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By-law No. 2016-087
Off-Road Vehicles By-law
Table of Contents
Part I. Short Title, Purpose and Scope ...................................................... 1
Short Title ............................................................................................... 1
Purpose ................................................................................................... 1
Scope ..................................................................................................... 1
Part II. Interpretation .............................................................................. 1
Headings ................................................................................................. 1
References to Applicable Law ..................................................................... 2
Definitions ............................................................................................... 2
Part III. Off-Road Vehicles ....................................................................... 2
Limited and Conditional Permission ............................................................. 2
Restrictions and Operating Requirements .................................................... 2
Part IV. Enforcement and Penalty ............................................................ 3
Enforcement ............................................................................................ 3
Penalty ................................................................................................... 3
Part V. Conflict and Transition .................................................................. 3
Review .................................................................................................... 3
Conflict ................................................................................................... 3
Terms Severable ...................................................................................... 3
By-law No. 1992-014 ................................................................................ 3
Enactment ............................................................................................... 3
Schedule A - Roadways where Off-Road Vehicles Prohibited ...................... 4
Schedule B - Schedule 'C' to By-law No. 1992-014 - Georgian Bay Trail ..... 5
Consolidated Version
Revised and Verified March 20, 2018
Revision History:
Passed On:
2016-087 (Original)
June 13, 2016
2018-034
March 19, 2018
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and information.
While every effort is made to ensure the accuracy of this by-law, it is not an official version or a
legal document. The original by-law should be consulted for all interpretations and applications
on this subject. For more information or to view by-laws please contact the Clerks Department.
The Corporation of the City of Owen Sound
By-law No. 2016-087
A By-law to regulate the use Off-Road Vehicles on Municipal
Roadways within the City of Owen Sound
WHEREAS subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.25 (the
"Municipal Act") provides that a lower-tier municipality may pass by-laws respecting
highways, including parking and traffic on highways, and subsection 8(3) provides
that a by-law made under this section may regulate or prohibit respecting the
matter; and
WHEREAS subsection 191.8 (1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the
"Highway Traffic Act") provides that no person shall drive an off-road vehicle on a
highway except in accordance with the regulations and any applicable municipal by-
laws; and
WHEREAS subsection 191.8 (3) of the Highway Traffic Act provides that the council
of a municipality may pass by-laws permitting the operation of off-road vehicles on
any highway within the municipality that is under the jurisdiction of the municipality
and subsection 191.8 (4) provides that such a by-law may permit the operation of
off-road vehicles on any highway or on any part or parts of a highway only during
specified months or hours; and
WHEREAS subsection 216 of the Highway Traffic Act provides that a police officer,
in the lawful execution of his or her duties and responsibilities, may require the
driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled
or requested to stop by a police officer who is readily identifiable as such, shall
immediately come to a safe stop; and
WHEREAS on March 21, 2016, the Council of The Corporation of the City of Owen
Sound (the "City") passed Resolution No. R-160321-018 to permit ATVs (or Off-
Road Vehicles) on all City Streets except specific streets subject to several
conditions and on May 16, 2016 City Council passed Resolution No. R-160516-012
to pass the subject by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Short Title, Purpose and Scope
Short Title
1.
This by-law shall be known as the "Off-Road Vehicles By-law".
Purpose
2.
This by-law has been enacted to permit the use of Off-Road Vehicles on City
Roadways and to regulate the operation of Off-Road Vehicles to:
a.
support public health, safety and well-being; and
b.
protect public assets of the municipality.
Scope
3.
This by-law shall apply to the operation of all Off-Road Vehicles on Roadways
under the jurisdiction of the City.
4.
This by-law shall not apply to Roadways under the jurisdiction of the County.
Part II. Interpretation
Headings
5.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and shall not affect interpretation of the by-law.
Page 2
By-law No. 2016-087
References to Applicable Law
6.
All references to applicable law are ambulatory and apply as amended from
time to time.
Definitions
7.
For the purposes of this by-law:
"City" means The Corporation of the City of Owen Sound and a reference to
the City is a reference to the geographical area of the City of Owen Sound or
to The Corporation of the City of Owen Sound as the context requires;
"County" means The Corporation of the County of Grey and a reference to
the County is a reference to the geographical area of the County of Grey or
to The Corporation of the County of Grey as the context requires;
"Highway" includes a common and public highway, street, avenue, parkway,
lane, 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;
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c H.8;
"Local Board" means any local board of a municipality and includes a school
board and a conservation authority;
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c 25;
"Off-Road Vehicle" means an off-road vehicle within the meaning of the Off-
Road Vehicles Act, R.S.O. 1990, c. O.4;
"Police Officer" means a police officer as defined in the Police Services Act,
R.S.O. 1990, c P.15;
"Provincial Offences Act" means the Provincial Offences Act, R.S.O. 1990, c
P.33;
"Roadway" means the part of the Highway that is improved, designed or
ordinarily used for vehicular traffic, but does not include the shoulder, and,
where a Highway includes two or more separate roadways, the term
"roadway" refers to any one roadway separately and not to all of the
roadways collectively; and
"Sunset" and "Sunrise" mean the times calculated by the National Research
Council of Canada as "Sunset" and "Sunrise."
Part III. Off-Road Vehicles
Limited and Conditional Permission
8.
Off-Road Vehicles are permitted on Roadways under the jurisdiction of the
City, subject to sections 9 and 10 of this by-law.
Restrictions and Operating Requirements
9.
No person shall operate an Off-Road Vehicle:
a.
on a prohibited Roadway as set out in Schedule 'A' to this by-law;
b.
on any City property which is a park, sports field, playground, trail,
cemetery, sidewalk or boulevard, save and except:
i.
a designated parking lot in accordance with parking regulations;
and
ii.
the Georgian Bay Trail from the City limits to 3rd Avenue West;
c.
on any property of the City, County or a Local Board without the
consent of the City, County or the Local Board; or
d.
in such a way which causes or is likely to cause the destruction or
reckless endangerment of any person or property.
Page 3
By-law No. 2016-087
10.
No person shall operate an Off-Road Vehicle on a City Roadway:
Amended by By-law No. 2018-034
a.
between a half hour after Sunset and a half hour before Sunrise;
b.
between November 30 to March 31 of any year;
c.
in excess of the speed limit set out in section 22 of Ontario Regulation
316/03 made under the Highway Traffic Act; and
d.
contrary to any safety, equipment or operating requirement set out in
Ontario Regulation 316/03 made under the Highway Traffic Act.
Part IV. Enforcement and Penalty
Enforcement
11.
Any Police Officer and any By-law Enforcement Officer appointed by the City
may enforce the provisions of this by-law.
Penalty
12.
Any person, organization or business who contravenes the provisions of this
by-law is guilty of an offence and, upon conviction, is subject to the penalty
set out in the Provincial Offences Act.
Part V. Conflict and Transition
Review
13.
This by-law shall be reviewed no later than January 31, 2017.
Conflict
14.
In the event the provisions of this by-law are inconsistent with the provisions
of the Municipal Act, the Highway Traffic Act or any other Act and the
Regulations thereunder, the provisions of the Act or Regulation shall prevail.
Terms Severable
15.
The terms and provisions of this by-law shall be severable and should any
term or provision be found by a court of competent jurisdiction to be legally
unenforceable, in operative or invalid, the remainder of the by-law shall
continue to be in full force and effect.
By-law No. 1992-014
16.
By-law No. 1992-014, being "A By-law to Regulate and Control the
Management of all Existing Parks Belonging to The Corporation of the City of
Owen Sound" is amended by adding the following subsections:
"1.7.1 "Off-Road Vehicle" means an off-road vehicle within the meaning of
the Off-Road Vehicles Act, R.S.O. 1990, c. O.4."
"3.14
Drive or operate any Off-Road Vehicle in any park or in any area of
any park, save and except the Georgian Bay Trail from the City limits
to 3rd Avenue West as set out in Schedule 'C', attached to this by-
law."
17.
By-law No. 1992-014 is amended by adding Schedule 'C' as set out in
Schedule 'B' attached to this by-law.
Enactment
18.
This by-law shall come into full force and effect on the day it is passed.
FINALLY PASSED AND ENACTED this 13th day of June, 2016.
Signature on file
Mayor Ian C. Boddy
Signature on file
Carolyn P. Stobo, Deputy Clerk
Page 4
By-law No. 2016-087
Schedule A - Roadways where Off-Road Vehicles Prohibited
1.
Off-Road Vehicles are prohibited on the Roadways or sections of Roadways
set out in Column A from the area set out in Column B to the area set out in
Column C in the table below:
Column A - Roadway
Column B - From
Column C - To
1.
1st Street East
2nd Avenue East
The entrance to
Harrison Park
2.
9th Street East
1st Avenue West
3rd Avenue East
3.
10th Street West
Westerly City limit
9th Avenue East
4.
16th Street East
9th Avenue East
Easterly City limit
5.
1st Avenue West
8th Street West
10th Street West
6.
1st Avenue East
8th Street East
10th Street East
7.
2nd Avenue East
8th Street East
10th Street East
8.
9th Avenue East
Southerly City limit
16th Street East
9.
Moores Hill
4th Avenue West
The intersection with
2nd Avenue West
Page 5
By-law No. 2016-087
Schedule B - Schedule 'C' to By-law No. 1992-014 - Georgian
Bay Trail