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By-law 2011/65 To regulate Motorized Snow Vehicles Page 1
THE CORPORAITON OF THE MUNICIPALITY OF WEST NIPISSING
BY-LAW NO. 2011/65
BEING A BY-LAW
TO REGULATE THE OPERATION OF MOTORIZED
SNOW VEHICLES WITHIN THE MUNICIPALITY OF WEST NIPISSING
WHEREAS R.S.O. 1990, Chapter M.44 section 7, subsection (2), of the
Motorized Snow Vehicles Act, as amended, permits a municipality to regulate,
govern or prohibit the operation of motorized snow vehicles within the
municipality, including any highways therein or any part thereof;
AND WHEREAS the Municipal Council of the Corporation of the Municipality of
West Nipissing deems it desirable to regulate the operation of motorized snow
vehicles within the Municipality of West Nipissing;
NOW THEREFORE the Council of the Municipality of West Nipissing enacts as
follows:
I.
DEFINITIONS
In this by-law,
1.1
"HIGHWAY" means a highway as defined in the Highway Traffic Act,
R.S.O. 1990, Chapter H.8, as amended. Highway includes a common and
public highway, street, avenue, parkway, driveway, square, place, bridge,
viaduct or trestle designed and intended for, or used by, the general public
for the passage of vehicles. (Sec. 2 (c) of this by-law)
1.2
"MOTORIZED SNOW VEHICLE" means a vehicle as defined by the
Motorized Snow Vehicle Act, R.S.O. 1990, Chapter M.44, as amended,
being a self-propelled vehicle designed to be driven primarily on snow.
1.3
"MUNICIPAL LAW ENFORCEMENT OFFICER' means a member of the
West Nipissing Police Service, or any other person appointed by the
Council for the Municipality of West Nipissing, for the enforcement of
municipal by-laws, including this by-law.
1.4
"MUNICIPALITY" means the Corporation of the Municipality of West
Nipissing.
1.5
"POLICE SERVICES' means the West Nipissing Police Service.
1.6
"PRIVATE PROPERTY" includes developed municipally-owned property,
Church property and School Board property, Hospital and Home for Aged
property or Cemetery Board property. (Sec. 2 (b) of this by-law)
1.7
"PUBLICLY OWNED PROPERTY" includes land or premises under the
control and management of the Municipality of West Nipissing. (Sec. 2 (d) of
this by-law)
1.8
"ROADWAY" means a roadway as defined in the Highway Traffic Act,
R.S.O. 1990, Chapter H.8, as amended. (Sec. 2 (c) of this by-law)
1.9
"SERVICED ROADWAY" means the part of highway that is improved,
designed or ordinarily used for vehicular traffic, and includes the ploughed
portion of the shoulder, and where a highway includes two or more
separate serviced roadways, the term "serviced roadway" refers to any
one serviced roadway separately and not to all of the serviced roadways
collectively. (Sec. 2 (f) of this by-law)
By-law 2011/65 To regulate Motorized Snow Vehicles Page 2
1.10 "SIDEWALK" means a path or strip of land paved or otherwise on or
alongside a highway and designed and intended for use by the general
public for pedestrian travel. In addition, sidewalk includes any property
that is or hereafter may be physically set apart or made available and
intended for pedestrian use. (Sec. 1 (a) of this by-law)
1.11 "TRAIL" means the whole of any trail established and maintained by a
recreational organization for the use of motorized snow vehicles. (Sec. 2 (g)
of this by-law)
2.
GENERAL
(a)
No person or persons shall operate a motorized snow vehicle upon any
sidewalk within the boundaries of the Municipality of West Nipissing.
(b)
No person or persons shall operate a motorized snow vehicle on private
property within the boundaries of the Municipality of West Nipissing except
when authorized to do so by the owner or occupier of the private property
concerned.
(c)
No person or persons shall operate a motorized snow vehicle upon
roadways or highways within the boundaries of the former Town of
Sturgeon Falls, except solely for the purpose of gaining access to or from
the bush, tree line or open area, the proof of which shall be the onus of the
driver of the said motorized snow vehicle.
(d)
No person or persons shall operate a motorized snow vehicle in or on any
publicly owned property within the boundaries of the Municipality of West
Nipissing unless authorized by the Municipality of West Nipissing Council.
(e)
No person or persons shall operate a motorized snow vehicle at any time
within the commercial core of the former Town of Sturgeon Falls, which
includes Main Street, King Street and Holditch Street from John Street to
Front Street.
(f)
No person or persons shall operate a motorized snow vehicle across
roadways except at an angle of approximately 900 to the direction of the
serviced roadway.
(g)
No person shall drive a motorized snow vehicle upon a prescribed trail
except under the authority of, and in accordance with, a trail permit for the
motorized snow vehicle issued under subsection (2) or except on lands
occupied by the owner of the motorized snow vehicle.
(h)
No person shall drive a motorized snow vehicle at a greater rate of speed
than the maximum rates of speed established in the Municipality of West
Nipissing Traffic and Parking By-law, and/or greater than the speed limit
established pursuant to the Highway Traffic Act.
3.
QUIET ZONE
No person or persons shall operate a motorized snow vehicle on Michaud
Street from Ethel Street to John Street in the former Town of Sturgeon
Falls.
4.
ENFORCEMENT
The provisions of this by-law shall be enforced by the West Nipissing
Police Service or by any Municipal Law Enforcement Officer or person
appointed by Council.
By-law 2011/65 To regulate Motorized Snow Vehicles Page 3
5.
PENALTIES
Any person who contravenes any provision of this by-law is guilty of an
offence and on conviction, is liable to a fine as provided for in the
Provincial Offences Act, as per Schedule 'A' attached hereto and forming
part of this by-law.
6.
REPEAL
By-law 2000-05 is hereby repealed.
7.
This By-law shall take effect the date it is passed.
By-law 2011/65 To regulate Motorized Snow Vehicles Page 4
SET FINE SCHEDULE SCHEDULE 'A'
THE CORPORATION OF THE MUNICIPALITY OF WEST NIPISSING
PART 1 PROVINCIAL OFFENCES ACT
By-law 2011/65 Regulate the operation of motorized snow vehicle
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING
OFFENCE
COLUMN 3
SET FINE
1
Operate snow vehicle upon sidewalks.
Section 2 (a)
$ 105.00
2
Operate snow vehicle on private property without
authorization of owner or occupier
Section 2 (b)
$ 105.00
3
Operate snow vehicle upon roadways/ highways.
Section 2 (c)
$ 105.00
4
Operate snow vehicle in or on publicly owned
property without authorization.
Section 2 (d)
$ 105.00
5
Operate snow vehicle within commercial core.
Section 2 (e)
$ 105.00
6
Snow Vehicle crossing roadway at improper angle
Section 2 (f)
$ 105.00
7
Operate snow vehicle on trail without permit
Section 2 (g)
$ 105.00
8
Operate snow vehicle over speed limit
Section 2 (h)
$ 105.00
9
Operate snow vehicle in Quiet Zone
Section 3
$ 105.00
NOTE: The Penalty provision for the offences indicated above is Section 61 of the Provincial
Offences Act, R.S.O. 1990 C.P. 33
By-law 2011/65 To regulate Motorized Snow Vehicles Page 5
SET FINE SCHEDULE SCHEDULE 'A'
THE CORPORATION OF THE MUNICIPALITY OF WEST NIPISSING
PART 1 PROVINCIAL OFFENCES ACT
By-law 2011/65 Regulate the operation of motorized snow vehicle
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING
OFFENCE
COLUMN 3
SET FINE
1
Operate snow vehicle upon sidewalks.
Section 2 (a)
2
Operate snow vehicle on private property without
authorization of owner or occupier
Section 2 (b)
3
Operate snow vehicle upon roadways/ highways.
Section 2 (c)
4
Operate snow vehicle in or on publicly owned
property without authorization.
Section 2 (d)
5
Operate snow vehicle within commercial core.
Section 2 (e)
6
Snow Vehicle crossing roadway at improper angle
Section 2 (f)
7
Operate snow vehicle on trail without permit
Section 2 (g)
8
Operate snow vehicle over speed limit
Section 2 (h)
9
Operate snow vehicle in Quiet Zone
Section 3
NOTE: The Penalty provision for the offences indicated above is Section 61 of the Provincial
Offences Act, R.S.O. 1990 C.P. 33