Motorized Snow Vehicle By-law

BY-LAW Number: 
2008-164
Summary: 


BEING A BY-LAW TO REGULATE AND GOVERN THE USE OF MOTORIZED SNOW VEHICLES WITHIN THE TOWN OF COLLINGWOOD

 


 

NOTICE:

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By-law2008-164_Motorized Snow Vehicle.pdf410.72 KB
WHEREAS it is deemed expedient in the interest of public safety to regulate and govern the use of motorized snow vehicles in the Town of Collingwood;

 
AND WHEREAS Subsection 7. (2) of the Motorized Snow Vehicles Act, R.S.O. 1990, c.M.44 as amended, provides that a municipality may pass by-laws regulating, governing or prohibiting the operation of motorized snow vehicles within the municipality including any highways therein or any part or parts thereof.
 
AND WHEREAS Subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that by-laws may be passed by a municipality to provide for the health, safety and well-being of persons;
 
AND WHEREAS Subsection 425(1) of the Municipal Act, 2001, provides that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under the Municipal Act, 2001 is guilty of an offence; 
 
AND WHEREAS Subsection 429(1) of the Municipal Act, 2001, provides that a municipality may establish a system of fines for offences under a by-law passed under the Municipal Act, 2001
 
NOW THEREFORE be it resolved that the council of The Corporation of The Town of Collingwood enacts as follows: 
 
SECTION 1 - DEFINITIONS
For the purpose of this by-law, the following words and phrases shall have the following meanings:
 
“By-law” means the Motorized Snow Vehicles By-law No. 2008-155.
 
“Highway” means Highway as defined in the Motorized Snow Vehicles Act, as amended.
 
“Motorized Snow Vehicle” means a self propelled vehicle designed to be driven primarily on snow.
 
“Sidewalk” means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of the pedestrians.
 
“Town” means The Corporation of the Town of Collingwood. 
 
SECTION 2 – GENERAL PROVISIONS
(a)          That no person shall operate a motorized snow vehicle on any sidewalk within the geographic boundaries of the Town except to cross over such sidewalk.
 
(b)          That no person shall operate a motorized snow vehicle within the geographic boundaries of the Town between 12:00am and 7:00am of the same day.
 
(c)           That no person shall operate a motorized snow vehicle along any highway or part of any highway as depicted on “Schedule A” attached hereto unless it is to cross over such highway.
 
(d)          The maximum speed limit at which a motorized snow vehicle may be operated on any part of a highway shall be in accordance with the Motorized Snow Vehicle Act, R.S.O. 1990, c M44
 
(e)          No person shall operate a motorized snow vehicle on any pedestrian walkway, open space area, municipal park or trail within the Town except as recognized and posted as a permitted snowmobile trail as identified in Schedule B as attached hereto.
 
(f)            That the provisions of this by-law shall not apply to motorized snow vehicles operated by the following while engaged in the performance of their required duties:
 
a)    a member of the Ontario Provincial Police;
b)    an employee of the Town of Collingwood;
c)    County of Simcoe Paramedic Services and/or any other persons engaged in a bona fide rescue or emergency operation;
d)    Employees of the Ministry of Natural Resources; and
e)    Utility services such as the Collingwood Utility Services (COLLUS), Bell Canada and Hydro One.
 
(g)          The provisions of this by-law shall be subject to the provisions of the Highway Traffic Act, R.S.O. 1990, c. H.8 and the Motorized Snow Vehicles Act, R.S.O. 19910, c. M.44 and amendments thereto.
 
(h)          The Clerk and/or designate be delegated authority to execute land use agreements with the Ontario Federation of Snowmobile Clubs for the use of municipal lands.
 
 
SECTION 3 - ADMINISTRATION 
The Clerk of the Town of Collingwood will be responsible for the administration of this By-law. 
 
SECTION 4 – ENFORCEMENT
This by-law shall be enforced by any Municipal Law Enforcement Officer of the Town or by any member of the Ontario Provincial Police. 
 
SECTION 5 - PENALTY
Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine or penalty provided for in the Provincial Offences Act. R.S.O. 1990, c. P.33, as amended. A person convicted of an offence under this section is liable to a fine of not more than $5,000.00. 
 
SECTION 6 - GENERAL
Where a court of competent jurisdiction declares any section or part of a section of this by-law invalid the remainder of the by-law shall continue in force.  
 
SECTION 7 - EFFECTIVE DATE  
That this by-law shall come into full force and effect on the date of final passage hereof at which time all by-laws that are inconsistent with the provisions of this by-law and the same are hereby amended insofar as it is necessary to give effect to the provisions of this by-law. 
 
SECTION 8 – REPEAL
That By-law Nos. 2563, 2836, and 2949 be repealed and further By-law 2005-35 be amended by deleting inclusion of motorized snow vehicles. 
 
SECTION 9 – SHORT TITLE
The short title of this By-law is “The Motorized Snow Vehicles By-law.”

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By-law2008-164_Motorized Snow Vehicle.pdf410.72 KB