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2012-184 Operating All-Terrain VehiclesTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -184 A By -law to Permit All- Terrain Vehicles to utilize specific Municipal Highways within the Township of Oro - Medonte for the Operating Period of January 1, 2013 to March 15, 2013 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 did, on the 8 th day of December, 2010, enact By -law No. 2010 -189 A By -Law to Permit Off -Road Vehicles to utilize specific Municipal Highways within the Township of Oro - Medonte; AND WHEREAS Council has, pursuant to Motion No. C111109 -9, deemed it desirable, to extend the permitted all- terrain vehicle usage on specific municipal highways from Highway 11 southerly to Lake Simcoe within the east /west boundaries identified on Schedules "A" and "B" attached hereto and forming part of this by -law from January 1, 2012 to March 15, 2012; AND WHEREAS Council has, pursuant to Motion No. C121024 -15, deemed it desirable, to continue the pilot project approved pursuant to Motion No. C111109 -9 for the operating period of January 1, 2013 to March 15, 2013; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1) DEFINITIONS: "All-Terrain Vehicle" means an off -road vehicle that, (a) has four wheels, the tires of all of which are 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 a driver only and no passengers; "Off -Road Vehicle" has the same meaning as in the Off -Road Vehicles Act. 2) PROHIBITIONS: a) No person shall operate or use an all- terrain vehicle on a Township of Oro - Medonte highway, except for those sections of highways permitted and identified in Schedule "A ", attached hereto and forming part of this by -law. -2- b) No person shall operate or use an all- terrain vehicle on the sections of highways permitted and identified in Schedule "A ", attached hereto and forming part of this by- law, at speed greater than (a) 20 kilometres per hour, if the speed limit established under the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended 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, R.S.O. 1990, c. H.8, as amended for that part of the highway is greater than 50 kilometres per hour. c) No person shall operate or use an all- terrain 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. 3) 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 January 1, 2013 and remain in force until March 15, 2013. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7T" DAY OF NOVEMBER, 2012. THE CORP RATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Fh , ClOrk,-J. Dduhlas Irwin Schedule "A" to By -law No. 2012 -184 for The Corporation of the Township of Oro - Medonte Areas Permitted January 1, 2013 — March 15 2013 All highways under the jurisdiction of the Township of Oro - Medonte within the following boundaries: Northern Boundary — Hwy 11; Southern Boundary — Lake Simcoe; Western Boundary — Line 1 South; Eastern Boundary — Line 14 South from Hwy 11 to the Rail Trail. The boundary then continues from Line 15 South from the Rail Trail to Lake Simcoe. Exclusions • Ridge Road /Shanty Bay Road — Under the jurisdiction of the County of Simcoe (can only cross at 90 degree angle); • Private roadways; • Sidewalks and walkways; • Ditches, drainage areas and other portions of road allowances outside of travelled portion of the road; • Oro - Medonte Rail Trail; • Unopened road allowances and right of ways. Schedule "B" to By -law No. 2012 -184 for The Corporation of the Township of Oro- Medonte Areas Permitted January 1, 2013 — March 15, 2013