Wellington North council is taking small steps forward when it comes to allowing all-terrain vehicles (ATVs) on roadways.
Mayor Andy Lennox first put forward a motion in September of 2015 and more information was brought to council later that year.
At the April 18 council meeting, a motion was before council to direct staff to prepare a bylaw allowing ATVs on municipal roads.
Currently ATVs are prohibited on any road, with the exception of a farm exemption. Ontario legislation has recently allowed municipalities to pass bylaws permitting the ATVs on municipal roads.
Wellington County council discussed the issue last year and was “not interested” in allowing the off-road vehicles on county roads, but “if the three northern municipalities wanted to get together and allow it, then they would consider allowing it on county roads within that area,” explained Lennox.
Clerk Karren Wallace provided information for consideration, including the need to be united with Minto and Mapleton on the issue, including enforcement and risk management.
Councillor Steve McCabe asked if the county and the other municipalities are on board.
CAO Michael Givens said he doesn’t know, but cautioned against moving forward without them.
“My opinion, and this is my opinion and I hoped that it is shared among council, is that unless we have clear consensus with the county and with our adjoining neighbours, I think it is very dangerous for us to consider allowing it just on our municipal roads because … you get onto a county road then it’s illegal… I think it’s way too confusing and enforcement becomes impossible,” he said.
“I don’t think we can get consensus without pushing for it. I don’t think anyone wants to answer the question unless we force them to, including the county.”
Wallace explained that if the township were to allow ATVs on its roads without the support of the county, enforcement would fall onto the municipality rather than the OPP.
“If it’s just on our municipal roads and not on the other municipalities and not on county roads, the police do not enforce municipal bylaws, so if you pass a municipal bylaw, the enforcement becomes our responsibility and there may be some raised expectations,” she said.
Wallace added the township would also have to provide further information to its insurer, such as how the municipality intends to monitor and enforce the bylaw. The insurer would need the municipality to provide training and awareness to ATV owners as well as signage and an inspection of roads suitability.
While the other councillors asked for more discussion with the other municipalities before moving ahead with a bylaw, Lennox asked for direction.
“For me to take this to the other mayors and have a discussion on that, I need some sort of indication from this council as to whether this is something we would like to or intend to do or whether it’s a dead issue,” Lennox said.
McCabe replied, “I know somebody’s got to take the first step but at least if we ask them to the table then we can get the first step done together.”
Council defeated the motion to start the bylaw process, but did pass a motion confirming they are interested in passing a bylaw depending on the outcome of discussions with Minto, Mapleton and the county.
