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THE CORPORATION OF THE TOWNSHIP OF McMURRICH/MONTEITH
BY-LAW No. 20 - 2015
Being a By-law to Permit the Operation of Off Road Vehicles on Certain Highways
Under the Jurisdiction of The Corporation of the Township of McMurrich/Monteith
WHEREAS the Highway Traffic Act, R.S.O. 1990, Section 191.8, subsection (3), Chapter 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 the Highway Traffic Act, R.S.O. 1990, Chapter H. 8, Ontario Regulation 316/03
defines an Off Road Vehicle and provides regulations governing the operation of Off Road
Vehicles upon highways;
AND WHEREAS beginning July 1, 2015, the Highway Traffic Act, R.S.O. 1990, Chapter H. 8,
Ontario Regulation 135/15 further defines Off Road Vehicles and expands upon their permitted
use;
AND WHEREAS the Council of The Corporation of the Township of McMurrich/Monteith deems
it advisable to regulate the operation of Off Road Vehicles as defined in Section 1 of Ontario
Regulation 316/03 and 135/15, on certain highways within the jurisdiction of the Township of
McMurrich/Monteith, or on any part or parts of such highways;
NOW THEREFORE the Council of The Corporation of the Township of McMurrich/Monteith
enacts as follows:
1.
In this By-law:
(a)
"Highway" means a highway as defined in the Highway Traffic Act, R.S.O. 1990,
Chapter H.8, as amended.
(b)
"Off-Road Vehicle" means an off-road vehicle as defined in the Off-Road Vehicles
Act, R.S.O. 1990, Chapter O.4.
2.
Off Road Vehicles are not permitted to be operated on municipal highways that are
within the Township of McMurrich/Monteith that are under the jurisdiction of The
Corporation of the Township of McMurrich/Monteith except for those municipal
highways listed in Schedule "A" to this By-law. All-Terrain Vehicles operated on
municipal highways under authority of this By-law are to be operated in accordance
with Ontario Regulation 316/03 and Ontario Regulation 135/15.
3.
An Off Road Vehicle operated on highways under the jurisdiction of The Corporation of
the Township of McMurrich/Monteith as listed in Schedule "A" of this By- law must
meet the equipment requirements as set out in Ontario Regulation 316/03 and Ontario
Regulation 135/15.
4.
An Off Road Vehicle shall not be driven at a rate of speed greater than:
(a)
20 kilometres 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
kilometres per hour;
or
(b)
50 kilometres 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
kilometres per hour.
5.
The Exemptions set out in Ontario Regulation 316/03 and Ontario Regulation 135/15, as
amended from time to time, regarding the operation of Off-Road Vehicles on highways
shall apply to this By-law and the permissions granted thereunder.
6.
No person shall operate an Off Road Vehicle:
(a)
Over or upon the following areas, with the exception of recognized parking
areas:
(i)
Any Community Centre under the jurisdiction of The Corporation of the
Township of McMurrich/Monteith.
(ii)
Any Park, Playground or Beach Area under the jurisdiction of The
Corporation of the Township of McMurrich/Monteith.
(iii)
Any Sports Field under the jurisdiction of The Corporation of the
Township of McMurrich/Monteith.
(iv)
Any Cemetery under the jurisdiction of The Corporation of the Township
of McMurrich/Monteith.
(v)
Any Fairgrounds under the jurisdiction of The Corporation of the
Township of McMurrich/Monteith.
(b)
On any other municipally owned property, except municipal highways as
authorized in this By-law and subject to subsection (a), without the expressed
written consent of the municipality.
7.
If a court of competent jurisdiction should declare any section or part of a section 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.
8.
Any person operating an Off Road Vehicle in contravention of this By-law shall be guilty
of an offence and subject to the penalties provided by law.
9.
That By-law 1 - 2004 is hereby repealed.
10.
This By-law shall come into force and take effect upon final passage thereof.
Read a first and second time this 7th day of July, 2015
Read a third time and final time and passed this 4th day of August, 2015
_____________________________
______________________________
Reeve
Clerk
Schedule "A" to
The Corporation of the Township of McMurrich/Monteith By-law No. 20- 2015
The following highways and portions of highways are highways under the jurisdiction of The
Corporation of the Township of McMurrich/Monteith where Off Road Vehicles are permitted to
travel in accordance with the regulations as set out in By-law No. 20 - 2015.
All Municipal Roadways that are publicly maintained.