
(f) "municipality" means the Municipality of the City of
Hamilton;
(g) "parks" means parks,
avenues, boulevards and drives
and a l l properties r e a l and personal, applicable t o
the maintenance of parks belonging t o the municipality,
the general management,
regulation and control of
which i s vested i n the Board under The Public Parks
Act
by-law of the Board;
except a s may be exempted i n whole o r i n part by
(h)
Public Parks
The Public Parks Act,
R.S.O.
1960, chapter
amended from time t o time,
and any successor thereto.
2.
NO person s h a l l operate a motorized snow vehicle upon,
across, over o r along,
(a) any highway within the municipality;
parks;
(c)
lands owned or 'used by the corporation f o r playground
o r other recreational purposes under the direction of
the Department of Recreation of the corporation,
including the lands set f o r t h i n Schedule "A" hereto
annexed.
101
1
3.
This By-law does not apply to any motorized snow vehicle,
(a) owned by the corporation;
(b) engaged in works
or on behalf of the corporation.
Every person who contravenes this By-law is liable to
a fine of not more than $300.00,exclusive of costs.
(2) Every such fine is recoverable under The Summary
Convictions Act, in accordance with Part
of The Municipal Act.
this
of
January
A.D. 1971.
(1970)
2 0 R.T.T.C.
8,
December 15
Board of Park Management, Resolution, January 13, 1971
Recreation Committee, Resolution, January
1970
102
1/19/71
SCHEDULE "A"
To By-law No.
71- 23 -
Playground
Birge Playground
Jackson Playground
Kinsman Playground
Playground
Myrtle Playground
Powell Playground
Richwill Playground
Christopher's Playground
Steele Playground
Wellington Playground
Wentworth Playground
Woodward Playground
Woolverton Playground
Playground
Hunting
Centre
Central Memorial Centre
Barton Centre
Mountain Arena
Corner of
and Burlington S t r e e t s
Birge Avenue
Cheever S t r e e t
Jackson
West and
S t r e e t
Beach Blvd. near
Avenue
John S t r e e t N., east side, north of Cannon
Myrtle Avenue and Delaware Avenue
Birch Avenue and Huron Avenue
Richwill Road,
opposite West 2nd
Holly and
Avenues
E l l i s Avenue and Campbell
Wellington
west side, north of Cannon
Wentworth and Oliver S t r e e t s
Woodward and Brampton
Charlton Avenue East, opposite Catharfne
s.
Corner of Rosslyn and Dalkeith
Beach Boulevard and Station
Brentwood Drive - Broker Drive and
Sandalwood Avenue
S t r e e t and West Avenue
1389 Upper James
25 Hester S t r e e t
256
2/23/71
No.
The Corporation of the City of Hamilton
NO. 71- 5 9
To Amend:
Motorized Snow Vehicles By-law No. 71-23
Respecting:
Prohibiting the Operation of Motorized Snow Vehicles i n
Confederation Park
WHEREAS By-law No.
71-23, passed on the 20th day of January, 1971
does prohibit the operation of motorized snow vehicles within the Municipality
of the City of Hamilton, as therein set out;
AND WHEREAS i t is expedient t o prohibit motorized snow vehicles
from operating i n Confederation Park.
NOW THEREFORE the Council of The Corporation of the City of
Hamilton enacts as follows:
1.
Clause
of Section 1 is repealed and the following
substituted therefor:
"parks" means parks, avenues, boulevards, drives and
a l l properties real and personal, applicable t o the
maintenance of parks belonging t o the municipality, the
general management, regulation and control of which i s
vested i n ,
( i ) the Board under The Public Parks Act,
R.S.O.
1960,
chap. 328, except as may be exempted i n whole or i n
p a r t by by-law of the Board;
( i i ) the corporation.
t h i s
day of
February
A.D.
1971.
(1970) Confederation Park
February 10
5-14
B i l l No.
The Corporation of t h e City of
BY-LAW NO.
76-34
To Amend:
Motorized Snow Vehicles By-law No.
Respecting:
lton
71-23
USE OF PART OF KING'S
PARK
SNOW VEHICLES
WHEREAS By-law No. 71-23, passed on the 20th day of January,
1971
as amended by By-law No. 71-59, passed on the 23rd day of February, 1971, i n
accordance with Subsection 1 of Section 6 of The Motorized Snow Vehicles Act,
1970, C. 283 (now
Motorized Snow Vehicles A c t , 1974) provided for
t h e regulating, governing and prohibiting the operation of motorized
vehicles with t h e municipality or any part or parts thereof.
AND WHEREAS Part
of The Municipal Act, R.S.O.
1970, C.
284
respecting penalties and enforcement of by-laws applies and establishes the
maximum penalty of $1,000.00
for breach of the by-law.
AND WHEREAS it is desirable t o permit the operation of motorized snow
vehicles in part of King's Forest Park as hereinafter s e t out and t o establish
a maximum penalty.
NOW THEREFORE t h e Council of The Corporation of the City of Hamilton
enacts as follows:
1.
Section 2 of By-law No. 71-23, passed on the 20th day of January,
1971
a s amended by Section 1 of By-law No.
passed on the 23rd day of February,
1971, is amended by inserting at the beginning thereof, "Except as provided i n
Section
so that the first and second lines s h a l l read as follows:
2.
Except as provided i n Section 2a no person s h a l l
operate a motorized snow vehicle upon, across,
over or along,
2.
By-law No. 71-23 is amended by adding thereto the following section:
2a.
Motorized snow vehicles may be operated upon, across,
over or along a park or part thereof s e t forth or
described i n Schedule
hereto annexed.
3 .
Section 4 of By-law No. 71-23 is repealed and the following substituted
therefor:
4.
Every person who contravenes any provision of t h i s
by-law is guilty of an offence and on summary
conviction is l i a b l e t o a fine of not more than
$1,000.00 exclusive of costs.
PASSED t h i s
day of
January,
A.D.
1976.
J-81
The Corporation of the City of Hamilton
BY-LAW NO.
78 -
To Amend:
By-law
71-23
MOTORIZED SNOW VEHICLES
WHEREAS By-law No.
71-23, enacted under the authority of sub-
section
of section 6 of The Motorized Snowmobile Vehicles Act,
1968,
now section 6 of The Motorized Snow Vehicles Act, 1974, provided f o r
the regulation of Motorized Snow Vehicles i n parks under the control of
the Board of Park Management;
AND WHEREAS on December 31,
1973 the said Board of Park Manage-
ment was dissolved and the assets and l i a b i l i t i e s thereof became on the
1st day of January, 1974, a s s e t s and l i a b i l i t i e s of The Corporation of
the City of Hamilton, pursuant t o section 136 of The Regional Municipality
of Hamilton-Wentworth A c t ,
1973;
AND WHEREAS The Corporation of the City of Hamilton may exercise
a l l or any of the powers t h a t are conferred on boards of park management
by The Public Parks Act, pursuant t o section 352, paragraph 68 of The
Municipal Act,
R.S.O.
1970, Chapter 284;
AND WHEREAS i t is desirable t o revise
No.
71-23 t o e l i m -
i n a t e any reference t o the Board of Park Management.
NOW THEREFORE the Council of The Corporation of the City of
Hamilton enacts as follows:
1.
Clause (a) of section 1 of By-law No.
71-23, passed on the 20th
day of January,
1971, is repealed.
2.
Clause (g) of section 1 of By-law No.
71-23 is repealed and the
following substituted therefor:
"parks" means parks, avenues, boulevards , drives
and a l l properties real and personal,
applicable
t o the maintenance of parks belonging t o the
municipality.
PASSED t h i s
14th
day of
March
1978.
(1978) 3 R.P.R.C.
1, March 14
J-6
.
The Corporation of t h e City of Hamilton
BY-LAW NO.
79- 313
To Amend:
By-law No.
71-23
Respecting:
PUBLIC UTILITY MOTORIZED SNOW VEHICLES
WHEREAS By-law No.
71-23 w a s enacted under t h e
authority of subsection 1 of section 6 of The Motorized
Snow Vehicles A c t ,
1968, now subsection 2 of section 6 of
The Motorized Snow Vehicles A c t ,
1974;
AND WHEREAS subsection 2 of section 6 of t h e s a i d
A c t provides t h a t t h e council of a c i t y may pass by-laws
regulating,
governing o r prohibiting t h e operation of motor-
ized snow vehicles within t h e municipality including any
highway therein o r any p a r t thereof,
except a highway not
under t h e j u r i s d i c t i o n of t h e c i t y ;
AND WHEREAS
is desirable t o exempt public u t i l i t y
vehicles.
NOW THEREFORE t h e Council of The Corporation of t h e
City of Hamilton enacts as follows:
1.
Clause
of section 1 of By-law No.
71-23 is
repealed.
2.
t h e r e t o t h e following clause:
Section 1 o f t h e s a i d By-law is amended by adding
u t i l i t y " has t h e same meaning as
i n The Public U t i l i t i e s A c t .
3.
Section 3 of t h e s a i d
is amended by adding
t h e r e t o t h e following clause:
owned by a public u t i l i t y or engaged i n
works by o r on behalf of t h e public
u t i l i t y and c l e a r l y i d e n t i f i e d as being
operated by or on behalf of t h e public
u t
PASSED
13th
day of
November
A.D.
1979.
Mavor
14 R.P.R.C.
2, October 9
SCHEDULE
TO
BY-LAW NO. 71-23
1.
That part of King's Forest Park bound by Limeridge Road, Mountain
Brow Boulevard, Mohawk Road East and the C.N.R.
Railway Tracks.
J-82