ATV By-Law

THE CORPORATION OF THE MUNICIPALITY OF WEST GREY
BY-LAW NUMBER 17 – 2009

Being a by-law to permit and regulate All-Terrain Vehicles (ATV) on municipally maintained highways as set out on Schedule “A” attached hereto.

WHEREAS, The Highway Traffic Act, R.S.O. 1990, Section 191.8, Subsection (3) and (4), Chapter H.8, as amended, provides that the Council of a municipality may pass by-laws respecting off-road vehicles; NOW THEREFORE, the Council of the Corporation of the Municipality of West Grey enacts as follows:

I. DEFINITIONS

In this by-law, “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.

“Fines” means fines imposed for violating this by-law and attached as Schedule “C” of this by-law.

“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 (10psi).

“Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, 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 traveled portion of the roadway and shoulders only.

II. GENERAL PROVISION AND REGULATION OF ALL-TERRAIN VEHICLES ON
HIGHWAYS:

1. An All-Terrain Vehicle shall not be operated on municipally maintained highways unless it meets the equipment requirements of Section 7 to 15 of O.Reg. 316/03 and it is operated in accordance with Sections 16 to 24 of O.Reg. 316/03 made under the Highway Traffic Act.

2. All-Terrain Vehicles with four wheels and low pressure bearing tires shall be permitted on municipally maintained roads within the Municipality of West Grey except those listed on Schedule “A” attached hereto, under and in accordance with Ontario Regulation 316/03 made under the Highway Traffic Act and the Off Roads Vehicles Act as amended.

3. All-Terrain Vehicles may only be operated within the Municipality of West Grey between March 1 and December 15 of each year except those used for snow removal. All Terrain Vehicles used for snow removal must be equipped with a plow and a visible intermittent flashing amber light.

4. No person shall operate an All-Terrain Vehicle within the Municipality of West Grey between the hours of 9:00 P.M. and 5:00 A.M.

5. No person shall operate an All-Terrain Vehicle at a speed greater than 30 kilometres per hour below the posted speed limit.

6. No person shall operate an All-Terrain Vehicle on municipally owned property, including but not limited to, community centres, parks, playgrounds, and beaches, save and except for permitted municipally maintained highways.

7. No person shall operate an All-Terrain Vehicle near a church or funeral home when services are in progress.

8. Schedule “B” lists person(s) or groups or organizations exempt from this bylaw.

9. No person shall interfere or obstruct an officer carrying out his/her duties enforcing this by-law.

10. Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. Chapter P.33.

11. Council shall review this by-law annually at the first Council meeting in
December.

12. The Provisions of this by-law shall come into force and take effect on the final
passing hereof.
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SCHEDULE “A” TO BY-LAW NUMBER 17 – 2009

All-Terrain Vehicles are prohibited from highways listed in this Schedule

DURHAM
Saddler Street East…………………….. Garafraxa Street to Rock Street
College Street…………………………….. Durham Road West to George Street
Chester Street West……………………. Bruce Street to dead end
Garafraxa Street………………….…….. Durham Road East to Park Street
Lambton Street………………….……… Rock Street to Queen Street South and
Countess Street to College Street
Bruce Street…………………………..…. Lambton Street to Chester Street
NEUSTADT
Mill Street………………………………… Queen Street to William Street
NORMANBY (Ayton)
Louisa Street North …………………. Victoria Street northerly to dead end

SCHEDULE “B” TO BY-LAW NUMBER 17 – 2009

EXEMPTIONS

The following are exempt from By-law Number 17 – 2009 :

1. All Police Officers while performing his or her duties.

2. All Fire Department personnel while performing his or her duties.

3. All Medical Rescue personnel while performing his or her duties.

4. All employees of the Municipality of West Grey while performing their duties.

5. Hydro One employee(s) and its’ contractors while performing his or her duties.

6. Ministry of Natural Resources employees while performing his or her duties.

7. Farmer(s), Trappers(s), and Public Utility Worker(s) and type of vehicle are exempt, while performing his/her duties.

8. County of Grey By-Law Enforcement personnel while performing his or her duties.

9. Any person(s) or group that has written permission from the Council of the Municipality of West Grey to operate A.T.V.’s in prohibited areas.