By-Law 2015-015 - Off Road Vehicles

THE CORPORATION OF THE MUNICIPALITY OF CALVIN

BY-LAW NO. 2015-015

BEING A BY-LAW TO PERMIT THE OPERATION OF OFF-ROAD VEHICLES ON ANY HIGHWAY WITHIN THE MUNICIPALITY THAT IS UNDER THE JURISDICTION OF THE MUNICIPALITY

WHEREAS the Highway Traffic Act R.S.O., 1990, Section 191.8, subsections (3) and (4), Chapter H.8, as amended, provides that the council of a municipality may pass by-laws permitting the operation of off-road vehicles; prescribing a lower rate of speed for off-road vehicles than that prescribed by regulation; and regulating the times of 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 Municipality of Calvin deems it desirable to enact such a By-law;

NOW THEREFORE the Council of the Corporation of the Municipality of Calvin ENACTS AS FOLLOWS:

1.0 Definitions
 

1.1

“all-terrain” vehicle means an off-road vehicle that,

  1. has four wheels, the tires of which are all in contact with the ground,
  2. has steering handlebars,
  3. has a seat that is designed to be straddled by the driver, and
  4. is designed to carry,
    1. a driver only and no passengers, or
    2. a driver and only one passenger, if the vehicle,
      1. has one passenger seat that is designed to be straddled by the passenger while sitting facing forward behind the driver, and
      2. is equipped with foot rests for the passenger that are separate from the foot rests for the driver
 

1.2

“multi-purpose off-highway utility vehicle” means and 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
 

 1.3

 “off road-vehicle” has the same meaning as in the Off-Road Vehicle Act, O. Reg. 316/03, s.1

 

 1.4

 “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 are not designed to be straddled, and
  4. has an engine displacement equal to or less than 1,000 cubic centimetres
 

1.5

“seat belt assembly” means a device or assembly composed of a strap or straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury

 

1.6

And all definitions in accordance with the Ontario Regulation 316/03, Operation of Off-Road Vehicles on Highways, PART 1 Definitions.

2.0

General Provisions

 

2.1

That the operation of off-road vehicles, meaning , an all-terrain vehicle, a multi-purpose off-highway utility vehicle or a recreational off-highway vehicle shall be permitted on any highway within the Municipality of Calvin under the jurisdiction of the Municipality of Calvin in accordance with O. Reg. 316/13 of the Highway Traffic Act and any amendments thereto.

3.0

Repeals

 

3.1

That By-Law No. 2003-026 is hereby repealed as of July 1, 2015.

4.0

Penalties

 

4.1

The penalties provided under the Highway Traffic Act shall apply to offenses with respect to this By-Law.

5.0

Full Force and Effect

 

5.1

This By-law shall come into force and take effect as of July 1, 2015 in accordance with the Highway Traffic Act R.S.O., 1990, Section 191.8, Subsection (3), Chapter H.8, as amended

 

READ A 1st, 2nd TIME BEFORE AN OPEN COUNCIL THIS 23rd DAY OF JUNE 2015.

READ A 3rd TIME AND FINALLY PASSED BEFORE AN OPEN COUNCIL THIS 23rd DAY OF JUNE, 2015

MAYOR CLERK