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2015-186 Permit Hardwood to operate on highwaysThe Corporation of the Township of Oro-Medonte By -Law No. 2015-186 A By-law to Permit Hardwood Ski & Bike to operate an All -Terrain Vehicle, Multi - Purpose Off -Highway Utility Vehicle, Off -Road Vehicle and/or Recreational Off - Highway Vehicle on specific Highways within the Township of Oro-Medonte for Emergency & Rescue Recovery Operations Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended, provides that a municipality may pass by-law with respect to highways, including parking and traffic on highways, which the municipality has jurisdiction over; And Whereas Section 191.8(1) of the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended provided that no person shall drive an off-road vehicle on a highway except in accordance with regulations and any applicable municipal by-law; 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 Council for The Corporation of the Township of Oro-Medonte declared, by Motion No. C151014-19, that Hardwood Ski & Bike be permitted to utilize All -Terrain Vehicle, Multi -Purpose Off -Highway Utility Vehicle, Off -Road Vehicle and/or Recreational Off -Highway Vehicle on specific highways within the Township of Oro- Medonte for Hardwood Ski & Bike operations related to Emergency & Rescue Recovery Operations; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: That Schedules "A" and "B" attached hereto form part of this By-law. 2. And that this By-law shall come into force and effect on the date of its final passing. By -Law Read a First, Second and Third time, and Passed this 9tn day of December 2015. The Corporation of the Township of Oro-Medonte Schedule "A" to By-law No. 2015-186 1.0 Definitions For the purpose of this By-law, the following definitions shall apply: "All -Terrain Vehicle" means an off-road vehicle: 1. that has four tires, the tires of all of which are in contact with the ground, 2. has a steering handlebars, 3. has a seat that is designed to be straddled by the driver and 4. is designed to carry a. driver only and no passengers, or b. a driver and only one passenger, if the vehicle, i. has one passenger that is designed to be straddled by the passenger while sitting facing forward behind the driver, and ii. is equipped with footrest for the passenger that are separate from the foot rest of the driver; "Council" means the Council for The Corporation of the Township of Oro-Medonte; "Highway" means a common and public highway, street, avenue, road, parkway, square, place, bridge, viaduct or trestle, designed and intended for, or used by the general public for the passage of vehicles, including the area between the lateral property lines thereof; "Multi -Purpose Off -Highway Utility Vehicle" means an off-road vehicle that, 1. has four or more wheels, the tires of which are all in contact with the ground, 2. has a steering wheel for steering control, 3. has seats that are not designed to be straddled, and 4. has a minimum cargo capacity of 159 kilograms; "Municipal Law Enforcement Officer" means a person duly appointed by the Corporation for the purpose of enforcing the provisions of this By-law and who shall have the powers as set out in the Provincial Offences Act, R.S.O., 1990, c.P. 33, as amended; "Officer" means a Municipal Law Enforcement Officer and/or Police Officer; "Off -Road Vehicle" means as defined in the Off -Road Vehicle Act; "Police Officer" means a member of the Police Force or a person authorized to regulate, direct or enforce the provisions of this By-law; "Recreational Off -Highway Vehicle" means an off-road vehicle that, 1. has four or more wheels, the tires of which are all in contact with the ground, 2. has a steering wheel for steering control, 3. has seats that not designed to be straddled, and 4. has an engine displacement equal to or less than 1000 cubic centimeters; "Township" means The Corporation of the Township of Oro-Medonte; 2.0 General Provisions 2.1 That Hardwood Ski & Bike be permitted to operate an All -Terrain Vehicle, Multi - Purpose Off -Highway Utility Vehicle, Off -Road Vehicle and/or Recreational Off - Highway Vehicle on the Highways set out in Schedule "B" of this By-law for Hardwood Ski & Bike operations. 2.2 Hardwood Ski & Bike shall operate an All -Terrain Vehicle, Multi -Purpose Off - Highway Utility Vehicle, Off -Road Vehicle and/or Recreational Off -Highway Vehicle on the Highways set out in Schedule "B" of this By-law for Hardwood Ski & Bike operations, at a speed not greater than: 2.2.1 20 kilometers per hour, if the speed limit established for that part of the Highway is not greater than 50 kilometers per hours. 2.2.2 50 kilometers per hour, if the speed limit established for that part of the Highway is greater than 50 kilometers per hour. 2.3 Hardwood Ski & Bike shall not operate an All -Terrain Vehicle, Multi -Purpose Off - Highway Utility Vehicle, Off -Road Vehicle and/or Recreational Off -Highway Vehicle on the Highways set out in Schedule "B" of this By-law for Hardwood Ski & Bike operations, unless all of the provisions of Ontario Regulation 316/03 of the Highway Traffic Act, as amended, the Off -Road Vehicles Act, as amended, this By-law and any other legislation governing the use of off-road vehicles is complied with at all times. 2.4 All All -Terrain Vehicle, Multi -Purpose Off -Highway Utility Vehicle, Off -Road Vehicle and/or Recreational Off -Highway Vehicle utilized by Hardwood Ski & Bike shall have identification affixed to the vehicle. 3.0 Prohibitions 3.1 No person shall operate or use an All -Terrain Vehicle, Multi -Purpose Off -Highway Utility Vehicle, Off -Road Vehicle and Recreational Off -Highway Vehicle on a Township Highway, except as set out in Section 2.1 of this By-law or any other Township By-law. 4.0 Offences 4.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or preforming a duty under this By-law. Any person who is alleged to have contravened any of the provisions of this By-law shall identify themselves to the Officer upon request. Failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of their duties. 4.2 Every person who contravenes any provision of this By-law is guilty of an offence 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. 4.3This By-law shall be enforced by an Officer. 5.0 Exemption 5.1 The provisions of this By-law shall not apply to ambulance, police, fire department, or public utility emergency vehicles. 6.0 Severability Clause 6.1 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. Schedule "B" to By-law No. 2015-186 Highways, within the Township of Oro-Medonte, where Hardwood Ski & Bike are permitted to operate an All -Terrain Vehicle, Multi -Purpose Off -Highway Utility Vehicle, Off -Road Vehicle and/or Recreational Off -Highway Vehicle for Emergency & Rescue Recovery Operations Line 5 North, North from Old Barrie Road West for a distance of 1,236 metres. Line 6 North, North from Old Barrie Road West for a distance of 1,769 metres.