By-law 66-07 - All Terrain Vehicle (ATV) Regulation By-law
South Glengarry, Ontario
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CH-F-07
THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY
BY-LAW 66-07
FOR THE YEAR 2007
BEING A BY-LAW TO REGULATE THE USE OF ALL TERRAIN VEHICLES
WITHIN THE CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
WHEREAS the Highway Traffic Act, Chapter 8, R.S.O. 1990, Section 3 as
amended, and Ontario Regulation 316/03 authorizes Municipalities to pass by-
laws permitting ATVs to be operated on highways or part of highways within the
Municipality and during specified months and hours as set out;
AND WHEREAS it is deemed in the best interest to regulate, govern, and limit the
operation of ATVs within the Municipality;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
SOUTH GLENGARRY ENACTS AS FOLLOWS:
Section 1: Definitions
In this By-law:
1.1
"All Terrain Vehicles (ATVs)" means an off road vehicle that:
a)
has four (4) wheels, the tires of all of which are in contact with the
ground;
b)
has steering handlebars;
c)
has a seat that is designed to be straddled by the driver;
d)
is designed to carry a driver only and no passengers; and
e)
does not include Argos, dune buggies, etc.
Page Two
By-law 66-07
1.2
"Highway" includes 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.
1.3
"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 all of the roadways
collectively.
2.
THAT all the provisions of Ontario Regulation 316-03 "Operation of Off
Road Vehicles on Highways" shall apply to this by-law.
3.
THAT the operation of those Off Road Vehicles described as "All Terrain
Vehicles" shall be permitted on those Township roads or portions thereof
listed in Schedule "A".
4.
THAT the operation of ATV units shall be permitted only during the months
and hours specified in Schedule "A".
5.
THAT the operation of ATV units shall be further restricted subject to the
special conditions as set out in Schedule "B".
6.
THAT any person who contravenes any section of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided in the Provincial
Offences Act.
7.
THAT this by-law is to be reviewed annually.
8.
THAT this by-law shall have full force and effect from the date of its
passing.
READ A FIRST, SECOND AND THIRD TIME, PASSED, SIGNED AND SEALED
IN OPEN COUNCIL THIS 10TH DAY OF DECEMBER 2007.
MAYOR: CLERK:
SCHEDULE "A" TO BY-LAW 66-07
All Terrain Vehicles may use Township owned Highways
(excluding green roads and unopened road allowances)
during the following daily time period:
6:00 a.m. to 1:00 a.m.
SCHEDULE "B" TO BY-LAW 66-07
It is the Township's policy to permit Off Road Vehicles (All Terrain Vehicles) use
of specific Township of South Glengarry roads when the following conditions are
met:
1.
Given that the Glendaler's Winter Sports Club has formally requested
permission to utilize certain roads and the Township has agreed to those
as set out in Schedule "A" appended to this by-law the Club shall name
the Township as co-insured on their liability insurance policy having a
minimum limit of $2,000,000.