ATV By-law 2015-089

"All-Terrain Vehicle" also known as an ATV means an off road vehicle as defined by O. Reg. 316/03, s. 1; O. Reg. 135/15, s. 1.1.2

"Highway" includes a common and public highway, street, avenue, parkway, and driveway, any part of which is maintained by and under the jurisdiction of the municipality and which is used by the general public for the passage of vehicles and includes the area between the lateral lines thereof. "Highway" may also include a public highway that is not maintained although some improvements may or may not have been made to the road in the past and the highway has not been "closed" as per the provisions of the Municipal Act.

"Low Pressure Bearing Tire" means wide, balloon type tire with a rounded cross section and no distinct shoulder area and that is designed to operate with inflation pressures of no greater than 70 kpa (10 psi).

"Multi-purpose off-highway utility vehicle" means an off-road vehicle as by O. Reg. 316/03, s. 1; O. Reg. 135/15, s. 1.

"Municipality" means The Corporation of Loyalist Township.

"Off-road vehicle" has the same meaning as in the Off-Road Vehicles Act; R.S.O. 1990, c.0.4

"Recreational off-highway vehicle" means an off-road vehicle as defined by O. Reg. 316/03, s. 1; O. Reg. 135/15, s. 1.

2.1 For the purpose of this By-law, All-Terrain Vehicles shall include ATV’s, Multi-purpose off-road Utility Vehicles, Off-road Vehicles and Recreational off-highway Vehicles.

2.2 All-Terrain Vehicles shall be permitted upon highways within Loyalist Township in accordance with this by-law, Ontario Regulation 316/03 of the Highway Traffic Act and the Off-Road Vehicles Act, as amended.

2.3  All-Terrain Vehicles are permitted on County of Lennox and Addington roads in accordance with County of Lennox and Addington By-law 3217/12 and subject to the exclusions described in section 2.3 of this by-law (below).

2.3 All-Terrain Vehicles are specifically excluded on County of Lennox & Addington highways as described below:

2.4 All-Terrain vehicles are also specifically excluded from Provincial Highway #33 and Provincial Highway #401.

2.5 All-Terrain Vehicles shall be permitted to cross highways in Loyalist Township in accordance with the Off-Road Vehicles Act, R.S.O. 1990, c.0.4.

2.6 All-Terrain Vehicles shall not be permitted to operate in the urban areas known as Amherstview and Bath and further identified by Schedules A, B and C, attached to this by-law.

2.7 Schedule “A”, “B” and “C” attached hereto, form part of this by-law.

3.1 An All-Terrain Vehicle operated on authorized highways within Loyalist Township must meet the equipment requirements and operate in accordance with the Off-Road Vehicles Act and Ontario Regulation 316/03 of the Highway Traffic Act.

3.2 An All-Terrain Vehicle operated on authorized County roads within Loyalist Township must operate within the speed limit requirements as set out under section 2.3 of the County of Lennox and Addington By-law 3217/12.

3.3 All-Terrain vehicles operated on authorized highways within Loyalist Township are restricted to the maintained surface of gravel surfaced highways, and the gravel and paved shoulders of paved and surface treated highways. Where the highway is not maintained, use of the highway is at the driver’s own risk and vehicle speeds should be reduced significantly to suit the natural and irregular conditions of the highway.

3.4 This bylaw specifically does not include authorization for All-Terrain vehicles to utilize highways that have been closed by the municipality in accordance with the Municipal Act.

4.1 Any person who contravenes any section of this by-law is guilty of an offence, and upon conviction, is liable to a fine as provided for in the Provincial Offences Act.

5.1 That By-law 2012-097 and other by-laws or portions therefore conflicting with this by-law are hereby repealed.

6.1 This by-law shall come into force and take effect on the day of its passing.

Read a first and second time and finally passed this 24th day of August, 2015.