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Township of Huron-Kinloss
Off-Road Vehicle By-Law
(Office Consolidation)
The amending by-laws have been combined with the original by-law for convenience only. This
consolidation is not a legal document. Certified copies of the original by-laws should be
consulted for interpretations and applications of the by-laws on this subject. The by-law
numbers referenced in this consolidation refer to the by-laws that amended the principal By-law
No. 2015-89.
April 2024
By-Law No.
Date
Amendment
2024-44
April 15, 2024
Section 2.9
amendment and
Schedule A
Permission to use
section of trail on
Twp property,
Schedule A
The Corporation of the Township of Huron-Kinloss
BY-LAW
2015 -89
Being a by-law to permit and control the operation of Off-Road Vehicles (ORV's)
on Highways under the jurisdiction of the Corporation of the Township of Huron-
Kinloss
WHEREAS Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as
amended (the "HTA"), authorizes the Council of a municipality to pass by-laws permitting
the operation of off-road vehicles with three or more wheels 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 entitled "Operation of Off-Road Vehicles on
Highways" under the HTA (the "Regulation") regulates the operation of off-road vehicles
on highways;
AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
(the "Municipal Act, 2001"), assigns spheres of jurisdiction and authorizes municipalities
to pass by-laws respecting matters pertaining to highways within their jurisdiction;
AND WHEREAS the Council of The Corporation of the Township of Huron-Kinloss deems
it advisable to regulate the operation of off-road vehicles on highways within its
jurisdiction, or on any part or parts of such highways;
NOW THEREFORE the Council of The Corporation of the Township of Huron-Kinloss
enacts as follows:
1.0
Definitions:
1.1
"Core Services" means accessing food, lodging, or fuel within the urban
areas of the Township;
1.2
"Highway" shall have the same meaning as defined in section 1 of the HTA
and shall include any part or parts thereof but shall expressly exclude any
sidewalks, paths or other parts of the Highway used exclusively by
pedestrians or cyclists;
1.3
"Off Road Vehicle" means:
1.3.1 an all-terrain vehicle that:
a)
has four wheels, the tires of which are all in contact with the
ground,
b)
has steering handlebars,
c)
has a seat that is designed to be straddled by the driver; and
d)
is designed to carry:
(i)
a driver and no passengers, or
(ii)
a driver and only one passenger, if the vehicle,
A)
has one passenger seat that is designed to be
straddled by the passenger while sitting facing
forward behind the driver, and
B)
is equipped with foot rests for the passenger
that are separate from the foot rests for the
driver;
1.3.2 a multi-purpose off-highway utility vehicle that:
a)
has four or more wheels, the tires of which are all in contact
with the ground,
b)
has a steering wheel for steering control,
c)
has seats that are not designed to be straddled, and
d)
has a minimum cargo capacity of 159 kilograms;
1.3.3 a recreational off-highway vehicle that:
a)
has four or more wheels, the tires of which are all in contact
with the ground,
b)
has a steering wheel for steering control,
c)
has seats that are not designed to be straddled, and
d)
has an engine displacement equal to or less than 1,000 cubic
centimetres.
1.3.4 an extreme terrain vehicle that:
a)
has six or eight wheels, the tires of which are all in contact
with the ground,
b)
has no tracks that are in contact with the ground,
c)
has seats that are not designed to be straddled, and
d)
has a minimum cargo capacity of 159 kilograms;
1.3.5 an off-road motorcycle, designed primarily for recreational use, that:
a)
has steering handlebars,
b)
has two wheels, the tires of which are all in contact with the
ground,
c)
has a minimum wheel rim diameter of 250 millimetres,
d)
has a minimum wheelbase of 1,016 millimetres,
e)
has a seat that is designed to be straddled by the driver,
f)
is designed to carry a driver only and no passengers, and
g)
does not have a sidecar.
1.4
"Township" shall mean The Corporation of the Township of Huron-Kinloss.
2.0
General Provisions:
2.1
Off-Road Vehicles shall be permitted on Highways under the jurisdiction of
the Township, provided the Off-Road Vehicle, as well as the person
operating it, complies with the provisions of:
a)
this by-law;
b)
the HTA;
c)
the Regulation; and
d)
the Off-Road Vehicles Act, R.S.O. 1990, c. O.4, as amended (the
"ORV Act").
2.2
Pursuant to section 22 of the Regulation, no person shall operate an Off-
Road Vehicle on any Highway under the jurisdiction of the Township at a
rate of speed greater than:
2.2.1 20 kilometers per hour, if the speed limit established for that part of
the Highway is not greater than 50 kilometers per hour; or,
2.2.2 50 kilometers per hour, if the speed limit established for that part of
the Highway is greater than 50 kilometers per hour.
2.3
Pursuant to section 19.3 of the Regulation, no person shall drive an Off-
Road Vehicle on a Highway under the jurisdiction of the Township with a
passenger on the vehicle who is under the age of eight.
2.4
Pursuant to section 19(1) of the Regulation, the driver of every Off-Road
Vehicle and every passenger on an Off-Road Vehicle shall wear helmets
that comply with section 19 of the ORV Act.
2.5
Pursuant to section 19.4 of the Regulation, no person shall drive an Off-
Road Vehicle on a Highway under the jurisdiction of the Township while it
is towing a trailer or any other attachment if there is a passenger on the
trailer or other attachment.
2.6
The operator of an Off-Road Vehicle on a Highway under the jurisdiction of
the Township shall ensure that:
2.6.1 when towing a trailing device, that the said trailing device shall be
equipped with a rigid hitch which shall be securely fastened to the
Off-Road Vehicle; and,
2.6.2 that the trailing device shall meet all the requirements of this by-law,
the HTA, the Regulation and the ORV Act.
2.7
The exemptions as set out in sections 26 to 28 in the Regulation, regarding
the operation of Off-Road Vehicles on Highways shall apply to this by-law
and the permissions granted hereunder.
2.8
All employees for the Township, while in the performance of their duties,
shall be exempt from the provisions in this by-law.
2.9
a) No person shall operate an Off-Road Vehicle on any property owned by
the Township, except for a Highway or a trail approved by the Township for
such use, without the permission of the Township.
b) Permission to use the section of trail located on Township property know
as Con 5, Part Lot 20 Kinloss, identified on Schedule "A" attached to and
forming part of this By-law is contingent on the ATV operator obtaining a
valid permit from the Huron Shores ATV Club.
2.10 No person shall operate an Off-Road Vehicle:
2.10.1 in such a way so as to disturb or distort the natural environment
including, fish habitats, property, and any flora or fauna;
2.10.2 in any urban area of the Township including, but not limited to, Ripley
and Lucknow, except as a means of direct access to Township-
approved Off-Road Vehicle trails or to obtain Core Services; and
2.10.3 in the area west of Lake Range Drive to Lake Huron in the Township
(not to include Lake Range Drive itself) except as a direct access to
Township-approved Off-Road Vehicle trails or to obtain Core
Services.
3.0
This by-law may be enforced by police officers or municipal law enforcement
officers appointed or authorized by the Township.
4.0
No person shall hinder or obstruct, or attempt to hinder or obstruct, a police officer
or a municipal law enforcement officer exercising a power or performing a duty
under this by-law.
5.0
Every person(s) who violates a provision of this by-law is guilty of an offence and,
upon conviction, is liable to a fine as provided for in the Provincial Offences Act,
R.S.O 1990, Chapter 33, as amended.
6.0
If a Court of competent jurisdiction should declare any section or part of this by-
law to be invalid, such section or part of a section shall not be construed as having
persuaded or influenced Council to pass the remainder of the by-law and it is
hereby declared that the remainder of the by-law shall be valid and shall remain in
full force and effect.
7.0
That By-Law 2008-44 passed on the 21st day of April, 2008 is hereby repealed.
8.0
This by-law shall come into full force and effect upon final passage.
9.0
This by-law may be cited as the "Off-Road Vehicle By-Law".
Read, Enacted, Signed and Sealed this 16th day of November, 2015.
Original Signed by Wilf Gamble
Deputy Mayor
Original Signed by Sonya Watson
Clerk
Schedule A By-Law
2024-44