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Municipality of Whitestone

ATV Bylaw

Download the ATV Bylaw ⇒ in PDF format PDF file

Being a Bylaw to regulate and control the movement and time of movement of All Terrain Vehicles (ATV), on any highway or road allowance under the control of the Municipality of Whitestone. Whereas the Municipal Act 2001, Section 8, the powers of natural person exercise of authority and Section 11(1) spheres of jurisdiction. And whereas the operation and requirements for all terrain vehicles is defined in Ontario Regulation 316/03 as amended. And whereas the Highway Traffic Act R.S.O. 1990, Section 191.8 subsection (3) Chapter H.8, as amended, provides that the Council of a Municipality may pass bylaws, which governs items, such as, helmets, licenses, insurance, speeding and also

  1. permitting the operation of off road vehicles, as defined in Ontario Regulations 316/03 and amendments thereto on any part or parts of highways under the jurisdiction of a local municipality
  2. providing for a lower rate of speed for off road vehicles by regulation on any Highway, or any part or parts of such highway within the Municipality that is under its jurisdiction
  3. providing for the time of operation restrictions of off road vehicles on any highway, or part of such highway within the Municipality that is under its jurisdiction

Now therefore the Council of the Corporation of the Municipality of Whitestone hereby enacts the following on all municipally maintained roads as per Bylaw #29-2003, 45-2006, and 85-2007:

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  • Definitions
    1. Highway includes a common or public highway, street, avenue, parkway, square, place, drive, bridge, viaduct or trestle, any part which is intended for or used by general public for the passing of vehicles and includes the area between the lateral property lines thereof
    2. In this bylaw an all terrain vehicle (ATV) means an off road vehicle that
      1. is defined by Ontario Regulation 316/03 and amendments thereto
      2. has regulation headlights and regulation tail lights that must be on at all times
      3. has operating regulation brake lights
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  • General Provisions
    1. No person shall operate an ATV on any municipal property, namely, Community Centre property, rink area, parks, playground and beaches without written consent of the municipality
    2. Schedule A lists person(s) or group(s) of organization(s) exempt from the bylaw
    3. No person shall operate an all terrain vehicle within the Municipality of Whitestone between the hours of 11:00 pm and 6:00 am on any day
    4. All applicable provisions of the Highway Traffic Act, R.S.O. 1990 as amended and Ontario Regulation 316/03 as amended shall apply to the operation of All-Terrain Vehicles on Municipal Highways
    5. Any person(s) who contravenes any of the provisions of this bylaw is guilty of an offence and upon conviction is liable to a fine as provided for under the Highway Traffic Act and the Compulsory Automobile Insurance Act and The Provincial Offence Act

This Bylaw shall come into effect after third reading, and Council of the Municipality of Whitestone has given final reading.

Schedule A to Bylaw No.

The following are exempt from this ATV Bylaw:

  1. Bylaw Department employees for the Municipality of Whitestone
  2. All police officers while performing their duties
  3. All Fire Department personnel while performing their duties
  4. All medical rescue personnel while performing their duties
  5. All employees of the Municipality of Whitestone while performing their duties
  6. Hydro One employees and their contractors while performing their duties
  7. Ministry of Natural Resources employees while performing their duties
  8. Farmers, trappers, and public utility workers and type of vehicle are exempt
  9. Any person(s) or group that has written permission from the Municipality of Whitestone to operate ATVs in prohibited areas

The following is a brief summary of the current situation in the Municipality of Whitestone with no ATV Bylaw:

  • Patrolled and enforced by the OPP for Highway Traffic Act Offenses and offenses under the Off-Road Vehicle Act
  • Tickets are issued solely by the OPP for infractions

The following is a brief summary with an ATV Bylaw in place:

  • The OPP will continue to enforce the Highway Traffic Act and the Off-Road Vehicle Act
  • ATVs will be permitted on maintained municipal roads
  • The Bylaw Enforcement Officer will enforce the ATV Bylaw
  • Tickets for an infraction will be $150.00 (with approval from the Attorney General's Department)

The following short form wording will be requested for the ATV Bylaw:

  • Operate ATV on Municipal Property within the Municipality of Whitestone -- $150.00
  • Operate ATV on Municipal Roads between the hours of 11:00 pm and 6:00 am -- $150.00
  • For all other offenses an Offence Notice will be issued and the fine will be determined by the Court
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