This is an automated transcription (OCR) of the captured
official document — minor recognition errors are possible; the source
document governs.
Snapshot 3237faad37c3 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
## THE CORPORATION OF THE CITY OF TEMISKAMING SHORES
## BY-LAW NO. 2009 - 013
## BEING A BY-LAW TO REGULATE AND CONTROL MOTORIZED SNOW 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 motorized snow 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 fine for offences under a by-law of the municipality passed under the Act;
AND WHEREAS Section 7(2) of the Motorized Snow Vehicle Act, R.S.O. 1990, c. M.44, as amended, provides that a municipality may pass by-laws regulating, governing or prohibiting the operation of motorized snow vehicles within the municipality including any highways therein or any part or parts thereof;
NOW THEREFORE the Council of the Corporation of the City of Temiskaming Shores hereby enacts as follows:
- That Council adopts a by-law to regulate and control motorized snow vehicles within the City identified as Schedule "A", attached hereto and forming part of this by-law;
- That By-law 2005-031 BEING A BY-LAW TO REGULATE AND CONTROL MOTORIZED SNOW VEHICLES WITHIN THE BOUNDARIES OF 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
<!-- image -->
<!-- image -->
<!-- image -->
<!-- image -->
READ a FIRST and SECOND TIME 17" day of February, 2009.
Clerk
READ a THIRD TIME and FINALLY PASSED this\_24\_ day of March \_ 2009.
Mayor
cosind.
Clerk
## CORPORTION OF THE CITY OF TEMISKAMING SHORES
## SCHEDULE "A" TO BY-LAW NO. 2009 - 013
## BEING A BY-LAW TO REGULATE AND CONTROL MOTORIZED SNOW VEHICLES NITHIN THE CITY OF TEMISKAMING SHORES
## INDEX
## PART 1 - GENERAL PROVISIONS
| SECTION | | PAGE |
|-----------|-----------------------------|--------|
| 1.1 | Short Title | 5 |
| 1.2 | Scope | |
| 1.3 | Enforcement | |
| 1.4 | Conflicts with other By-law | 5 |
| | PART 2 - DEFINITIONS | |
| SECTION | | PAGE |
| 2.1 | By-law Enforcement Officer | 5 |
| 2.2 | City | 5 |
| 2.3 | City Property | 5 |
| 2.4 | Council | 5 |
| 2.5 | Highway | 6 |
| 2.6 | Motorized Snow Vehicle | 6 |
| 2.7 | Motorized Snow Vehicle Act | 6 |
| 2.8 | Person | 6 |
| 2.9 | Police Officer | 6 |
| 2.10 | Prohibited Highway | 6 |
| 2.11 | Provincial Offences Act | |
| 2.12 | Residence | |
| 2.13 | School Site | |
| 2.14 | Trail | |
| | PART 3 - REGULATIONS | |
|---------------------------|-------------------------------|------|
| SECTION | | PAGE |
| 3.1 | Prohibited Highways | 6 |
| 3.2 | City Property | 7 |
| 3.3 | School Site | 7 |
| | PART 4 - PENALTIES | |
| SECTION | | PAGE |
| 4.1 | General Penalties | 7 |
| | PART 5 - VALIDITY | |
| | | PAGE |
| 5.1 | Validity of By-law | |
| SCHEDULES AND DISCRIPTION | SCHEDULES AND DISCRIPTION | |
| APPENDIX | | PAGE |
| 1 | Prohibited Highways | 8 |
| 2 | Set Fines For By-law 2009-013 | 9 |
## SECTION
## 1.1 Short Title
This By-Law shall be cited as the "Motorized Snow Vehicle 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 other wise 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-law
Where a provision of this By-law conflict 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.
## SECTION
- 2.1 "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.
- 2.2 "City" means the Corporation of the City of Temiskaming Shores.
- 2.3 "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.
- 2.4 "Council" means the Municipal Council of the City of Temiskaming Shores.
## PART 1 GENERAL PROVISIONS
- 2.5 "Highway" means a common and public highway, street, roadway, rescent, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or other such place designed and intended for, or used by the general publi for the passage or parking of vehicles and includes the area of land between the lateral property lines thereof.
- 2.6 "Motorized Snow Vehicle" means a self-propelled vehicle designed to be driven primarily on snow.
- 2.7 "Motorized Snow Vehicle Act" means the Motorized Snow Vehicles Act, R.S.O. 1990, c. M.44, as amended
- 2.8 "Person" means an individual, firm or corporation.
- 2.9 "Police Officer" means a member of the Ontario Provincial Police service.
- 2.10 "Prohibited Highway" means those highways identified in Appendix "1"of Schedule "A" attached to and forming part of this Bylaw.
- 2.11 "P90, c. Pa as amen Ac" means the Provincial offences At, R.S.0.
- 2.12 "Ri such a" hotel or persons dwelling unit and shall include a temporary
- 2.13 "School Site" means land 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.
- 2.14 "Trail" means the whole of any trail established and maintained by a recreational organization for the use of motorized snow vehicles.
## PART 3 REGULATIONS
## SECTION
## 3.1 Prohibited Highways
- 3.1.1 No person shall operate a motorized snow vehicle upon a prohibited highway.
- 3.1.2 Notwithstanding Section 3.1.1 a person shall be allowed to cross a prohibited highway while operating a motorized snow vehicle, provided such crossing is done at an angle of approximately 90 degrees to the
- 3.1.3 Votwithstanding Section 3.1.1 a person may operate a motorized snow vehicle upon a trail established on a prohibited highway.
## 3.2 City Property
- 3.2.1 No person shall operate a motorized snow vehicle upon City property.
- 3.2.2 Notwithstanding Section 3.2.1 a person may operate a motorized snow vehicle upon a trail established on City property.
## 3.3 School Site
- 3.3.1 No person shall operate a motorized snow vehicle upon any portion of a highway located within 100 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 100 meters of a school site, such person may operate a motorized snow vehicle to gain direct access to or from their residence.
## PART 4 PENALTIES
## SECTION
## 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
Where an offense is a continuing offence, each day that the offence is continued shall constitute a separate and distinct offence.
## PART 5
## VALIDITY
## SECTION
## 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 shal not effect the validity 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 beer declared to be invalid.
## THE CORPORATION OF THE CITY OF TEMISKAMING SHORES Appendix "4" OF Schedule "A" TO BY-LAW NO. 2009-013
## PROHIBITED HIGHWAYS
| HIGHWAY | FROM | TO |
|-----------------------|----------------------|----------------------------|
| rmstrong Street Nor | Highway 65 East | Whitewood Avenue |
| rmstrona Street Sour | Whitewood Avenue | Cedar Street |
| Drive-In-Theatre-Road | Crystal Crescent | Highway 11 |
| Ferguson Avenue | Blackwall Street | Browning Street |
| Golf Course Road | | Highway 65 West |
| Hessle Street | | ESCSM |
| High Street | | Whitewood Avenue |
| King Street | | South Limit (Coleman Twp.) |
| Lakeview Avenue | King Street | Mill Creek |
| Lakeshore Road North | Radley Hill Road | Paget Street |
| Lakeshore Road South | Browning Street | Radley Hill Road |
| Main Street | Farr Drive | Browning Street |
| Paget Street | Lakeshore Road North | Dymond Street |
| Rorke Avenue | Main Street | Carter Boulevard |
| Shepherdson Road | Radley Hill Road | High Street |
| West Road | Browning Street | Highway 11 |
| Whitewood Avenue | May Street | Highway 11 |
## THE CORPORATION OF THE CITY OF TEMISKAMING SHORES Appendix "2" OF Schedule "A" TO MOTORIZED SNOW VEHICLE BY-LAW NO. 2009-013
## PART 1 PROVINCIAL OFFENCES ACT SET FINES
| Item | COLUMN 1 Short form wording | COLUMN 2 Offence creating provision or Defining offence | COLUMN 3 Set fine |
|--------|-----------------------------------------------------------|-----------------------------------------------------------|---------------------|
| 1 | Drive motorized snow vehicles on prohibited highway. | Sch. A, section 3.1.1 | $85.00 |
| 2 | Drive motorized snow vehicles on City property. | Sch. A, section 3.2.1 | $85.00 |
| 3 | Drive motorized snow vehicles 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. 2009-013, a certified copy of which has been filed.