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Home My WebLink AboutCD-9-84 n NOWLEDGE CORPORATION OF THE TOWN OF NEWCASTLE " W`SDQy, gryD � i 1i � OFFICE OF THE TOWN CLERK Y 40 TEMPERANCE STREET TELEPHONE 623-3379 BOWMAN Ll C 3A ONTARIO 6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 16, 1984. CD-9-84 - File: 10.13.99. SUBJECT: REPORT WITH RESPECT TO A BY-LAW TO REGULATE, GOVERN AND PROHIBIT THE OPERATION OF MOTORIZED SNOW VEHICLES IN THE TOWN OF NEWCASTLE. RECOMMENDATIONS: 1. That this report be received; and 2. That the attached by-law respecting the regulating, governing and prohibiting the operation of motorized snow vehicles within the Town of Newcastle be forwarded to Council for passage. BACKGROUND AND COMMENT: On January 3rd 1984, the General Purpose and Administration Committee did, by Resolution #GPA-55-84, direct that: "That a by-law be prepared governing the operation of snowmobiles and other vehicles on sidewalks and private property in urban boundaries of the Town of Newcastle and presented to Council . " In response to the direction, the legislation relating to the subject was reviewed, and the attached by-law prepared. If members of the Committee are satisfied that it meets their concerns , it would be appropriate to recommend its enactment to Town Council . Respectfully submitted, r David W. Oakes , B.A. , A.M.C.T. , Town Clerk. y DWO/ms Attachment. January 6, 1984. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84- being a by-law for regulating, governing and prohibiting the operation of motorized snow vehicles within the Town of Newcastle WHEREAS the Council of the Corporation of the Town of Newcastle deems it expedient to regulate, govern or prohibit the operation of motorized snow vehicles within the Town of Newcastle: AND WHEREAS the Motorized Snow Vehicles Act, R.S.O. 1980, Chapter 301, provides in Section 6(2) that the Council of a local municipality may pass by-laws regulating, governing or prohibiting the operation of motorized snow vehicles within the municipality: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. DEFINITIONS (A) "Highway" includes a common or public highway, street, .avenue, parkway, driveway, square place, bridge viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and which are under the jurisdiction of the Corporation of the Town of Newcastle; (B) "Motorized Snow Vehicle" means a self-propelled vehicle designed to be driven primarily on snow; (C) "Municipality" means the Corporation of the Town of Newcastle; (D) "Municipal Property" means property owned, managed or controlled by or made available by lease, agreement or otherwise, to the Corporation of the Town of Newcastle or any local board thereof; (E) "Park" means municipal property that is or hereafter may be established, dedicated, set apart or made .available for use as a public park or garden by the Corporation of the Town of Newcastle; (F) "Sidewalk" means municipal property that is or hereafter may be physically set apart or made available and intended for pedestrian use by the public as a sidewalk, or that is designated by Council for use as a park or Town sidewalk by by-law or otherwise. 2. No person shall drive a motorized snow vehicle along any sidewalk in the Town of Newcastle except when in the act of crossing .over such sidewalk and such crossing shall be at an angle of approximately 90 degrees to the direction of the sidewalk; 3. (a) Any person licensed to drive a motorized snow vehicle may drive a motorized snow vehicle in a public park in the municipality except upon roadways.where public vehicular use is prohibited and except in those areas where driving of motorized snow vehicles is prohibited by signs or posters; (b) Save and except. as noted in Section 3(a) hereof; no person shall drive a motorized snow vehicle on municipal property except where, by means of one or more signs, it is indicated that the operating of a motorized snow vehicle is permitted. 4. No person shall drive a motorized snow vehicle along any highway under the jurisdiction of the Town of Newcastle, or on any municipal property, including parks unless he is licenced pursuant to Section 8 of The Motorized Snow Vehicle Act, R.S.O. 1980, Chapter 301. - 2 - 5. No person shall drive a motorized snow vehicle at a greater rate of speed than: (a) 20 kilometres per hour in any public park in the Town of Newcastle; (b) 50 kilometres per hour upon any highway or part thereof under the jurisdiction of the Town of Newcastle. 6. No person shall drive a motorized snow vehicle in the Town of Newcastle between the hours of eleven o'clock p.m. and six o'clock a.m. , except when returning home. 7. No person shall drive a motorized snow vehicle in the Town of Newcastle, unless it is equipped with a muffler in good working order and in constant operation and no person shall drive a motorized snow vehicle which has a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon the motorized snow vehicle. 8. The owner of a motorized snow vehicle shall incur the penalties provided for any contravention of this by-law, unless at the time of the contravention the motorized snow vehicle was in the possession of some person other than the owner without the owner's consent, and the driver or operator of the motorized snow vehicle, not being the owner, shall also incur the penalties provided for any such contravention. 9. Every person who contravenes any of the provisions of this by-law, is guilty of an offence and upon conviction shall be liable to a fine not exceeding three hundred dollars ($300.00) (exclusive of costs) for each offence. 10. Town of Bowmanville By-law No. 71-5 and all other by-laws not consistent with this by-law, shall be and are hereby repealed. By-law read a first and second time this day of 1984. By-law read a second time and finally passed this day of 1984. Mayor Cler THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84- being a by-law for regulating, governing and prohibiting the operation of .motorized snow vehicles within the Town of Newcastle WHEREAS the Council of the Corporation of the Town of Newcastle deems it expedient to regulate, govern or prohibit the operation of motorized snow vehicles within the Town of Newcastle: AND WHEREAS the Motorized Snow Vehicles Act, R.S.O. 1980, Chapter 301, provides iit=$e4t+mT=6M that the Council of a local municipality may pass by-laws regulating, governing or prohibiting the operation of motorized snow vehicles - within the municipality: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. DEFINITIONS (A) "Highway" includes a common or public highway, street, .avenue, parkway, driveway, square place, bridge viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and which are under the jurisdiction of the Corporation of the Town of Newcastle; (B) "Motorized Snow Vehicle" means a self-propelled vehicle designed to - be driven primarily on snow; (C) "Municipality" means the Corporation of the Town of Newcastle; (D) "Municipal Property" means property owned, managed or controlled by or made available by lease, agreement or otherwise, to the Corporation of the Town of Newcastle or any local board thereof; i (E) "Park" means municipal property that is or hereafter may be established, dedicated, set apart or made .available for use as a public park or garden by the Corporation of the Town of Newcastle; (F) "Sidewalk" means municipal property that is or hereafter may be physically set apart or made available and intended for pedestrian use by the public as a sidewalk, or that is designated by Council for use as a park or Town sidewalk by by-law or otherwise. ';&3• No person shall drive a motorized snow vehicle along any sidewalk in the Town of q Newcastle except when in the act of crossi.ng .over such sidewalk and such crossing 1 shall be at an angle of approximately 90 degrees to the direction of-the sidewalk; . (a) Any person licensed to drive a motorized snow vehicle may drive a motorized snow vehicle in a public park in the municipality except upon roadways where public vehicular use is prohibited and except in those areas where driving of motorized snow vehicles is prohibited by signs or posters; (b) Save and except. as noted in Section 3 hereof; no person shall drive a motorized snow vehicle on municipal property except where, by means of one or more signs, it is indicated that the operating of a motorized snow vehicle is permitted. 4. No person shall drive a motorized snow vehicle along any highway under the J urisdiction of the Town of Newcastle, or on any municipal property, including parks unless he is licenced pursuant to Section 8 of The Motorized Snow Vehicle Act, R.S.O. 1980, Chapter 301. - 2 - 5. No person shall drive a motorized snow vehicle at a greater rate of speed than: (a) 20 kilometres per hour in any public park -in the Town of Newcastle; (b) 50 kilometres per hour upon any highway or part thereof under the jurisdiction of the Town of Newcastle. 6. No person shall drive a motorized snow vehicle in the Town of Newcastle between the hours of eleven o'clock p.m. and six o'clock a.m. t 7. No person shall drive a motorized snow vehicle in the Town of Newcastle, unless it is equipped with a muffler in good working order and in constant operation and no person shall drive a motorized snow vehicle which has a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon the motorized snow vehicle. 8. The owner of a motorized snow vehicle shall incur the penalties provided for any contravention of this by-law, unless at the time of the contravention the motorized snow vehicle was in the possession of some person other than the owner without the owner's consent, and the driver or operator of the motorized snow vehicle, not being the owner, shall also incur the penalties provided for any such contravention. 9. Every person who contravenes any of the provisions of this by-law, is guilty of an offence and upon conviction shall be liable to a fine not exceeding three hundred dollars ($300.00) (exclusive of costs) for each offence. 10. Town of Bowmanville By-law No. 71-5 and all other by-laws not consistent with this by-law, shall be and are hereby repealed. By-law read a first and second time this day of 1984. By-law read a second time and finally passed this day of 1984. Mayor Clerk