Municipal Code Chapter 667 — Vehicle - Motorized - Snow — full text

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HIGHWAY - STREET Chapter 667 VEHICLE - MOTORIZED - SNOW CHAPTER INDEX Article 1 INTERPRETATION 667.1.1 Approved trails - defined 667.1.2 Boulevard - defined 667.1.3 Highway - defined 667.1.4 Motorized snow vehicle - defined 667.1.5 Private property - defined 667.1.6 Sidewalk - defined Article 2 MOTORIZED SNOW VEHICLES 667.2.1 Operation - prohibited times 667.2.2 Operation - highway 667.2.3 Operation - on highway - prohibited - Schedule 'A' 667.2.4 Operation - on sidewalk - prohibited 667.2.5 Operation - on boulevard - prohibited 667.2.6 Operation - in park - prohibited - exception - trail 667.2.7 Operation - trails - prohibited 667.2.8 Operation - on private property - owner - consent Article 3 EXEMPTIONS 667.3.1 Crossing highway - 90 degrees - permitted 667.3.2 Exemption - special circumstances - by resolution 667.3.3 Exemption - emergency use - authorized persons Article 4 ENFORCEMENT 667.4.1 Fine - for contravention 667.4.2 Obstruction ORILLIA 667.1 FEBRUARY 2010 VEHICLE - MOTORIZED - SNOW 667 Article 5 REPEAL 667.5.1 By-law - previous SCHEDULE Schedule 'A' Highway - Street - Prohibited __________ Article 1 INTERPRETATION 667.1.1 Approved trails - defined "approved trails" means Ontario Federation of Snowmobile Clubs (O.F.S.C.) trails within the limits of the City of Orillia which have been approved by resolution of the Council of The Corporation of the City of Orillia. 667.1.2 Boulevard - defined "boulevard" means all the parts of the highway save and except any roadway, shoulder or sidewalk; and (a) "outer boulevard" means that part of the highway lying between any sidewalk and the traveled portion of the highway or the near edge of the shoulder where such exists; (b) "inner boulevard" means that part of the highway lying between the property line and the edge of the sidewalk nearest to the property line and where there is no sidewalk, it means that part of the highway lying between the property line and the traveled portion of the highway or the edge of the shoulder, where such exists, furthest from the traveled portion of the highway. 667.1.3 Highway - defined "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles. 667.1.4 Motorized snow vehicle - defined "motorized snow vehicle" means a self-propelled vehicle designed to be driven primarily on snow. 667.1.5 Private property - defined "private property" includes City-owned property, church property and school board property. 667.1.6 Sidewalk - defined "sidewalk" means that portion of a highway at the side of or adjacent to such highway normally used for pedestrian traffic only and exclusion of any part of such highway coming within the definition of "boulevards" herein. ORILLIA 667.2 FEBRUARY 2010 VEHICLE - MOTORIZED - SNOW 667 Article 2 MOTORIZED SNOW VEHICLES 667.2.1 Operation - prohibited times No person shall operate a motorized snow vehicle between 11:00 p.m. and 7:00 a.m. 667.2.2 Operation - highway No person shall operate a motorized snow vehicle on highways within the corporate limits of the City of Orillia except: (a) on an approved trail (b) for the purpose of traveling from the operator's residence to a trail approved by Council or a lake and to return from such trail or lake to his or her residence. 667.2.3 Operation - on highway - prohibited - Schedule 'A' Notwithstanding Sections 667.2.1 and 667.2.2, no person shall operate a motorized snow vehicle on any highway in the City of Orillia as shown on Schedule 'A'. 667.2.4 Operation - on sidewalk - prohibited No person shall operate a motorized snow vehicle on any sidewalk in the City of Orillia. 667.2.5 Operation - on boulevard - prohibited No person shall operate a motorized snow vehicle on any boulevard in the City of Orillia. 667.2.6 Operation - in park - prohibited - exception - trail No person shall operate a motorized snow vehicle in any park in the City of Orillia, except where a Council approved trail crosses through such a park. 667.2.7 Operation - trails - prohibited No person shall operate a motorized snow vehicle on any trail in the City of Orillia as shown on Schedule 'A'. 667.2.8 Operation - on private property - owner - consent No person shall operate a motorized snow vehicle on private property within the corporate limits of the City of Orillia, except when authorized to do so by the owner of the private property concerned. Article 3 EXEMPTIONS 667.3.1 Crossing highway - 90 degrees - permitted Nothing in this Chapter shall prohibit the operation of a motorized snow vehicle across any of the highways shown on Schedule 'A' provided the driver or operator shall enter or cross at an angle of approximately 90 degrees to the direction of the highway. 667.3.2 Exemption - special circumstances - by resolution Council may, by resolution, exempt operators from the provisions of Section 667.2.6 under special circumstances. 667.3.3 Exemption - emergency use - authorized persons ORILLIA 667.3 FEBRUARY 2010 VEHICLE - MOTORIZED - SNOW 667 The provisions of this Chapter shall not apply to motorized snow vehicles operated for emergency purposes by the Ontario Provincial Police, City employees and employees of Orillia Power, Ontario Hydro and Bell Telephone or by any doctor or ambulance service or their agents. Article 4 ENFORCEMENT 667.4.1 Fine - for contravention Every person who contravenes any of the provisions of this Chapter is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act. 667.4.2. Obstruction (a) No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this Chapter. (b) Any person who is alleged to have contravened any of the provisions of this Chapter, shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of his duties. Article 5 REPEAL 667.5.1 By-law - previous By-law 1971-234 is hereby repealed. By-law 1991-47, 10 June 1991. Adopting By-law: By-law 1991-47, 10 June 1991. ORILLIA 667.4 FEBRUARY 2010 VEHICLE - MOTORIZED - SNOW 667 ORILLIA 667.5 FEBRUARY 2010 By-law Amendments: By-law 1994-24, 10 January 1994; By-law 1995-7, 23 January 1995; By-law 1998-23, 2 February 1998; By-law 1999-16, 25 January 1999; By-law 2001-60, 7 May 2001; By-law 2007-178, 26 November 2007; By-law 2008-129, 21 July 2008, By-law 2010-11, 1 February 2010.