That the District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Amendment Bylaw No. 1949, 2006 be given first three readings.

Size: px

Start display at page:

Download "That the District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Amendment Bylaw No. 1949, 2006 be given first three readings."

Primrose Payne
5 years ago
Views:

1 DISTRICT OF SQUAMISH REPORT TO: Council FOR: Regular PRESENTED: December 19, 2006 FILE: FROM: SUBJECT: Protective Services Revisions to the Off-Road Vehicle Bylaw Recommendation: That the District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Amendment Bylaw No. 1949, 2006 be given first three readings. 1. Purpose: Recommendation that Council amend the Off-Road Vehicle Bylaw No. 1716, Time Critical: To update the a/n bylaw removing an access corridor, which reflects recent development east of Highway #99 to the north of Garibaldi Estates. To amend the bylaw mapping to reflect an enlargement of the areas where operation of the TRIALS category of motorcycle is permitted. To correct an error in the section numbering which occurred during a previous bylaw amendment and consolidation. This amendment provides an updated and accurate map of the prohibited areas and corrects a section numbering error in the bylaw. 3. Background: In 2005, concern was presented to Council that use of pedestrian and mountain bike trails by motorized dirt bikes was dangerous to public safety and damaging to the trail network, mostly constructed through volunteer labor and corporate donations. The Report to Council outlining this issue can be reviewed from the July 26, 2005 electronic agenda. Protective Services undertook user input sessions with representation from SORCA, Trail Society, Squamish Dirt Bike Association, Trials Motorcycle Group, and Parks, Recreation and Tourism. L:\WPDocs\COUNCIL\Form.wpd Page 1

2 In summary, the input was diverse from banning motorcycles completely to there was no need to have any bylaw regulations however, a compromise was achieved and those trails where it was prudent for the District to prohibit the operation of Off- Road Vehicles were identified in conjunction with the stakeholders. Council on August 02, 2005 approved amendments to the Off-Road Vehicle Bylaw that prohibited operation of motorcycles on trails and footpaths in specified areas, with the TRIALS category of motorcycles permitted in Zones 2 and Project Information: Removal of the Access Corridor - the Schedule A mapping that was adopted in 2005 contained a narrow gap in the prohibited areas just north of the Garibaldi Springs Golf Course. This gap followed a series of abandoned logging roads and the purpose was to be an access corridor for Off Road Vehicles between Highway #99 and the eastern portion of the municipality and beyond where there were suitable trails for Off-Road Vehicles with no anticipated conflicts by all user groups. The original Schedule A mapping is attached to this report as Appendix D. The corridor is located along the southern boundary of Zone 2, which is situated just south of Alice Lake Provincial Park. The subsequent reality of this corridor gap is that it has proven confusing and many Off-Road Vehicle operators have assumed this corridor is an area where dirt bikes are permitted by the District to be operated. Legally, it was simply a corridor where the District purposefully did not regulate the operation of Off-Road Vehicles. And any such activity in this area would still require the operators to seek the permission of the landowners to do so. Protective Services is recommending a revised Schedule A which does not have such a corridor, to eliminate the confusion and ensure better enforcement capacity in the future, supported by the following rationale: The former logging road corridor does cross over several existing mountain bike and pedestrian trails so the potential of conflict still remains. Since adoption of this regulation in 2005, residential developments along that corridor have begun, with houses and public roads being constructed. The former logging road is disappearing; it is difficult to determine exact locations anymore, and where it remains visible, it still resembles a roadway, and not likely to meet the legal enforcement definition of a trail or footpath. L:\WPDocs\COUNCIL\Form.wpd Page 2

3 Enforcement of the Bylaw in and along the area of this corridor would be extremely difficult as operators could easily use the defence they thought they were within the corridor space. Even with the corridor removed from the map, Off-Road Vehicles in certain sections could still use this area if not in conflict with other trail users by obtaining the permission of the property owner; and with such permission in hand, enforcement through this Bylaw would not be possible. Enlargement of Zone 3 This report is also recommending that Zone 3, which permits the operation of the TRIALS category of motorcycle, be enlarged. These motorcycles are very quiet, travel slowly, and are designed for recreation in extreme terrain. Their operation on trails is a benefit to the maintenance of trails, which both the Trail Society and SORCA welcome and are supportive of. When the current Schedule A mapping was drafted in 2005, the Trials Motorcycle Association, were operating these motorcycles extensively in the extreme terrain of Crumpit Woods and Smoke Bluff Park but did not have the permission of the majority landowner to be operating motorcycles there. During this period, there was extensive media coverage about the War in the Woods between Dirt Bike operators and other trail users. The landowner when contacted by Protective Services advised he did not wish any motorcycle activity on his land and thus Area 3 was reduced to include only Smoke Bluff Park, which is visible on the mapping in Appendix D just north of Hospital Hill. Since then, the Trials Motorcycle Association have met with the landowner, and demonstrated their extreme sport and how it has minimal if any impact on the environment. As such, the landowner is now supportive of this category of motorcycle being allowed onto his land which is largely in the Crumpit Woods area to the north of Valleycliffe and the Plateau, and Protective Services is recommending the Zone 3 exemption area be increased to reflect this arrangement. Correction of Section Mis-Numbering In October 2006 when MTI provisions were inserted within the Off-Road Vehicle Bylaw No. 1716, 2002, errors in section numbering occurred, eg. two sections numbered 11, and this proposed bylaw also is amending these issues. 5. Department Comments: Since 2005, actual complaints or reports of close or dangerous incidents to the Protective Services department have substantially decreased, which may optimistically be an indication of this prohibition on trails has been successful. L:\WPDocs\COUNCIL\Form.wpd Page 3

4 Another factor to consider is the ongoing endeavours of the Squamish Dirt Bike Association to educate their membership and increase user awareness to the issue; requesting all operators comply with the regulation in the interest of public safety. While there have been complaints of Off Road Vehicle usage on roadways and dykes, I am not aware of a registered complaint from the public of a problematic dirt bike on the trail network, which was the basis of the issue in Protective Services, Bylaw Enforcement, Conservation Service, and the RCMP continue to monitor the situation, and have worked with Operations to ensure our public awareness signage is appropriate. 6. Staff Recommendation: Staff Recommendation: That the District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Amendment Bylaw No. 1949, 2006 be given first three readings. Cliff Doherty, Director of Protective Services Attachments: Appendix A Proposed Amendment Bylaw No Appendix B Proposed revised Schedule A map Appendix C Current Existing Schedule A map Appendix D Copy of Consolidated Bylaw No. 1716, L:\WPDocs\COUNCIL\Form.wpd Page 4

5 DISTRICT OF SQUAMISH BYLAW NO. 1949, 2006 A bylaw that amends the Off-Road Vehicle Bylaw No. 1716, 2002 The Council of the District of Squamish in open meeting assembled enacts as follows: 1. This bylaw may be cited as Off-Road Vehicle Bylaw No. 1716, 2002 Amendment Bylaw No.1949, The Off-Road Vehicle Bylaw No. 1716, 2002 is hereby amended by deleting section 4 in its entirety and substituting a new section 4 as follows: Section 3(e) does not apply to the operation of a category of motorcycles known as a trial motorcycle within the shaded areas numbered 2 and Said Bylaw No is further amended in section 7 by deleting the reference to section 5 and substituting a reference to section Said Bylaw No is further amended by renumbering the last section of the bylaw as section Said Bylaw No is further amended by deleting the Schedule A in its entirety and substituting a new Schedule A attached to and forming part of this bylaw. 6. Said Bylaw No is further amended in Schedule B by deleting the reference to section 4 in the last row and substituting a reference to section 5. READ A FIRST TIME this day of, READ A SECOND TIME this day of, READ A THIRD TIME this day of, ADOPTED this day of, Ian Sutherland, Mayor Robin Arthurs, Director of Administrative Services H:\Hall\General\COUNCIL\ AGENDA Council Meeting\2006\1219\Off Road RTC Appendix A.Doc Dec 07, :16 AM/C

8 District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Schedule A

9 District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Schedule A continued

10 DISTRICT OF SQUAMISH OFF-ROAD VEHICLE BYLAW NO. 1716, 2002 As Amended by Bylaws No and 1906 THIS IS A CONSOLIDATED BYLAW PREPARED BY THE DISTRICT OF SQUAMISH FOR CONVENIENCE ONLY. THE CORPORATION DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW PROVISIONS. WHEREAS the Local Government Act authorizes Council to regulate the use of all highways and public places within the District of Squamish; NOW THEREFORE the Municipal Council of the District of Squamish, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as the District of Squamish Off-Road Vehicle Bylaw No. 1716, In this Bylaw, off-road vehicle means a vehicle propelled by a motor that is designed for off-road travel, and includes vehicles having two, three or four wheels, whether known as dirt bikes, quads, or by any other name, but excludes conventional trucks or cars with off-road capabilities that are licensed under the Motor Vehicle Act. 3. No person shall operate, or permit to be operated, an off-road vehicle on any of the following:

11 (a) the portion of a highway not designated or improved for vehicular traffic. (b) any land held by the District for park purposes. (c) a municipal utility or trail right of way. (Amended by Bylaw No. 1877) (d) a municipal dike. (e) a trail or footpath within the shaded areas numbered 1,2, and 3 on the plan attached to this Bylaw as Schedule A. (Amended by Bylaw No. 1877) 4. Section 3 (e) does not apply to the operation of the trials category of motorcycles only within shaded areas 2 and 3. (Amended by Bylaw No. 1877) 5. No person shall park, store or leave an off-road vehicle on a portion of a highway or public place. (Amended by Bylaw No. 1877) 6. An off-road vehicle parked, stored or left on a portion of a highway or public place may be removed and impounded at the owners expense upon the order of the Director of Protective Services or Manager of Operations. (Amended by Bylaw No. 1877)

12 7. The costs incurred by the District in removing and impounding an offroad vehicle under section 5 may be recovered by the sale of the offroad vehicle at a public auction if the owner of the off-road vehicle fails to pay the costs or cannot be identified after reasonable efforts. (Amended by Bylaw No. 1877) 8. This Bylaw does not apply to the operation of vehicles by police, fire, ambulance, or search and rescue personnel in the course of their duties, or by employees or contractors of the District engaged in maintenance activities. 9. The Director of Operations may place or erect signs and barriers to give effect to this bylaw. 10. The Director of Operations may issue a written authorization to use an off-road vehicle contrary to the terms of this bylaw, at such times and places and subject to such further terms and conditions as may be specified in the authorization, if the Director of Operations considers that the use of the vehicle is reasonably required in the exercise of rights granted by the District to use municipal property for film production or a special event on municipal property authorized under the provisions of a District bylaw. 11. Every person who violates a provision of this bylaw, or who permits any act or thing to be done in contravention of, or in violation of any provision of this bylaw, is guilty of an offence against this bylaw and is liable on summary conviction to a penalty of not more than $10,

13 11. The offences set out in Schedule B are designated for enforcement under s. 264 of the Community Charter, persons designated by Council as a Bylaw Enforcement Officer and members of the R.C.M.P. are designated as bylaw enforcement officers for the purpose of enforcing those offences, the use of the expressions set out in Schedule B are authorized to designate those offences, and the fines for those offences are specified in Schedule B. (Amended by Bylaw No. 1877) READ A FIRST TIME this 16th day of July, 2002 READ A SECOND TIME this 16 th day of July, 2002 READ A THIRD TIME this 16 th day of July, 2002 ADOPTED this 23 rd day of July, 2002 Original Signed Corinne Lonsdale, Mayor Original Signed Trudy Coates, Manager of Administrative Services

14 Schedule A of Bylaw No (Amended By Bylaw No. 1877)

15 Schedule A Continued of Bylaw No (Amended By Bylaw No. 1877)

16 Schedule B of Bylaw No (Amended by Bylaw No. 1906) SCHEDULE B MUNICIPAL TICKET INFORMATION DESIGNATIONS Offence Bylaw Section No. Fine Off-road vehicle on undesignated highway 3(a) $ Off-road vehicle on park land 3(b) $ Off-road vehicle on municipal right of way 3(c) $ Off-road vehicle on municipal dike 3(d) $ Off-road vehicle on trail or footpath 3(e) $ Off-road vehicle occupying highway or public place 4 $100.00

District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Schedule A

District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Schedule A District of Squamish Off-Road Vehicle Bylaw No. 1716, 2002 Schedule A continued DISTRICT OF SQUAMISH OFF-ROAD VEHICLE BYLAW NO. 1716,