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2010-034 Permit Off-Road Vehicles on Township HighwaysTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-034 A By-law to Permit Off-Road Vehicles to utilize specific Municipal Highways within the Township of Oro-Medonte WHEREAS Section 191.8(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, provides that no person shall drive an off-road vehicle on a highway except in accordance with the regulations and any applicable municipal by-laws; AND WHEREAS Section 191.8(3) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, provides that the council of a municipality may pass by-laws permitting the operation of off-road vehicles on any highway under the jurisdiction of the municipality and providing speed limits for such vehicles; AND WHEREAS Section 191.8(4) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, provides that by-laws passed under Section 191.8(3) may permit the operation of off-road vehicles during specific months or hours; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended, provides that a municipality may pass by-laws with respect to highways, including parking and traffic on highways, which the municipality has jurisdiction over; AND WHEREAS Council of the Township of Oro-Medonte has determined that off-road vehicles may utilize specific highways within the Township of Oro-Medonte to access Lake Simcoe for Recreational Purposes, from January 1, 2010 to March 15, 2010, between the hours of 6:00 a.m. and 10:00 p.m., per Motion No. C100127-5; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 11) DEFINITIONS: "All-Terrain Vehicle" means the same as Off-Road Vehicle for the purposes of this by-law. "Off-Road Vehicle" means a vehicle propelled or driven otherwise than by muscular power or wind and • That has three or more wheels and is designed for use on all terrains, commonly known as all-terrain vehicles, that have steering handlebars and a seat that is designed to be straddled by the driver; or • That has four or more wheels and is designed for utility applications or uses on all terrains and a seat that is not designed to be straddled by the driver; or A dune buggy, as defined in Regulation. 863, under the Off-Road Vehicles Act. PROHIBITIONS: a) No personal shall operate or use an off-road vehicle on a Township of Oro- Medonte highway, except for those sections of highways identified in Schedule "A", attached hereto and forming part of this by-law. b) No person shall operate or use an off-road vehicle on the sections of highways identified in Schedule "A", attached hereto and forming part of this by-law, outside of the hours of 6:00 a.m. to 10:00 p.m. from January 1, 2010 to March 15, 2010. c) No personal shall operate or use an off-road vehicle on the sections of highways identified in Schedule "A", attached hereto and forming part of this by-law, at any speed greater than the posted speed limit. d) No person shall operate or use an off-road vehicle on the sections of highways identified in Schedule "A", attached hereto and forming part of this by-law, unless all of the provisions of Regulation 316/03 under the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and any other legislation governing the use of off-road vehicles is complied with at all times. ENFORCEMENT AND FINES: a) Every person who contravenes any Provision of this By-law is guilty of an office and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33 and every such fine is recoverable under the Provincial Offences Act. 4) SEVERABILITY CLAUSE: a) In the event that any provision of this by-law is quashed or is declared or otherwise found to be ultra vires or unenforceable by the Township, such clause shall be deemed to have been severed from the remainder of the by-law. 5) FORCE AND EFFECT: a) This by-law shall take effect on the final passing thereof and remain in force until March 16, 2010. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF FEBRUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ug rwin Schedule "A" to By-law No. 2010-034 for The Corporation of the Township of Oro-Medonte Highway Section of Highway Bay Street From Shanty Bay Warf Parking Area west to Line 2 South Black Forest Lane South of Ridge Road to Lake Simcoe Ice Road South of Lakeshore Road East to Lake Simcoe Lakeshore Road East From Line 12 South to Line 13 South Lakeshore Road East Carthew Bay Wharf Parking Area to the Wharf at Line 14 South Lakeshore Road East West of Line 7 South to Ice Road Lakeshore Road West 930 metres easterly to Line 6 South Line 11 South South from Mill Street to Lake Simcoe Line 12 South South of Lakeshore Road East to Lake Simcoe Line 14 South From 578 metres north of Lakeshore Road East to Lake Simcoe Line 2 South South of Ridge Road to Lake Simcoe Line 6 South From dead end, at 1075 Line 6 South, to Lake Simcoe Line 7 South South from Ridge Road to Lake Simcoe Line 9 South South from Lakeshore Road East to Lake Simcoe Little Road South of Lakeshore Road East to Lake Simcoe Mill Street East of Line 11 South, south to Lake Simcoe Parkside Drive From the Line 9 Boat Launch Parking Area to Line 9 South