Lennox and Addington County, Ontario
· adopted 2021-01-27
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The Corporation of the County of Lennox and Addington
By-law No. 3493/21
A By-law to Amend By-law No. 3316/15, As Amended, to Regulate
the Operation of Off-Road Vehicles on Highways Under the
Jurisdiction of the Corporation of the County of Lennox and
Addington
WHEREAS, Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, as amended,
provides that the Council of a municipality may pass by-laws permitting and
regulating the operation of off road vehicles, as defined in Ontario Regulations 316/03
and 135/15, on highways under the jurisdiction of the municipality;
AND WHEREAS, Ontario Regulations 316/03 and 135/15 of the Highway Traffic Act,
R.S.O. 1990, as amended, applies to the operation of off road vehicles on highways;
AND WHEREAS, the Council of the Corporation of the County of Lennox and
Addington deems it necessary and expedient that the permitted use of certain off-
road vehicles on certain highways under the jurisdiction of the County of Lennox and
Addington be prescribed by by-law;
AND WHEREAS, the Council of the Corporation of the County of Lennox and
Addington deems it necessary and expedient to amend By-law No. 3316/15;
NOW THEREFORE, the Council of the Corporation of the County of Lennox and
Addington enacts as follows:
1. Definitions
1.1
"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,
− has one passenger seat that is designed to be
straddled by the passenger while sitting facing forward
behind the driver, and
− is equipped with foot rests for the passenger that are
separate from the foot rests for the driver.
By-law No. 3493/21
Page 2
1.2
"extreme terrain vehicle" means an off-road 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
"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.
1.4
"off-road motorcycle" means an off-road vehicle, 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;
1.5
"off-road vehicle" has the same meaning as in the Off-Road Vehicles
Act.
1.6
"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.
1.7
"seat belt assembly" means a device or assemble composed of a strap
or straps, webbing or similar material that restrains the movement of a
person in order to prevent or mitigate injury to the person O.Reg.
316/03, s.1 and O.Reg. 135/15, s.1.
1.8
"highway" means a common and public highway, street, avenue,
parkway and driveway, any part of which is intended for or used by the
public for the passage of vehicle and includes the area between the
lateral property lines thereof.
By-law No. 3493/21
Page 3
2. Regulation of Off-Road Vehicles on Highways
2.1
No person shall operate an off-road vehicle on a highway under the
jurisdiction of the County of Lennox and Addington unless it meets the
equipment requirements of Sections 7 to 15 of Ontario Regulations
316/03 and 135/15 and is operated in accordance with Sections 16 to
24 of Ontario Regulations 316/03 and 135/15.
2.2
No person shall operate an off-road vehicle at a rate of speed greater
than:
a) 20 km per hour, if the speed limit established under the Highway
Traffic Act or by municipal by-law for that part of the highway is not
greater than 50 km per hour;
b) 50 km per hour, if the speed limit established under the Highway
Traffic Act or by municipal by-law for that part of the highway is
greater than 50 km per hour.
3. General
3.1
Operation of an off-road vehicle shall be permitted on all highways
under the jurisdiction of the County of Lennox and Addington with the
exception of those listed on Schedule 'A' attached hereto.
3.2
No person shall operate an off-road vehicle on those parts of a highway
stipulated in Schedule 'A' attached hereto.
3.3
No person shall operate an off-road vehicle on highways under the
jurisdiction of the County of Lennox and Addington except in
accordance with the conditions of this By-law, in accordance with
Ontario Regulations 316/03 and 135/15 of the Highway Traffic Act, and
in accordance with the Off Road Vehicles Act as amended.
4. Penalties
4.1
Any person who contravenes any section of this By-law is guilty of an
offence and upon conviction is liable to such fines and penalties as are
provided for in the Provincial Offences Act R.S.O. 1990, as amended.
5. Schedule
5.1
Schedule 'A' shall be deemed to be an integral part of this By-law.
By-law No. 3493/21
Page 4
1. Validity/Severability
1.1
In the event any Court of competent jurisdiction should adjudge that any
section or sections of this By-law may not be valid for any reason, such
section or sections shall be deemed to be severable from the remainder
of the By-law and the remainder of the By-law shall stand and be
enforceable to the same extent as if the offending section or sections
had not been included herein.
2. By-law Amendment
7.1
That this By-law shall amend By-law No. 3316/15, as amended.
3. Effective Date
3.1
This By-law shall come into force and take effect immediately upon the
passing thereof by the Council of the Corporation of the County of
Lennox and Addington.
Read a first, second and third time and finally passed this twenty-seventh day of
January 2021.
Clerk
Warden
Tracey McKenzie
Signed with ConsignO Cloud (2021/01/28)
Verify with ConsignO or Adobe Reader.
Ric Bresee
Signed with ConsignO Cloud (2021/01/28)
Verify with ConsignO or Adobe Reader.
THE CORPORATION OF THE COUNTY OF LENNOX AND ADDINGTON
SCHEDULE 'A' TO BY-LAW NO. _________/21
HIGHWAYS UNDER THE JURISDICTION OF THE CORPORATION OF THE
COUNTY OF LENNOX AND ADDINGTON WHERE THE USE OF OFF-ROAD
VEHICLES ARE PROHIBITED
COUNTY
ROAD NO.
FROM
TO
1
its intersection with Enviro Park
Lane in the Town of Greater
Napanee
a point 400m east of its
intersection with Crouse Street in
the Town of Greater Napanee
2
a point 750m west of its
intersection with Russell Street in
the Town of Greater Napanee
its intersection with Old Hamburg
Road in the Town of Greater
Napanee
5
its intersection with County Road
2 in the Town of Greater Napanee
a point 300m east of the Highway
401 westbound ramp terminal in
the Town of Greater Napanee
6
its intersection with Highway No.
33 in Loyalist Township
its intersection with County Road
23 in Loyalist Township
7
its intersection with Highway No.
33 in Loyalist Township
its intersection with Doyle Road in
Loyalist Township
8
its intersection with County Road
2 in the Town of Greater Napanee
its intersection with Golf Course
Lane in the Town of Greater
Napanee
9
(River
Road)
its intersection with County Road
8 in the Town of Greater Napanee
a point 650m west of its
intersection with Edgewood Drive
in the Town of Greater Napanee
24
its intersection with Highway No.
33 in Loyalist Township
its intersection with County Road
23 in Loyalist Township
41
its intersection with County Road
2 in the Town of Greater Napanee
its intersection with Community
Road in the Town of Greater
Napanee