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The Corporation of the Town of Minto
By-law Number 2021-31
To permit and regulate the use of off-road vehicles on certain roadways
under the jurisdiction of the Corporation of the Town of Minto
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the
powers of a municipality shall be interpreted broadly so as to enable a municipality to
govern its affairs as it considers appropriate and to respond to issues.
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, section 11.
(3), provides that a municipality may pass by-laws with respect to municipal owned
highways, including parking and traffic on such highways.
AND WHEREAS the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, provides
that the council of a municipality may pass by-laws permitting the operation of off-road
vehicles or classes 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
only during specified times.
AND WHEREAS the Council of the Town of Minto deems it in the public interest to
permit and regulate the operation of off-road vehicles upon its highways or parts of its
highways.
NOW THEREFORE the Council of the Corporation of the Town of Minto enacts as
follows:
1. SHORT TITLE
1.1 This by-law shall be known as "The Off-Road Vehicle By-law".
2. DEFINITIONS
Boulevard shall mean that portion of every road allowance which is not used as a
sidewalk.
Highway shall mean a common and public highway, street, avenue, parkway,
driveway, square, place, 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.
Off-road Vehicle or ORV, shall mean a vehicle propelled or driven otherwise than by
muscular power or wind and designed to travel,
(a) On not more than three wheels, or
(b) On more than three wheels and being of a prescribed class of vehicle which
shall be limited to the following:
i.
all-terrain vehicle or ATV 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,
1) a driver only and no passengers, or
2) 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 footrests for the passenger that
are separate from the footrests for the driver.
ii.
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.
iii.
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.
iv.
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 millimeters,
d. has a minimum wheelbase of 1,016 millimeters,
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.
v.
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.
Property Owner shall mean the registered owner, condominium corporation, assessed
owner, occupant, tenant, person for the time being managing or receiving the rent for
the property whether on his/her own account or as any agent or trustee or on account
of any other person.
Sidewalk shall mean the portion of a highway between the curb line or edge of a
roadway and the adjacent property line that is designated and intended for the use of
pedestrians.
3. GENERAL PROVISIONS
3.1 The operation of off-road vehicles shall be permitted upon the highways under the
jurisdiction of the Corporation of the Town of Minto and in accordance with Ontario
Regulation 316/03 of the Highway Traffic Act, as amended, the Off-Road Vehicles Act,
as amended, and in accordance with the provisions of this by-law.
3.2 No person shall operate an off-road motorcycle or an extreme terrain vehicle on
any highway within the Town of Minto.
3.3 No person shall operate an off-road vehicle at a rate of speed greater than.
(a) 20 kilometers per hour, if the speed limit established under the Highway Traffic
Act, as amended or municipal by-law for that part of the highway is not greater
than 50 kilometers per hour, or
(b) 50 kilometers per hour, if the speed limit established under the Highway Traffic
Act, as amended, or by municipal by-law for that part of the highway is greater
than 50 kilometers per hour.
3.4 No person shall operate an off-road vehicle in the urban areas of the Town of
Minto between the hours of 11:00 pm and 6:00 am or, if hunting, 11:00 pm and 5:00
am
3.5 No person shall operate an off-road vehicle over or upon:
(a) any Community Centre grounds,
(b) any park, sports field, playground, walking trail, or
(c) any cemetery that is under the jurisdiction of the Town of Minto.
3.6 No person shall operate an off-road vehicle near any churches or funeral homes
when services are in progress.
3.7 No person shall operate an off-road vehicle near a school, during the hours of 8:00
am to 4:30 pm during the school year.
3.8 No person shall operate an off-road vehicle on any sidewalk in the Town of Minto
other than for the purpose of crossing a sidewalk when travelling from private property
to a highway.
3.9 No person shall operate an off-road vehicle on a boulevard in the Town of Minto
other than for the purpose of crossing a boulevard when travelling from private
property to a highway.
3.10 No person shall operate an off-road vehicle on any highway in the Town of Minto
from December 1 to March 31. Hunters are exempt from this provision only.
3.11 No person shall operate an off-road vehicle on private property within the Town of
Minto without written consent of the property owner.
3.12 No person shall operate an off-road vehicle on highways as shown on Schedule
"A" Off-Road Vehicles Prohibited.
3.13 No person shall operate an off-road vehicle in such a way as to disrupt or destroy
the natural environment, create a nuisance by method of frequency of operation on
any municipal property or upon any highway within the municipality.
4. EXEMPTIONS
4.1 This by-law shall not apply to off-road vehicles operated for emergency
purposes by the Town of Minto employees or agents, Minto Fire Department,
Wellington County OPP or Guelph-Wellington Paramedic Services.
5. PENALTY PROVISIONS
5.1 Where applicable, the provisions of this by-law shall be enforced by a Police
Officer, a Municipal Law Enforcement Officer, or other such persons appointed by
the municipality.
5.2 No person shall obstruct, hinder, or otherwise interfere with a Police Office,
Municipal Law Enforcement Officer, or other duly appointed individual in the lawful
carrying out of their duties and responsibilities under the provisions of this by-law.
5.3 Failure to stop when directed by a Police Officer or Municipal Law Enforcement
Officer shall be an offence of obstruction.
5.4 Every person who contravenes any section 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, c. P.33, as amended.
6. SEVERABILITY
6.1 Each and every one of the foregoing provisions of the by-law is severable and if
any provisions of this by-law should, for any reason, be declared invalid by any
court, it is the intention and desire of this council that each and every one of the
then remaining provisions shall remain in full force and effect.
7. EFFECTIVE DATE
This By-law shall come into force and takes effect on the date of its final passing.
Read a first, second, third time and passed in open Council this 6th day of April 2021
George A. Bridge, Mayor
Annilene McRobb, Clerk
SCHEDULE "A"
Town of Minto By-law 2021-31
Off-Road Vehicles Prohibited
Clifford
Highway
From
To
Time of Day
Elora St.
John St.
Geddes St.
Anytime
Harriston
Highway
From
To
Time of Day
Elora St.
Young St.
Union St.
Anytime
Louise St.
Elora St. N.
John St. N.
Anytime
Highway
From
To
Time of Day
White's Rd.
Lett St.
Dufferin St.
Anytime
Main St. W.
Norman St.
Henry St.
Anytime
Town of Minto
Set Fines
Part 1 Provincial Offences Act
By-law 2021-31, a by-law to regulate the operation of off-road vehicles within the
Town of Minto
Item
Column 1
Short form wording
Column 2
Provision
creating or
defining offence
Column 3
Set fines
1
Operate off-road motorcycle or extreme
terrain vehicle on highway
Section 3.2
$100.00
2
Operate an ORV outside permitted hours
Section 3.4
$100.00
3
Operate an ORV in a prohibited area
Section 3.5
$200.00
4
Operate an ORV near a church/funeral
home during services
Section 3.6
$200.00
5
Operate an ORV near a school during
prohibited hours
Section 3.7
$200.00
6
Operate an ORV on sidewalk
Section 3.8
$200.00
7
Operate ORV on boulevard
Section 3.9
$100.00
8
Operate an ORV outside permitted dates
Section 3.10
$100.00
9
Operate an ORV on prohibited highway
Section 3.12
$200.00
10
Obstruction
Section 5.2
$400.00
Note: The general penalty provisions for the offences listed above is section 5.4 of
by-law 2021-31, a certified copy of which has been filed.