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HomeMy WebLinkAbout16 016 Off-Road Vehicles Use By-law Van De Vyvere & Grove - McClement LLP BRIAN J. VAN DE VYVERE TAMMY W. GROVE - MCCLEMENT - GROVE - MCCLEMENT PROFESSIONAL CORPORATION BARRISTERS & SOLICITORS BRIAN J. VAN DE VYVERE, B.A., LL.B. 215 Durham Street, Box 880 TAMMY W. GROVE- MCCLEMENT, B.A., LL.B. Walkerton, Ontario NICOLA TY, B.A., LL.B. NOG 2V0 FIONA HAMILTON, B.A., M.A., LL.B. JULIA M. FISCHER, B.A., J.D. Telephone: (519) 881 -3230 Facsimile: (519) 881 -3595 E -MAIL: wmvt @walkertonlaw.ca March 11, 2016 Municipality of Kincardine - 1475 Concession 5, RR5 Kincardine, Ontario AFC N2Z 2X6 AR 1 ZOS k ali Attention: Jennifer Lawrie 47007.,,414,,4' l � � • " Dear Ms. Lawrie: RE: The Corporation of the Municipality of Kincardine Off -Road Vehicle By -law #2016 -016 Further to our previous communication please find enclosed the following documentation: 1. Original letter dated March 4, 2016 from the Office of the Regional Senior Justice regarding By -law Number 2016 -016. 2. Original Court Order and schedule of set fines attached. By -law 2016 -016 as amended can now be enforced pursuant to the Present Fine /Short form wording provisions of Part 1 of the Provincial Offences Act. Please provide a copy of this documentation to your By -law Enforcement Officer and any other persons involved in the enforcement of these by -laws. ,-- -2- As this now completes this matter, please find enclosed our final account for professional services rendered which we trust you will find satisfactory. Yours very truly, . I juu\_, 4 1111 ' 414 TI Ju ia M. Fischer \' 11 JMF:sw Enclosures I. Original letter dated March 4, 2016 from Office of the Reginal Senior Justice; 2. Original Order; and 3. Account. , Agenda • Council 0 File Non i-- 0,.1 Conssnt 0 (1,, i 4 1 CirceVori 02pled Misr. i - c- 1 ( ife-Gt/ CAO T E7 a / Clerk 0 A (9, / . , ......_ Treasury' 0 0 Public nxts 0 0 Buildinrj!rIarin:q ri 0 -- s -4t ,-) 0 of ' Reeraa;,!cin 0 0 Emery STV12,3 0 0 Sainnar: __----- Polio?, SerViCZS 0 DO _ j TOVISMICOriTil.SeN. p 13, . t.6.4 Law ,, 013-1.t..LAvaaceff-out wREcEtvED tirkR I I ltitv THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE •x� ma x. • zY: iini i ��OPaun BY -LAW NO. 2016 - 016 BEING A BY -LAW TO PERMIT AND CONTROL THE OPERATION OF "OFF -ROAD VEHICLES" ON HIGHWAYS UNDER THE JURISDICTION OF THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended, Section 8 (1) and 9 provide 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 has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; WHEREAS Sections 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended gives broad authority to lower -tier municipalities to provide any service or thing that the municipality considers necessary or desirable for the public and respecting matters within the sphere of jurisdiction highways, including parking and traffic on highways; AND WHEREAS Section 191.8 (3) of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, authorizes the Council of a municipality to pass by -laws permitting the operation of off -road vehicles on any highway within the municipality that is under the jurisdiction of the municipality, or on any part or parts of such highway; AND WHEREAS Ontario Regulation 316/03 "Operation of Off -road Vehicles on Highways" regulates the operation of off -road vehicles. • AND WHEREAS Council deems it advisable to regulate the operation of off-road vehicles on any highway within the municipality that is under the jurisdiction of the municipality; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. DEFINTIONS 1.1 "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. 1.2 "By -law Enforcement Officer — means a commissionaire, assistant or and other officer or civilian person engaged by the South Bruce O.P.P and /or appointed by the Municipality of Kincardine to enforce or carry out the provisions of this by -law or any part or parts thereof. 1.3 "Core Services" — means accessing lodging, fuel or other retails • services within the urban areas of the Municipality. Page 2 Off -Road Vehicles Use By -law By -law No. 2016 - 016 1.4 "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 lines thereof. 1.5 "Municipality" — means The Corporation of the Municipality of Kincardine 1.6 "Off Road Vehicle" means: "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 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 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 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. 1.7 "Recognized Agencies" — shall be the Ontario Federation of All - Terrain Vehicle Clubs, South Bruce Peninsula ATV Club and the Huron Shores ATV Club. 1.8 "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. 1.9 "Urban Area" - means an area that has more than 400 people per square kilometre and has more than 1,000 people. If two or more urban areas are within two kilometres of each other, they are merged into a single urban area. For the Municipality of Kincardine, the urban areas shall be defined as all of Ward 1, subdivisions in Wards 2 and 3 north of Ward 1 and west of County Road #23 and Highway #21, Underwood, Inverhuron, Tiverton, and Bervie. • 2. REGULATIONS 2.1 Off Road Vehicles shall be permitted upon the highways under the jurisdiction of The Corporation of the Municipality of Kincardine and Page 3 Off -Road Vehicles Use By -law By -law No. 2016 - 016 in accordance with regulation 316/03 of the Highway Traffic Act, the Off -Road Vehicle Act, in accordance with the provisions of this by- law. 2.2 The exemptions as set out in sections 25 through 28 of Ontario Regulation 316/03, as amended from time to time, regarding the operation of Off -Road Vehicles on highways shall apply to this By- law and the permission granted hereunder. 2.3 Unless such lands form part of a trail route approved and maintained by a Recognized Agency, no person shall operate an off -road vehicle over or upon the following areas: a) Any Community Centre under the jurisdiction of the Municipality; b) Any park, playground, trail, sand dune or beach area under the jurisdiction of the Municipality; c) Any shoreline road allowance under the jurisdiction of the Municipality; d) Any sports field under the jurisdiction of the Municipality; or e) Any cemetery under the jurisdiction of the Municipality; 111 f) On any municipal public property in the Municipality without the consent of the Municipality; g) Along any sidewalk or boulevard within the Municipality; h) All ATV's shall travel on shoulder of road, but may operate on road if shoulder is not safe; i) Schedule "A" list person(s) or companies exempt from this by -law. 2.4 No person shall operate an off -road vehicle: a) In such a way as to disturb or distort the natural environment including fish habitats, property, and any flora or fauna; b) In any urban area including but not limited to Kincardine, Tiverton, Inverhuron except as a means of direct access for the purpose of entering or exiting the urban area or to obtain core services; c) Without a valid off -road vehicle license plate and insurance. 2.5 If a court of competent jurisdiction should declare any section or part of this by -law to be invalid, such section or part of a section shall not • be construed as having persuaded or influenced Council to pass the remainder of the by -law and it is hereby declared that the remainder of the by -law shall be valid and shall remain in force. 3. PENALTIES /ENFORCEMENT 3.1 Every person(s) who violates a provision of this by -law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. 3.2 All provisions of this by -law may be enforced by a By -law Enforcement Officer of The Corporation of the Municipality of Kincardine. 4. GENERAL 4.1 That Schedule `A' is attached hereto and forms part of this by -law. 4.2 That By -law No. 2008 -142 be hereby repealed. • Page 4 Off -Road Vehicles Use By -law By -law No. 2016 - 016 • 4.3 This by -law shall come into force and effect upon its final passage. 4.4 This by -law may be cited as the "Off -Road Vehicles Use By -law." READ a FIRST and SECOND TIME this 1st day of February, 2016. READ a THIRD TIME and FINALLY PASSED this 1st day of February, 2016. j (10_ Mayor Clerk • • • Page 5 Off -Road Vehicles Use By -law By -law No. 2016 - 016 • Schedule `A' The following are exempt from By -law number 2016 - 016 1. By -law Department employees for The Corporation of the Municipality of Kincardine. 2. All Police Officers while performing his or her duties. 3. All 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 Municipality of Kincardine while performing his or her duties. 6. Hydro One or Westario Power Employee(s) and its contractors while performing his or her duties. • 7. Ministry of Natural Resources employees while performing his or her duties. 8. Farmers(s), Trapper(s), Public Utility Worker(s), and Commercial Snow Removal are exempt while performing his or her duties. 9. County of Bruce By -law Enforcement personnel while performing his or her duties. 10. Any person operating an Off -Road Vehicle for the purpose of rendering assistance during a declared emergency within the Municipality. • • OFFICE OF THE REGIONAL SENIORJUSTICE y CABINET DU JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE l i111n�► � COUR DE JUSTICE DE L'ONTARIO a te � WEST REGION T REGION DE L'OUEST 80 DUNDAS STREET, 10 "' FLOOR, UNIT L -= 80, RUE DUNDAS, 10° ETAGE, UNITE L LONDON, ONTARIO N6A 6A8 LONDON (ONTARIO) N6A 6A8 TELEPHONE /TELEPHONE (519) 660 -2292 FAX /TELECOPIEUR (519) 660 -3138 MAR 1 1 ?016 March 4, 2016 Julia M. Fischer Van De Vyvere & Grove- McClement LLP Barristers & Solicitors 215 Durham Street, Box 880 Walkerton, ON NOG 2V0 Dear Ms. Fischer: Re: Set Fines - Provincial Offences Act - Part I By -law Number 2016 -016, of the Municipality of Kincardine Enclosed herewith is an original Order, and an original schedule of set fines for the above referenced By -Law, the By -law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the copy of the Order and the schedules of set fines to the Provincial Offences Court in Owen Sound, together with a copy of the By -law. Yours truly, / e n Stephen J. Fuerth Regional Senior Justice West Region encl. /cb PROVINCIAL OFFENCES ACT Part 1 IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By -law No. 2016 -016, of the Municipality of Kincardine, attached hereto are the set fines for those offences. This Order is to take effect March 4, 2016. Dated at London this 4th day of March 2016. Stephen J. Fuerth Regional Senior Justice West Region R M PART I PROVINCIAL OFFENCES ACT THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY -LAW No. 2016 - 016 Being a by -law to permit and control the operation of "Off -Road Vehicles" on Highways under the jurisdiction of The Corporation of the Municipality of Kincardine. ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Offence Creating or Defining Offence Set Fine 1 Operate Off -Road Vehicle at Community Centre Section 2.3 (a) $150.00 2 Operate Off -Road Vehicle at park Section 2.3 (b) $150.00 3 Operate Off -Road Vehicle at playground Section 2.3 (b) $150.00 4 Operate Off -Road Vehicle on recreation trail Section 2.3 (b) $150.00 5 Operate Off -Road Vehicle on a sand dune Section 2.3 (b) $150.00 6 Operate Off -Road Vehicle on a beach _ Section 2.3 (b) $150.00 7 Operate Off -Road Vehicle on shoreline road allowance Section 2.3 (c) $150.00 8 Operate Off -Road Vehicle on sports field Section 2.3 (d) $150.00 9 Operate Off -Road Vehicle on cemetery Section 2.3 (e) $150.00 10 Operate Off -Road Vehicle on municipal public property Section 2.3 (f) $150.00 11 Operate Off -Road Vehicle on sidewalk Section 2.3 (g) $150.00 12 Operate Off -Road Vehicle on boulevard Section 2.3 (g) $150.00 13 Operate Off -Road Vehicle not on shoulder of road Section 2.3 (h) $150.00 14 Disturb natural environment while operating an Off -Road Vehicle Section 2.4 (a) $150.00 15 Operate Off -Road Vehicle in urban area Section 2.4 (b) $150.00 16 Operate Off -Road Vehicle without insurance _ Section 2.4 (c) $150.00 17 Operate Off -Road Vehicle without licence plate Section 2.4 (c) $150.00 The penalty provisions for the offences listed above is Section 3.1 of By -law No. 2016 -016, a certified copy of which has been filed.