THE CORPORATION OF THE
BY-LAW NO. ______
Being a by-law to permit the operation of
“All-Terrain Vehicles” (ATV’s)
on highways under the jurisdiction of the
WHEREAS the Highway Traffic Act, R.S.O. 1990, Section
191.8, subsection (3), Chapter 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 the Council of the Corporation of the Township
of Machar deems it advisable to regulate the operation of All-Terrain Vehicles, being
a class of Off-Road Vehicle as defined in Section 1 of Ontario
Regulation 316/03, on highways within the jurisdiction of the municipality, or
on any part or parts of such highways;
NOW THEREFORE the Council of the Corporation of the
1. In this
By-law:
(a)
“All-Terrain Vehicle” means an off-road vehicle that,
(i)
has four wheels, the tires of all of which are in contact with the
ground,
(ii)
has steering handlebars,
(iii)
has a seat that is designed to be straddled by the driver, and
(iv)
is designed to carry a driver only and no passengers;
(b) “Highway”
means a common and public highway, street, road, avenue,
laneway or bridge, any part of which is actually used by the
general public for
the passage of vehicles and includes the area between the
lateral property lines thereof.
(c) “Low
Pressure Bearing Tires” 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 70KPA (10 psi).
(d) “Off-Road Vehicle” means an off-road
vehicle within the meaning of the Off-
Road Vehicles Act, R.S.O. 1990.
2. All-Terrain Vehicles
with four wheels and low pressures bearing tires are permitted to
be operated on the traveled portion, including
the shoulder, of any highway within the municipality
that is under the jurisdiction of the municipality.
3. An
All-Terrain Vehicle shall not be operated on highways unless it meets the
equipment requirements of Sections 7 to 15 of
Ontario Regulation 316/03 and it is operated
in accordance with Sections 16 to 24 of Ontario Regulation 316/03, S.6.
4. The
All-Terrain Vehicle shall not be driven at a rate of speed greater than:
(a)
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
(b)
50 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 greater than
50 kilometres
per hour.
5. All applicable provisions of the Highway Traffic Act, R.S.O. 1990 as
amended and
Vehicles on
highways.
6. No person shall operate an All-Terrain
Vehicle:
a)
Over or upon the following areas, with the exception of recognized
parking
areas:
(i)
On any private property without consent of the owner
(ii)
On any municipal public property without the consent of the
municipality.
(iii)
7. If a court of competent jurisdiction
should declare any section or part of a section 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.
8. Any person operating an All-Terrain
Vehicle in contravention of this by-law shall be
guilty of
an offence and subject to the penalties provided by law.
9. This by-law shall come into force and
take effect upon third and final reading.
READ A
FIRST AND SECOND TIME THIS _____DAY OF ___________, 2004.
_______________________________________
Mayor
Harvey Pinkerton
_______________________________________
Clerk-Treasurer
Brenda Sinclair Paul
READ A
THIRD TIME AND FINALLY PASSED THIS _____DAY OF___________, 2004.
_______________________________________
Mayor
Harvey Pinkerton
_______________________________________
Clerk-Treasurer
Brenda Sinclair Paul
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