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## BY-LAW NO. 6753
OF
## THE CORPORATION OF THE COUNTY OF SIMCOE
A By-law to govern the use of lands known as Simcoe County Forests.
Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a Municipality may pass by-laws respecting matters within the sphere of jurisdiction of culture, parks, recreation and heritage; and
Whereas by the adoption of Recommendation CCW-198-18, Council deems it desirable to prepare rules and regulations for governing the use of lands designated by the County as County Forest.
Now therefore the Council of the Corporation of the County of Simcoe hereby enacts as follows:
## Part 1 - DEFINITIONS
- 1.1 in this by-law;
- "All-Terrain Vehicle" is as defined in the Highway Traffic Act.
- "Authorized Parking Area" means an area of a County Forest designated, set aside for or established, for the parking of a vehicle, which may have posted regulations with respect to the use of the area.
- "Biking" is cycling on a mountain bike, bike, unicycle or tricycle which may include electrically assisted power.
- "County" means The Corporation of the County of Simcoe.
- "County Forest" means land owned by the County and designated by the County as a Simcoe County Forest.
- "Control" includes care and custody.
- "Council" means the Council of The Corporation of the County of Simcoe.
- "Designated Trail" means that part of a County Forest that has been marked, posted or blazed for the purpose of a trail by the County or as authorized by the County through a Use Agreement.
- "Liquor" is as defined in the Liquor License Act.
"Motorized Snow Vehicle" is as defined in the Motorized Snow Vehicles Act.
"Motor Vehicle" is as defined in the Highway Traffic Act.
"OFAH" means the Ontario Federation of Anglers and Hunters.
"OFATV" means Ontario Federation of All Terrain Vehicle Clubs.
"OFTR" means Ontario Federation of Trail Riders.
"OFSC" means the Ontario Federation of Snowmobile Clubs.
"Officer" means a Police Officer, a Municipal Law Enforcement Officer, or other person appointed by the County to enforce this By-law.
"Off-Road Vehicle" is as defined in the Highway Traffic Act.
"Organized Event" includes any event that takes place in a County Forest where person(s) are charged an entry fee or the event is advertised, but does not include organized hikes or nature walks.
"Refuse" includes but is not limited to paper wrappers, food containers, discarded food, disposable eating utensils, newspapers, drink containers of all kinds, disposable diapers, broken glass, grass clippings and inert fill of any kind.
"Run at Large" means being at any place other than the premises of the owner of the dog and not under the control of the owner.
"Under the Control of" means when a dog is unleashed, that the dog is close to the owner, within sight and earshot of its owner, and that it responds to voice commands and it is prevented from approaching within one (1) meter of any animal or person without such person's consent.
"Use Agreement" means an agreement with the County and a person, user group or organization outlining all requirements for use of a County Forest.
## Part 2 - BY-LAW APPLICATION AND ADMINISTRATION
## By-law Applicability
- This by-law applies to all County Forests and any premises located therein which are under the control and management of the County, together with the boulevards, and approaches thereto and connecting the same.
## Emergency - Maintenance Vehicles - Exemption
- 2.2 Notwithstanding any provision of this by-law, vehicles operated on behalf of
## By-law Administration
- 2.3 This by-law shall be administered by the County Forestry Department.
## Part 3 - GENERAL PROHIBITED ACTIVITIES
## ACTIVITIES - PROHIBITED
- 3.1 No person shall in a County Forest:
- (1) operate a motor vehicle;
- (3) have open fires;
- (2) litter, dump or dispose of any foreign material or refuse;
- (4) camp;
- (6) conduct target practice or paintball;
- (5) consume or possess liquor;
- (7) cut, prune, dig or gather trees, shrubs, groundcover or firewood;
- (9) allow a dog to run at large;
- (8) construct unauthorized structures;
- (10) allow a dog off-leash on the lands designated and as set out in Schedule B to this By-law;
- (12) damage any access road or Designated Trail;
- (11) remove, alter, deface or destroy any County sign, gate, or fence;
- (13) install an unauthorized sign of any kind;
- (15) construct an unauthorized trail;
- (14) interfere or disrupt logging operations;
- (16) hunt on the lands designated and as set out in Schedule A to this Bylaw;
- (18) construct tree stands, shelters or permanent structures with use of
- (17) hunt without valid OFAH membership;
- 3.2 No person shall operate a motor vehicle, off-road vehicle, or motorized snow vehicle in a County Forest except in accordance with the provisions of this bylaw or unless such use is authorized.
- 3.3 No person shall disobey a posted sign within a County Forest.
## Part 4 - ACTIVITIES APPROVED
- 4.1 For greater clarity the following activities are permitted:
- (1) walking, hiking;
- (3) orienteering, geocaching;
- (2) cross county skiing, snowshoeing;
- (4) nature appreciation, nature study;
- (6) horseback riding;
- (5) dog sledding;
- (7) dog walking under the control of or on a leash;
- (9) snowmobiling on OFSC designated trails provided a valid permit has been obtained;
- (8) biking;
- operating off-road vehicles which includes All-Terrain vehicles and motorcycles on OFATV or OFTR designated trails provided a valid permit has been obtained;
- trapping provided authorization has been obtained from the County;
- hunting and fishing in select forests as per provincial and federal hunting and fishing regulations. Hunters are required to be members of OFAH. Hunters are only permitted to use portable and temporary tree stands and ladders between September 15th and January 15th;
- harvesting non-wood forest products such as tree seed/cones, mushrooms for personal use;
- those approved through the execution of a Use Agreement.
## Part 5 - FIRST NATIONS AND METIS
- This by-law does not limit or supersede any recognized constitutional rights of indigenous peoples to hunt, fish or trap within the County Forest.
## Part 6 - USE AGREEMENTS
- No person shall conduct an organized event in a County Forest without an executed Use Agreement.
- An organization who wishes to use a County Forest for the purpose of establishing a designated trail or for such other purpose as deemed appropriate by the County is required to enter into a Use Agreement.
- 6.3 Every person or organization entering into a Use Agreement shall pay a fee as established in the Use Agreement.
- 6.4 No person who has entered into a Use Agreement with the County shall contravene any of the terms or conditions of the Use Agreement.
## Part 7 - ENFORCEMENT AND PENALTY
- 7.1 Where any person contravenes any provisions of this by-law, such person is subject to the provisions of the Trespass to Property Act.
- 7.2 An Officer may enforce the provisions of this by-law.
- 7.3 Where any person contravenes any of the provisions of this by-law, the permission of such person to remain on County Forest lands is revoked.
- 7.4 An officer may order a person believed to be in contravention of this by-law
- every Presence rention of the by as and or
- 7.5 Any person who is alleged to have contravened any section of this by-law shall identify themselves to the Officer upon request, failure to do so shall be deemed to have hindered or obstructed the Officer in the execution of their duties.
- 7.6 Any person who provides false information to an Officer shall be deemed to have hindered or obstructed the Officer in the execution of their duties.
- 7.7 No person shall hinder or obstruct an Officer in the enforcement of this bylaw.
- 7.8 Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to the maximum fine as provided for in the Provincial Offences Act, and every fine is recoverable under the Provincial Offences Act.
- The court in which the conviction has been entered and any other court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed by the court on the person convicted.
## Part 8 - APPLICABLE LAW
- Every person who uses a County Forest is subject to all applicable Municipal by-laws and all Provincial and Federal laws and regulations and any person violating any by-law or law may be required to leave the County Forest.
- 8.2 The County may use set fines for certain offences in this By-law and the procedures of the Provincial Offences Act shall apply.
## Part 9 - MISCELLANEOUS
Short Title
- 9.1 This by-law may be referred to as The County Forest Recreation By-Law. Validity
- It is declared that notwithstanding that any Part or Parts of this by-law, or sections thereof, may be found by any court of law to be bad or illegal or beyond the power of the Council to enact, such Part or Parts or sections thereof shall be deemed to be severable and that all other Parts or sections of this by-law are separate and independent therefore and enacted as such.
## Repeal
- 9.3 That By-law No. 5569 is hereby repealed.
- 9.4 That this By-law shall come into force and take effect immediately upon the approval of Council Council.
By-law enacted this 26'h day of June, 2018.
Hell
Warden, County of Simcoe
county clark, @unily of simeo
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## TO COUNTY FOREST RECREATION BY-LAW NO. 6753
## Hunting is prohibited within the County Forest Tracts listed below:
6497
6497
MUNICIPALITY
TRACT
LOCATION
Barrie
Dyer
CON 12 PT LOT 1
Blauxham
CON 10 N PT LOT 5 (old Innisfil)
Essa
Innistil
Springwater
Rippon
CON 3 W PT LOT 32
Webb
CON 12 N PT LOT 26
Museum
CON 5 PT LOTS 12 & 13; CON 6 PT LOTS 12 & 13; RP 51A28669 PARTS 1, 2 & 3; RP 51R30321 PART 3 CON 4 E PT LOT 12
Penetanguishene
Tiny
Midhurst
Hickling
Thompson
Thompson
Charlebois
CON 5 W PT LOTS 14 & 15
CON 1 LOT 114
CON 2 OS LOT 114
CON 2 OS LOT 112 LOT 114; CON 2 OS PT LOT 113 RP;51R1305 PARTS 1 2 & 6; CON 2 OS PT LOT 113 PL 51R;1305 PARTS 3 5 CON 1 OS PT LOTS 111 TO 113;51A21219 PART 1
Midland
New Tecumseth
Martin's Valley
Tottenham
CON 1 N PT LOT 6; CON 1 S PT LOT 6
Page 1
## TO COUNTY FOREST RECREATION BY-LAW NO. 6753
Dogs are permitted on-leash only within the County Forest Tracts listed below:
MUNICIPALITY
TRACT
LOCATION
Springwater
Museum
CON 5 PT LOTS 12 & 13; CON 6 PT LOTS 12 & 13; RP 51 R28669 PARTS 1, 2 & 3; RP 51R30321 PART 3