Bylaw at Larose
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THE CORPORATION OF THE UNITED COUNTIES OF
PRESCOTT AND RUSSELL
BY-LAW NUMBER 2007-18
_______________________________________________________
A BY-LAW TO REGULATE AND GOVERN THE PRESENCE, USE, AND OPERATION OF VEHICLES, INCLUDING ALL TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE LAROSE FOREST
WHEREAS pursuant to the Municipal Act 2001, Section 11(5) as amended the Council of The United Counties of Prescott and Russell may pass by-laws with respect to culture, parks, recreation, and heritage and;
WHEREAS pursuant to Section 9(3) of the Municipal Act 2001, a by-law passed under Section 11 of the said Act may amongst other things regulate or prohibit respecting the matter, and as part of the power to regulate or prohibit respecting the matter, require persons to do things respecting the matter and;
WHEREAS at the present time the public is making use of the Larose Forest for various activities of both a motorized and non-motorized nature and;
WHEREAS Council of The United Counties of Prescott and Russell has received requests by ratepayers to regulate the presence, use, and operation of vehicles within the Larose Forest and;
WHEREAS the Council of the Corporation deems it appropriate to pass a by-law to regulate and govern the presence, use, and operation of vehicles, snowmobiles and all terrain vehicles within the Larose Forest.
THEREFORE pursuant to Section 11(5) of the Municipal Act 2001, the Council of The United Counties of Prescott and Russell enacts as follows:
Article 1.0 Definitions and Interpretation
1.1 Definitions: In this by-law,
a) “Larose Forest†means that parcel of land owned by the Corporation comprising 25,000 acres more or less in total, and being situate within the geographical boundaries of the Nation Municipality and the City of Clarence-Rockland as shown in green on Schedules “Aâ€, “Bâ€, and “C†attached hereto.
b) “Vehicle†includes an automobile, motorcycle, motor assisted bicycle, and any other vehicle propelled or driven other than by muscular power but does not include an authorized emergency vehicle, or a motorized snow vehicle or an all terrain vehicle, as specified under the Highway Traffic Act, Regulation 316/03.
c) “ATV†or All Terrain Vehicle means those vehicles designated as all terrain vehicles defined under Part I Definitions Paragraph 1. (a)(b)(c)(d) of Regulation 316/03 of the Highway Traffic Act R.S.O. 1990 Chapter H.8.
d) “Snowmobile†means a motorized snow vehicle as defined in Part I of the Motorized Snow Vehicles Act R.S.O. 1990 Chapter M. 44.
e) “Authorized Emergency Vehicle†includes police vehicles, fire apparatus, and ambulances.
f) “Corporation†means The Corporation of the United Counties of Prescott and Russell.
g) “Council†means the Council of the Corporation.
h) “Municipal Law Enforcement Officer†means a person appointed by Council under the Police Services Act to enforce the by-laws of the Corporation.
i) “Officer†includes a Municipal Law Enforcement officer, Conservation officer as well as members of the Ontario Provincial Police.
j) “OFSC†means the Ontario Federation of Snowmobile Clubs.
k) “OFATV†means the Ontario Federation of All Terrain Vehicles.
l) “Trail†means a defined area within the Larose Forest which is indicated by signage as being available for use in accordance with this by-law.
1.2 Rules of Interpretation
a) Wherever this by-law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the by-law with the gender applicable to the circumstances.
b) References to items in the plural include the singular, as applicable.
c) The words “include†and “including†are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow.
1.3 Statutes: References to laws in this by-law are meant to refer to the statutes, as amended from time to time, that are applicable within the Province of Ontario.
1.4 Severability: If a court or tribunal of competent jurisdiction declares any portion of this by-law to be illegal or unenforceable, that portion of this by-law shall be considered to be severed from the balance of the by-law, which shall continue to operate in full force and effect.
Article 2.0 Prohibited Users
2.1 No person shall operate a vehicle within the Larose Forest.
Article 3.0 Permitted Users
3.1 Permitted motorized uses of the Larose Forest Trails are restricted to snowmobiles and all terrain vehicles, subject to the following conditions:
a) Snowmobile use is limited to licensed and insured snowmobiles whose operators exhibit proof of current membership in the OFSC.
b) Subject to 4.1 below, snowmobile use is limited to those trails shown on Schedule “A†hereto attached as being designated solely for the use of snowmobiles.
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c) ATV use of the trails is limited to licensed and insured ATV’s whose operators exhibit proof of current membership in OFATV.
d) Subject to 4.1 below, ATV use of the trails is limited to those trails within the Larose Forest shown on Schedule “B†and Schedule “C†hereto attached as being designated solely for the use of ATV’s.
e) Notwithstanding 2.1 (Prohibited Users) above, vehicles that:
i) are owned by and/or used by the Corporation or its agents for the purpose of providing maintenance of any kind to the Larose Forest including trail maintenance and repair; and
ii) authorized emergency vehicles
are permitted to operate within the Larose Forest.
Article 4.0 Seasonal Use Restrictions
4.1 Snowmobiles and ATV’s are prohibited from using any Larose Forest Trails between March 15 and May 15 inclusive, in any year.
4.2 Notwithstanding 3.1 d) above, ATV use of the Larose Forest Trails identified on Schedule “B†hereto attached is limited to the period between May 16 and December 1 inclusive, in any year.
4.3 Notwithstanding 3.1 d) above, ATV use of the Larose Forest Trails identified on Schedule “C†hereto attached is limited to the period between December 2 and March 14 inclusive, in any year.
5.0 General Provisions
5.1 The OFATV and OFSC shall take the necessary steps to insure that its members conduct themselves in such a manner as to respect at all times the content of this by-law.
5.2 This by-law shall be reviewed from time to time annually to insure compliance and the Corporation retains the right to revoke the privileges of OFATV and/or OFSC should either organization fail to comply with any of the conditions set out in this by-law.
5.3 The Corporation may alter or revoke this by-law at any time.
5.4 The Senior Forestry Technician employed by the Corporation at this time shall be and is hereby authorized and directed to install and maintain such signage as he or she deems necessary and appropriate to implement the terms of this by-law.
6.0 Enforcement and Penalties
6.1 Enforcement: This by-law may be enforced by every municipal law enforcement officer appointed by the Corporation from time to time and police officer.
6.2 Offence and Penalty: It is an offence for a person to contravene any provision of this by-law, and every person who contravenes this by-law is guilty of an offence and, on conviction, is liable to a fine in accordance with the provisions of the Provincial Offences Act and to any other applicable penalty.
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6.2 Multiple Offences: The conviction of a person for the contravention of any provision of this by-law shall not operate as a bar to a prosecution against the same person for any subsequent or continued contravention of this by-law.
6.4 Obstruction: No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power or performing a duty under this by-law.
6.5 Court Order: If this by-law is contravened and a conviction entered, the Court in which the conviction has been entered and any Court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.
This by-law shall come into force and take effect upon the passing thereof.
DONE AND PASSED in open Council this 27th day of March 2007.
_Original signed by “Jean-Yves Lalonde___
Jean-Yves Lalonde, Warden
_Original signed by “Stéphane P. Parisien _
Stéphane P. Parisien, Clerk
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PRESCOTT AND RUSSELL
BY-LAW NUMBER 2007-18
_______________________________________________________
A BY-LAW TO REGULATE AND GOVERN THE PRESENCE, USE, AND OPERATION OF VEHICLES, INCLUDING ALL TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE LAROSE FOREST
WHEREAS pursuant to the Municipal Act 2001, Section 11(5) as amended the Council of The United Counties of Prescott and Russell may pass by-laws with respect to culture, parks, recreation, and heritage and;
WHEREAS pursuant to Section 9(3) of the Municipal Act 2001, a by-law passed under Section 11 of the said Act may amongst other things regulate or prohibit respecting the matter, and as part of the power to regulate or prohibit respecting the matter, require persons to do things respecting the matter and;
WHEREAS at the present time the public is making use of the Larose Forest for various activities of both a motorized and non-motorized nature and;
WHEREAS Council of The United Counties of Prescott and Russell has received requests by ratepayers to regulate the presence, use, and operation of vehicles within the Larose Forest and;
WHEREAS the Council of the Corporation deems it appropriate to pass a by-law to regulate and govern the presence, use, and operation of vehicles, snowmobiles and all terrain vehicles within the Larose Forest.
THEREFORE pursuant to Section 11(5) of the Municipal Act 2001, the Council of The United Counties of Prescott and Russell enacts as follows:
Article 1.0 Definitions and Interpretation
1.1 Definitions: In this by-law,
a) “Larose Forest†means that parcel of land owned by the Corporation comprising 25,000 acres more or less in total, and being situate within the geographical boundaries of the Nation Municipality and the City of Clarence-Rockland as shown in green on Schedules “Aâ€, “Bâ€, and “C†attached hereto.
b) “Vehicle†includes an automobile, motorcycle, motor assisted bicycle, and any other vehicle propelled or driven other than by muscular power but does not include an authorized emergency vehicle, or a motorized snow vehicle or an all terrain vehicle, as specified under the Highway Traffic Act, Regulation 316/03.
c) “ATV†or All Terrain Vehicle means those vehicles designated as all terrain vehicles defined under Part I Definitions Paragraph 1. (a)(b)(c)(d) of Regulation 316/03 of the Highway Traffic Act R.S.O. 1990 Chapter H.8.
d) “Snowmobile†means a motorized snow vehicle as defined in Part I of the Motorized Snow Vehicles Act R.S.O. 1990 Chapter M. 44.
e) “Authorized Emergency Vehicle†includes police vehicles, fire apparatus, and ambulances.
f) “Corporation†means The Corporation of the United Counties of Prescott and Russell.
g) “Council†means the Council of the Corporation.
h) “Municipal Law Enforcement Officer†means a person appointed by Council under the Police Services Act to enforce the by-laws of the Corporation.
i) “Officer†includes a Municipal Law Enforcement officer, Conservation officer as well as members of the Ontario Provincial Police.
j) “OFSC†means the Ontario Federation of Snowmobile Clubs.
k) “OFATV†means the Ontario Federation of All Terrain Vehicles.
l) “Trail†means a defined area within the Larose Forest which is indicated by signage as being available for use in accordance with this by-law.
1.2 Rules of Interpretation
a) Wherever this by-law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the by-law with the gender applicable to the circumstances.
b) References to items in the plural include the singular, as applicable.
c) The words “include†and “including†are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow.
1.3 Statutes: References to laws in this by-law are meant to refer to the statutes, as amended from time to time, that are applicable within the Province of Ontario.
1.4 Severability: If a court or tribunal of competent jurisdiction declares any portion of this by-law to be illegal or unenforceable, that portion of this by-law shall be considered to be severed from the balance of the by-law, which shall continue to operate in full force and effect.
Article 2.0 Prohibited Users
2.1 No person shall operate a vehicle within the Larose Forest.
Article 3.0 Permitted Users
3.1 Permitted motorized uses of the Larose Forest Trails are restricted to snowmobiles and all terrain vehicles, subject to the following conditions:
a) Snowmobile use is limited to licensed and insured snowmobiles whose operators exhibit proof of current membership in the OFSC.
b) Subject to 4.1 below, snowmobile use is limited to those trails shown on Schedule “A†hereto attached as being designated solely for the use of snowmobiles.
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c) ATV use of the trails is limited to licensed and insured ATV’s whose operators exhibit proof of current membership in OFATV.
d) Subject to 4.1 below, ATV use of the trails is limited to those trails within the Larose Forest shown on Schedule “B†and Schedule “C†hereto attached as being designated solely for the use of ATV’s.
e) Notwithstanding 2.1 (Prohibited Users) above, vehicles that:
i) are owned by and/or used by the Corporation or its agents for the purpose of providing maintenance of any kind to the Larose Forest including trail maintenance and repair; and
ii) authorized emergency vehicles
are permitted to operate within the Larose Forest.
Article 4.0 Seasonal Use Restrictions
4.1 Snowmobiles and ATV’s are prohibited from using any Larose Forest Trails between March 15 and May 15 inclusive, in any year.
4.2 Notwithstanding 3.1 d) above, ATV use of the Larose Forest Trails identified on Schedule “B†hereto attached is limited to the period between May 16 and December 1 inclusive, in any year.
4.3 Notwithstanding 3.1 d) above, ATV use of the Larose Forest Trails identified on Schedule “C†hereto attached is limited to the period between December 2 and March 14 inclusive, in any year.
5.0 General Provisions
5.1 The OFATV and OFSC shall take the necessary steps to insure that its members conduct themselves in such a manner as to respect at all times the content of this by-law.
5.2 This by-law shall be reviewed from time to time annually to insure compliance and the Corporation retains the right to revoke the privileges of OFATV and/or OFSC should either organization fail to comply with any of the conditions set out in this by-law.
5.3 The Corporation may alter or revoke this by-law at any time.
5.4 The Senior Forestry Technician employed by the Corporation at this time shall be and is hereby authorized and directed to install and maintain such signage as he or she deems necessary and appropriate to implement the terms of this by-law.
6.0 Enforcement and Penalties
6.1 Enforcement: This by-law may be enforced by every municipal law enforcement officer appointed by the Corporation from time to time and police officer.
6.2 Offence and Penalty: It is an offence for a person to contravene any provision of this by-law, and every person who contravenes this by-law is guilty of an offence and, on conviction, is liable to a fine in accordance with the provisions of the Provincial Offences Act and to any other applicable penalty.
3
6.2 Multiple Offences: The conviction of a person for the contravention of any provision of this by-law shall not operate as a bar to a prosecution against the same person for any subsequent or continued contravention of this by-law.
6.4 Obstruction: No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power or performing a duty under this by-law.
6.5 Court Order: If this by-law is contravened and a conviction entered, the Court in which the conviction has been entered and any Court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.
This by-law shall come into force and take effect upon the passing thereof.
DONE AND PASSED in open Council this 27th day of March 2007.
_Original signed by “Jean-Yves Lalonde___
Jean-Yves Lalonde, Warden
_Original signed by “Stéphane P. Parisien _
Stéphane P. Parisien, Clerk
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