HomeMy WebLinkAboutBy-law No. 2023-072THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-072
A BY-LAW TO AMEND BY-LAW 2021-037 BEING A BY-LAW TO PROHIBIT AND/OR
OTHERWISE REGULATE OFF -ROAD VEHICLES (ORVs) ON ROADS WITHIN THE
MUNICIPALITY OF BAYHAM
WHEREAS the Municipal Act, 2001, S.O. 2001, c, 25, as amended, (hereinafter
"Municipal Act, 2001"), and in particular section 8 thereof, provides that the powers of a
municipality under that or any other Act shall be interpreted broadly so as to confirm broad
authority on the municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the ability of the municipality to respond to municipal issues;
AND WHEREAS pursuant to the Municipal Act, 2001, and in particular Section 28 thereof,
a municipality has jurisdiction over, inter alia, all highways over which it had jurisdiction or
joint jurisdiction on December 31, 2002, all highways established by by-law of that
municipality as enacted on or after January 1, 2003, and all highways otherwise transferred
to that municipality pursuant to the Public Transportation and Highway Improvement Act or
any other Act,
AND WHEREAS pursuant to the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended,
and in particular Section 191.8 thereof, and Regulations enacted thereunder, including but
not limited to O. Reg 316/03, as amended, as a Regulation relating to the operation of off -
road vehicles on highways, a municipality is authorized to enact a by-law prohibiting the
operation of off -road vehicles on any highway, or any part or parts thereof, within a
municipality and under its jurisdiction and/or otherwise permitting and otherwise regulating
operation of such off -road vehicles on such highways, or any part or parts thereof;
AND WHEREAS The Corporation of the Municipality of Bayham exercises jurisdiction over
and in respect of highways within the territorial limits of the said Municipality of Bayham,
which highways are generally and collectively referred to as "Municipal Roads";
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
expedient to prohibit operation of off -road vehicles on Municipal Roads, subject to an
exception which allows direct crossing of such Municipal Roads by operators of off -road
vehicles in accordance with the said Off Road Vehicles Act, R.S.O. 1990, c. O. 4, as
amended;
AND WHEREAS By-law No. 2021-037 was passed on June 17, 20217
AND WHEREAS Council deems it desirable to update Section 4 of By-law No. 2021-037,
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT Section 4 of By-law No. 2021-037 be amended by adding the following;
"4(2) Notwithstanding any provision of this By-law, Off Road Vehicles operated on
behalf of an emergency medical service, fire department, police department, public
utility, and the Municipality shall have full access to all municipal highways as
required to perform their duties"
. AND THAT in all other respects, By-law No. 2021-037 is hereby confirmed and
remains unchanged;
3. AND THAT this by-law shall come into force and take effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21St DAY
OF SEPTEMBER 2023.
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MAYOR LERK