2021-13 Off-Road Vehicle By-Law

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

By-Law No. 2021-13

BEING A BY-LAW TO PROHIBIT AND/OR OTHERWISE REGULATION OF OFF-ROAD VEHICLES (ORVS) ON TOWNSHIP ROADS AND TO REPEAL BY-LAW NO. 2020-56.

No amendments to date.

This by-law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (hereinafter “Municipal Act, 2001”), and in particular section 8 thereof, provides that the powers of a municipality under that or any other Act shall be interpreted broadly so as to confirm broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the ability of the municipality to respond to municipal issues;

AND WHEREAS, pursuant to the Municipal Act, 2001, and in particular Section 28 thereof, a municipality has jurisdiction over, inter alia, all highways over which it had jurisdiction or joint jurisdiction on December 31, 2002, all highways established by by-law of that municipality as enacted on or after January 1, 2003, and all highways otherwise transferred to that municipality pursuant to the Public Transportation and Highway Improvement Act or any other Act;

AND WHEREAS, pursuant to the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended, and in particular Section 191.8 thereof, and Regulations enacted thereunder, including but not limited to O. Reg 316/03, as amended, as a Regulation relating to the operation of off-road vehicles on highways, a municipality is authorized to enact a by-law prohibiting the operation of off-road vehicles on any highway, or any part or parts thereof, within a municipality and under its jurisdiction and/or otherwise permitting and otherwise regulating operation of such off-road vehicles on such highways, or any part or parts thereof;

AND WHEREAS the Corporation of the Township of Southwold exercises jurisdiction over and in respect of highways within the territorial limits of the said Township of Southwold, which highways are generally and collectively referred to as “Township Roads”;

AND WHEREAS the Council of the Corporation of the Township of Southwold deems it expedient to prohibit operation of off-road vehicles on Township Roads, subject to an exception which allows direct crossing of such Township Roads by operators of off-road vehicles in accordance with the said Off Road Vehicles Act, R.S.O. 1990, c. O. 4, as amended;

AND WHEREAS members of the community have requested that the operation of off-road vehicles be permitted on certain highways within the Township of Southwold which connect various parts of trail routes used by recreational off-road vehicle users;

AND WHEREAS the Council of The Corporation of the Township of Southwold deems it advisable to permit the operation of off-road vehicles on specified highways under the jurisdiction of the Township of Southwold as described in this by-law;

Table of Contents

PART 1: DEFINITIONS

PART 2: INTERPRETATION

PART 3: PROHIBITIONS

PART 4: EXEMPTIONS

PART 5: RECOGNIZED AGENCIES

PART 6: SIGNS

PART 7: USE OF HIGHWAYS

PART 8: PERMITTED CROSSING OF A HIGHWAY

PART 9: LIMITATIONS ON EXCEPTION

PART 10: ENFORCEMENT

PART 11: OFFENCES, FINES, AND PENALTIES

PART 12: SHORT TITLE

PART 13: EFFECTIVE DATE AND REPEAL

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD HEREBY ENACTS AS FOLLOWS:

Part 1: Definitions

1. In this by-law:

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

(a) has four wheels, the tires of which are all in contact with the ground,

(b) has steering handlebars,

(d) is designed to carry,

(i) a driver only and no passengers, or

(ii) a driver and only one passenger, if the vehicle,

(A) has one passenger seat that is designed to be straddled by the passenger while sitting facing forward behind the drive, and

(B) is equipped with foot rests for the passenger that are separate from the foot rests for the driver;

and in all respects meets the requirements of the Highway Traffic Act and the Off-Road Vehicles Act and any Regulations passed thereunder, as amended and as may be replaced from time to time, and, where thereby applicable, the expression “Off-Road Vehicle” shall have the corresponding meaning.

“extreme terrain vehicle” means an off-road vehicle that:

(a) has six or eight wheels, the tires of which are all in contact with the ground,

(b) has no tracks that are in contact with the ground,

(d) has a minimum cargo capacity of 159 kilograms;

“Township” means the municipal corporation of the Township of Southwold or the geographic area of the Township of Southwold, as the context requires;

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, drive, 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 area between the lateral property lines thereof and which is under the jurisdiction of the Township of Southwold pursuant to the Municipal Act, 2001;

“Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended;

“Motor Vehicle” includes an automobile, a motorcycle, a motor-assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry, or a road-building machine;

“multi-purpose off-highway utility vehicle” means an off-road vehicle that,

(a) has four or more wheels, the tires of which are all in contact with the ground,

(b) has a steering wheel for steering control,

(d) has a minimum cargo capacity of 159 kilograms;

“municipal law enforcement officer” means a municipal law enforcement officer duly authorized by the Council of the Township of Southwold to enforce this by-law;

“off-road motorcycle” means an off-road vehicle, designed primarily for recreational use, that,

(a) has steering handlebars,

(b) has two wheels, the tires of which are all in contact with the ground,

(d) has a minimum wheelbase of 1,016 millimetres,

(e) has a seat that is designed to be straddled by the driver,

(f) is designed to carry a driver only and no passengers, and

(g) does not have a sidecar;

“off-road vehicle” has the same meaning as in the Off-Road Vehicles Act and includes but is not limited to an all-terrain vehicle, extreme terrain vehicle, multi-purpose off-highway utility vehicle, off-road motorcycle, and recreational off-highway vehicle;

“Off-Road Vehicle Act” means the Off-Road Vehicles Act, R.S.O. 1990, c. O. 4, as amended;

“police officer” means an officer of the Ontario Provincial Police or other police service having jurisdiction in the Township, who are duly appointed under the Police Services Act;

“Provincial Offences Act” means the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended;

“recreational off-highway vehicle” means an off-road vehicle that,

(a) has four or more wheels, the tires of which are all in contact with the ground,

(b) has a steering wheel for steering control,

(d) has an engine displacement equal to or less than 1,000 cubic centimetres;

“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 to the person; and

“unopened road allowance” means a highway under the jurisdiction of the Township that has neither been opened for public travel nor assumed for maintenance purposes by the Township.

“approved trail route” means a trail or system of trails maintained by a Recognized Agency for use of Off-road Vehicles and excludes a highway or a portion thereof.

“designated highway” means a highway, or a part of a highway, set out in Schedule “A” to this By-law.

“superintendent” means the Public Works Superintendent for the Corporation of the Township of Southwold.

“recognized agency” means a corporation, organization, association, users’ group or individual which has entered into a written agreement with the Township in accordance with section 5 of this by-law.

Part 2: Interpretation

(1) This by-law includes the Schedule(s) attached to it, and the Schedule(s) are hereby declared to form part of the by-law.

(2) The headings and subheadings used in this by-law are inserted for convenience of reference only, form no part of this by-law, and shall not affect in any way the meaning or interpretation of the provisions in this by-law.

(3) Unless the context requires otherwise, references to items in the plural include the singular unless used with a number modifying the term, and words importing the masculine gender shall include the feminine.

(4) If any section, subsection, paragraph or part thereof is declared by any Court to be illegal or ultra vires such section, subsection, paragraph, or part or parts shall be deemed to be severable and all other parts of this by-law are declared to be separate and independent, and enacted as such.

Part 3: Prohibitions

(1) Except as contemplated and provided for in section 2(2) of the Off-Road Vehicles Act, no person shall operate an off-road vehicle upon a highway, or part thereof, under the jurisdiction of the Township, provided that, for purposes of crossing a highway pursuant to section 2(2)(a) of that Act, the off-road vehicle shall be operated at all times so as to travel perpendicular to the lateral property lines forming the limits of such highway.

(2) No person shall operate an off-road vehicle on an unopened road allowance or part of an unopened road allowance under the jurisdiction of the Township.

(3) Following enactment of this by-law, the prohibitions and exception set forth in sections 3(1) and 3(2) above shall remain in effect for each and every calendar day commencing at 12:00:01 a.m. of each such day and ending at 12:00:00 on that same day.

Part 4: Exemptions

(1) The prohibitions set forth in sections 3(1) and 3(2) above do not apply to those exemptions provided for in section 27(1) and 28 of O. Reg. 316/03, as amended, relating to the operation of Off-Road Vehicles on Highways as enacted pursuant to the Off-Road Vehicles Act, as amended.

Part 5: Recognized Agencies

(1) The Mayor and the Clerk is authorized to enter into a written agreement on the terms set out in Schedule “B” hereto with any corporation, organization, association users’ group or individual who wishes to operate, maintain or use a trail system for Off-road Vehicles use in the Township and who meets the Superintendents’ reasonable requirements.

Part 6: Signs

(1) The Township shall erect and maintain signs clearly indicating the beginning and end of every Designated Highway.

Part 7: Use of Highways

(1) No person shall operate an Off-road Vehicle on any highway within the Township other than a Designated Highway.

(2) No person shall operate an Off-road Vehicle on any highway within the Township unless they are a member in good standing with a Recognized Agency and have signed a waiver of liability in the form of Schedule "C" to this By-law.

(3) Off-road Vehicles may be operated on Designated Highways, provided that every operator and passenger complies with every applicable provision of this By-law, the Highway Traffic Act, the Off-Road Vehicles Act, and 0. Reg. 316/03, at all times.

(4) No person shall operate an Off-road Vehicle on a highway within the Township between the time one half-hour before sunset and the time one half-hour after sunrise the following day.

(5) The Superintendent is authorized to close the road to an Off-road Vehicles, in the opinion of the Superintendent it is, necessary for the protection of highways within the Township.

(6) When a Notice has been posted by the Superintendent in accordance with subsection 6(e), no person shall operate an Off-road Vehicle within the Township between the dates specified in the Notice.

(7) No person shall operate an Off-road Vehicle upon a sidewalk, walkway, walking trail, boulevard, bicycle lane, or any other area designed primarily for use by pedestrians or non-motorized vehicles.

Part 8: Permitted Crossing of a Highway

(1) When crossing a highway as permitted, by exception, pursuant to section 3(1) above and unless inconsistent with any other provision of this by-law, the person so operating any off-road vehicle and any passenger thereon shall comply with all provisions of the Highway Traffic Act, the Off-Road Vehicles Act, and all other federal and provincial laws and municipal by-laws, as applicable, or any Regulations made thereunder, as amended or replaced from time to time, including but not limited to the provisions of Part III of O. Reg 316/03, as amended, relating to the Operation of Off-Road Vehicles on Highways as enacted pursuant to the Off-Road Vehicles Act, as amended, save and except that set forth in sections 22 and 24 of the said O. Reg 316/03..

(2) When crossing a highway as permitted, by exception, pursuant to section 3(1) above, the off-road vehicle shall not be operated at a rate of speed greater than 20 kilometers per hour.

Part 9: Limitations on Exception

(1) When crossing a highway as permitted, by exception, pursuant to section 3(1) above, the person so operating any off-road vehicle and any passenger thereon shall do so at his, her, or their own risk.

(2) When crossing a highway as permitted, by exception, pursuant to section 3(1) above, the person so operating any off-road vehicle and any passenger thereon shall, at all times, exercise due care and attention, and otherwise act with due regard to other users of the highway.

(3) Permission, by exception, to cross a highway pursuant to section 3(1) above does not constitute permission to operate an off-road vehicle on any other public or private property without the consent of the owner thereof.

Part 10: Enforcement

(1) This by-law may be enforced by a police officer or a municipal law enforcement officer.

Part 11: Offences, Fines and Penalties

(1) No person shall hinder, obstruct, or interfere with a police officer or a municipal law enforcement officer in the lawful execution of his or her duties under this by-law.

(2) No person operating an off-road vehicle as contemplated by this by-law shall fail to stop that off-road vehicle when directed to do so by a police officer or a municipal law enforcement officer while executing his or her duties under this by-law.

(3) No person operating an off-road vehicle or any passenger thereon shall fail to identify himself or herself when demanded to do so by a police officer or a municipal law enforcement officer while executing his or her duties under this by-law.

(4) Any person who contravenes any provision of this by-law is guilty of an offence and is subject to any penalty as provided for in the Provincial Offences Act.

(5) Without limiting the generality of that set forth in subsection (4) immediately above, when a person has been convicted of an offence under this by-law, then the court entering that conviction or thereafter any court of competent jurisdiction may, in addition to any other penalty imposed upon such person convicted, make an order prohibiting the continuation or repetition of the said offence by the person so convicted.

Part 12: Short Title

This by-law may be referred to as the “Off-Road Vehicle By-Law”.

Part 13: Effective Date and Repeal

This by-law shall come into force and effect upon enactment and that By-law No. 2020-56 is hereby repealed.

READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME AND PASSED THIS 8TH DAY OF FEBRUARY, 2021.

______________________________________

Grant Jones

Mayor

______________________________________

Lisa Higgs

Clerk

SCHEDULE "A"

Designated Highways
Highway	From	To
Lake Line	Boxall Road	1200 m West of Scotch Line
Scotch Line	480 m West of Boxall Road	680 m West of Boxall Road

SCHEDULE "B"

Form of Recognized Agency Agreement

THIS AGREEMENT made this 13^TH day of October, 2020

BETWEEN: THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

(hereinafter referred to as the "Township") OF THE FIRST PART

-AND-

TALBOT TRAIL ATV CLUB INC.

(hereinafter referred to as the "Agency" OF THE SECOND PART

WHEREAS the Agency has established a series of trail routes for use by off-road vehicles in the Township of Southwold;
AND WHEREAS the Agency represents and warrants that it has the permission of all owners of the land over which the trail route runs;

AND WHEREAS the Township has passed By-law No. 2020-56 (the By-law),
which permits the use of off-road vehicles upon certain highways within the Township, subject to terms and conditions as set out in the By-law;

AND WHEREAS the Agency acknowledges that operation of off-road vehicles on highways is an inherently dangerous activity and that its members bear their own risk if they choose to ride on the highway;

AND WHEREAS the Township and the Agency wish to enter into an agreement to ensure that the use of off-road vehicles within the Township is orderly and lawful;

NOW THEREFORE this Agreement witnessed that in consideration of the permission granted by the Township to the Agency, the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Agency to the Township, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows:

The Township and the Agency agree that the above recitals are true.

Part 1: Definitions

1.1 All words used in this Agreement shall have identical meanings here as in the By-law.

Part 2: Township's Responsibilities

2.1 The Township shall permit the Agency to operate a system of trail routes for off-road vehicle use within the Township.

Part 3: Agency's Responsibilities

3.1 The Agency shall:

a) Require all its members to sign a waiver of liability in the form of Schedule "C" to the By-law prior to operating an off-road vehicle on a highway;

b) Provide its membership with training regarding the applicable laws and regulations, including the Off-Road Vehicles Act, the Highway Traffic Act, 0. Reg. 316/03, and the By-law;

c) Refuse or revoke the trail pass of any person who:

i.ls not properly licensed and insured; or,

ii. Violates the provisions of any applicable law or regulation, including
the By-law, while operating on a highway; and,

d) Promptly reimburse the Township for any and all costs incurred by the Township as a result of this Agreement, including any increased maintenance costs as a result of the operation of off-road vehicles upon the Designated Highways when provided with a detailed invoice for such costs by the Township;

3.2 In the event that the Superintendent issues a Notice in accordance with section 6(e) of the By-law, the Agency, in addition to posting the Notice on its website, shall forthwith disseminate the Notice to its membership.

Part 4: Insurance

4.1 The Agency shall arrange for, obtain, and maintain, at its expense, insurance in accordance with the following:

a) The policy or policies will include comprehensive general liability coverage subject to limits of not less than five million dollars ($5,000,000) per occurrence for personal injury, including death, and damage to property, including loss of use thereof and such policy or policies shall name the Township as an additional insured;

b) The insurance policy or policies shall be in full force and effect for the Term of this Agreement;

c) A Certificate of Insurance evidencing the insurance coverage required shall be provided by the Agency to the Township prior to the Township signing the Agreement and thereafter promptly on the insurance renewal date; and,

d) The insurance premium for the insurance required herein shall be prepaid for a period of not less than one (1) year.

4.2 In the event that the Agency fails to provide a certificate of insurance when required or upon request by the Township, pay premiums or otherwise keep such policy or policies of insurance in force, the Township may pay premiums or take out such additional policies as it considers necessary and all sums paid for this purpose shall be at the expense of the Agency.

Part 5: Indemnification

5.1 The Agency agrees to indemnify and save harmless the Township against any and all liability, damages (of any nature and kind) and costs (including legal costs) and any other loss to person or property that result from the activities or use of property contemplated by this Agreement by either the Agency or any of its members, save and except for any loss attributable to the actions or negligence of the Township.

Part 6: Term and Termination

6.1 Subject to earlier termination and other conditions as provided for in this Agreement, this Agreement shall be effective on the date it is signed by both parties and shall continue for a period of five (5) years (the "Term).

6.2 The Township may terminate this Agreement on sixty (60) days' written notice for any reason whatsoever. In the case of emergency, this Agreement may be terminated forthwith by the Township.

6.3 In the event that the Agency no longer operates any trail route within the Township, the Agency may give the Township notice in writing and such notice shall include the date upon which the Agency will no longer operate any trail routes within the Township. This Agreement shall terminate on the date provided by the Agency in the said notice subject to the Township being satisfied that the Agency has ceased to operate any trail route.

Part 7: General

7.1 This Agreement is not transferrable or assignable by the Agency to any third party without the Township's prior written consent, which consent may be unreasonably withheld.

7.2 This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

7.3 The Agency acknowledges:

a) That it has had an adequate opportunity to read and consider this Agreement and to obtain such legal and other advice as it considers advisable;

b) That it understands this Agreement and the consequences of signing same; and,

c) That it is signing this Agreement voluntarily, without coercion and without reliance on any representation, express or implied, by the Township.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of the date first written above.

SIGNED, SEALED and DELIVERED

TALBOT TRAIL ATV CLUB INC.

in the presence of

____________________________________ per:____________________________________

Witness Tiny Van Pinxterin

President

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

____________________________________ ____________________________________

Grant Jones Lisa Higgs

Mayor CAO/Clerk

We have authority to bind the Corporation.

SCHEDULE "C"

Form of Waiver

I, _________________________________________, hereby acknowledge that highways in the Township
of Southwold are not designed or maintained for use by off-road vehicles and the Corporation of the Township of Southwold does not warrant that highways are safe or suitable for the operation of off-road vehicles. I further acknowledge that riding an off-road vehicle on a highway is an inherently dangerous activity and that I do so at my own risk.

Date:____________________________________ Signature:____________________________________

SCHEDULE “D”

The Township of Southwold
By-law No. 2021-13: Off-Road Vehicles

SET FINE SCHEDULE

PART 1 Provincial Offences Act

ITEM	Short Form Wording	Offence Creating Provision or Defining Offence	Set Fine
1.	Operate Off-road Vehicle on a non-designated highway	6(a)	$250.00
2.	Unauthorized Person – Operate Off-road Vehicle on a Highway	6(b)	$250.00
3.	Operate Off-road Vehicle on a highway – prohibited hour	6(d)	$250.00
4.	Operate Off-road Vehicle on a highway – prohibited season	6(f)	$250.00
5.	Operate Off-road Vehicle upon [sidewalk/walkway/walking trail/boulevard/bicycle lane/area designed primarily for use by [pedestrians/non-motorized vehicles]]	6(g)	$250.00
.6	Operate Off-road Vehicle on municipal property unless authorized	7(a)	$250.00
7.	Operate Off-road Vehicle on private property without permission	7(b)	$250.00
8.	Operating Off-road Vehicle speed greater than 50 km/h on a trail or highway	7(c)	$250.00
9.	Operate Off -road Vehicle to cause unreasonable noise	8(a)	$250.00
10.	Operate Off-road Vehicle and cause damage to public or private property	8(b)	$250.00
11.	Operate Off-road Vehicle to cause nuisance	8(c)	$250.00
12.	Interfere or obstruct Peace Officer in lawful execution of duties	9(a)	$250.00
13.	Failure to stop when directed by Peace Officer	9(b)	$250.00
14.	Failure to identify as directed by a Peace Officer	9(c)	$250.00
15.	Failure to have permit for use of designated areas	9(e)	$250.00

NOTE: The penalty provision for the offences indicated above is section 9(d) of The Corporation of the Township of Southwold By-law No. 2020-56, a certified copy of which has been filed.