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The Corporation of the City of Temiskaming Shores
Office Consolidated
Operation of Off-Road Vehicles
within the City of Temiskaming
Shores
By-law No. 2009-023
Being a by-law to regulate and control the operation of
off-road vehicles within the City of Temiskaming Shores
By-laws amending original Municipal By-law No. 2009-023:
By-law No. 2015-232
December 15, 2015
Note:
This office consolidation has been prepared to assist the reader in understanding
the amendments to By-law No. 2009-023.
The Corporation of the City of Temiskaming Shores
By-law No. 2009-023
Being a by-law to regulate and control the
operation of Off-Road Vehicles within the City of
Temiskaming Shores
Whereas the Council of the Corporation of the City of Temiskaming Shores
deems it necessary and expedient to pass a By-law to regulate off road vehicles
within the City of Temiskaming Shores;
and whereas under Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, the powers of a municipality shall be interpreted broadly to enable it to
govern its affairs as it considers appropriate and to enhance the municipality's
ability to respond to municipal issues;
And whereas under Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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 under Section 10 (1) of the Municipal Act, 2001, S.O. 2001, c. 25,
as amended, a single-tier municipality may provide any service or thing that the
municipality considers necessary or desirable for the public;
And whereas Section 27 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws with respect to
highways over which it has jurisdiction;
And whereas Section 425(1) of the Municipal Act, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws providing that a person
who contravenes a by-law of the municipality passed under the Act is guilty of an
offence;
And whereas Section 429(1) of the Municipal Act, S.O. 2001, c. 25, as
amended, provides that a municipality may establish a system of fines for
offences under a by-law of the municipality passed under the Act;
And whereas Section 191.8(3)(a) of the Highway Traffic Act, R.S.O. 1990, c.
H.8, as amended, provides that a municipality may pass by-laws, permitting the
operation of off-road vehicles on any highway within municipality or on any part
or parts of such highways;
And whereas Section 191.8(3)(b) of the Highway Traffic Act, R.S.O. 1990, c.
H.8, as amended, provides that a municipality may pass by-laws, prescribing a
lower rate of speed for off-road vehicles than that prescribed for off-road vehicles
by regulation on any highway within municipality or on any part or parts of such
highways;
Now therefore the Council of the Corporation of the City of Temiskaming Shores
hereby enacts as follows:
1. That Council adopts a by-law to regulate and control the operation of off-
road vehicles within the City identified as Schedule "A", attached hereto and
forming part of this by-law;
2. That By-law No. 2005-030 being a by-law to regulate, govern and control
off-road vehicles within the City of Temiskaming Shores is hereby repealed.
3. That the Clerk of the City of Temiskaming Shores is hereby authorized to
make minor modifications or corrections of a grammatical or typographical
nature to the By-law and schedule, after the passage of this By-law, where
such modifications or corrections do not alter the intent of the By-law.
4. That this by-law shall come into force and take effect on the date of its final
passing.
Read a first and second time this 24th day of March, 2009.
_________________________
Mayor
_________________________
Clerk
Read a third time and finally passed this 21st day of April, 2009.
_________________________
Mayor
_________________________
Clerk
City of Temiskaming Shores
Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
4
Index
Part 1 - General provisions
Section
Page
1.1
Short Title
5
1.2
Scope
5
1.3
Enforcement
5
1.4
Conflicts with other By-law
5
Part 2 - Definitions
Section
Page
2.1
All-Terrain Vehicle
5
2.2
By-law Enforcement Officer
5
2.3
City
5
2.4
City Property
6
2.5
Council
6
2.6
Highway
6
2.7
Highway Traffic Act
6
2.8
Low Pressure Bearing Tire
6
2.9
Off-Road Vehicle
6
2.10
Off-Road Vehicle Act
6
2.11
Person
6
2.12
Police Officer
6
2.13
Prescribed
6
2.14
Prohibited Highway
6
2.15
Provincial Offences Act
6
2.16
Residence
6
2.17
School Site
6
2.18
Trail
6
Part 3 - Regulations
Section
Page
3.1
Operation on Municipal Highways
7
3.2
City Property
7
3.3
School Site
7
Part 4 - Penalties
Section
Page
4.1
General Penalties
7
Part 5 - Validity
City of Temiskaming Shores
Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
5
Section
Page
5.1
Validity of By-law
8
Schedules and Description
Appendix
Page
1
Prohibited Highways
9
2
Set Fines For By-law 2009-023
10
City of Temiskaming Shores
Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
6
Part 1 - General Provisions
1.1
Short Title
This by-law shall be cited as the "ATV By-law".
1.2
Scope
The provisions of this By-law shall apply to all property within the geographic
limits of the City, except where otherwise provided.
1.3
Enforcement
This By-law shall be enforced by a By-law Enforcement Officer or a Police
Officer.
1.4
Conflicts with other By-laws
Where a provision of this By-law conflicts with a provision of another by-law in
force in the City, the provisions that establishes the higher standard in terms of
protecting the health, safety and welfare of the general public and the
environmental well being of the municipality, shall prevails to the extent of the
conflict.
Part 2 - Definitions
Definitions of words, phrases and terms used in this By-law that are not included
in the list of definitions in this section shall have the meanings which are
commonly assigned to them in the context in which they are used in this By-law.
The words, phrases and terms defined in this section have the following meaning
for the purposes of this By-law.
2.1
All-Terrain Vehicle means an off-road vehicle that
(a) has four wheels, the tires of which are all 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 designated to carry,
i.
a driver only and no passengers, or
ii.
a driver and only one passenger, if the vehicle,
City of Temiskaming Shores
Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
7
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.
2.2
By-law Enforcement Officer means the person or persons duly
appointed by Council as Municipal Law Enforcement Officers for the
purpose of enforcing regulatory by-laws of the City.
2.3
City means the Corporation of the City of Temiskaming Shores.
2.4
City Property means any land situated within the City which is owned by
the City or controlled by the City by lease or otherwise, but does not
include a highway.
2.5
Council means the Municipal Council of the City of Temiskaming Shores.
2.6
Highway means a common and public highway, street, roadway,
crescent, avenue, parkway, driveway, square, place, bridge, viaduct,
trestle or other such place designed and intended for, or used by the
general public for the passage or parking of vehicles and includes the area
of land between the lateral property lines thereof.
2.7
Highway Traffic Act means Highway Traffic Act, R.S.O. 1990, c. H8, as
amended.
2.8
Low Pressure Bearing Tire means a wide, balloon-type tire with a
rounded cross-section and no distinct shoulder area and that is designed
to operate with inflation pressure of no greater than 70 kpa (10 psi).
2.9
Multi-Purpose off-highway utility 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 steering wheel for steering control,
(c) has seats that are not designed to be straddled, and
(a) has a minimum cargo capacity of 159 kilograms.
2.10 Off-Road Vehicle has the same meaning as in the Off-Road Vehicle Act,
as amended.
2.11 Off-Road Vehicle Act means the Off-Road Vehicle Act, R.S.O. 1990, c.
0.4, as amended.
City of Temiskaming Shores
Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
8
2.12 Person means an individual, firm or corporation.
2.13 Police Officer means a member of the Ontario Provincial Police service.
2.14 Prescribed means prescribed by the Off-Road Vehicle Act - R.R.O. 1990,
Reg. 863.
2.15 Prohibited Highway means those highways identified in Appendix "1"
attached to and forming part of this Bylaw.
2.16 Provincial Offences Act means the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended.
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 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.
2.17 Residence means a persons dwelling unit and shall include a temporary
unit such as a hotel or motel.
2.18 School Site means lands or premises or an interest in land or premises
required by a board for a school, school playground, school garden,
school parking areas or for any other school purpose, but does not include
post-secondary institution.
2.19 Trail means the whole of any trail established and maintained by a
recreational organization for the use of all-terrain vehicles.
Part 3 - Regulations
3.1
Operation on Municipal Highways
3.1.1
Any person may operate a multi-purpose off-highway utility vehicle,
off-road vehicle or recreational off-highway vehicle upon any highway
under the jurisdiction of the City of Temiskaming Shores.
3.1.2
Notwithstanding Section 3.1.1 a person shall not be permitted to
operate a multi-purpose off-highway utility vehicle, off-road vehicle, or
recreational off-highway vehicle upon a Prohibited Highway identified
in Appendix 01, attached hereto.
City of Temiskaming Shores
Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
9
3.1.3
Notwithstanding Section 3.1.2 a person shall be allowed to cross a
Prohibited Highway while operating a multi-purpose off-highway utility
vehicle, off-road vehicle or recreational off-highway vehicle, provided
such crossing is done at an angle of approximately 90 degrees to the
direction of the highway.
3.2
City Property
3.2.1
No person shall operate an off-road vehicle upon City property.
3.2.2
Notwithstanding Section 3.2.1 a person may operate an all-terrain
vehicle upon a trail established on City property.
3.3
School Site
3.3.1
No person shall operate an all terrain vehicle upon any portion of a
highway located within 200 meters of any school site between the
hours of 8:00 a.m. to 9:30 a.m. and 3:00 p.m. to 4:30 p.m., Monday to
Friday from September 1 to June 30 of the following year.
3.3.2
Notwithstanding Section 3.3.1 where a persons residence is located
within 200 meters of a school site, such person may operate an all-
terrain vehicle to gain direct access to or from their residence.
Part 4 - Penalties
4.1
General Penalties
Any person who contravenes, suffers or permits any act or thing to be done in
contravention of, or neglects to do or refrains from doing anything required to be
done pursuant to any provisions of this By-law or any permit or order issued
pursuant thereto, commits an offence and except where specifically provided in
Appendix "2", shall be liable to a fine of not less than $100.00, but not exceeding
$5,000.00.
Where an offense is a continuing offence, each day that the offence is continued
shall constitute a separate and distinct offence.
Part 5 - Validity
5.1
Validity of By-law
If any section, clause, or provision of this By-law, is for any reason declared by a
court of competent jurisdiction to be invalid, the same shall not effect the validity
City of Temiskaming Shores
Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
10
of the By-law as a whole or any part thereof, other than the section, clause or
provision so declared to be invalid and it is hereby declared to be the intention
that all remaining sections, clauses or provisions of this By-law shall remain in full
force and effect until repealed, notwithstanding that one or more provisions
thereof shall have been declared to be invalid.
City of Temiskaming Shores
Appendix "1" to Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
11
The Corporation of the City of Temiskaming Shores
Appendix "1" of Schedule "A"
to ATV By-law No. 2009-023
Prohibited Highways
Highway
From
To
Armstrong Street North
Highway 65 East
Whitewood Avenue
Armstrong Street South
Whitewood Avenue
Cedar Street
Ferguson Avenue
Blackwall Street
Browning Street
Lakeshore Road North
Radley Hill Road
Paget Street
Lakeshore Road South
Browning Street
Radley Hill Road
Main Street
Farr Drive
ONR underpass
Paget Street
Lakeshore Road North
Dymond Street
Rorke Avenue
Main Street
Carter Boulevard
Whitewood Avenue
May Street
Highway 65
City of Temiskaming Shores
Appendix "2" to Schedule "A" to
Off-Road Vehicles - O.C.
By-law No. 2009-023
12
The Corporation of the City of Temiskaming Shores
Appendix "2" OF Schedule "A"
to ATV By-law No. 2009-023
Part 1 Provincial Offence Act
SET FINES
Item
COLUMN 1
Short form wording
COLUMN 2
Offence creating provision
or Defining offence
COLUMN 3
Set fine
1
Drive off-road vehicle on
highway.
Sch. A, section 3.1.1
$85.00
2
Drive all-terrain vehicle on
prohibited highway.
Sch. A, section 3.1.4
$85.00
3
Drive off-road Vehicle on
City property.
Sch. A, section 3.2.1
$85.00
4
Drive all-terrain vehicle
within 100m of school site.
Sch. A, section 3.3.1
$85.00
Note: The general penalty provision for the offences listed above is Schedule A
section 4.1 of By-law No. 2009- 023, a certified copy of which has been filed.