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BY-LAW NUMBER 135-2020
OF
THE CORPORATION OF THE CITY OF STRATFORD
BEING a By-law to permit and control the operation of Off
Road Vehicles on certain highways and streets and
property under the jurisdiction of The Corporation of the
City of Stratford and to repeal By-law 65-2012, as
amended.
WHEREAS Section 8.(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that the powers of a municipality under this or any other Act, shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality's ability to
respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act, 2001, provides that a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS Section 10.(1) of the Municipal Act 2001 provides that a single-tier
municipality may provide any service or thing that the municipality considers necessary
or desirable for the public;
AND WHEREAS section 191.8 of the Highway Traffic Act, R.S.O. 1990, Chapter.H.8 as
amended, authorizes the Council of a municipality to pass by-laws:
(a)
prohibiting, permitting and regulating the operation of off-road vehicles on
any highway within the municipality that is under the jurisdiction of the
municipality, or on any parts of such highway,
(b)
prescribing a lower rate of speed for all-terrain vehicles on any highway
within the municipality that is under its jurisdiction, or any part or parts of
such highway including different rates of speed for different highways or
parts of highways;
AND WHEREAS Ontario Regulation 316/03: Operation of Off-Road Vehicles on
Highways, as amended, passed under the Highway Traffic Act regulates the operation
and requirements of off-road vehicles and states that every highway or part of highway
in a municipality on which an off road vehicle is permitted to operate under the authority
of a by-law made by the municipality under subsection 191.8 of the Act, but only during
the months or hours specified in the By-law if the by-law limits the operation of off road
vehicles on a highway or part of a highway within the municipality to certain months or
hours;
AND WHEREAS Council of The Corporation of the City of Stratford deems it necessary
in the public interest to permit the operation of off-road vehicles on certain streets,
recreation trails and municipal property in Stratford during certain hours specified herein;
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NOW THEREFORE BE IT ENACTED by Council of The Corporation of the City of
Stratford as follows:
1.0
DEFINITIONS
"Multi-purpose off-highway utility vehicle" means an off-road vehicle that,
1.1
"Off Road Vehicle" means:
(a) has four or more wheels, the tires of which are all in contact with the ground,
(b) has a steering wheel for steering control,
(c) has seats that are not designed to be straddled, and
(d) has a minimum cargo capacity of 159 kilograms.
"Recreational off-highway vehicle" means an off-road vehicle that,
(a) has four or more wheels, the tires of which are all in contact with the ground,
(b) has a steering wheel for steering control,
(c) has seats that are not designed to be straddled, and
(d) has an engine displacement equal to or less than 1,000 cubic centimetres.
"All-Terrain Vehicle" 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, and
d)
Is designed to carry,
(i) a driver only and no passengers, or
(ii) a driver and only one passenger , if the vehicle,
(A) has one passenger seat that is designed to be straddled
by the passenger while sitting facing forward behind the
driver, and
(B) is equipped with foot rests for the passenger that are
separate from the foot rests for the driver.
1.2
"Boulevard" means that part of the highway situated between the curb line and
the property line of the lot abutting the highway, but does not include a sidewalk
or shoulder;
1.3
"By-law Enforcement Officer" means a police officer of Stratford Police
Services, commissionaire, assistant or any other officer, peace officer or civilian
person engaged by Stratford Police Services and/or appointed by The Corporation
of the City of Stratford to enforce or carry out the provisions of this by-law or any
part or parts thereof;
1.4
"City" means The Corporation of the City of Stratford;
1.5
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, 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 line thereof;
1.6
"Recreation Trail" means property of the City that is operated as and maintained
as a recreation trail for pedestrians, but does not include a sidewalk or boulevard;
1.7
"Sidewalk" means that portion of a highway between the curb line and the
property line of the lot abutting the highway improved for the use of pedestrians.
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2.0
REGULATIONS
2.1
An off road vehicle shall not be operated on highways or recreation trails unless it
meets the requirements of, and is operated in accordance with, Ontario Regulation
316/03 of the Highway Traffic Act, the Operation of Off-Road Vehicles on
Highways, as may be amended and/or replaced from time to time.
2.2
As set out in Schedule "A" to this By-law, Off Road Vehicles shall be permitted
upon the highways and recreation trails and municipal property under the
jurisdiction of The Corporation of the City of Stratford accordance with Ontario
Regulation 316/03 of the Highway Traffic Act, the Operation of Off-Road Vehicles
on Highways, as may be amended and/or replaced from time to time and in
accordance with the provisions of this By-law, as may be amended and/or replaced
from time to time
2.3
Notwithstanding section 2.2 of this By-law, Off Road Vehicles shall not be
permitted on sidewalks under the jurisdiction of The Corporation of the City of
Stratford. City vehicles and contractors working on behalf of the City are exempted
from this provision.
2.4
The exemptions as set out in Part IV Exemptions of Ontario Regulation 316/03 of
the Highway Traffic Act, the Operation of Off-Road Vehicles on Highways as
amended and/or replaced from time to time, regarding the operation of Off-Road
Vehicles on highway shall apply to the regulation of off-road vehicles as set out in
this By-law.
2.5
An Off Road Vehicles shall not be driven at a rate of speed greater than:
2.5.1 20 kilometres 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 kilometres per hour, or
2.5.2 50 kilometres per hour if the speed limit established under the Highway
Traffic Act or by Municipal By-law is greater than 50 kilometres per hour, or
2.5.3 20 kilometres per hour for any recreation trails and municipally operated
property under the jurisdiction of The Corporation of the City of Stratford.
2.6
An Off Road Vehicle shall not be operated on any highways, recreation trails or
municipal property between the hours of 10:00 pm of one day to 7:00 am of the
next day.
3.0 GRANT OF EXEMPTION BY COUNCIL:
(1) Application to Council:
Notwithstanding anything contained in this by-law, any person may makes an
application to Council to be granted an exemption from any of the provisions of this
by-law for which a person might be prosecuted and Council, by resolution, may
refuse to grant any exemption or may grant the exemption applied for or any
exemption of lesser effect and any exemption granted shall specify the time period,
not in excess of six months during which it is effective and may contain such terms
and conditions as Council sees fit.
(2) Decision:
In deciding whether to grant the exemption, Council shall give the applicant and any
person opposed to the application an opportunity to be heard and may consider
such other matters as it sees fit.
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(3) Breach:
Breach by the applicant of any of the terms or conditions of any exemption granted
by Council shall render the exemption null and void.
(4) Subject to Delegation of Authority By-law 135-2017 as amended from time to time,
and notwithstanding anything contained in this By-law, the Director of Community
Services or the Director of Infrastructure and Development Services, in writing, may
grant or may refuse an exemption as part of a special event, under the following
terms and conditions:
a)
the complete special event application including a request for an exemption
and all necessary documents have been received by Community Services at
least 12 weeks prior to the special event;
b)
that all requirements for notice related to the exemption as required by The
Corporation of the City of Stratford have been met;
c)
that the decision of the Director of Community Services or the Director of
Infrastructure and Development Services to grant or to refuse an application
for an exemption may be appealed to City Council within 20 calendar days of
receipt of the decision in writing from the Director and that the organization or
person appealing the decision must provide written reasons for the appeal.
4.0
PENALTIES
4.1.
Every person who contravenes a provision of this By-law is guilty of an offence
and liable on conviction to a fine as provided for in the Provincial Offences Act,
R.S.O. 1990, c.P.33.
5.0
INTERPRETATION
5.1.
In this By-law, unless the context otherwise requires words importing the singular
number shall include the plural.
5.2.
If a Court of competent jurisdiction declares any section or part of a section of this
By-law invalid, it is the intention of Council that the remainder of the By-law shall
continue to be in force.
6.0
REPEAL
6.1
That By-law 65-2012 and all amendments thereto are hereby repealed upon this
By-law coming into force and effect.
7.0
TITLE
7.1.
This By-law may be referred to as the "Off Road Vehicle By-law" of The
Corporation of the City of Stratford.
8.0
EFFECTIVE
8.1
This by-law shall come into force and take effect upon the final passage thereof.
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Read a FIRST, SECOND and THIRD time and
FINALLY PASSED this 26th day of October, 2020.
"Daniel B. Mathieson"
Mayor - Daniel B. Mathieson
"Tatiana Dafoe"
Clerk - Tatiana Dafoe
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THIS IS SCHEDULE "A" TO BY-LAW 135-2020
passed this 26th day of October, 2020
The following are exempt from By-law number 135-2020
1. By-law Enforcement employees for The Corporation of the City of Stratford.
2. All Stratford Police Services Officers while performing his or her duties.
3. All Stratford Fire Department personnel while performing his or her duties.
4. All Medical Rescue personnel while performing his or her duties.
5. All employees of The Corporation of the City of Stratford while performing his or
her duties.
6. Any person operating an Off-Road Vehicle for the purpose of rendering
assistance during a declared emergency within the Municipality.
7. Contractors employed by the City while completing work for the City of Stratford.
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