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THE CORPORATION
OF THE MUNICIPALITY
OF KINCARDINE
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BY -LAW
NO. 2016 - 016
BEING A BY -LAW TO PERMIT AND CONTROL
THE OPERATION
OF
OFF -ROAD VEHICLES" ON HIGHWAYS UNDER THE JURISDICTION
OF
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
WHEREAS
pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
Section
8 (1)
and 9 provide that the powers of a municipality
under this or any
other Act shall
be interpreted
broadly so as to confer broad authority
on the
municipality
to enable the municipality
to govern
its affairs
as
it considers
appropriate
and
to enhance
the
municipality's
ability
to
respond
to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising
its authority under this or any other Act;
WHEREAS Sections
11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended
gives broad authority to lower -tier municipalities to provide any service or thing
that
the
municipality
considers
necessary
or
desirable
for
the
public
and
respecting matters within the sphere of jurisdiction
highways, including parking
and traffic on highways;
AND WHEREAS Section 191.8 (3)
of the Highway Traffic Act, R.S.
O.
1990, c.H.
8,
as amended, authorizes
the Council of 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 "Operation of Off -road Vehicles on
Highways" regulates the operation of off -road vehicles.
AND WHEREAS
Council deems it advisable to regulate the operation of off-road
vehicles on any highway within the municipality that is under the jurisdiction of the
municipality;
NOW THEREFORE the
Council
of The Corporation of the
Municipality of
Kincardine ENACTS as follows:
1.
DEFINTIONS
1.1
Boulevard" --
means that part of the highway situated between the
curb line and the property line of the lot abutting the highway, but
does not include
a sidewalk
or shoulder.
1.2
By -law Enforcement
Officer -- means a commissionaire, assistant or
and other officer or civilian person engaged by the South Bruce
O.P.
P and /or appointed by the Municipality of Kincardine to enforce
or carry out the provisions of this by -law or any part or parts thereof.
1.3
Core Services" -- means accessing lodging, fuel or other retails
services within
the urban
areas of the Municipality.
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Off -Road Vehicles Use By -law
By -law No. 2016 - 016
1.4
Highway" --
includes a common and public highway, street, avenue,
parkway, driveway, 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.
1.5
Municipality" -- means The Corporation of the Municipality of
Kincardine
1.6
Off Road Vehicle" means:
multi- purpose off - highway utility vehicle" means an off -road 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.
recreational off - highway vehicle" means an off -road 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.
all-
terrain vehicle" means an off -road 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 only 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.
1.7
Recognized Agencies" -- shall be the Ontario Federation of All -
Terrain Vehicle Clubs, South Bruce Peninsula ATV Club and the
Huron
Shores
ATV Club.
1.8
Sidewalk" -- means that portion of a highway between the curb line
and the property line of the lot abutting the highway improved for
the use of pedestrians.
1.9
Urban Area" - means an area that has more than 400 people per
square kilometre and has more than 1,000 people. If two or more
urban areas are within two kilometres
of each other, they are
merged into a single urban area. For the Municipality of Kincardine,
the urban areas shall be defined as all of Ward 1, subdivisions
in
Wards 2 and 3 north of Ward 1 and west of County Road #23 and
Highway #21,
Underwood, Inverhuron, Tiverton, and Bervie.
2.
REGULATIONS
2.1
Off Road Vehicles shall be permitted upon the highways under the
jurisdiction of The Corporation of the Municipality of Kincardine
and
Page 3
Off -Road Vehicles Use By -law
By -law No. 2016 - 016
in accordance with regulation 316/03 of the Highway Traffic Act, the
Off -Road Vehicle Act, in accordance with the provisions of this by-
law.
2.2
The exemptions as set out in sections 25 through 28 of Ontario
Regulation 316/03, as amended from time to time, regarding the
operation of Off -Road Vehicles on highways shall apply to this By-
law and the permission granted hereunder.
2.3
Unless such lands form part of a trail route approved and maintained
by a Recognized Agency, no person shall operate an off -road
vehicle over or upon the following areas:
a)
Any Community Centre under the jurisdiction of the
Municipality;
b)
Any park, playground, trail, sand dune or beach area under
the jurisdiction of the Municipality;
c)
Any shoreline road allowance under the jurisdiction of the
Municipality;
d)
Any sports field under the jurisdiction of the Municipality; or
e)
Any cemetery under the jurisdiction of the Municipality;
111
f)
On any municipal public property in the Municipality without
the consent of the Municipality;
g)
Along any sidewalk or boulevard within the Municipality;
h)
All ATV's shall travel on shoulder of road, but may operate on
road if shoulder is not safe;
i)
Schedule "A"
list person(s)
or companies exempt from this
by -law.
2.4
No person shall operate an off -road vehicle:
a)
In such a way as to disturb or distort the natural environment
including fish habitats, property, and any flora or fauna;
b)
In any urban area including but not limited to Kincardine,
Tiverton, Inverhuron except as a means of direct access for
the purpose of entering or exiting the urban area or to obtain
core services;
c)
Without a valid off -road vehicle license plate and insurance.
2.5
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 force.
3.
PENALTIES /ENFORCEMENT
3.1
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.
3.2
All provisions of this by -law may be enforced by a By -law
Enforcement Officer of The Corporation of the Municipality of
Kincardine.
4.
GENERAL
4.1
That Schedule `A' is attached hereto and forms part of this by -law.
4.2
That By -law No. 2008 -142 be hereby repealed.
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Off -Road Vehicles Use By -law
By -law No. 2016 - 016
4.3
This by -law shall come into force and effect upon its final passage.
4.4
This by -law may be cited as the "Off -Road Vehicles Use By -law."
READ a FIRST and SECOND TIME this 1st day of February, 2016.
READ a THIRD TIME and FINALLY PASSED this 1st day of February, 2016.
j
10_
Mayor
Clerk
Page 5
Off -Road Vehicles Use By -law
By -law No. 2016 - 016
Schedule ` A'
The following
are exempt from By -law number 2016 - 016
1.
By -law Department employees for The Corporation of the Municipality of
Kincardine.
2.
All Police Officers while performing his or her duties.
3.
All Fire Department personnel while performing his or her duties.
4.
All Medical Rescue personnel while performing his or her duties.
5.
All employees of the Municipality of Kincardine while performing his or her
duties.
6.
Hydro One or Westario Power Employee(s)
and its contractors while
performing his or her duties.
7.
Ministry of Natural Resources employees while performing his or her
duties.
8.
Farmers(s),
Trapper(s),
Public Utility Worker(s),
and Commercial Snow
Removal are exempt while performing his or her duties.
9.
County of Bruce By -law Enforcement personnel while performing his or her
duties.
10. Any person operating
an Off -Road Vehicle for the purpose of rendering
assistance during a declared
emergency
within the Municipality.