By-Law 3668-2015 to Regulate the Operation of All-Terrain Vehicles, Multi-Purpose Off-Highway Utility Vehicles and Recreational Off-Highway Vehicles — full text

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Ref: Motion CW-358-2015 and Motion CW-386-2015 CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO. 3668-2015 BEING A BY-LAW TO REGULATE THE OPERATION OF ALL-TERRAIN VEHICLES, MULTI- PUPOSE OFF-HIGHWAY UTILITY VEHICLES AND RECREATIONAL OFF-HIGHWAY VEHICLES ON MUNICIPAL HIGHWAYS, PARKS AND TRAILS WITHIN THE COUNTY OF PRINCE EDWARD WHEREAS Section 191.8 (3) of the Highway Traffic Act, R.S.O. 1990, as amended, provides that a municipality may pass By-laws permitting and regulating the operation of off road vehicles including All Terrain Vehicles, as defined in Ontario Regulation 316/03, as amended, on highways under the jurisdiction of the municipality; AND WHEREAS Section 10 of the Municipal Act, S.O. 2001, c.25 as amended, provides that a single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public. NOW THEREFORE the Council for the Corporation of the County of Prince Edward enacts as follows: 1. Definitions 1.1 "All-Terrain Vehicle" shall have the same meaning as defined in the Highway Traffic Act, R.S.O. 1990, Ontario Regulation 316/03, as amended from time to time. 1.2 "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 vehicles including the area between the lateral property lines thereof, and under the ownership or control of the Corporation of the County of Prince Edward. 1.3 "Multi-Purpose off-highway utility vehicle" shall have the same meaning as defined in the Highway Traffic Act, R.S.O. 1990, Ontario Regulation 316/03, as amended from time to time. 1.4 "Off-Road Vehicle" shall have the same meaning as defined in the Highway Traffic Act, R. S. O. 1990, Ontario Regulation 316/03, as amended from time to time. 1.5 "Park" means and includes all public open space or recreation area intended for public active or passive recreational purposes, including but not limited to pedestrian walkways, pathways, recreational trails, waterfront lands, gardens, golf courses, marinas, skate Park and cemeteries owned or controlled by the Corporation of the County of Prince Edward including any buildings or structures thereon. 1.6 "Recreational Off-Highway Vehicle" shall have the same meaning as defined in the Highway Traffic Act, R.S.o. 1990, Ontario Regulation 316/03, as amended from time to time. 1 2. General Ref: Motion CW-358-2015 and Motion CW-386-2015 2.1 Operation of all-terrain vehicles, multi-purpose off-highway utility vehicles, off road vehicles or recreational off-highway vehicles shall be permitted on all highways under the jurisdiction of the County of Prince Edward, with the exception of those listed on Schedule 'A' attached hereto, and further identified on the map attached hereto as Schedule 'B' to the By-law. 2.2 No person shall operate an all-terrain vehicle, multi-purpose off-highway utility vehicles, off road vehicles or recreational off-highway vehicle on those parts of a highway or for such times as are stipulated in Schedule 'A' attached hereto. 2.3 No person shall operate an all-terrain vehicle, multi-purpose off-highway utility vehicles, off road vehicles or recreational off-highway vehicle at a rate of speed greater than: a) 20 kms 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 kms per hour; b) 50 kms 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 kms per hour; c) the posted speed limit for the park. 2.4 No person shall operate or permit the operation of an all-terrain vehicle, multi-purpose off-highway utility vehicle, off road vehicle or recreational off-highway vehicle on highways under municipal jurisdiction during the period one-half hour before sunset to one-half hour after sunrise. 2.5 No person shall operate an all-terrain vehicle, multi-purpose off-highway utility vehicle, off road vehicle or recreational off-highway vehicle on highways under municipal jurisdiction except in accordance with the conditions of this By-law in accordance with Ontario Regulation 316103 of the Highway Traffic Act, and in accordance with the Off Road Vehicles Act, as amended. 2.6 No person shall operate or permit the operation of an all-terrain vehicle, multi-purpose off-highway utility vehicle, off road vehicle or recreational off-highway vehicle within a municipal park as defined under Section 1.5 with the exception of those parks listed on Schedule 'C' attached hereto. a) Not withstanding clause 2.6, that portion of the park used for the purpose of launching a boat at the public boat launch is exempt. 3. Penalties 3.1 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, c.P-33, as amended. 2 Ref: Motion CW-358-2015 and Motion CW-386-2015 4. Schedules 4.1 Schedules "A", "B" and 'C' shall be deemed to be a part of this By-law to the same extent and effect as if incorporated herein. 5. Validity/Severability 5.1 In the event any Court of component 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. 6. Effective Date 6.1 This By-law shall come into force and take effect immediately upon the passing thereof by the Council for the Corporation of the County of Prince Edward. 7. Rescind Previous By-law 7.1 That By-law 2191-2008 is hereby rescinded. Read a first, second and third time and finally passed this 10 day of November, 2015. Kim hite, CLERK Robert L Quaiff, MAVOR 3 Ref: Motion CW-358-2015 and Motion CW-386-2015 Schedule "A" to By-law No. 3668- 2015 All-terrain vehicles, multi-purpose off-highway utility vehicles, off road vehicles or recreational off-highway vehicles as defined, shall not be operated on the following municipal highways: A) Year Round Restriction a.1 Picton Main Street- Cold Storage Road to Spencer Street a.2 Bloomfield Main Street- within village limits a.3 Wellington Street (Bloomfield) - Bloomfield Main Street to village limits a.4 Wellington Main Street - Belleville Street to Consecon Street a.5 County Road 3 a.6 Talbot Street - Picton Main Street to the town limits (Millennium Trail) a.7 Johnson Street - Picton Main Street to town limits (Millennium Trail) a.8 Union Street - Bridge Street to Church Street a.9 County Road 10 - town limits to County Rd 11 a.10 Lake Street - Picton Main Street to town limits B) Seasonal Restriction - May 1 to October 1 any year b.1 Loyalist Parkway - from County Road 64 Carrying Place to Wellington West Boundary b.2 Wellington Main Street - from Wellington boundary easterly to Consecon Street b.3 Wellington Main Street - from Belleville Street easterly to Wellington boundary b.4 Loyalist Parkway - Wellington east boundary to Bloomfield west boundary/Wellington Street b.5 County Road 1 - from Loyalist Parkway (Consecon) to Loyalist Parkway (Picton) b.6 County Road 11 b.7 County Road 12 b.8 County Road 18 - from Salmon Point Road to County Road 12 at West lake b.9 Picton Main Street - Spencer Street to town limits (Millennium Trail) b.10 County Road 49 - Picton town limits to County Road 15 4 ~ Year Round Restriction Seasonal Restriction (May 1 to October 1) ~ ~~~~~~~i~f ~~~~;~~;t?~~af~r tl~~o~~~~~) 'iiH .\:5] ".</,,~\§j]//"·~Y~:: r:;:;?-" .\!!.J /" Major Roads Local Roads 8 Schedule "8" to By-law No. 3668- 2015 .n'" <> i"."''<-O'?' :o~-\ IJjJ LAKE ONTARIO w+, s Scale = 1 :155,000 o 2.5 5 o 1.25 Kilometers 2,5 Miles TheCounty rnIllCfWWMiPcouun·O,jTMlIO 5 Produced by the Corporation ofthe County of Prince Edward (PEC) Information Technology/GIS Department. PEe makes no warranty, representation or guaranty <1510 the content, sequence, accurncy, or completeness of any of the data provided on thin map. Indudes malerial © 2015 oflhe Queen's Printer for Ontario. All rights reserved. Date Published: 11/612015. Projection and Coordinate System: Universal Transverse Mercator UTM Zane laN, Dalum: North American Datum 1983 Ref: Motion CW-358-2015 and Motion CW-386-20 15 Schedule "e" to By-law No. 3668-2015 All-terrain vehicles, multi-purpose off-highway utility vehicles, off road vehicles and recreational off-highway vehicles as defined, are permitted to be operated within the following Municipal Parks and on Municipal Trail: Parks Roblin Lake Park - except where prohibited by signage Trails Millennium Trail 5